reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.2 - Cost analysis and calculation

Current through all regulations passed and filed through July 1, 2024
(A) A cost analysis
			 
								will be
			 conducted each fiscal year. The licensor 
								will use data
			 from the previous fiscal year to calculate the actual cost of administering and
			 enforcing Chapter 3717. of the Revised Code and the rules adopted thereunder
			 for food service operations and retail food establishments licensed by the
			 licensor. The licensor 
								will calculate the actual cost of administration
			 and enforcement attributable to each of the following components on forms
			 prescribed or approved by the director of agriculture and the director of
			 health:
(1) Risk level I, risk level II, risk
			 level III, and risk level IV food service operations and retail food
			 establishments;
(2) Mobile food
			 service operations and mobile retail food establishments;
(3) Temporary food service operations and
			 temporary retail food establishments; and
(4) Vending machine locations.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.3 - Risk level of food service operations

Current through all regulations passed and filed through July 1, 2024
The licensor shall determine the risk level based on the
				highest risk level activity of the food service operation in accordance with
				the following criteria:
(A) Risk
			 level I poses potential risk to the public in terms of sanitation, food
			 labeling, sources of food, storage practices, or expiration dates. Examples of
			 risk level I activities include, but are not limited to, an operation that
			 offers for sale or sells:
(1) Coffee,
			 self-service fountain drinks, prepackaged non-time/temperature controlled for safety beverages;
(2) Pre-packaged refrigerated or
			 frozen time/temperature controlled for safety foods;
(3) Pre-packaged non-time/temperature controlled for safety foods; or
(4) Baby food or formula.
A "food delivery sales operation" as
				defined in division (H) of section
				3717.01 of the Revised Code
				shall be classified as a risk level I.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.3 - Risk level of food service operations

Current through all regulations passed and filed through July 1, 2024
The licensor 
								will determine the risk level based on the
				highest risk level activity of the food service operation in accordance with
				the following criteria:
(A) Risk level
			 I poses potential risk to the public in terms of sanitation, food labeling,
			 sources of food, storage practices, or expiration dates. Examples of risk level
			 I activities include, but are not limited to, an operation that offers for sale
			 or serves:
(1) Coffee,
			 self-service hot beverage dispenser drinks,
			 self-service fountain drinks, prepackaged non-time/temperature controlled for
			 safety beverages;
(2) Pre-packaged
			 refrigerated or frozen time/temperature controlled for safety foods;
(3)
									Fresh,
			 unprocessed fruits and vegetables;
(4)
			 Pre-packaged non-time/temperature controlled for safety foods; or
(5)
			 Baby food or formula.
A "food delivery sales operation" as defined in division (H) of
				section 3717.01 of the Revised Code 
										will be classified as a risk level I.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.4 - Food service operation inspection frequency

Current through all regulations passed and filed through July 1, 2024
(A) Except as specified in paragraph (B) of
			 this rule, a licensor shall inspect food service operations at least every
			 fifteen months as follows:
(1) Risk level I:
			 at least one standard inspection each licensing period.
(2) Risk level II: at least one standard
			 inspection each licensing period.
(3) Risk level III: at least two standard
			 inspections each licensing period.
(4) Risk level IV: at least two standard
			 inspections and two critical control point inspections, and if applicable two
			 variance reviews each licensing period. The licensor may conduct the critical
			 control point inspections on the same visits as the standard inspections and
			 when applicable verify the terms of any variance that may have been
			 issued.
(5) Mobile food service
			 operations: at least one standard inspection each licensing period;
(6) Temporary food service operation: at
			 least one inspection during the period of operation; and
(7) New food service operations: one standard
			 inspection not later than thirty days after the license has been issued. If
			 less than six months remain in a licensing period, the licensor may elect to
			 eliminate one standard inspection, and one critical control
			 point inspection and one variance review for an
			 operation classified as risk level III or IV. For the purpose of this rule, new
			 food service operation means a food service operation that, in accordance with
			 rule
			 3701-21-03
			 of the Administrative Code, the licensor requires a facility layout and
			 equipment specifications review be submitted for approval.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.4 - Food service operation inspection frequency

Current through all regulations passed and filed through July 1, 2024
(A) Except as specified in paragraph (B) of
			 this rule, a licensor 
								will inspect food service operations at least
			 every fifteen months as follows:
(1) Risk
			 level I: at least one standard inspection each licensing period.
(2) Risk level II: at least one standard
			 inspection each licensing period.
(3) Risk level III: at least two standard
			 inspections each licensing period.
(4) Risk level IV: at least two standard
			 inspections and two critical control point inspections, and if applicable two
			 variance reviews each licensing period. The licensor may conduct
			  critical control point inspections on
			 the same visits as  standard inspections
			 and when applicable verify the terms of any variance that may have been
			 issued.
(5) Mobile food service
			 operations: at least one standard inspection each licensing period;
(6) Temporary food service operation: at
			 least one inspection during the period of operation; and
(7) New food service operations: one standard
			 inspection not later than thirty days after the license has been issued. If
			 less than six months remain in a licensing period, the licensor may elect to
			 eliminate one standard inspection, and one critical control point inspection
			 and one variance review for an operation classified as risk level III or IV.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.5 - Standards and procedures for conducting investigations of complaints pertaining to food service operations

Current through all regulations passed and filed through July 1, 2024
(A) The licensor shall accept for
			 investigation oral and written complaints regarding food service operations.
			 The licensor may decline to investigate any complaint it determines is:
(1) Frivolous;
(2) Not made in good faith; or
(3) Too old to be reasonably investigated.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.5 - Standards and procedures for conducting investigations of complaints pertaining to food service operations

Current through all regulations passed and filed through July 1, 2024
(A)
								The licensor will
			 accept for investigation complaints regarding food service operations.
			 Complaints will be investigated in accordance with a written policy developed
			 by the licensor. The policy is to include at a minimum:
(1)
									A complaint form
			 or electronic database to be used to document the receipt of all complaints and
			 contains at least the following:
(a)
										The name and address of the food service operation;
			 and
(b)
										A statement of facts about the complaint including the
			 date and time of any alleged occurrence.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.6 - Procedures for resolving disputes between licensors and license holders

Current through all regulations passed and filed through July 1, 2024
A license holder may request a meeting on a licensor's proposed
				action regarding a food service operation if the license holder believes that
				the action is in conflict with Chapter 3717. of the Revised Code or the rules
				adopted under it. The license holder shall submit a written request to the
				director of health no later than five days after receipt of the notice of the
				proposed action. After review of the written request, the director of health
				shall take whatever steps the director believes necessary to resolve the
				dispute in a mutually satisfactory manner including the appointment of a
				professional arbitrator or mediator at the licensor's and license holder's
				expense.
Effective:
				3/1/2010
R.C. 119.032 review dates:
				10/20/2009 and
				10/15/2014
Promulgated
				Under: 119.03
Statutory Authority: 3717.52
Rule
				Amplifies: 3717.50, 3717.52
Prior Effective Dates: 3/1/2001
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.6 - Procedures for resolving disputes between licensors and license holders

Current through all regulations passed and filed through July 1, 2024
A license holder may request a meeting with Ohio department of health on a licensor's
				proposed action regarding the food service
				operation, if the license holder believes that
				the action is in conflict with this chapter or any
				provision of Chapter 3717. of the Revised Code applicable to food service operations. The license
				holder 
								will submit a written request to
				
								Ohio department of health no later than five days
				after receipt of the notice of  proposed
				action from the licensor. After review of the
				written request, Ohio department of health may take
				whatever steps the Ohio department of
				health believes appropriate to assist in the
				resolution of the dispute.
								
								A request for a meeting with the Ohio department of
				health does not affect the right of any party to seek any other remedy
				available by law.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.7 - Procedures for providing enforcement support

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of this rule "enforcement
			 support" means the provision of any of the following by the Ohio department of
			 health:
(1) Assistance to the licensor to
			 address an immediate danger to public health;
(2) Expert testimony;
(3) Review and comment on enforcement
			 documentation concerning immediate danger to public health; or
(4) Assistance in the prosecution of a person
			 who is not in compliance with Chapter 3717. of the Revised Code or the rules
			 adopted under it; provided the legal representative of the licensor requests
			 the assistance, in writing, and has the consent of the board of health or the
			 authority having the duties of a board of health.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-02.7 - Procedures for providing enforcement support

Current through all regulations passed and filed through July 1, 2024
Upon request, the director of health is
				available to provide enforcement support to local boards of health to assist in
				the prosecution of any person for any violation of this chapter or the
				provisions of Chapter 3717. of the Revised Code applicable to food service
				operations.
(A) For the purpose
			 of this rule "enforcement support" means the provision of any of the following
			 by the Ohio department of health as the director deems
			 appropriate:
(1) Assistance to the
			 licensor to address an immediate danger to public health;
(2) Expert testimony;
(3) Review and comment on enforcement
			 documentation concerning immediate danger to public health;
(4) Assistance in the prosecution of a person
			 who is not in compliance with this chapter or the
			 provisions of Chapter 3717. of the Revised Code
			 
									applicable to food service operations, provided
			 the legal representative of the licensor requests the assistance, in writing,
			 and has the consent of the board of health or the authority having the duties
			 of a board of health; or
(5)
									Other assistance deemed appropriate by the
			 director.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-03 - Facility layout and equipment specifications

Current through all regulations passed and filed through July 1, 2024
No person, firm, association, organization, corporation, or
				government operation shall construct, install, provide, equip, or extensively
				alter a food service operation until the facility layout and equipment
				specifications have been submitted to and approved in writing by the licensor.
				When the facility layout and equipment specifications are submitted to the
				licensor, they shall be acted upon within thirty days after date of receipt.
				The licensor shall use the facility layout and equipment specification criteria
				set forth in the rules adopted pursuant to section
				3717.05 of the Revised Code to
				approve or disapprove facility layout and equipment specifications.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-03 - Facility layout and equipment specifications

Current through all regulations passed and filed through July 1, 2024
No person, 
				association, organization, corporation, or government operation
				
								will
				construct, install, provide, equip, or extensively alter a food service
				operation until  facility layout and
				equipment specifications have been submitted to and approved in writing by the
				licensor. When  facility layout and
				equipment specifications are submitted to the licensor, they
				
								will be
				acted upon within thirty days after date of receipt. The licensor
				
								will
				use the facility layout and equipment specification criteria set forth in the
				rules adopted pursuant to section 3717.05 of the Revised Code to approve or
				disapprove facility layout and equipment specifications.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-22 - Food choking

Current through all regulations passed and filed through July 1, 2024
(A) The director of health shall provide
			 standards detailing first aid techniques designed and intended for use by a
			 person without medical training in removing food which has become lodged in the
			 throat of a choking victim. The director shall provide the standards by
			 printing them for distribution.
(B) The food service operation shall ensure
			 that the standards are readily accessible to the public and the employees of
			 the food service operation.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-22 - Food choking

Current through all regulations passed and filed through July 1, 2024
(A) The director of health
			 
								will
			 provide standards detailing first aid techniques designed and intended for use
			 by a person without medical training in removing food which has become lodged
			 in the throat of a choking victim.
(B) The food
			 service operation 
								will ensure that the standards are readily
			 accessible to the public and the employees of the food service
			 operation.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-24 - State survey procedures for program evaluation

Current through all regulations passed and filed through July 1, 2024
(A)
								
								The director of health shall
			 survey at least once every three years each food service operation program
			 
								of a licensor pursuant to section
			 3717.11 of the Revised
			 Code. The licensor shall provide the director of health with all
			 requested information to complete the survey.
(B) The director of health shall provide the
			 survey methodology, which shall include:
(1)
			 A review of the administrative aspects of the food service operation program
			 including application and licensing, certification, cost analysis and fee
			 adoption, facility layout and equipment specification review, inspections and
			 reports, and enforcement;
(2) A field review of the
			 application of 
									the requirements set forth in
			 Chapter 3717. of the Revised Code,
									 Chapter 3717-1 of the
			 Administrative Code
									and this chapter; and
(3)
									 A review of
			 other performance standards relevant to the conduct of the food service
			 operation program.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-25 - Certification in food protection

Current through all regulations passed and filed through July 1, 2024
(A)
								In accordance
			 with section 3717.09 of the Revised Code, the
			 director of health shall approve the following categories of food certification
			 courses of study:
(1)
									Person in charge certification covering the principles
			 of food safety and the requirements of paragraph (B) of rule 3717-1-02.4 of the
			 Administrative Code. A person in charge certification course approved by the
			 director of health prior to the effective date of this rule shall maintain its
			 approval until a new course is submitted to the director of health no later
			 than nine months after the effective date of this rule, and approved or
			 disapproved by the director of health no later than twelve months after the
			 effective date of this rule. If a new course is not submitted and approved
			 within twelve months of the effective date of this rule, the course will no
			 longer be approved.
(2)
									Manager certification in food
			 protection.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-25 - Certification in food protection

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section 3717.09 of the
			 Revised Code, the director of health 
								will approve the following categories of food
			 certification courses :
(1) Person in charge certification
			 covers the principles of food safety and the
			 requirements of paragraph (B) of rule 3717-1-02.4 of the Administrative Code.
(2)
			 Manager certification in food protection is a
			 comprehensive food safety training that provides managers with in-depth
			 knowledge of proper food safety practices for use in their facilities.
			 A manager certification in food protection course
			 approved by the director of health prior to April 1, 2019 will retain its
			 approval until a new or amended course is submitted to the director of health
			 no later than nine months after the effective date of this rule and approved or
			 disapproved by the director of health no later than twelve months after the
			 effective date of this rule. If a new or amended course is not submitted and
			 approved within twelve months of the effective date of this rule, the course
			 will no longer be approved.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-21 - Food Service Operations › Section 3701-21-27 - Embargo of food

Current through all regulations passed and filed through July 1, 2024
Food to be embargoed shall be embargoed according to section
				901:3-4-15 of the
				Ohio Administrative Code.
Eff 12-1-04
Rule promulgated under: RC 119.03
Rule authorized by: RC
				3717.51
Rule amplifies: RC 3715.05, 3715.27, 3715.47,
				3717.52
R.C. 119.032 review dates: 10/21/2009 and 10/15/2014
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-25 - Resident Camps › Section 3701-25-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "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, or the board of health's
			 authorized representative.
(B) "Gray water
			 recycling systems" has the meaning set forth in section
			 3718.01 of the
			 Revised Code.
(C) "Human
			 consumption" means ingestion or absorption of water or water vapor by humans as
			 the result of drinking, cooking, dishwashing, handwashing, bathing, showering,
			 or oral hygiene, or other domestic uses such as flushing toilets or doing
			 laundry.
(D) "One hundred year flood" means a flood having a
			 one per
			 cent chance of being equaled or exceeded in any given year.
(E)
			 "One hundred year flood plain" means that area adjoining any river, stream,
			 watercourse, or lake that has been or may be inundated by a one hundred year
			 flood.
(F) "Operator" means the person having responsible
			 charge of a resident camp.
(G) "Person" has the same meaning as in section
			 1.59 of the
			 Revised Code and also includes this state, any political subdivision of this
			 state, and any other state or local body of this state.
(H)
			 "Primitive camp area" means any resident camp in
			 which only sewage and solid waste disposal facilities are required.
(I)
			 "Privy" means a self-contained waterless toilet used for disposal of non
			 water-carried human excreta that consists of a shelter built above an approved
			 tank installed in the ground into which human excreta is deposited.
(J)
			 "Resident camp" means a tract of land and any tents, vehicles,
			 buildings or other structures that may be pertinent to its use, any part of
			 which may be occupied by any person for the purpose of supervised outdoor or
			 indoor activities and on which provisions are made for overnight
			 occupancy. A resident camp does not include the following:
(1) Any university, college, or other
			 registered educational facility;
			 or
(2) Any use of a tract of land,
			 or property determined by the board of health as not being within the intent of
			 this chapter.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-25 - Resident Camps › Section 3701-25-02 - Responsibilities of the board of health

Current through all regulations passed and filed through July 1, 2024
(A)
								Pre-approval
			 requirements. Prior to issuing a permit to operate a newly constructed,
			 substantially altered or existing unlicensed resident camp, the board of health
			 shall review and either accept or not accept plans that have been submitted in
			 accordance with this chapter.
(B)
								Site evaluation.
			 To determine its suitability, the board of health shall evaluate the location
			 for a newly constructed, substantially altered or existing unlicensed resident
			 camp and prepare and sign a written site evaluation report. The report shall
			 include at a minimum, topography, soil conditions, previous uses, and available
			 utilities for the resident camp.
(C)
								Plan review. The
			 board of health shall, within thirty days of receiving a complete plan review
			 package for review, either approve or disapprove the plans in writing or, in
			 the case of incomplete plans, request additional information. If additional
			 information is requested, the board of health shall approve or disapprove the
			 plans within thirty days after receiving the additional requested information.
			 If the board of health does not receive a response to the request for
			 additional information within forty-five days, the board of health shall
			 disapprove the package.
(1)
									Plan approval. Except as otherwise provided in this
			 rule, a written plan approval issued for a resident camp shall be valid for two
			 years after the date on which the approval was issued. One extension may be
			 granted for a period of up to one year, if it is found that the applicant for
			 plan approval has made a good faith effort to complete the construction or
			 substantial alteration, but has failed to complete it for reasons beyond the
			 applicant's control. A request for an extension shall be filed in writing
			 before the plan approval has expired.
(2)
									Plan expiration.
			 If the construction or substantial alteration has not been completed within the
			 two-year period, or within the limit of any extension granted under this rule,
			 the plans shall be resubmitted.
(3)
									Plan disapproval.
			 The board of health may disapprove plans if the applicant for plan approval
			 fails to comply with, or the proposed construction or substantial alteration
			 fails to comply with any rule of this chapter.
(4)
									Hearing request.
			 Any applicant may appeal the disapproval of their plans in accordance with fair
			 hearing procedures adopted by the board of health.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-25 - Resident Camps › Section 3701-25-03 - Responsibility of the operator

Current through all regulations passed and filed through July 1, 2024
(A)
								Permission to
			 operate. No person shall operate or maintain a resident camp without a permit
			 issued by the board of health having jurisdiction.
(B)
								Submission of
			 plans. Any person who intends to construct, substantially alter or operate an
			 existing, unpermitted resident camp shall comply with rule
			 3701-25-04
			 of the Administrative Code.
(C)
								Persons seeking
			 approval to operate a resident camp shall apply to the board of health in which
			 the business is located, on forms the board shall prescribe and provide.
(1)
									Initial permit to
			 operate. Any person who intends to open a new resident camp shall apply for a
			 permit at any time after receiving written approval of the plans for the
			 resident camp from the board of health under paragraph (C)(1) of rule
			 3701-25-02
			 of the Administrative Code.
(2)
									Permit renewal.
			 Every operator who intends to renew an approval to operate or maintain a
			 resident camp shall apply to the board of health on or after April first of
			 each year.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-25 - Resident Camps › Section 3701-25-04 - Resident camp plan review package submission and design requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								No person shall construct, substantially alter or
			 operate an existing unpermitted resident camp until both of the following have
			 occurred:
(1)
									The proposed location of the resident camp has been
			 evaluated by the board of health under paragraph (B) of this rule;
			 and
(2)
									The plans for construction or alteration have been
			 submitted to the board of health for review, in accordance with paragraph (C)
			 of this rule, and have been approved by the board of health, in accordance with
			 rule
			 3701-25-02
			 of the Administrative Code.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-26 - Campgrounds › Section 3701-26-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "ASSE" means
			 the American society of sanitary engineering.
(B) "Backflow" has the same meaning as set
			 forth in rule 
								4101:3-2-01 of the Administrative Code.
(C)
								"Campground"
			 collectively means a combined park-camp, recreation camp, recreational vehicle
			 park and temporary campground unless otherwise specifically
			 identified.
(D) "Combined park-camp" means any tract of land upon
			 which a combination of five or more self-contained recreational vehicles or
			 portable camping units are placed and includes any roadway, building,
			 structure, vehicle or enclosure used or intended for use as part of the park
			 facilities. A tract of land that is subdivided for lease or other contract of
			 the individual sites is a combined park-camp if a combination of five or more
			 recreational vehicles or portable camping units are placed on it for
			 recreation, vacation or business purposes. "Combined park-camp" does not
			 include any tract of land used solely for the storage or display for sale of
			 self-contained recreational vehicles or portable camping units or solely as a
			 temporary park-camp.
(E) "Dependent recreational vehicle" means a
			 recreational vehicle other than a self-contained recreational vehicle and does
			 not include a manufactured home or a mobile home.
(F) "Director" means
			 the director of health or the director's authorized representative.
(G)
								"Domestic
			 septage" has the same meaning as set forth in section
			 3718.01 of the Revised
			 Code.
(H) "Dump station" means a facility designed to
			 receive the contents from sewage holding tanks or self-contained recreational
			 vehicles and may include both of the following:
(1) The components necessary for collecting
			 and holding the sewage wastes; and
(2) The water service used for flushing
			 vehicle sewage holding tanks and adjacent dump station areas.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-26 - Campgrounds › Section 3701-26-02 - Responsibilities of the director of health

Current through all regulations passed and filed through July 1, 2024
(A)
								Forms. The
			 director shall approve forms to be used by the department and licensor for plan
			 approvals, construction verification inspections and compliance
			 inspections.
(B)
								State program license fees. The director shall ensure
			 that a fee of one hundred ten dollars is collected for every annual license
			 issued. The fees shall be used for administration and enforcement of this
			 chapter.
(C)
								Plan review. The director shall, within thirty days of
			 receiving a complete plan review package for review, either approve or
			 disapprove the plans or, in the case of incomplete plans, request additional
			 information. If the director requests additional information, the director
			 shall approve or disapprove the plans within thirty days after receiving the
			 additional requested information. If the director does not receive a response
			 to the request for additional information within forty-five days of the
			 request, the plan review package shall be disapproved.
(1)
									Plan approval.
			 Except as otherwise provided in this rule, a plan approval issued by the
			 director for a campground 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 for plan review has made a good faith effort to complete the
			 construction, expansion or substantial alteration of the campground. A request
			 for an extension shall be filed with the director in writing before the
			 expiration of the two-year period.
(2)
									Plan expiration.
			 If the construction, expansion or substantial alteration has not been completed
			 within the two-year period or within the limit of any extension granted under
			 paragraph (C)(1) of this rule, the plans shall be resubmitted in accordance
			 with paragraph (C) of this rule.
(3)
									Retention period.
			 Approved plans, including applicable forms, documents and relevant
			 correspondence shall be kept by the reviewing agency for a minimum of two years
			 after the project is approved as complete.
(4)
									Plan disapproval.
			 The director may disapprove plans if the applicant for plan approval fails to
			 comply with, or the proposed construction or substantial alteration would not
			 comply with, any requirement of sections
			 3729.01 to
			 3729.13 of the Revised Code or
			 this chapter.
(5)
									Hearing request. Any person aggrieved by the director's
			 disapproval of plans under this rule may, within thirty days following receipt
			 of the director's notice of disapproval, request a hearing on the matter. The
			 hearing shall be held in accordance with Chapter 119. of the Revised Code and
			 may be appealed in the manner provided in that chapter.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-26 - Campgrounds › Section 3701-26-05 - Campground plan review package submission and design requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								No person shall construct, substantially alter or
			 operate an existing unlicensed campground until both of the following have
			 occurred:
(1)
									The proposed location of the campground has been evaluated
			 by the licensor under paragraph (B) of this rule; and
(2)
									The plans for the
			 construction or alteration have been submitted for review and have been
			 approved by the director or the licensor, as appropriate, under paragraph (C)
			 or (F) of this rule.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-26 - Campgrounds › Section 3701-26-06 - Variances; waivers

Current through all regulations passed and filed through July 1, 2024
(A)
								The director may
			 grant a variance or waiver from any requirement established by Chapter 3701-26
			 of the Administrative Code or Chapter 3729. of the Revised
			 Code.
(B)
								A campground seeking a variance or waiver from any of
			 the requirements established by this Chapter must submit a written request to
			 the director as follows:
(1)
									As part of a campground plan review package required by
			 rule
			 3701-26-05
			 of the Administrative Code, to construct, substantially alter, or operate a new
			 or existing campground as required for licensure under rule
			 3701-26-04
			 of the Administrative Code;
(2)
									A variance or
			 waiver request for a temporary event must be:
(a)
										Submitted with
			 the plan review package required by rule
			 3701-26-05
			 of the Administrative Code; and
(b)
										Be received by
			 the director at least ninety days prior to the event.
(3)
									As
			 part of an application for renewal of an existing campground license at least
			 ninety days prior to the license renewal period; or
(4)
									At any other time
			 of the year provided the request is received ninety days prior to the requested
			 implementation date for the variance or waiver.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Alter or
			 alteration" means to make a change in the type of construction or configuration
			 of a private water system, including without limitation:
(1) Adding or changing the design of
			 continuous disinfection, water treatment,  methane treatment device, or a cyst reduction filter;
(2) Converting a well with a buried seal to a
			 well with a pitless adapter or well house installation;
(3) Extending a distribution system to
			 
									one
			 or more dwellings or buildings including
			 extending a distribution system to a new building or dwelling that is a
			 reconstructed replacement for a building or dwelling that has been razed or
			 destroyed;
(4)
									Except when sealing or decommissioning a private water
			 system,
									disconnecting the water source from a service line
			 going to one or more service connections including when connecting to a public
			 water supply;
(5) Converting a
			 well that uses a well pit to a well with a pitless adapter or well house type
			 of construction; extending  casing
			 that currently terminates below ground to extend
			 above ground; deepening a well; or repairing, extending, or replacing any
			 portion of the inside or outside casing or wall, or the walls of a spring or
			 cistern, that extend below ground level;
(6) Conversion of a permitted test well to a
			 private water system.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-02 - Scope, responsibility for compliance, and applicability of rules

Current through all regulations passed and filed through July 1, 2024
(A) The definition
			 of private water system as stated in paragraph (XXX) of rule
			 3701-28-01 of the
			 Administrative Code shall apply to all systems regardless of the date of
			 construction, development, installation, or alteration. All private water
			 systems constructed prior to the effective date of this rule shall comply with
			 the rules in effect at the time of construction, unless otherwise required by
			 this chapter regardless if the water system is converted to uses other than a
			 private water system.
(B) Chapter
			 3701-28 of the Administrative Code shall apply to the following:
(1) All private water systems, constructed,
			 after the effective date of this rule; and,
(2) Except as provided in paragraphs (D),
			 (E), (F), (G), and (I) of this rule, all private water systems constructed
			 prior to the effective date of this rule when altered.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-05 - Approval to enforce

Current through all regulations passed and filed through July 1, 2024
(A) The director of health shall survey each
			 private water systems program of the city and general health districts, or the
			 authorities having the same duties as a board under section
			 3709.05 of the Revised Code, at
			 least once every three years to determine their adequacies for carrying out the
			 provisions of this chapter. The health district or
			 authority shall provide the director with all requested information to complete
			 the survey.
(B) A survey
			 methodology shall be developed by the director and provided to each health
			 district or authority and shall include:
(1) A
			 review of any regulations for consistency with this chapter, the administrative
			 aspects of the private water systems program including application and
			 permitting, staff resources and knowledge of the technical aspects of the
			 program, cost analysis and fee adoption, plan review, inspections and reports,
			 sampling, investigations, and enforcement; and
(2) A field review of the inspection of
			 private water systems during construction and after completion to evaluate
			 overall compliance with the private water systems construction, sampling,
			 alteration and sealing requirements set forth under this chapter.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-07 - Location, operation, and maintenance of private water systems

Current through all regulations passed and filed through July 1, 2024
(A)
								Each private water system shall be properly maintained
			 and operated according to the requirements of this chapter, and as
			 follows:
(1)
									Where two or more dwellings are serviced by a private water
			 system, the entire private water system shall be owned and maintained equally
			 by all parties owning service connections served by the system.
(2)
									Where a private
			 water system, or portion thereof, is not located on the same parcel as the
			 service connection it serves, there shall be a legally recorded easement to
			 allow access to the system by all parties for the purposes of maintenance,
			 sampling, and repairs.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-09 - Materials used in drilling and construction of wells

Current through all regulations passed and filed through July 1, 2024
(A) Materials used
			 in the drilling process shall meet the following requirements:
(1)
									All materials
			 used in the well construction process shall be stored and transported in a
			 manner to prevent or reduce contamination of the materials prior to placement
			 in the well.
(2) Materials that are in contact with ground water
			 shall be free of matter that may adversely affect the aquifer or water pumped
			 from the well and shall not promote microbiological growth.
(3)
			 All drilling fluids, additives, and lubricants
			 shall meet NSF 60-2016, NSF 61-2016 or be of food grade quality
			 and shall not be discharged to surface water. Drilling fluids or additives that
			 contain guar gum or other biodegradable organic materials shall not be used
			 during the drilling of a well.
(4) Water that is used
			 for drilling purposes, other than water from the well itself, shall be water
			 from an approved private or public water system and shall be conveyed in
			 containers that are clean and capable of being maintained in a clean condition.
			 Surface water shall not be used for drilling purposes unless it is obtained
			 from a public water supply. Storage tanks used to haul water for drilling shall
			 be periodically disinfected by the registered contractor.
			 Private water systems which are used to provide water
			 for drilling purposes shall be subject to the annual water sampling and
			 reporting requirements of paragraph (DD) of rule
			 3701-28-03
			 of the Administrative Code.
(5) Drilling cuttings
			 shall not be discharged into a well pit, other wells, surface water,
			 or surface water conveyance or placed into the
			 annular space of a well.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-10 - Well construction, alteration and maintenance

Current through all regulations passed and filed through July 1, 2024
Wells used as private water systems shall be constructed to
				comply with the requirements of this rule.
(A) During the construction, alteration or
			 maintenance of a well, steps must be taken by the owner and the private water
			 systems contractor to minimize the entrance of contaminants into the well.
(1) If construction of the private water
			 system is not complete and the private water systems contractor must leave the
			 well site while the equipment is still on site, the contractor shall ensure
			 that the annular space or borehole is securely covered to prevent the entrance
			 of contaminants, and prevent a safety hazard for animals and people.
(2) If the drilling rig is to be removed from
			 the site before the installation of casing and grout, the borehole shall be
			 secured to prevent collapse or shall be sealed.
(3) Open boreholes without casing, grouting
			 and a proper cap installed shall not be left open for more than ten days unless
			 the private water systems contractor documents to the local health district
			 that extenuating circumstances including, but not limited to, equipment repair
			 delays or illness are preventing the completion of the well.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-11 - Development, startup, and operation of new, repaired and altered wells

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule:
(1) "Drawdown" means the extent to
			 which the water level in and near a well is lowered when water is pumped or
			 flows from the well.
(2) "Pump
			 test" means to withdraw water from a well at a constant or stepped rate while
			 measuring the drawdown in the well at specific time intervals for a specific
			 period of time.
(3) "Sustainable
			 yield" means the volume of water that can be consistently discharged from well
			 over a period of time.
Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-28 - Private Water Systems › Section 3701-28-13 - Construction and surface design of springs

Current through all regulations passed and filed through July 1, 2024
(A) Water obtained from a spring construction
			 shall be continuously disinfected and filtered as prescribed in rule
			 3701-28-15
			 of the Administrative Code.
(B) The
			 location of the spring shall be at a point free from flooding and, in addition
			 to the requirements of rule
			 3701-28-07
			 of the Administrative Code, shall comply with the following:
(1) The area surrounding the spring to a
			 distance of fifty feet downslope and two hundred feet upslope or to the crest
			 of the slope shall be under the control of the private water system owner
			 through ownership of the land or an easement and shall not be used for any
			 activity that may contaminate the spring.
(2) The spring outlet shall not be located in
			 a one-hundred year flood plain.