Ordinance 71-11RECORD OF ORDINANCES
D Leal Blank. I nc.
71 -11
Ordinance No.
— Foxu Xo..3004?.
Passed 2 0
AN ORDINANCE ADOPTING THE FRANKLIN
COUNTY BOARD OF HEALTH REGULATIONS
FOR THE PROVISION OF HEALTH SERVICES.
WHEREAS, the City of Dublin ( "City") entered into an agreement for the
provision of public health and plumbing inspection services with the Franklin
County Board of Health ("Board") pursuant to Ordinance No. 53 -11; and
WHEREAS, this agreement requires the City to adopt the Board's regulations,
a copy of which is attached as Exhibit "A."
NOW, THEREFORE, BE IT ORDAINED by the Council, of the City of Dublin,
State of Ohio, / of the elected members concurring that:
Section 1 . The Council of the City of Dublin hereby adopts the "Franklin
County Board of Health Regulations," attached hereto as Exhibit "A."
Section 2 . This ordinance shall take effect on the earliest date permitted by
law.
Passed this � day of 201y�-,
Mayor - ",ding Officer
ATTEST:
Clerk of Council
I CE M I L LERLLP
LEGAL COUNSEL
MEMORANDUM
TO: Dublin City Council
Marsha L Grigsby, City Manager
FROM: Stephen J. Smith, Law Director
Jennifer D. Readler, Assistant Law Director
DATE: January 5, 2012
RE: Ordinance 71 -11 - Adopting the Franklin County Board of Health's Regulations
for the Provision of Health Services
BACKGROUND:
As stated previously, earlier this year, the City of Dublin entered into an agreement with the
Franklin County Board of Health for public health and plumbing inspection services pursuant to
Ordinance No. 53 -11. That agreement required Dublin to adopt the Franklin County Board of
Health regulations that are pertinent to their provision of services.
Attached is an ordinance adopting the regulations.
The original agreement between Dublin and the Franklin County Board of Health contemplates
the use of these regulations only in matters designated in the agreement. The Law Director will
be prepared to respond to any questions regarding the regulations at the January 9, 2012 meeting.
RECOMMENDATION:
Staff recommends approval of this ordinance.
{M401050.2 )
Ordinance 71 -11 - An Ordinance Adopting Franklin County Board of
Health Regulations for the Provision of Health Services
RELEVANT BOARD OF HEALTH REGULATIONS
703 — Plumbing
709 — Rabies Control
710 — Housing Maintenance and Occupancy
712 — Rat Control
715 — Dead Animals
716 — Weeds
717 — Manure
718 — Nuisance
719 — Approval of Building Plans
720 — Sewage Treatment Systems
800 — Comprehensive Solid Waste Regulations
FRANKLIN COUNTY DISTRICT BOARD OF HEALTH
REGULATION #703
PLUMBING
703.01 DEFINITIONS
(A) "BOARD OF HEALTH" means the Board of Health of the Franklin
County General Health District, as authorized by Section 3709.01
of the Ohio Revised Code.
(B) "COMMERCIAL BUILDING AND PUBLIC BUILDING OR PLACE" means any
building or place as defined in Section 3781.06 of the Ohio
Revised Code, and any other similar building or place where
plumbing is installed, is to be installed, or is to be a part
thereof.
(C) "GOVERNING AUTHORITY" means an entity, in addition to the
Franklin County Board of Health, that issues plumbing permits,
and includes the cities of Bexley, Dublin, Gahanna, Grandview
Heights, Grove City, Hilliard, Reynoldsburg, Upper Arlington,
Whitehall, and Worthington, and the Villages of Minerva Park,
Groveport, Obetz, Canal Winchester, and New Albany.
(D) "HEALTH COMMISSIONER" means the health commissioner of the
Franklin County District Board of Health or his authorized
representative.
(E) "PERSON" means the state, any political subdivision, public or
private corporation, partnership, firm, association, individual,
or other entity.
(F) "PLUMBING" means any plumbing as used in Chapter 4101:2 -56 -69 of
the Ohio Administrative Code.
(G) "PLUMBING FIXTURE" means plumbing fixtures as used in Chapter
4101:2 -56 -69 of the Ohio Administrative Code.
(H) "RESIDENTIAL BUILDING OR DWELLING" means any building which is
wholly or partly used or intended to be used by human occupants
not included in Section 3781.06 of the Ohio Revised Code, and
shall include any single - family, two - family or three - family
dwelling.
703.02 PLUMBING FOR PUBLIC BUILDINGS AND DWELLINGS
(A) All plumbing in and /or for public buildings and /or places located
in the jurisdiction of the Franklin County General Health
District shall be installed, maintained, tested, and inspected in
accordance with this Regulation and the provisions of Chapter
4101:2 -56 -69 of the Ohio Administrative Code which is hereby
incorporated by reference and made a part of this Regulation;
provided, however, this Regulation shall apply only to the types
of public buildings or places for which the Ohio Department of
Health has designated and approved the Franklin County General
Health District to make the plumbing inspections.
(B) All plumbing in single - family, two - family, and three - family
dwellings in the Franklin County General Health District shall be
installed, maintained, tested, and inspected in accordance with
this Regulation and Chapter 4101:2 -56 -69 of the Ohio
Administrative Code which is hereby incorporated by reference and
made a part of this Regulation.
(C) It is the purpose of this Regulation to adopt by incorporation
and by reference, the standards and methods regarding plumbing
installations, maintenance, testing, and inspection for all
plumbing in the jurisdiction of the Franklin County General
Health District as is provided in Chapter 4101:2 -56 -69 of the
Ohio Administrative Code and to provide for the proper
enforcement, as specified by the Ohio Department of Health, of
such provisions to protect the public health, to prevent the
contamination of water supplies, to provide the sanitary
collection of wastes, and to make unnecessary the exercise of
this authority by the Ohio Department of Health as is provided in
Section 3703.01 of the Ohio Revised Code.
703.03 REGISTRATION OF PLUMBING CONTRACTORS
(A) No person shall perform the services of a Plumbing Contractor
unless he /she holds a valid registration issued to him /her by the
Board of Health.
I
(B) No person shall perform the services of a Plumbing Contractor
without having a surety bond for $5,000 naming the Franklin
County Health Department as obligee.
(C) Application for registration shall be in writing and contain all
information required by the Board of Health. Any fee established
for registration by law and /or authority of law shall accompany
the application.
(D) Each registration issued hereunder shall expire on December 31st
of the year of issuance.
703.03 REGISTRATION OF PLUMBING CONTRACTORS (CONT.)
(E) No permits will be issued to Plumbing Contractors whose
registration has not been renewed.
(F) Only plumbing inspectors from the Franklin County Health
Department and the City of Columbus, Ohio are permitted to escrow
their plumber registration.
(G) Every registrant shall maintain and submit to the Board of Health
such data and records as may be required for determining
compliance with Regulation 703 of the Franklin County District
Board of Health.
(H) Violation of Regulation 703, or any other applicable laws, rules,
or regulations, shall be cause for suspension or revocation of
registration.
(I) Whenever the Health Commissioner finds that a Plumbing Contractor
is or has engaged in practices which are in violation of any
provision of Regulation 703 of the Franklin County District Board
of Health, the terms of the registration as required by the Board
of Health), or applicable laws of the state, the Board of Health
shall give notice in writing to the registrant describing the
alleged violation and state that an opportunity for a hearing
will be provided by the Board of Health to show cause why his or
her registration should not be suspended or revoked.
3
703.04 PLUMBING PERMIT AND PLAN APPROVAL REQUIREMENTS
(A) No plumbing shall be done in any commercial building or place and
dwelling units of four (4) family or more, except in cases of
leaks, repairs, and fixture replacements in existing plumbing,
until plans and specifications for such plumbing work have been
submitted and approved and a plumbing permit has been issued by
the governing authority.
(B) No plumbing shall be done in any residential building or
dwelling, except in cases of leaks, repairs, and fixture
replacements in existing plumbing, until a plumbing permit has
been issued by the governing authority.
703.04 PLUMBING PERMIT AND PLAN APPROVAL REQUIREMENTS (CONT.)
(C) Applications for permits must be submitted on forms provided by
the governing authority and shall be accompanied by the plans and
specification required by this regulation. Any fee established
for a permit by law or authority of law shall accompany the
application.
(D) No permit shall be issued to any person to do plumbing who is not
a registered Plumbing Contractor with the Franklin County General
Health District as provided in section 703.03 (A) of this
regulation, except to the owner of a single - family dwelling who
is to personally perform the work in the home in which he /she
lives or in which he /she intends to live.
(E) Two (2) sets of plans with isometric drawings of plumbing for all
commercial, industrial, or dwelling units of four (4) family or
more, shall be submitted and approved before any work is started.
An approved set of drawings shall be available on the job site.
Any fee established for plan review by law and /or authority of
law shall be submitted with the plans.
(F) The plans and specifications required by this regulation shall
contain sufficient detail and information to permit a clear
I
understanding and an intelligent review of the proposed plumbing
work. When such plans and specifications do not contain the
necessary information and details, or if after review and
investigation, alterations or revisions are required, additional,
supplemental, or revised plans and specifications and other data
shall be submitted upon notification by the Health Commissioner.
(G) After review of the plans and specifications submitted, one copy
shall be retained and filed in the Franklin County Health
Department, and the other copy shall be returned to the person
who submitted such plans and specifications. The returned plans
shall be marked to show the approval or disapproval of such
plans. No plumbing work shall be installed except in exact
accordance with the approved plans. When any change or
modification is deemed necessary or desirable, such change or
modification shall be incorporated in revised plans and
specifications and shall be submitted to the Health Commissioner
in the same manner as is required for original plans.
(H) Applications for a permit to do plumbing work and for plan review
shall be acted upon by the Health Commissioner without delay and
in every case shall be acted upon within thirty days after
application is made or after the required plans and
specifications are submitted.
(I) Plumbing permits shall remain in force until completion of the
plumbing work or for one year from the date of issuance,
whichever occurs first. The permit may, however, be revoked or
suspended by the Board of Health.
703.05 PLUMBING EXCEPTIONS FOR RESIDENTIAL APPLICATIONS
(A) Building drains may be supported in a bed of #57 or smaller
crushed stone.
(B) Vertical stacks or risers in the drain and vent system may span
one story without additional support. Waterline risers require
mid -story strapping.
(C) Concrete, brick laid in mortar, or metal brackets is not required
to support the base of a soil or waste stack if other means are
provided.
(D) Final air tests are waived unless requested, for cause, by the
5
plumbing inspector.
(E) Sealing around plumbing fixtures against walls and floors will
not be an enforcement issue.
(F) Domestic dishwashers rated to ASSE 1006 standards are
sufficiently protected against backflow to the potable water
supply.
(G) The installations of commercial water hammer arresters at laundry
and dishwasher connections are not required. Air chambers at each
bathroom grouping and on kitchen and laundry supplies, as an
integral part of the water piping system, are encouraged.
(H) Plastic water services may extend more than five (5) feet into a
building without transition to another material where meter
location, such as adjacent to a crawl space or on a slab, may
require.
(I) CPVC water piping may be joined using a one -step cement, yellow
in color, if recommended by the manufacturer.
(J) Plastic to other piping materials in drain and vent systems shall
be accomplished using approved transition bands or adapters.
Extra heavy cast iron to schedule 40 or service weight
connections must use the appropriate transition band with the
difference in outside diameter compensated for in the band
thickness.
(K) All fixture supplies shall have individual stops, except tub or
shower valves, where access would be impractical. Separate stops
on frostproof sillcocks are not required.
703.05 PLUMBING EXCEPTIONS FOR RESIDENTIAL APPLICATIONS (CONT.)
(L) Valve identification tagging is not required.
(M) Insulating hot water return piping systems is optional although
encouraged to minimize heat loss.
(N) The disinfection of potable water systems, for residential
G
applications, is not required.
(0) Primer, either clear or purple in color as approved by the
manufacturer, shall be used when joining PVC DWV pipe and
fittings.
(P) A gate or other valve is not required in addition to the check
valve on a subsurface water sump discharge line.
703.06 ADDITIONAL PLUMBING STANDARDS
(A) A branch vent shall be provided and stubbed below floor joists
for future fixture openings in the underground plumbing.
(B) Protection plates shall be installed where any drain, vent and
waterline passes through framing members in a location where
hazard of nail or screw puncture may exist.
(C) Holes in roof sheathing shall be cut for vent terminals at time
of rough inspection when weather conditions do not permit safe
installation of flashing.
(D) A minimum of three (3) feet shall be required between a floor
drain trap and the main or branch drain from where it ties in.
(E) Underground piping shall be imbedded or blocked and restrained,
by staking, to prevent disturbance of the placement, fall, or
alignment.
(F) Dead ends and future openings shall have schedule 40 or heavier
caps or plugs.
703.07 INSPECTIONS
(A) All cleanout risers shall be permanently installed at the time of
the underground inspection.
(B) All piping in the waste and vent system and the water
distribution system shall be under test at the time of the
7
complete rough inspection.
(C) A reinspection fee will be required if a second inspection is
made due to an error by the plumber or owner.
(D) The use of water for testing in freezing temperatures is
unacceptable.
(E) A final test on residential plumbing may be required at the
discretion of the plumbing inspector.
(F) Only a Registered Plumbing Contractor or the individual who takes
out the plumbing permit, can request an inspection.
(G) Permit numbers are required before inspections will be made.
(H) All commercial plumbing jobs must be supervised by a Plumbing
Contractor.
(I) Documents for initial testing of isolation backflow devices shall
be submitted to the plumbing inspector prior to final inspection.
703.08 GREASE INTERCEPTORS FOR FOOD SERVICES \ESTABLISHMENTS
(A) Grease interceptors must be installed in all proposed retail food
establishments and food service operations as defined in the Ohio
Revised Code Section 3171.01, with the exception of mobile and
temporary retail food establishments (RFE) and /or food service
operations (FSO). This Section does not apply to a "limited" RFE
or "limited" FSO that does not require utensil washing and has no
ware washing equipment, that are serviced by a sanitary sewerage
system or an individual sewage treatment system. The size will
be based on the type of operation and the fixture load. Grease
interceptors shall be installed immediately outside the building
where there is easy access for cleaning. In accordance with
Section 703.12 of this Regulation, the Health Commissioner or
his /her designated representative may grant an exemption to this
regulation if it is impractical to install an outside grease
interceptor. If the Health Commissioner or his /her designated
representative determines that an outside grease interceptor is
necessary resulting from the administrative hearing specified in
Section 703.12, a person may apply in writing for a variance to
this regulation according to Section 703.13, and pay all
applicable variance fees.
703.09 PUBLIC RESTROOMS FOR FOOD SERVICE OPERATIONS
(A) Any food service operation with a seating capacity of five (5) or
more must have public restrooms, one (1) male and one (1) female.
703.10 BACKFLOW DEVICES ON HOSE CONNECTIONS
(A) All residential buildings must be provided a backflow or
syphonage preventor on all hose connections, excluding drain
cocks.
703.11 BACKFLOW DEVICES ON LAWN SPRINKLER SYSTEMS
(A) No person shall install or cause to be installed any backflow
device upon a lawn sprinkler system without an installation
permit. The owner or his authorized agent shall obtain such
installation permit prior to the installation of the backflow
device.
(B) The backflow device and the installation and use of the backflow
device shall meet all provisions of Chapter 4101:2 -56 -69 of the
Ohio Administrative Code (Ohio Plumbing Code) and Regulation 703
of the Franklin County District Board of Health Sanitary
Regulations.
(C) Application for permit shall be in writing and all pertinent
information as required by the Governing Authority. Any fee
established for the permit by law or authority of law shall
accompany the application.
(D) The governing authority shall issue a permit when the pertinent
information indicates that the provisions of Regulation 703 of
the Franklin County District Board of Health, Ohio Plumbing Code
or applicable state laws, rules, or regulations can be met. The
governing authority may specify terms consistent with Regulation
703 or other applicable state laws, rules, or regulations on the
permit governing the installation, testing, and rebuilding of
backflow devices.
(E) The governing authority shall deny a permit if the information on
the application is incomplete, inaccurate, or indicates that the
provisions of Regulation 703 of the Franklin County District
I
Board of Health Sanitary Regulations or applicable state laws,
rules, or regulations cannot be met.
(F) An installation permit shall remain in force until the
installation of the backflow device is complete or for one year
from the date of issuance, whichever occurs first. The permit
may be revoked or suspended by the governing authority.
(G) The lawn sprinkler system shall not be placed into service or
used until the backflow device has been tested in accordance to
Chapter 4101:2 -56 -69 of the Ohio Administrative Code and
inspected and approved by the Health Commissioner.
(H) Documents for initial testing of isolation backflow devices shall
be submitted to the plumbing inspector prior to final inspection.
703.12 HEARING
(A) The Board of Health shall grant an administrative hearing, with
the Health Commissioner or his /her designated representative, to
any person affected or aggrieved by Regulation 703 of the
Franklin County District Board of Health.
703.13 VARIANCE
(A) The Board of Health may grant a variance from the requirements of
Regulation 703 of the Franklin County District Board of Health as
will not be contrary to the public interest, where a person shows
that because of practical difficulties or other special
conditions a strict application will cause unusual and
unnecessary hardship. However, no variance shall be granted that
will defeat the spirit and general intent of said Regulation, or
be otherwise contrary to the public health.
703.14 EFFECT OF PARTIAL INVALIDITY
(A) In any case where a provision or section of this Regulation is
found to be in conflict with a provision or section of any
zoning, building, fire, safety, or health regulation or code of
Franklin County existing on the effective date of this
Regulation, the provision or section which establishes the higher
standard for the promotion and protection of the health and
safety of the people shall prevail. In any case where a
provision or section of this Regulation is found to be in
conflict with a provision or section of any other regulation or
code of the Franklin County existing on the effective date of
10
this Regulation which establishes a lower standard for the
promotion and protection of the health and safety of the people,
the provision or section of this Regulation shall be deemed to
prevail, and such other regulations or codes are hereby declared
to be repealed to the extent that they may be found in conflict
with this Regulation. If any section, subsection, paragraph,
sentence, clause, or phrase of this Regulation should be declared
invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this regulation, which shall remain in
full force in effect; and to this end the provisions or sections
of this Regulation are hereby declared to be severable.
Revised 5/11/99
Amended 9/11/07
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 709
Rabies Control Regulation
TABLE OF CONTENTS
Animal Bite Reporting Procedure 11
Communicable Disease Rules Relating to Rabies 13
Revised 09/08/09
1
Page No.
709.01
Definitions
2
709.02
Quarantine
4
709.03
Control Reports, Observations, Examinations and
5
Dispositions
709.04
Immunization
8
709.05
Wild, Exotic, Prohibited, Dangerous and Feral Animals
9
709.06
Unconstitutionality Clause
10
709.07
Penalties
10
Animal Bite Reporting Procedure 11
Communicable Disease Rules Relating to Rabies 13
Revised 09/08/09
1
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 709
Rabies Control Regulation
DEFINITIONS
A. "Contact" shall mean any susceptible animal that directly or indirectly has
come in contact with a rabid, or suspected rabid animal.
B. "Dangerous Animal' shall mean any animal which in the opinion of the
Health Commissioner represents a danger to the health, welfare and safety of
the public and presents a risk of serious physical harm to persons or property
as measured by infectious disease status, viciousness, or poisonous status, or
presents a risk of serious physical harm to persons, animals, or to property.
C. "Exotic Animal' shall mean other wild animal not indigenous to Ohio, capable
of transmitting rabies.
D. "Feral' shall mean any susceptible domestic animal living in the wild state,
including, but not limited to, any dog or cat without a rabies tag or other
acceptable identification as approved by the Board of Health.
E. "Health Commissioner" shall mean the Health Commissioner of the Franklin
County District Board of Health or his /her authorized representative.
F. "Human Exposure" shall mean all incidents involving persons having contact
with a susceptible animal, including bites.
G. "Immunization" shall mean the administration of a biological product
recommended in the U.S. Public Health Service Center for Disease Control
Animal Rabies Vaccine Compendium and licensed by the U.S. Department of
Agriculture and deemed adequate to provide protection to the animal so
vaccinated against rabies.
H. "Isolation" shall mean the placing of a rabid animal, suspected rabid animal, or
a contact separate and apart from all other susceptible animals or persons so
that the transmission of rabies is impossible.
I. "Owner" shall mean any person owning, keeping, possessing, harboring,
maintaining or having the care, custody or control of an animal.
J. 'Person" shall mean individual, company, partnership, firm, municipal
corporation, corporation or association, or any combination of individuals, or
any employee, agent, or officer thereof.
K. 'Pocket Pets" shall mean small pets such as, but not limited to, hamsters,
gerbils, guinea pigs, domestic rabbits, white rats, and mice.
10
DEFINITIONS, (CONT)
L. "Prohibited Animals" shall mean any poisonous insects, amphibians, or reptiles,
including those whose fangs or poison sacs have been removed or neutralized.
M. "Quarantine" is the limitation of freedom of movement of rabid or suspected rabid
animals, or contacts, for a period of time equal to the longest usual incubation period
of the disease, as recommended by the Compendium of Animal Rabies Control of the
National Association of State Public Health Veterinarians, Inc., in such manner as to
prevent the spread of the rabies virus.
N. "Rabid Animal" shall mean any animal showing observable clinical signs of rabies or
which has been confirmed as having rabies by a laboratory acceptable to the Health
Commissioner.
O. "Stray" shall mean any susceptible animal whose owner cannot be determined or one
that cannot be apprehended and isolated for observation.
P. "Susceptible Animal" shall mean any animal to which rabies can be transmitted.
Q. "Suspected Rabid Animal" shall mean a susceptible animal showing, to a limited
degree, observable clinical signs of rabies or a susceptible animal that has bitten a
person or has come in contact with a person in such manner that rabies could be
transmitted to that person.
R. "Veterinarian" shall mean a veterinarian duly licensed under the laws of the State of
Ohio.
S. "Wild Animal" shall mean: Hares or Rabbits, Gray Squirrels, Black Squirrels, Fox
Squirrels, Red Squirrels, Groundhogs or Woodchucks, Deer, Wild Boar, Bears, Minks,
Weasels, Raccoons, Skunks, Opossums, Muskrats, Fox, Beavers, Badgers, Otters,
Coyotes, Bobcats or any other warm blooded non - domestic animal which is
indigenous to the State of Ohio and capable of transmitting rabies; an offspring born
to wild animals bred with a domestic animal, or offspring born to domestic animals
bred with wild animals; and any animal for which there has been no rabies vaccine in
which the efficacy has been demonstrated, or which the quarantine period has not
been scientifically researched and defined.
Mustela Putorius Furo (domestic ferret) shall be considered wild unless all of
the following conditions are met:
a. shall be under the regular care of a licensed veterinarian but not
necessarily in the veterinarian's possession, and
b. shall be currently immunized for rabies by a licensed veterinarian, and
C. the ferret must be a product of three generations of breeding, in
captivity, to live a life intimately associated with man in a tame or
tamable condition.
709.02 QUARANTINE
A. Whenever it is reported to the Health Commissioner that a dog, cat, ferret, or
any susceptible animal has bitten a person, that dog, cat, ferret, or susceptible
animal shall be quarantined under order issued by the Health Commissioner.
The dog, cat, ferret, or susceptible animal shall be quarantined in a pound or
kennel or may be quarantined by its owner or by a harborer in cases approved
by the Health Commissioner.
B. Home quarantine by the owner is acceptable provided that the following
criterion is met.
1. The owner assumes all risk related to the animal during home
quarantine.
2. Animals confined indoors must be confined to a house, building or other
enclosure in such a way that prevents human contact, other than
contacts with the owner(s).
3. Animals confined outdoors must be on a leash, not to exceed a six foot
length, and under direct supervision of an adult capable of controlling
and handling the animal or confined in a kennel with a 6 foot high fence
with an enclosed top and a secured bottom, or other enclosure suitable
to the Franklin County Board of Health.
C. Confinement may be obtained at the Franklin County Animal Shelter for a ten
day period, at a daily charge to the owner.
D. If the Franklin County Department of Animal Control captures or confines the
animal due to running -at -large or not under owner control, the animal, if
quarantined, will not be released until the quarantine period is over and the
daily confinement cost is paid by the owner.
E. If the animal does not have a current rabies vaccination, the owner must take
the animal to a veterinarian within 24 hours after the tenth day of the bite, for
examination and rabies vaccination, before the animal is released from
quarantine.
F. No person shall remove an animal that has bitten a person within the
jurisdiction of the Franklin County Board of Health from this jurisdiction until
a quarantine period, as determined by the Health Commissioner, has been
completed.
G. No person shall kill an animal that has bitten any person until a quarantine
period, as specified in Section 709.03, has been completed unless the owner of
the animal elects to sacrifice the animal for immediate laboratory analysis.
H. No animal shall be immunized against rabies, as specified in Section 709.04,
while quarantined.
M
709.02 QUARANTINE (CONT)
No animal shall be released from quarantine until it has been immunized, by a
licensed veterinarian, against rabies.
709.03 CONTROL REPORTS, OBSERVATIONS, EXAMINATIONS AND DISPOSITION
A. Veterinarians, owners or persons caring for an animal shall report to the Health
Commissioner all cases of rabid or suspected rabid animals. If no veterinarian is in
attendance of a rabid or suspected animal, the owner or person caring for the animal
shall immediately make the report to the Health Commissioner.
B. If there is any doubt as to the diagnosis, the attending veterinarian, owner or person
caring for the animal, shall, after the death of the animal, deliver to the laboratory of
the Ohio Department of Health or other recognized laboratory, the head of the
suspected rabid animal for examination and laboratory diagnosis.
C. The veterinarian, owner or person caring for the rabid or suspected rabid animal or
contact shall give the Health Commissioner all data pertaining to the animal. This
data shall include the name and addresses of all persons having been bitten or having
contact with the animals; names and addresses of the owners or persons caring for
animals bitten by or having contact with the rabid or suspected rabid animal; any
information regarding the possibility of infection; and any other pertinent information.
D. All rabid animals shall be destroyed by an acceptable humane method.
E. All suspected rabid animals, with the exception of stray, wild, exotic and feral
animals, shall be held in isolation under observation in a place suitable to the Health
Commissioner for a period of not less than ten days or more than one hundred eighty
days, in order to determine the development of observable clinical signs of rabies.
Whenever the Health Commissioner requires a veterinarian to observe or examine a
suspected rabid animal for symptoms of rabies, the veterinarian shall report the
result(s) of the observation, and conclusions reached, to the Health Commissioner
within 24 hours. The examination by a veterinarian shall be at the expense of the
owner.
F. If any animal dies before the quarantine period expires, the veterinarian, owner, or
person caring for the animal shall make arrangements with the Health Commissioner
to remove the head by an approved agency or individual and to submit the head of the
suspected rabid animal, for examination and laboratory diagnosis, to the Ohio
Department of Health laboratory or other recognized laboratory.
7
709.03 CONTROL REPORTS, OBSERVATIONS, EXAMINATIONS AND
DISPOSITION (CONT)
G. All animal contacts shall be destroyed by some suitable and acceptable
humane method or shall be held in quarantine for at least one hundred eighty
days, under observation, until observable clinical signs of rabies develop. This
quarantine shall be held in some place authorized by the Health
Commissioner, where no persons or susceptible animals can come in contact
with the possible rabid animal.
H. Any stray, wild, exotic, or feral animal, involved in an animal bite, must be
sacrificed immediately and the head submitted to the Ohio Department of
Health laboratory for analysis, except for the following:
1. For Mustela Putorius Furo (domestic ferret), shall be 10 days from the
bite.
a. The animal shall meet all conditions, as specified in Section
709.01 (S)(1), of this regulation.
I. All suspected rabid animals may be sacrificed if showing, to a limited degree,
observable clinical signs of rabies. The Health Commissioner shall determine if
the suspected rabid animal or animal contact should be destroyed and may
require all such animals to be examined by a licensed veterinarian at the
expense of the owner. The veterinarian shall report to the Health Commissioner
the results of the examination and conclusions reached within 24 hours.
J. The place of keeping and the premises where a rabid animal has been
quartered shall be cleaned and disinfected to the satisfaction of the Health
Commissioner.
K. Whenever a person is bitten by a susceptible animal, prompt report of such
bite shall be made to the Health Commissioner. The report herein required
shall be made by the physician attending the person bitten, or, if such person
is received at a hospital or other health care facility for treatment, the report
herein required shall be made by the person in charge of the hospital or health
care facility. This report shall include name, age and address of the person
bitten, the part of the body where the bite was inflicted, and if known, the
name and address of the owner or person caring for the animal inflicting the
bite. When a physician was not consulted or the person bitten was not taken
to a hospital or other health care facility, the report shall be made by the
person bitten or any other person who has knowledge of the facts.
11
709.03 CONTROL REPORTS, OBSERVATIONS, EXAMINATIONS AND DISPOSITION
(CONT)
L. Whenever a veterinarian is called upon to observe a susceptible animal that has
bitten a person, he shall promptly report the result of his observation to the Health
Commissioner. Any susceptible animal inflicting a bite on a person shall be placed in
isolation on the owner's premises or in a place deemed suitable by the Health
Commissioner until it is determined to the satisfaction of the Health Commissioner
that the animal is not affected with rabies. The isolation period shall not be less than
ten days from the day the person was bitten, and there shall be at least 2
observations made by a veterinarian or health department representative. A
veterinarian or health department representative shall make the final observation on
the tenth day of the isolation period whenever possible, except where the animal does
not have a current rabies vaccination. If the animal does not have a current rabies
vaccination, a licensed veterinarian must examine and vaccinate the animal as
specified in Section 709.02 (E).
M. When a report is made to the Health Commissioner of a person bitten by a susceptible
animal, the Health Commissioner shall notify the owner or a person caring for the
animal inflicting the bite that this animal shall be held in quarantine for at least 10
(ten) days from the date of the bite and that at least 2 (two) observations shall be
made by a veterinarian or a health department representative. The quarantine shall
remain in effect until final observation is made by a veterinarian or health department
representative. The place of quarantine may be, if suitable, the premises of the owner
or the person caring for the animal, a veterinary hospital, or an animal shelter
approved by the Health Commissioner. All susceptible animals held under such
quarantine shall be boarded and cared for at the expense of the owner or person
caring for the animal.
N. Any anti - rabies treatment given in Franklin County must be administered in
accordance with the recommendations of the U.S. Department of Health, Education
and Welfare Center for Disease Control.
7
709.04 IMMUNIZATION
A. Any person who owns, keeps or harbors dogs, cats or ferrets within the jurisdiction of
the Franklin County District Board of Health, shall have such dogs, cats or ferrets,
immunized or re- immunized against rabies by a licensed veterinarian in accordance
with recommendations in the current National Association of State Public Health
Veterinarians (NASPHV) Compendium of Animal Rabies Prevention and Control as
existing and herein after amended or any other method approved by the Health
Commissioner, provided that dogs, cats or ferrets need not be immunized before
reaching the age of three (3) months. Dogs, cats or ferrets entering this jurisdiction for
shows, exhibitions and /or breeding purposes shall not be allowed out of the owner's,
keeper's or handler's control unless properly immunized. All dogs, cats or ferrets
entering this jurisdiction for field trials, or any other purpose, shall be properly
immunized. Immunized dogs, cats or ferrets shall be accompanied by an immunization
certificate or certified acknowledgment by a veterinarian that the dog, cat or ferret has
been properly immunized.
B. All veterinarians immunizing or re- immunizing dogs, cats or ferrets against rabies
whose owner, keeper or harborer resides in the jurisdiction of the Franklin County
District Board of Health shall keep a record of such immunization or re- immunization
and shall, without delay, give to the owner, keeper or harborer of the dog, cat or ferret
immunized or re- immunized a certificate of immunization. The certificate of
immunization shall be made on the NASPHV Form 51 (Rabies Vaccination Certificate)
as existing and herein after amended or equivalent form as approved by the Health
Commissioner which shall include the rabies tag identification number prescribed in
709.04(C). The veterinarian shall also provide the information required on the rabies
vaccination certificate described in this Section to the Health Commissioner upon
request, and without delay.
C. All veterinarians who immunize or re- immunize a dog, cat or ferret against rabies
whose owner, keeper or harborer resides in the jurisdiction of the Franklin County
District Board of Health shall provide a rabies tag approved by the Health
Commissioner which shall have thereon permanently affixed the year the
immunization or re- immunization expires and the unique identification number. The
rabies tag identification number shall be recorded on the rabies vaccination certificate
prescribed in 709.04(B). Such rabies tag shall be displayed on the dog or cat. Ferrets,
however, are not required to wear or display a rabies tag. Animals that do not have
rabies tags displayed shall have a method or means approved by the Health
Commissioner that includes the rabies tag identification number on the rabies
vaccination certificate.
1.1
D. The rabies tags, described in 709.04(C), shall be provided to the veterinarians or
veterinary practice by the Health Commissioner. The veterinarians or veterinary
practice shall purchase such tags at a cost determined annually by the Board of
Health. A veterinarian may choose to charge and /or pass through such costs to the
person requesting the vaccination. Any tags purchased by a veterinarian or
veterinary practice and not distributed by said veterinarian or veterinary practice may
be returned to the Health Commissioner for credit towards future tag purchases. To
be eligible for credit, the veterinarian or veterinary practice shall return all non - issued
rabies tags to the Health Commissioner for reimbursement no later than December
thirty -first (31st) the following year. A reimbursement of costs for returned rabies
tags will be given in the event that a veterinarian or veterinary practice ceases to
operate or upon approval from the Health Commissioner. Rabies tags from the
current year and previous year only shall be eligible for credit or reimbursement.
E. Nothing in this regulation shall be interpreted to mean that dogs, cats or ferrets
immunized or re- immunized shall be allowed to run at large in violation of any law,
ordinance, regulation, or rabies quarantine.
709.05 WILD, EXOTIC, PROHIBITED, DANGEROUS AND FERAL ANIMALS
A. No person shall:
1. harbor, feed or sell wild, exotic, prohibited, dangerous, or feral animals
within the jurisdiction of the Franklin County District Board of Health;
2, import into the Franklin County District Board of Health jurisdiction any
such wild, exotic, prohibited, dangerous, or feral animals;
3. perform surgery or other techniques on a wild, exotic, prohibited, dangerous,
or feral animal for the purpose of domesticating it, such as but not limited to,
neutering, spaying, removing scent glands, or venom sacs. Mustela Putorius
Furo may be neutered, spayed or descented if all conditions of Section 709.01
(S)(1)(a -c) are met and
4. immunize wild animals against rabies.
B. This Section does not apply to the following exemptions and special provisions:
1. The term wild and exotic animal does not include pocket pets.
2. Wild and exotic animals held for exhibit or use by person, research
institutions, or governmental agencies having legal authority to possess wild
animals, publicly supported zoos, circuses, or extensions thereof.
C. Disposition of animals: In the event of a human exposure with any wild, exotic,
prohibited, dangerous or feral animal, the animal shall be impounded for sacrifice as
soon as possible, to permit laboratory examination for rabies.
01
709.06 UNCONSTITUTIONALITY CLAUSE
Should any section, paragraph, sentence, clause, or phrase of Regulation 709 of the Franklin
County District Board of Health Sanitary Regulations be declared unconstitutional or invalid
for any reason, the remainder of said regulation shall not be affected thereby.
709.07 PENALTIES
Each and every violation of the provision of this rule and regulation shall constitute a
separate offense. Violation of this rule and regulation is punishable by Section 3709.99 of
the Ohio Revised Code.
Amended 9 -08 -09
III]
FAaI J)M0: jYHDlND ll07:410VleaJ:410161D101014D1
1. Section 3701 -3 -02 of the Ohio Administrative Code requires all animal bites to be
reported to the local health department.
2. When a report of a bite is received, fill out the "Animal Bite" form as completely as
possible. Along with the type of animal, also get a description, i.e. long haired, brown
and white toy terrier. If the rabies tag number is available, make certain the
expiration date is obtained. Note the location the animal is being kept. Also note if
the bite occurred off the owner's premises. If the animal is at home, it must
quarantined. If it is going to the animal shelter, or if it was picked up by the Animal
Warden, the animal must stay confined at the shelter for the remainder of the
quarantine period. The owner will be charged the kennel fee established by the
Franklin County Department Animal Control. The animal will not be released until
permission is given by the health department, and is currently up to date on rabies
vaccination.
3. Stray Animals: if the whereabouts of the animal is not known, get as complete
description as possible. Fill out stray animal form and give to information officer.
This information is faxed to the media in order to get the information to the public. It
is the decision of the bitten party's physician as to the steps to be taken to ensure
their safety.
4. Animals on Home Quarantine sanitarians will fill out quarantine form with the
yellow copy going to Animal Control, the pink copy is attached to the animal bite form
and the white copy goes to the owner of the animal. If personal contact is not made
with the owner, the sanitarian must follow -up with a phone call.
5. At the end of confinement (10 days from the date of the bite), either a representative
of the health department or certified veterinarian must see the animal. Proof of rabies
vaccination must be obtained prior to release from quarantine. Animals may not
receive any vaccinations or medications during quarantine without permission of the
Health Commissioner. Should this occur, confinement time may be extended a
minimum of 30 days. The bitten party is to be notified that the determination that
the animal is free of rabies cannot be made.
6. If the animal does not have a current rabies vaccination, the owner is to be ordered to
take the animal to a veterinarian within 24 hours after the 10th day of the bite, for
examination and rabies vaccination. Note the veterinarian's name, address, and
telephone number, where the animal will be taken.
7. The sanitarian will call the bitten party after the animal is released from quarantine
and report the condition of the animal. If the bitten party's physician feels post -
exposure vaccination is indicated, the physician writes a prescription and can the
Franklin County Board of Health's Nursing Director. A purchase order is then
obtained from the Franklin County Commissioners. The rabies Immune Globulin and
Human Diploid Cell Vaccine is ordered and paid for by the County Commissioners.
The bitten party then brings in the prescription and picks up the Rabies Immune
Globulin and Human Diploid Cell Vaccine. This service is available to any resident of
11
Franklin County.
8. If the animal was sacrificed at the Franklin County Animal Shelter, the head is picked
up by the sanitarian. The sanitarian is to sign the Franklin County Department
Animal Control records. A lab slip is filled out and the head is taken to the Ohio
Department of Health Laboratory. (See Head Removal Procedure). After the brains
have been analyzed, the lab calls this department with the results and returns the
analysis form. The animal bite form is pulled, the results are recorded, and the bitten
party is notified with a phone call. The date and time of the phone call is recorded on
the animal bite form. The results are then logged into the computer. The animal bite
form is then placed in the permanent file under the owner's last name. If the animal
is a stray or wild, file card under the bitten party's name.
9. Any wild, feral, or exotic animals involved in a human bite must be sacrificed
immediately, and the head submitted to the lab for analysis.
10. If the animal demonstrates any clinical signs of rabies, (i.e. limping, rejection of food or
water, mood change, unexplained behavior changes, etc...) the animal should be
sacrificed for lab analysis. The bitten party is given recommendations to begin post -
exposure shots. Series can be stopped if analysis result is negative.
11. If the animal is killed or dies during quarantine, the brains must be submitted to the
lab for analysis. If the animal "disappears ", the bitten party must be notified and
advised to confer with their physician regarding post- exposure shots.
12. If the bitten party has been bitten by a bat, raccoon, opossum, fox or skunk, shots are
recommended to begin immediately, when the animal cannot be checked.
im
X 01J7 1J7 to) a1 61 A3 4Dl0W DUO Do :tol9 *yND1IYAHV lea 1L07:1A31DI-1
3701 -3 -28: REPORT OF BITE OF DOG OR OTHER ANIMAL
Whenever a person is bitten by a dog or other animal, report of such bite shall be made
within 24 (twenty -four) hours to the Health Commissioner of the district in which such bite
occurred. The report herein required shall be made in the same manner and by the same
persons made responsible for reporting diseases listed as Class A in Rule 3701 -3 -02, of the
Ohio Administrative Code, or by the person bitten.
3701 -3 -29: BITING ANIMAL TO BE CONFINED; VETERINARIAN TO REPORT
A. Biting dog or cat.
1. Whenever it is reported to the Health Commissioner of a health district that
any dog or cat has bitten a person, that dog or cat shall be quarantined under
an order issued by the Health Commissioner of the health district in which the
bite was inflicted. The dog or cat shall be quarantined by its owner or by a
harborer, or shall be quarantined in a pound or kennel. In all cases, said
quarantine shall be under the supervision of the Health Commissioner and
shall be at the expense of the owner or harborer. Quarantine shall continue
until the Health Commissioner of the health district in which the bite was
inflicted determines that the dog or cat is not afflicted with rabies. The
quarantine period hereby required shall not be less than 10 (ten) days from the
date on which the person was bitten. If any time during the quarantine the
Health Commissioner requires the dog or cat to be examined for symptoms of
rabies, then the examination shall be by a licensed doctor of veterinary
medicine (D.V.M. or V.M.D.). The veterinarian shall report to the Health
Commissioner the conclusions reached as a result of the examinations. The
examination by a veterinarian shall be at the expense of the owner or harborer.
No dog or cat shall be released from the required quarantine unless and until it
has been properly vaccinated against rabies.
2. If any quarantined dog or cat dies before the quarantine period expires, then
the head of the dog or cat shall be submitted to the Ohio Department of Health
Laboratories for rabies examination.
3. If the owner or harborer of the dog or cat is unknown, the Health
Commissioner may direct that the dog or cat be killed, in which case the head
of the dog or cat shall be submitted to the Ohio Department of Health
Laboratories for rabies examination.
1191
3701 -3 -29 BITING ANIMAL TO BE CONFINED; VETERINARIAN TO REPORT
(CONT)
B. Other biting animals.
1. Whenever it is reported to the Health Commissioner of the health district that
any other animal that is commonly know to transmit rabies has bitten a
person, the Health Commissioner, at his or her discretion, may direct the
immediate killing of said animal by a suitable humane method. The head of said
animal shall then be submitted to the Ohio Department of Health Laboratories
for rabies examination.
3701 -3 -30 REPORT OF SUSPECTED RABID ANIMAL
Any veterinarian or other person who examines, treats, owns, harbors, or otherwise cares for
any animal which exhibits symptoms or behavior suggestive of rabies, shall confine and
isolate such animal in suitable quarters and shall report such fact within twenty -four hours
to the health commissioner of the health district wherein such animal is confined. Such
animal shall be confined until it has been determined that it is not afflicted with rabies. If it
is determined that the animal is rabid, the health commissioner shall take such position as is
necessary to prevent the occurrence of rabies in persons or animals known or presumed to
have been exposed to such rabid animal.
iC!
FRANKLIN COUNTY BOARD OF HEALTH
Regulation 710
Housing Maintenance and Occupancy
This regulation shall be known and may be cited as the Housing Maintenance and
Occupancy Regulation of the Franklin County District Board of Health, hereinafter
referred to as "this regulation.°
GENERAL PROVISIONS
The following general provisions shall apply in the interpretation and enforcement
of this regulation.
Legislative Finding. It is hereby found that there exists and may in the future
exist, within the jurisdiction of the Franklin County Board of Health premises,
dwellings, dwelling units, resident and guest units (hotels, motels, dormitories, and
rooming houses) or parts thereof, which by reason of their structure, equipment,
sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the
public health (including the physical, mental, and social well -being of persons and
families), safety, and general welfare. To correct and prevent the existence of such
adverse conditions, and to achieve and maintain such levels of residential
environmental quality as will protect and promote public health, safety, and general
welfare, it is further found that the establishment and enforcement of minimum
housing standards are required.
Purpose. It is hereby declared that the purpose of this regulation is to protect,
preserve, and promote the physical and mental health and social well -being of the
people, to prevent and control the incidence of communicable diseases, to reduce
environmental hazards to health, to regulate privately and publicly owned dwellings for
the purpose of maintaining adequate sanitation and public health, and to protect the
safety of the people and to promote the general welfare by legislation which shall be
applicable to all dwellings now in existence or hereafter constructed. It is hereby
further declared that the purpose of this regulation is to insure that the quality of
housing is adequate for protection of public health, safety and general welfare,
including: establishment of minimum standards for basic equipment and facilities for
light, ventilation, and thermal conditions, for safety from fire and accidents, for the use
and location and amount of space for human occupancy, and for an adequate level of
maintenance; determination of the responsibilities of owners, operators and occupants
of dwellings; and provision for the administration and enforcement thereof.
GENERAL PROVISIONS
Scope. The provisions of this regulation shall apply uniformly to the construction,
maintenance, use and occupancy of all dwellings including temporary housing and
structures, where applicable, and shall apply uniformly to the alteration, repair,
equipment, use, occupancy and maintenance of all existing residential buildings and
structures, within the jurisdiction of the Franklin County District Board of Health
irrespective of when or under what code or codes such buildings or structures were
originally constructed or rehabilitated.
WA
710.01
All words contained in this regulation but not specifically defined in this section,
shall carry their customary meaning as set forth in a standard dictionary.
A. "Accessory Building or Structure" means a detached building or structure
in a secondary or subordinate capacity from the main or principal building
or structure on the same premises.
B. "Apartment" means a suite of rooms with sanitation facilities and with or
without cooking facilities, occupied as the home or residence of a single
family.
C. "Appropriate Authority" means that person within the governmental
structure of Franklin County who is charged with the administration of the
appropriate code or regulation.
D. "Approved" means passed upon favorably by the local or state authority
having such administration authority.
E. "Ashes" means the residue from the burning of combustible materials.
F. "Attic" means the space between the top of the ceiling framing of the top
habitable story, or any flooring over such framing, and the roof framing and
any walls constituting a part of the enclosure of said space.
G. `Basement' means that portion of a building which is partly underground
and which has one half or more of its ceiling height above the average
finished grade of the ground adjoining the building.
H. `Bath shall mean a bathtub or shower stall.
I. "Bedroom" shall mean a habitable room within a dwelling unit which is
used or intended to be used primarily for the purpose of sleeping but shall
not include any kitchen or dining room.
J. "Board of Health' means the Board of Health of the Franklin County
District Board of Health as created by the provisions of Section 3709.02 of
the Ohio Revised Code
K. `Building" means a structure built or used for the shelter, occupancy,
enclosure, or support of persons.
3
710.01 DEFINITIONS (CONT)
L. "Bulk Container" means any metal garbage, rubbish, and /or refuse
container having a capacity of one (1) cubic yard or greater and which is
equipped with fittings for hydraulic and /or mechanical emptying,
unloading, and /or removal.
M. "Cellar" means the portion of the building wholly below, or with less than
half its ceiling height above the average finished grade of the ground
adjoining the building.
N. "Central Heating System" means a single system supplying heat to one (1)
or more dwelling unit(s) or more than one (1) rooming unit.
O. "Chimney" means a vertical masonry shaft of reinforced concrete or other
approved noncombustible, heat - resisting material enclosing one (1) or more
flues, for the purpose of removing products of combustion from solid, liquid,
or gaseous fuel.
P. "Consideration' as used in Section 3732.01 of the Revised Code means
anything of value or of benefit to the operator.
Q. "Dilapidated" means no longer adequate for the purpose or use for which it
was originally intended.
R. "Dining Area" shall mean a habitable room used or intended to be used for
the purpose of eating but not for cooking or the preparation of meals.
S. "Dormitory" as applied to a building, means a building whose principal use
of accessory sleeping quarters is for nontransients.
T. "Dwelling" means any enclosed space wholly or partly used or intended to
be used for living, sleeping, cooking and eating; provided that temporary
housing as hereinafter defined shall not be classified as a dwelling.
Industrialized housing and modular construction which conform to the Ohio
standards and used or intended for use for living, sleeping, cooking, and
eating purposes shall be classified as dwellings.
U. "Dwelling House" means the house or apartment which is occupied by a
family as a place of residence.
V. "Dwelling Unit" means a room or group of rooms located within a dwelling
forming a single habitable unit with facilities used or intended to be used
by a single family for living, sleeping, cooking, and eating purposes.
W. "Egress" means an arrangement of exit facilities to assure a safe means of
exit from buildings.
rl
710.01 DEFINITIONS (CONT)
X. "Extermination" means the control and elimination of insects, rodents, or
other pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning, spraying,
fumigating, trapping, or by any other recognized and legal pest elimination
methods approved by the local or state authority having such administrative
authority.
Y. "Family" shall mean one or more individuals living together and sharing
common living, sleeping, cooking and eating facilities.
Z. "Garbage" means the animal and vegetable waste resulting from the
handling, preparation, cooking, serving and nonconsumption of food.
AA. "Grade" means the finished ground level adjacent to the building.
BB. "Guest' means an individual who stays in a guest unit in a nonpermanent
status for not more than thirty (30) days.
CC. "Guest Unit' means a room or group of rooms located within a guest facility
that is used primarily for sleeping purposes for which the owner, operator,
or agent of the owner receives consideration for its use.
DD. "Guest Facility" means a motel, hotel, or other structure which provides
guest units.
EE. "Habitable Room" means a room or enclosed floor space arranged for living,
cooking, eating, or sleeping purposes, but does not include a room used as a
bathroom, water closet compartment, laundry, pantry, foyer, hallway,
kitchenette, or other accessory floor space.
FF. "Health Commissioner" means the person occupying the office in the
Franklin County District Board of Health which is created by Section
3709.11 of the Ohio Revised Code, or his authorized representative.
GG. "Heated Water" shall mean water heated to a temperature of not less than
120 degrees fahrenheit at the outlet.
HH. "Heating Device" means all furnaces, unit heaters, domestic incinerators,
cooking and heating stoves and ranges, and other similar devices.
III. "Heating Equipment' shall mean any equipment designed, used, and
intended to be used to supply heat for a structure.
N
710.01 DEFINITIONS (CONT)
JJ. "Household" means one or more individuals living together in a single
dwelling unit and sharing common living, sleeping, cooking, and eating
facilities.
KK. "Infestation" means the presence within or around a dwelling of any
insects, rodents, or other pests.
LL. "Kitchen" means any room having a floor area of 60 square feet or more
used for the storage of foods, preparation of foods and containing the
following equipment: sink and /or other device for dishwashing, stove or
other device for cooking, refrigerator or other device for cool storage of food,
cabinets, and /or shelves for storage of equipment and utensils, and counter
or table for food preparation.
MM. "Kitchenette" means a small kitchen or an alcove containing cooking
facilities, which has a floor area of less than 60 square feet.
NN. "Lead -based Paint" means any paint containing more lead than the level
established by the U.S. Consumer Product Safety Commission as being the
"safe" level of lead in residential paint and paint products.
00. "Meaning of Certain Words" whenever the words "dwelling," "dwelling unit,
"rooming units," "premises," "structure" are used in the regulation they
shall be construed as though they were followed by the words `or any part
thereof" Words used in the singular include plural, and the plural the
singular, the masculine gender includes the feminine and the feminine the
masculine.
PP. "Multiple Dwelling" means any dwelling containing more than two (2)
dwelling units.
QQ. "Non- Dwelling Structure" shall mean any structure used or intended to be
used for the shelter or enclosure of any animal or property of any kind.
RR. "Occupant" means any individual, over one (1) year of age, living, sleeping,
cooking, or eating in or having possession of a dwelling unit or a rooming
unit; except that in dwelling units a guest shall not be considered an
occupant.
SS. "Operator" means any person who has charge, care, control, or
management of a building, or part thereof, in which dwelling units, guest
units, or rooming units are let.
710.01 DEFINITIONS (CONT)
TT. "Ordinary Summer Conditions" means a temperature 10 degrees fahrenheit
below the highest recorded temperature in the locality for the prior ten (10)
year period.
UU. "Ordinary Winter Conditions" means a temperature 15 degrees fahrenheit
above the lowest recorded temperature in the locality for the prior ten (10)
year period.
VV. Owner" means any person who alone, jointly, or severally with others:
1. shall have legal title to any premise, dwelling, or dwelling unit, with
or without accompanying actual possession thereof, or,
2. shall have charge, care, or control of any premise, dwelling, or
dwelling unit, as owner or agent of the owner, or an executor,
administrator, trustee, or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to
comply with the provisions of this regulation to the same extent as if
he were the owner.
WW. "Permissible Occupancy" means the maximum number of individuals
permitted to reside in a dwelling unit, rooming unit, or dormitory.
XX. "Person' means the state, any political subdivision, public or private
corporation, partnership, firm, association, individual, or other entity.
YY. "Plumbing" includes the practice, materials, and fixtures used in the
installation, maintenance, extension, and alteration of all piping, fixtures,
appliances, and appurtenances in connection with any of the following:
drainage systems, the vent systems, and the water - supply systems, within
or adjacent to any building, structure, or conveyance; also the practice and
materials used in the installation, maintenance, extension, or alteration of
the storm- water, liquid- waste, or drainage and water- supply systems of any
premises.
ZZ. "Potable Water" means water which is deemed satisfactory for drinking,
culinary, and domestic purposes by the Health Commissioner.
AAA. "Premises" means a platted lot or part thereof or unplatted lot or parcel of
land or plot of land, either occupied or unoccupied by any dwelling or non-
dwelling structure, and includes any such building, accessory structure or
other structure thereon.
7
710.01 DEFINITIONS (CONT)
BBB. "Privacy" means the existence of conditions which will permit an individual
or individuals to carry out an activity commenced without interruption or
interference, either by sight or sound by unwanted individuals.
CCC. "Properly Connected" means connected in accordance with all applicable
laws and regulations of this county as from time to time enforced; provided,
however, that the application of this definition shall not require the
alteration or replacement of any connection in good working order and not
constituting a hazard to life or health.
DDD. "Rat Harborage" means any condition or place where rats can live, nest, or
seek shelter.
EEE. "Ratproofing' means a form of construction which will prevent the ingress
or egress of rats to or from a given space or building, or from gaining access
to food, water, or harborage. It consists of the closing and keeping closed of
every opening in foundations, basements, cellars, exterior and interior
walls, ground or first floors, roofs, sidewalk grating, sidewalk openings, and
other methods, by the use of materials impervious to rat gnawing other
methods approved by the Health Commissioner or Local Building Authority.
FFF. "Refuse" means all putrescrible and nonputrescible solids (except body
wastes) including garbage, rubbish, ashes, and dead animals.
GGG. "Refuse Container" means a watertight container that is constructed of
metal, or other durable material impervious to rodents, that is capable of
being serviced without creating insanitary conditions, or such other
containers as have been approved by the Health Commissioner. Openings
into the container such as covers and doors shall be tight fitting.
HHH. "Roomer' shall mean an occupant of a rooming or dwelling unit who is not
family or owner.
III. "Rooming House" means any dwelling other than a hotel or motel or that
part of any dwelling, containing one (1) or more rooming units, in which
persons either individually or as families are housed with or without meals
provided.
JJJ. "Rooming Unit" means any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping, but not
for cooking purposes.
E:
710.01 DEFINITIONS (CONT)
KKK. "Rubbish" means nonputrescible solid wastes (excluding ashes) consisting
of either:
1. combustible wastes such as paper, cardboard, plastic containers,
yard clippings, and wood; or
2. noncombustible wastes such as tin cans, glass, and crockery.
LLL. "Safety" means the condition of being reasonably free from danger and
hazards which may cause accidents or disease.
MMM. "Space Heater" means self - contained, heating appliance of either the
convection type or the radiant type and intended primarily to heat only a
limited space or area such as one room or two adjoining rooms.
NNN. "Structure" means that which is built or constructed.
000. "Supplied" means paid for, furnished by, provided by, or under the control of
the owner, operator, or agent.
PPP. "Temporary Housing" means any tent, trailer, manufactured home or any
other structure used for human shelter which is designed to be
transportable and which is not attached to the ground, to another
structure, or to any utility system on the same premises for more than
thirty (30) consecutive days.
QQQ. "Toxic Substance" means any chemical product applied on the surface of or
incorporated into any structural or decorative material which constitutes a
potential hazard to human health at acute or chronic exposure levels.
UUU. "Variance" means a difference between that which is required or specified
and that which is permitted.
VVV. "Water Closet" (toilet) shall mean a bowl and trap made in one piece which
is of such shape and form and which holds a sufficient quantity of water so
that no human wastes will collect on the surface of the bowl and which is
equipped with flushing rims which permit the bowl to be properly flushed
and secured when water is discharged through the flushing rims.
710.02 STANDARDS FOR BASIC EQUIPMENT AND FACILITIES
No person shall occupy as owner- occupant, or permit another to occupy any dwelling or
dwelling unit, which does not comply with the following requirements:
A. Performance:
The intent of this section is to provide mechanical equipment and facilities forthe
building and its living units that will appropriately meet the needs of the intended
occupants and be of a quality and condition which will assure:
1. safety of operation,
2. adequate capacity for its intended use,
3. protection from moisture, corrosion or other destructive elements,
4. control of infestation,
5. reasonable quietness of operation, and
6. reasonable durability and economy of maintenance.
B. Kitchen:
Every dwelling unit shall have a room or portion of a room in which food may be
prepared and cooked, which shall be equipped with the following:
1. A kitchen sink in good working condition and properly connected to a water
supply system which provides at all times an adequate amount of heated
and unheated running potable water under pressure, and which is
connected to a sanitary sewer or individual sewage disposal system
approved by the Health Commissioner.
2. Cabinets and shelves for the storage of eating, drinking, and cooking
equipment and utensils and of food that does not under ordinary summer
conditions require refrigeration for safe keeping; and a counter or table for
food preparation; cabinets with shelving and counter and table space shall
be of sound construction furnished with surfaces that are easily cleanable
and that will not impart any toxic or deleterious effect to food.
3. A stove, with at least two burners with its heating element having either
gaseous, combustible liquid, or electrical source, for cooking food and a
refrigerator, or similar device for the safe storage of food at temperatures
less than 45 degrees fahrenheit but more than 32 degrees fahrenheit,
under ordinary maximum summer conditions; both of which are properly
installed with all necessary connections for safe, sanitary and efficient
operation. Sufficient space and adequate connections for the safe and
efficient installation and operation of said stove, refrigerator or similar
devices shall be provided by the owner. The stove and refrigerator or other
devices shall be the responsibility of the occupant only when he is the
owner or when their provision is so designated in an owner - renter contract.
In every case, the stove and refrigerator, or other device shall be provided.
iIt,
710.02 STANDARDS FOR BASIC EQUIPMENT AND FACILITIES (CONT)
C. Bathroom:
Within every dwelling unit there shall be a non - habitable room which affords
privacy to a person within that room and which is equipped with a water closet in
good working condition. The water closet shall be equipped with easily cleanable
surfaces, be connected to a water system that at all times provides an adequate
amount of running water under pressure to cause the water closed to be operated
properly, and shall be connected to a sanitary sewer or individual sewage disposal
system which is approved by the Health Commissioner. Within the bathroom,
artificial light shall be provided. Ventilation shall be provided either by natural
means in amounts as calculated for habitable rooms pursuant to Section
710.04(C) and not less than 1 and 1/2 square feet in size, or by mechanical
ventilation, or by gravity -type ventilation equipped with a wind - driven roof
ventilator above the roof level. Each dwelling unit shall have facilities for the safe
storage of drugs and household poisons.
D. Lavatory Sink:
Within every dwelling unit there shall be a lavatory sink. The lavatory sink may
be in the same room as the water closet, or, if located in another room, the
lavatory sink shall be located in close proximity to the door leading directly into
the room in which the water closet is located. The lavatory sink shall be in good
working condition and properly connected to a water supply which provides at all
times an adequate amount of heated and unheated running water under
pressure, and which is connected to a sanitary sewer or individual sewage
disposal system approved by the Health Commissioner.
E. Bathtub or Shower:
Within every dwelling unit there shall be a room which affords privacy to a person
within the room and which is equipped with a bathtub or shower in good working
condition. The bathtub or shower may be in the same room as the water closet or
in another room and shall be properly connected to a water supply which is
approved by the Health Commissioner and which provides at all times an
adequate amount of heated and unheated water under pressure, and which is
connected to a sanitary sewer or individual sewage disposal system approved by
the Health Commissioner.
F. Doors:
A door for each opening to a bathroom or toilet compartment shall be provided.
Doors to bathrooms and toilet compartments shall be hinged, sliding, or folding.
G. Egress:
Every dwelling unit shall have an approved unobstructed means of egress with
minimum head room of six (6) feet six (6) inches, leading to safe and open space
at ground level through hallways or stairways. Every dwelling unit in a multiple
dwelling shall have immediate unobstructed access to one (1) or more approved
means of egress from the structure with minimum head room of (6) feet six (6)
inches, leading to safe and open space at ground level through hallways, or as
required by the laws of this State and the local building authority.
11
710.01 STANDARDS FOR BASIC EQUIPMENT AND FACILITIES (CONT)
H. Private Access:
Access to or egress from each dwelling unit shall be provided without passing
through any other dwelling or dwelling unit.
I. Locks:
All exterior doors and windows of the dwelling or dwelling unit shall be equipped
with functioning locking devices.
J. Hallways:
Hallways shall provide safe and unobstructed circulation from room to room and
from living units to various means of exit.
K. Privacy:
A degree of privacy shall be provided commensurate with suitable living conditions
by means of the proper location of exterior openings, and by the interior
arrangement of rooms.
1. A bedroom shall not be used as the only means of access to another
habitable room or the only bathroom. This section shall apply only in all
cases where there is more than one bedroom in the dwelling.
2. Access to all parts of a living unit shall be possible without passing through
a public hall.
710.03 STANDARDS RELATING TO THE SAFE AND SANITARY MAINTENANCE
OF PARTS OF DWELLING AND DWELLING UNITS
No person shall occupy as owner - occupant, or permit another to occupy, any dwelling or
dwelling unit, for the purpose of living therein, which does not comply with the
provisions of this section.
A. Performance:
Any structure shall be of a quality and condition so as to provide:
1. sufficient structural strength and rigidity,
2. adequate protection from corrosion, decay, insects, and other destructive
forces,
3, necessary resistance to the elements,
4. reasonable durability and economy of maintenance, and
5. acceptable quality of workmanship.
B. Dwelling to be Water -tight and Weather - tight:
Every foundation, roof, and exterior wall, door, skylight, and window shall be
reasonably weather -tight and water -tight, and shall be kept in sound condition
and good repair.
MA
710.03 STANDARDS RELATING TO THE SAFE AND SANITARY MAINTENANCE
OF PARTS OF DWELLING AND DWELLING UNITS (CONT)
C. Painting Exterior Wood Surfaces:
All exterior wood surfaces, other than decay resistant woods, shall be protected
from the elements by paint or other protective covering or treatment that adheres
in all places.
D. Floors, Interior Walls and Ceilings:
Floors, interior walls and ceilings shall be sound and in good repair. All interior
walls and ceilings of rooms and hallways shall provide
1. a suitable base for decorative finish and
2. a waterproof and hard surface for spaces subject to moisture. There shall
not be noticeable surface irregularities or cracking so as to be a safety
hazard.
E. Toxic Paints are Prohibited on Interior Surfaces of Dwellings and Dwelling Units:
Toxic coatings, including those paints, lacquers, or any other coatings that
contain a higher level of lead than permitted in the Federal Government's Lead
Base Paint Poisoning Prevention Act, Public Law 91 -695 and any amendments
thereto, are prohibited.
F. Grading to Eliminate Water Seepage:
Every premise shall be graded, drained free of standing water, and maintained in
a clean, safe and sanitary condition. Grading shall be done to assure drainage
away from basement walls. Drainage provisions provided under this section shall
insure no adverse impact on adjacent properties.
G. Kitchen and Bathroom Floors:
Floors in kitchens and bathrooms shall be of a durable, waterproof, non- absorptive
material. Wood finish flooring that is evidenced not to be impervious for these
rooms is not acceptable and shall be covered with an impervious material.
H. Stairs and Porches:
Every inside and outside stair, every porch and every appurtenance thereto shall
be so constructed as to be safe to use and capable of supporting the load that
normal use may cause to be placed thereon, and shall be kept in sound condition
and good repair.
13
710.03 STANDARDS RELATING TO THE SAFE AND SANITARY MAINTENANCE
OF PARTS OF DWELLING AND DWELLING UNITS (CONT)
1. Structurally sound handrails shall be provided on any steps containing five
(5) risers or more. If steps exceed the rise specified in the Franklin County
Building Code, handrails shall be provided. If steps are not enclosed,
handrails and balusters which are spaced no more than six (6) inches
apart, shall be provided. Porches and balconies located more than three (3)
feet higher than any adjacent area shall have structurally sound protective
handrails thirty (30) to thirty -six (36) inches high and, if unenclosed,
balusters spaced no more than six (6) inches apart shall also be provided.
Alternate systems providing at least the same degree of protection, if
approved by the Housing Inspector, shall be acceptable.
I. Rain Carriers:
The owner of any dwelling shall be responsible for the installation and
maintenance of adequate rain carriers where such rain carriers are required by
the Building Code of the local building authority or where the absence thereof
creates a structural or health hazard.
J. Opening to be Insect and Rodent - Proof:
Every window, exterior door, and hatchway or similar devices, shall be insect and
rodent -proof and reasonably watertight and weathertight, and shall be kept in
working condition and good repair.
1. During that portion of the year when there is a need for protection
against mosquitoes, flies and other flying insects, every door opening
directly from a dwelling unit to outside space used or intended to be used
for ventilation (or where ventilation or cooling is not provided by mechanical
means) shall have supplied properly fitting screens having at least sixteen
(16) mesh; and every window or other device with openings to outdoor space
(exempting non- openable windows or where ventilatio or cooling is provided
by mechanical means) are used or intended to be used for ventilation, shall
be supplied with screens.
2. Every window located at or near ground level used or intended to be used
for ventilation, and every other opening located at or near ground level
which might provide an entry for rodents, shall be supplied with adequate
screen or such other devices as will effectively prevent their entrance.
K. Ratproofing:
Every dwelling, multiple dwelling, rooming house, accessory structure and the
premises on which located shall be kept free of sources of breeding, harborage,
and infestation by insects, vermin, or rodents.
iC!
710.03 STANDARDS RELATING TO THE SAFE AND SANITARY MAINTENANCE
OF PARTS OF DWELLING AND DWELLING UNITS (CONT)
1. All openings in the exterior walls, foundations, basements, ground or first
floors and roofs which have a half -inch diameter or more opening shall be
ratproofed in an approved manner if they are within forty -eight (48) inches
of the existing exterior ground level immediately below such openings, or if
they may be reached by rats from the ground by climbing unguarded pipes,
wires, stairs, roofs, and other items such as trees or vines or by burrowing.
2. Skirting, latice, or other non - ratproofed enclosures creating a possible rat
harborage under a porch or any portions of a building shall be ratproofed at
all locations where a rat could find, burrow, or gnaw an access opening.
3. All doors shall be constructed so that the space between the lower edge of
the door and the threshold shall not exceed three - eights (3/8) inch,
provided further that the space between sections of folding and sliding
doors when closed shall not exceed three- eights (3/8) inch.
4. Interior floors of basements, cellars and other areas in contact with the soil
shall be paved with concrete or other rat - impervious material such as to
prevent rodent access to the interior.
5. In areas of heavy rat infestation, the Health Commissioner may require
that the lower eight (8) inches of wooden exterior door be covered with an
impregnable material. Metal shall be formed into a cuff and channel so
that no wood edges are exposed and so that all exposed metal edges are
rolled or folded to eliminate any hazard; an alternate method shall be
acceptable if it is equally ratproof. Bolts for attaching sheetmetal to the
door shall not project more than one - sixteenth (1/16) inch beyond the
fastening nuts.
6. In areas of heavy rat infestation, the Health Commissioner may require
that every exterior door be equipped with an automatic closing device, or
with a screen door which shall be equipped with such a device and shall be
fitted as specified above.
7. In areas of heavy rat infestation, all window openings or other lighting or
ventilating openings below grade, or within forty -eight (48) inches above
ground level, or otherwise accessible to rats, may be required by the Health
Commissioner to be ratproofed in an approved manner by an impregnable
material attached to sturdy frames and so fabricated that no exposed wood
is accessible for gnawing.
iN
710.03 STANDARDS RELATING TO THE SAFE AND SANITARY MAINTENANCE
OF PARTS OF DWELLING AND DWELLING UNITS (CONT)
8. Openings for outside stairways, elevator shafts, coal holes, etc., below
grade shall be provided with tight fitting metal covers and frames flashed
with twenty -four (24) gauge galvanized sheet metal or other approved
materials unless they are of the open type, and, in this case, they shall
have the door or window opening in the foundation protected as required
above for doors or window openings. Walls of such portions of any structure
shall be ratproof material.
9. All sewers, pipes, drains, or conduits through which rats may pass shall be
closed with a properly secured device designed to allow water to pass
through but to prevent the access of rats.
10. All openings for pipes, conduits, and other utility services accessible to rats
shall be closed solidly for the full thickness of the wall, floor, roof, etc.,
with an approved ratproof material or fitted with a collar or shield, securely
fastened to the wall, roof, or floor, of not less than twenty -four (24) gauge
galvanized sheet metal or other approved material, extending at least three
(3) inches beyond all sides of the opening.
11. Skylights shall be designed to fit tightly and shall be constructed of
approved ratproof materials. Adjustable skylights which may be opened
shall be screened with hardware cloth or expanded metal.
12. Roof ventilators, chimneys, pipe vents, downspouts, etc., shall be protected
against entry with an impregnable material or other acceptable ratproof
material.
13. The owner, agent, or occupant in charge of all ratproofed buildings or
structures shall maintain them in a ratproofed condition and repair all
breaks or leaks that may occur in the ratproofing.
14. It shall be unlawful for the owner, occupant, contractor, public utility
company, plumber, or other person, to remove the ratproofing from any
building or structure for any purpose and fail to restore the same in
satisfactory condition, or to make any new openings that are not closed or
sealed against the entrance of rats or other rodents.
15. Whenever the conditions of a building or structure provide such extensive
harborage for rats that the Health Commissioner deems it necessary to
eliminate such harborage, the owner in charge of any such building or
structure may be required to install suitable cement floors in basements, or
correct such rat harborage as may be necessary in order to facilitate the
eradication of rats and other rodents.
16. After extermination, all of the rat holes or burrows in the ground shall be
eliminated or filled with earth or other suitable material.
`I
710.03 STANDARDS RELATING TO THE SAFE AND SANITARY MAINTENANCE
OF PARTS OF DWELLING AND DWELLING UNITS (CONT.)
L. Fences:
All fences provided by the owner or agent on the premises and /or all fences
erected or caused to be erected by an occupant shall be constructed of
manufactured metal fencing material, wood, masonry, or other inert materials.
Such fences shall be maintained in good condition. Wood materials shall be
protected against decay by use of paint or other preservative unless the wood has
such natural properties. Gates that swing away from the premises shall not
swing into a public walkway or driveway when fully opened.
M. Accessory Structure:
Accessory structures shall be structurally sound, and be maintained in good
repair and free of insects and rodents, or such structures shall be removed from
the premises. The exterior of such structures shall be made weather resistant
through the use of decay resistant materials or the use of paint or other
preservatives.
N. Discontinued of Utilities is Prohibited
No owner, operator, or occupant shall cause any service, facility, equipment or
utility which is required under this Regulation to be removed from or shut off
from or discontinued for any occupied dwelling or dwelling unit let or occupied by
him, except for such temporary interruption as may be necessary while actual
repairs or alterations are in process, or for temporary discontinuance of service as
approved by the appropriate authority.
O. Conformance of Means of Egress
All construction and materials, ways and means of egress, and installation and
use of equipment shall conform with the appropriate statutes, ordinances, and
regulations dealing with fire protection of the applicable fire district and the State
of Ohio.
P. Flashing:
All critical joints in exterior roof and wall construction shall be protected by sheet
metal or other suitable flashing material to prevent the entrance of water.
710.04 LIGHT AND VENTILATION
No person shall occupy as owner - occupant, or permit another to occupy, any dwelling
unit, for the purpose of living therein, which does not comply with the provisions of this
section.
17
710.04 LIGHT AND VENTILATION (CONT)
A. Performance:
The intent of this section is to provide a healthful environment and an acceptable
degree of comfort within all rooms and hallways of the dwelling, by having
sufficient light and ventilation and by the provision of natural ventilation of
structural spaces to minimize conditions conducive to decay and deterioration.
B. Natural Light:
All habitable rooms, except kitchens and lofts shall have natural light provided by
means of windows, glazed doors or skylights. These translucent openings shall
transmit light to the interior of the room in the daylight hours in an intensity of
at least ten (10) footcandles into the center of the room.
C. Openable Window Area:
Every habitable room shall have window space or skylight equaling 1 /10 of the
floor space of the room, facing directly outdoors which can be opened easily, or
such other device as will ventilate the room adequately, provided that if
connected to a room or area used seasonally then adequate ventilation must be
possible through this inter- connection. The total of openable window or skylight
are in every habitable room shall be equal to at least forty-five (45) percent of
minimum window area size or minimum skylight type window size except where
there is supplied some other device affording adequate ventilation and approved
by the Health Commissioner.
D. Light in Non - Habitable Rooms:
Every bathroom and water closet compartment, and non - habitable room used for
food preparation, shall comply with the light and ventilation requirement for
habitable rooms contained in Section 710.04(B) and 710.04(C) except that no
window or skylight shall be required in such rooms if they are equipped with a
ventilation system in working condition, which is approved by the Health
Commissioner.
E. Electricity Requirements:
If there is usable electric service readily available from power lines which are not
more than three hundred (300) feet away from a dwelling, every dwelling unit and
all public and common areas shall be supplied with electric service, outlets, and
fixtures that are installed properly, maintained in good and safe working
condition, and connected to a source of electric power as approved by the local
building authority. The minimum number of outlets and fixtures and the
minimum capacity of such services shall be as follows:
1. Every habitable room, and non - habitable room used for food preparation,
shall have at least (1) floor or wall-type electric convenience outlet for each
sixty (60) square feet or fraction thereof of total floor area, and in no case
less than two (2) such outlets.
0.1
710.04 LIGHT AND VENTILATION (CONT)
2. Every water closet compartment, bathroom, kitchen or kitchenette, laundry
room, furnace room, and public hall shall contain at least one (1) supplied
ceiling or wall -type electric light fixture.
3. All electric lights and outlets in bathrooms shall be controlled by switches
which are of such design as shall minimize the danger of electric shock,
and such lights and outlets shall be installed and maintained in such
conditionas to minimize the danger of electrical shock.
4. Convenient switches or equivalent devices for turning on one light at each
stairway or passageway shall be located so as to permit the area ahead to
be lighted.
5. Every outlet and fixture shall be properly installed, shall be maintained in
good and safe working condition, and shall be connected to a source of
electric power.
F. Lighting of Public Areas:
Every public hall and stairway in every multiple dwelling containing two or more
dwelling units shall be adequately lighted at all times. Said lighting system may
be supplied with conveniently located light switches, controlling adequate light
which may be turned on when needed, instead of full-time lighting. On dwelling
units supplied with porches, stoops, or other appurtenances used in the manner
of porches and stoops, there shall be supplied a conveniently located light fixture,
emitting adequate light, and in proper working order.
G. Maintenance of Electrical Wiring:
Electric wiring and facilities shall be maintained in a good and safe state of repair
observing the following requirements:
1. Every exposed electric wire shall have insulation which is in good condition.
2. Every switch plate and outlet plate shall be properly fastened in place.
3. No short circuit or break shall exist in any electric line.
4. Every fixture and outlet shall function properly and should be properly
fastened in place.
5. No obvious shock hazard shall exist.
W,
710.04 LIGHT AND VENTILATION (CONT)
6. No temporary wiring shall be used, except extension cords which run
directly from portable electric fixtures to convenience outlets and which do
not lie underneath floor covering materials or extend through doorways,
transoms, or other similar apertures through structural elements and shall
not be permanently fastened in place or used as permanent wiring.
7. Unless otherwise designated and approved for safe operation, no duplex
outlet shall serve more than two fixtures or appliances.
H. Ventilation of Utility Spaces:
Utility spaces which contain heat producing, air conditioning and other equipment
shall be ventilated to the outer air, and air from such spaces shall not be
recirculated to other parts of the dwelling.
I. Ventilation of Structural Spaces:
Natural ventilation of spaces such as attics and enclosed basementless spaces
shall be provided with openings of sufficient size to overcome dampness and
minimize the effect of conditions conducive to decay and deterioration of the
structure, and to prevent excessive heat above the temperature of 107 degrees
fahrenheit in attics, or so as to be a safety hazard.
710.05 THERMAL STANDARDS
No person shall occupy as owner- occupant, or permit another to occupy, any dwelling or
dwelling unit, for the purpose of living therein, which does not meet the provisions of
this section.
A. Performance
The intent of this section is to provide a thermal environment which will avoid
undue heat loss from the body. A circulation system which shall be conducive to
preventing unnecessary excessive heat from accumulating within dwellings shall
be provided to minimize the danger of heat prostration, exhaustion, and stroke.
Mechanical equipment installed to serve such purposes shall be of a quality and
condition to assure:
1. safety of operation,
2, adequate capacity for its intended use,
3. protection from moisture,
4. reasonable quietness of operation, and reasonable durability and economy
of maintenance.
Oki,
710.05 THERMAL STANDARDS (CONT)
B. Heating Facilities Required:
Every dwelling shall be provided with a centralized heating facility, or appropriate
and sufficient individual space heaters, capable of maintaining a temperature of
at least 70 plus or minus degrees fahrenheit under ordinary winter conditions, in
all habitable rooms, bath and toilet rooms, hallways, basement and recreation
rooms when they are used as habitable rooms. All heating devices or equipment
shall be vented in a manner allowing for the by- products of combustion to rise 45
degrees to 90 degrees fahrenheit in all places and shall have an appropriate
recognized approval for safety and performance, or shall so be determined by the
Housing Inspector. All moving parts of such devices or equipment shall operate
with reasonable quietness.
C. Unvented Space Heaters:
Unvented space heaters shall be prohibited except for the use of unvented
kerosene heaters. The storage of the fuel for such heaters shall comply with the
following in accordance with Section 1301:7 -5 -16 "Safe use of unvented kerosene
heaters" of the Ohio Fire Code.
1. GENERAL PROVISIONS
a. No unvented kerosene heaters shall be located in any building
without means of egress. For the purpose of this rule, "means of
egress" has the same meaning as defined in the "Ohio Fire Code,"
i.e., a continuous and unobstructed path of travel from any point in a
building or structure to a public way, comprising all vertical and
horizontal means of travel and including intervening room spaces,
doors, hallways, corridors, passageways, balconies, ramps, stairs,
enclosures, lobbies, escalators, and exits.
b. No unvented kerosene heaters shall be elevated by being placed upon
a stand or otherwise placed or suspended above the floor.
C. No unvented kerosene heater shall be placed within three feet of any
furniture, drapery, curtain, decorative materials, accessory,
appliance, equipment, merchandise, goods, or fixture, or any other
thing which is or may be combustible.
d. No unvented kerosene heater shall be left unattended while it is
operating.
C. Every unvented kerosene heater shall be set and centered upon a
non - combustible mat or shallow base, the dimensions of which shall
be sufficient to allow at least three feet of the mat or base to extend
outward in any direction from any part of the unvented kerosene
heater.
21
710.03 THERMAL STANDARDS (CONT)
f. Every unvented kerosene heater shall be used in an area where
there is adequate ventilation, as recommended by the manufacturer
of such heater.
g. No unvented kerosene heater shall be fueled or refueled while it is
operating or within ten minutes of flame extinguishment, or contrary
to the instructions of its manufacturer.
h. No unvented kerosene heater or its fuel reservoir shall be fueled or
refueled inside a building. All such fueling operations shall be
performed outdoors.
i. Every unvented kerosene heater shall be fueled or refueled strictly
in accordance with the instructions of its manufacturer.
j. The fuel used in every unvented kerosene heater shall be only No. 1-
K kerosene, as prescribed in Section 1301:7 -5 -15 of the Ohio Fire
Code.
k. The fuel used in every unvented kerosene heater shall be stored
away from occupied areas and in an approved container which shall
be marked or labeled in a conspicuous manner to read: °1 -K
KEROSENE."
1. At least one fire extinguisher with a minimum 2 -A, 20 -B:C
rating and capacity shall be provided and available for use
within twenty -five feet of every unvented kerosene heater
during its operation.
2. MANUFACTURERS INSTRUCTIONS
a. Manufacturers Instructions for using kerosene heaters will be
completed in accordance with Section 1301:6 -5 -17 of the Ohio Fire
Code.
D. Clearance for Vented Space Heaters:
Unless otherwise allowed per the following, a clearance of at least twenty -four
(24) inches for the rear and sides and at least twenty -four (24) inches for the top
and front of all vented room or space heaters shall be required.
A vented room or space heater may be placed closer than the twenty -four (24)
inches minimum clearance if it still meets the minimum clearance required by
the manufacturer or meets requirements specified in the manufacturer's
instructions or meets requirements set forth by the fire authority having
jurisdiction.
►I:
710.06 OCCUPANCY STANDARDS
No persons shall occupy as owner- occupant, or permit another to occupy any dwelling or
dwelling unit for the purpose of living therein, which does not comply with the provisions
of this section.
A. Performance:
Each living unit should have the space necessary to provide suitable living,
sleeping, cooking, and dining accomodations, storage and sanitary facilities and to
provide space of such size and dimension so as to permit placement of furniture
and essential equipment.
B. Floor Space Required:
The maximum occupancy of any dwelling unit shall be:
1. For the first occupant, one hundred forty (140) square feet of floor space,
and for every additional occupant thereof at least one hundred (100) square
feet of floor space is required. The floor space is calculated on the basis of
total habitable rooms.
2. Floor area with less than four (4) feet clear headroom shall not be included
in determination of room area.
3. In every dwelling unit of two (2) or more rooms, every room occupied for
sleeping purposes shall contain at least seventy (70) square feet of floor
space for each additional occupant thereof.
C. Height of Rooms:
The ceiling height of any habitable room shall be at least seven (7) feet; except
that in any habitable room under a sloping ceiling, at least one -half of the floor
area shall have a ceiling height of at least seven (7) feet, and the floor area of
that part of such a room where the ceiling height is less than four (4) feet shall
not be considered as part of the floor area in computing the total floor area of the
room for the purpose of determining the maximum permissible occupancy.
D. Basement or Cellar Occupancy:
No basement or cellar space shall be used as a habitable room or dwelling unit or
rooming unit unless it meets all standards thereof as set forth in the Housing
Maintenance and Occupancy Regulation unless approved by the Health
Commissioner in writing and unless:
1. The floor and walls are impervious to leakage or seepage of underground
water and surface water and are well drained and protected against
dampness.
23
710.06 OCCUPANCY STANDARDS (CONT)
2. A room that is located partly or totally below grade and is used as a
habitable room of a dwelling or dwelling unit, shall be provided with natural
light by windows are required in the Light and Ventilation Section. If such
room is intended to be used for sleeping purposes, at least one window
shall be openable from the inside and shall be accessible to be easily and
readily used as an emergency exit. Such openable window shall have a
minimum net clear opening of 5.7 square feet; the minimum height
measured from the top of the sill to the bottom of the head of the window
frame shall be not less than twenty four (24) inches; the minimum clear
opening shall be no less than twenty (20) inches in width; and the
minimum height of the finished sill shall be not more than forty eight (48)
inches above the floor. If the window, or any part of it, is located below
grade, an excavation shall be made, on the exterior side of the window,
that shall extend at least from a level located at least 6 inches below the
bottom of the top of the finished sill to grade level. Such excavation shall
extend at least thirty six (36) inches on each side of the window. If the top
of the window still is forty eight (48) inches or more below grade, a stairway
or set of steps shall be provided to serve as an emergency exit to grade. A
door leading directly to the outside and providing an exit at grade level,
from the habitable room located below grade may be used in lieu of the
specified window.
3. Each habitable room so used is separated from the heating equipment,
incinerators, or other equally hazardous equipment by a standard partition
of one hour fire resistance. If the basement or cellar contains a bedroom,
any solid, liquid, or gaseous fuel - consuming heating equipment that may be
located therein shall be completely enclosed by fireproof partitions.
4. Access is provided to each room used as a habitable room without passage
through a furnace room or sleeping room.
5. There are no pipes, ducts or other obstructions less than six (6) feet and
eight (8) inches above the floor level which interfere with normal use of the
room or area.
E. Bathroom Shall Not be Passageway:
A bathroom or water closet compartment shall not be used as the only passage to
any habitable room, hall, basement or cellar or to the exterior of the dwelling
unit.
►z1
710.06 OCCUPANCY STANDARDS (CONT)
F. Closets:
Every dwelling units shall have at least four (4) square feet of floor -to- ceiling
height closet space for each permissible occupant; except if it is lacking in whole
or in part, an amount of space equal in square footage to the deficiency shall be
subtracted from the area of habitable room space used in determining permissible
occupancy.
G. Sleeping Room Doorways:
All sleeping room doorways shall be supplied with proper fitting doors which are in
good repair and are capable of being opened and closed.
710.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS
No person shall occupy as owner- occupant, or permit another to occupy any dwelling or
dwelling unit, without complying with the following requirements:
A. Performance:
Every owner and /or occupant shall maintain a safe, clean, sanitary environment
in all rooms used for the purposes of living. This includes but is not limited to
rooms used for cooking, eating, sleeping, storage, and bathrooms, water closet
compartments, foyers, basements or other areas determined by the Health
Commissioner to be a part of the dwelling.
B. Responsibilities of Owners:
1. No owner or operator shall occupy or permit another person to occupy any
dwelling unless the dwelling and premises are clean, safe, sanitary, fit for
human habitation, and are in compliance with the health and housing
codes of the State of Ohio and Franklin County. In the case of fire hazards,
the health inspector will consult with the local fire authority.
2. Every owner of a dwelling containing two (2) or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas of the
dwelling and premises thereof.
3. Every owner of a dwelling containing three (3) or more dwelling units shall
supply facilities or refuse containers for the sanitary and safe storage and
disposal of rubbish and garbage. In the case of single or two (2) family
dwellings, it shall be the responsibility of the occupant to furnish such
facilities or refuse containers. Rat - proof, insect - proof, water -tight refuse
containers shall be used for storage pending collection.
Oki
710.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS (CONT)
4. The owner of a dwelling unit shall be responsible for providing and hanging
all screens and or storm doors and windows whenever the same are
required under the provisions of this regulation or any rule or regulation
adopted pursuant thereto, except where there is a written agreement,
maintenance or replacement of screens, storm doors and windows, once
installed in any one (1) season during the period of tenancy become the
responsibility of the occupant.
5. No owner of a dwelling containing three (3) or more dwelling units shall
accumulate or permit the accumulation of rubbish, boxes, lumber, scrap
metal, or any other materials in such a manner that may provide a rat
harborage in or about the shared or public areas of a dwelling or its
premises. Materials stored by the owner or permitted to be stored by the
owner shall be stacked neatly in piles elevated at least twelve (12) inches
above the ground or floor.
6. In every dwelling unit or rooming unit when the control of the supplied heat
is the responsibility of an owner or operator, a temperature of at least 70
degrees fahrenheit shall be capable of being maintained in all habitable
rooms, bathrooms, and water closet compartments at a distance of eighteen
(18) inches above the floor level.
7. No owner or occupant of a dwelling shall store or cause to be stored
anything that may serve as food or sustenance for rats in any place which
may be accessible to rats.
8. Every owner shall be responsible for providing facilities for the removal of
sewage from the premises, and the same shall comply with the provisions of
this regulation.
9. Every owner shall be responsible for the equipment for electrical and water
service, including sinks and bathtub or shower, to the dwelling unit.
10. Any landlord and tenant may enter into an agreement in writing whereby
the tenant is to perform repairs, maintenance, alteration and other such
acts or remodeling if
a. the agreement of the landlord and tenant is entered into in good
faith and is not for the purpose of evading the obligations of the
landlord and
0"
710.06 RESPONSIBILITIES OF OWNERS AND OCCUPANTS (CONT)
b. the agreement is not for the purpose of avoiding or evading any
obligations set forth in this Regulation and does not diminish the
obligations of the landlord to other tenants. Any such agreement
shall clearly and prominently disclose the consideration exchanged
for such an agreement.
11. No owner or occupant shall apply a lead -based paint to any surface in any
dwelling, dwelling unit, rooming house, rooming unit, guest facility, or
guest unit, pursuant to the Federal Government's Lead Base Paint
Poisoning Prevention Act, Public Law 91 -695 and any amendments thereto.
12. Every gas pipe shall be sound and tightly put together with no leaks.
13. No gas pipe shall be so corroded or obstructed so as to reduce gas pressure
or volume.
14. Every gas appliance shall be connected to a gas line with approved metal
piping.
15. Gas pressure shall be adequate to permit a proper flow of gas from all open
gas valves at all times.
C. Responsibilities of Occupant:
1. Every occupant of a dwelling or dwelling unit shall maintain in a clean,
safe, and sanitary condition that part or those parts of the dwelling,
dwelling unit and premises thereof that he occupies and controls.
2. Every occupant of a dwelling or dwelling unit shall store and dispose of all
his rubbish in a clean, sanitary and safe manner.
3. Every occupant of a dwelling or dwelling unit shall store and dispose of all
his garbage and any other organic waste which might provide food for
insects or rats, in a clean, sanitary and safe manner.
4. Every occupant of a dwelling containing a single dwelling unit shall be
responsible for the extermination of insects on the premises; and every
occupant of a dwelling unit in a dwelling containing more than one (1)
dwelling unit shall be responsible for such extermination whenever his
dwelling unit is the only one infested. Notwithstanding, the foregoing
provision of this subsection, whenever infestation is caused by failure of the
owner to maintain a dwelling in a ratproof or reasonable insect -proof
condition, extermination shall be the responsibility of the owner. Whenever
infestation exists in ten percent (10°/� of the units of any structure
containing two (2) or more units, elimination of such infestation shall be
the responsibility of the owner.
27
710.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS (CONT)
5. No occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes,
lumber, scrap metal, or any other materials in such a manner that may
provide a rat harborage in or about any dwelling or dwelling unit. Such
materials that may provide rat harborage shall be stacked neatly in piles
elevated at least twelve (12) inches above the ground or floor.
6. Every occupant of a dwelling unit shall keep all appliances and other such
equipment and facilities clean and sanitary, and shall be responsible for
maintaining such equipment in the same condition as such equipment was
in at the beginning of any rental agreement, normal wear and tear
excepted, and shall be responsible for the exercise of all due care in the
proper use and operation thereof, and shall only use such appliances and
equipment for the use so intended.
7. No drugs and household poisons shall be stored in any unlocked storage
facility fewer than four feet from the floor.
710.08 ENFORCEMENT PROCEDURES
A. Contents of Notice of Violation:
Whenever the Health Commissioner or his designated representative determines
that any structure, dwelling, dwelling unit, rooming house or rooming unit, guest
facility or guest unit, or the premises surrounding any of these, fails to meet the
requirements set forth in this regulation or in applicable rules and regulations
adopted pursuant thereto, he shall issue a notice setting forth the alleged
failures, and advising the owner, occupant, operator, or agent that such failures
must be corrected. This notice shall:
1. Be in writing.
2. Set forth the alleged violations of this regulation or of applicable rules and
regulations issued pursuant thereto.
3. Provide a reasonable time, not to exceed thirty days for violations on the
interior of structures, for the correction of any violation alleged.
4. Be served upon the owner, occupant, operator, or agent personally, or by
first class, or by registered mail, return receipt requested, addressed to
the last known place of residence of the owner, occupant, operator, or
agent. If one or more persons to whom such notice is addressed cannot be
found after diligent effort to do so after fourteen (14) days, service may be
made upon such person or persons by posting a notice in or about the
location described in the notice and forwarding a copy of said notice by first
class mail.
►1.
710.08 ENFORCEMENT PROCEDURES (CONT)
B. Reinspection:
At the end of the period of time allowed for the correction of any violation alleged,
or upon request, the Health Commissioner or his designated representative shall
reinspect the location described in the notice.
C. Action Upon Reinspection:
If upon reinspection the violation alleged are determined by the Health
Commissioner not to have been corrected, he shall issue a second notice of
violation which shall constitute an order requiring that the then existing failures
to meet the requirements of this regulation or of applicable existing rules or
regulation issued pursuant thereto, shall be corrected within a reasonable time
allowed, but not to exceed thirty days after the date of such reinspection, if the
person aggrieved did not request a reconsideration or petition for a hearing on the
matter prior to the date of the reinspection. At the end of the time allocated for
corrective actions, if violations still exist, penalties or other appropriate
enforcement actions may be taken by the Health Commissioner as prescribed by
this regulation.
D. Serving of Second Notice:
The Health Commissioner shall cause a copy of the second notice to be sent by
registered mail to the last known address of the owner or operator of such
structure and shall also post or place in or about such structures a public notice,
which constitutes constructive notice to the owner and operator of such violation.
E. Transferees Liable:
All subsequent transferees of title and /or deed of the dwelling, dwelling unit,
rooming house, rooming unit, guest facility, or guest unit in connection with
which a second notice has been so recorded shall be deemed to have notice of the
continuing existence of the violations alleged, and shall be liable to all penalties
and procedures provided by this regulation and by applicable regulations issued
pursuant thereto. The sale of the building shall not stay the abatement of the
order to repair.
F. Emergency Conditions:
Whenever the Health Commissioner finds that an emergency exists which
requires immediate action to protect the public health, he may, without notice of
hearing, issue an order reciting the existence of such an emergency and
requiring that such action be taken as he deems necessary to meet the
emergency. Notwithstanding the other provisions of this regulation, such order
shall be effective immediately.
710.08 ENFORCEMENT PROCEDURES (CONT)
Any persons to whom such order is directed shall comply therewith immediately,
but upon petition to the Health Commissioner shall be afforded a hearing as soon
as possible. After such hearing, depending upon his findings as to whether the
provisions of this regulation and of the applicable regulations adopted pursuant
thereto have been complied with, the Health Commissioner shall continue such
order in effect, or modify it, or revoke it.
710.09 APPEALS TO THE REQUIREMENTS OF THE HOUSING MAINTENANCE
AND OCCUPANCY REGULATION
A. Any persons affected by any notice which has been issued in connection with the
enforcement of any provision of this regulation, or of any rule or regulation
adopted pursuant thereto, may request and shall be granted a hearing on the
matter before the Health Commissioner, provided that such person shall file in
the office of the Health Commissioner a written petition requesting such hearing
and setting forth a brief statement of the grounds therefore within ten (10) days
after the day the notice was served. Upon receipt of such petition, the Health
Commissioner shall set a time and place for such hearing and shall give the
petitioner written notice thereof At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified or
withdrawn. The hearing shall be commenced not later than ten (10) days after
the date on which the petition was filed; provided that upon application of the
petitioner the Health Commissioner may postpone the date of the hearing for a
reasonable time beyond such ten (10) day period if in his judgement the petitioner
has submitted a good and sufficient reason for such postponement. After such
hearing the petitioner may be granted a hearing before the Board of Health at
their next regular meeting if such request is submitted in writing within five (5)
days of said hearing with the Health Commissioner.
B. After such hearing the Health Commissioner shall sustain, modify, or withdraw
the notice, depending upon his findings as to whether the provisions of this
regulation and the rules and regulations adopted pursuant thereto have been
complied with. If the Health Commissioner sustains or modified such notice, it
shall be deemed to be in order. Any notice served pursuant to Section 710.09(A)
of this regulation shall automatically become an order if a written petition for a
hearing is not filed in the office of the Health Commissioner within ten (10) days
after such notice is seined. After a hearing in the case of any notice suspending
any permit required by this regulation or by any rule or regulation adopted
pursuant thereto, when such notice has been sustained by the Health
Commissioner, the permit shall be deemed to have been revoked. Any such
permit which has been suspended by a notice shall be deemed to be automatically
revoked if a petition for hearing is not filed in the office of the Health
Commissioner within ten (10) days after such notice is seined. After such
hearing the petitioner may be granted a hearing before the Board of Health at
their regular meeting if such request is submitted in writing within five (5) days
of said hearing with the Health Commissioner.
Gig,
710.09 APPEALS TO THE REQUIREMENTS OF THE HOUSING MAINTENANCE
AND OCCUPANCY REGULATION (CONT)
C. The proceedings at such hearing, including the findings and decision of the
Health Commissioner, shall be summarized, reduced to writing, and entered as a
matter of public record in the office of the Health Commissioner. Such record
shall also include a copy of every notice or order issued in connection with the
matter.
D. Whenever the Health Commissioner finds that an emergency exists which
requires immediate action to protect the public health, he may, without notice of
hearing, issue an order reciting the existence of such an emergency and
requiring that such action be taken as he deems necessary to meet the
emergency. Notwithstanding the other provisions of this regulation, such order
shall be effective immediately. Any person to whom such order is directed shall
comply therewith immediately, but upon petition to the Health Commissioner
shall be afforded a hearing as soon as possible. After such hearing, depending
upon his findings as to whether the provisions of this regulation and of the rules
and regulations adopted pursuant thereto have been complied with, the Health
Commissioner shall continue such order in effect, or modify it, or revoke it.
710.10 CONFLICT OF REGULATIONS: EFFECT OF PARTIAL INVALIDITY
A. In any case where a provision of this regulation is found to be in conflict with a
provision of any zoning, building, fire, safety, or health regulation or code of
Franklin County existing on the effective date of this regulation the provision
which establishes the higher standard for the promotion and protection of the
health and safety of the people shall prevail. In any case where a provision of this
regulation is found to be in conflict with a provision of any other regulation or
code of the Franklin County Board of Health existing on the effective date of this
regulation which establishes a lower standard for the promotion and protection of
the health and safety of the people, the provisions of this regulation shall be
deemed to prevail, and such other regulations or codes are hereby declared to be
repealed to the extent that they may be found in conflict with this regulation.
B. If any section, subsection, paragraph, sentence, clause, or phrase of this
regulation should be declared invalid for any reason whatsoever, such decision
shall not affect the remaining portions of this regulation, which shall remain in
full force and effect; and to this end the provisions of this regulation are hereby
declared to be severable.
710.11 EFFECTIVE DATE
This regulation shall be effective on and after March 14, 1989.
31
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 712
Rat Control
Authority Section 3709.21 ORC
Every premises, building or structure within the jurisdiction of the Franklin County
District Board of Health shall be rat - proofed, freed of rats and maintained in a rat
proofed and rat free condition to the satisfaction of the Health Commissioner.
712.01
A. 'Building" means any publicly or privately owned business, building or
structure and non - business building or structure.
B. 'Business Building" means any structure, whether public or private that is
adaptedfor occupancy for transaction of business, for rendering of professional
service, for amusement, for the display, sale or storage of goods, wares, or
merchandise, or for the performance of work or labor, including hotels,
apartment buildings, tenement houses, rooming houses, office buildings,
public buildings, stores, theaters, markets, restaurants, grain elevators,
abattoirs, warehouses, workshops, factories, and all outbuildings, sheds,
barns, and other structures on premises used for business purposes.
C. "Firewood" means and includes any deciduous and /or conifer woody plant
materials cut, split, or chopped, including but not limited to building materials
and kindling that can be used for fuel and /or landscaping purposes.
D. "Garbage" means the putrescible animal and vegetable wastes resulting from
the handling, processing, preparing, cooking or serving of food.
E. "Health Commissioner" means the person occupying the office in the Franklin
County District Board of Health which is created by Section 3709.11 of the
Ohio Revised Code or his authorized representative.
F. "Non- Business Building" means any structure, whether public or private that is
used as a residence or for any other purpose other than for business.
G. "Occupant' means the individual, partnership or corporation that has the use
of or occupies any building or a part or fraction thereof, whether the actual
owner or tenant. In the case of a vacant building or any vacant portion of a
building, the owner, lessee, agent or custodian shall have the responsibilities of
an occupant.
H. "Owner" means the actual owner of the building, whether individual,
partnership or corporation. In the case of a leased building, with a clause in
the lease specifying that the lessee is responsible for maintenance and repair,
the lessee will be considered in such cases as the owner for the purpose of this
regulation.
1
712.01 DEFINITIONS (CONTI:
"Person" means an individual, partnership, association, syndicate, company,
firm, trust, corporation, government corporation, department, bureau, agency,
or any entity recognized by law.
J. 'Rat Eradication" means the elimination or extermination of rats within
buildings by any or all of the accepted measures, such as: poisoning or
trapping.
K. 'Rat Harborage" means any condition which provides shelter or protection for
rats, thus favoring their multiplication and continued existence in, under, or
outside a building or structure of any kind.
1. "Ratproofage" applies to a form of rat proofing to prevent the ingress of rats into
or under buildings or other structures from the exterior or from one building or
structure to another. It consists essentially of the closing of all openings in the
exterior walls, ground or first floors, basements and foundations, that may be
reached by rats from the ground by climbing or by burrowing, with concrete,
sheet iron, hardware cloth or other types of rat-proofing material impervious to
rat gnawing, approved by the Health Commissioner. Hardware cloth shall
mean wire screen of such thickness and spacing as to afford reasonable
protection against the entrance of rats.
M. 'Refuse" means combustible and non - combustible waste material except
garbage, and the term shall include the residue from the burning of wood, coal,
coke, and other combustible material, paper, rags, cartons, boxes, wood
excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals,
mineral matter, plastics, glass and dust.
712.02 INSPECTION NOTICE
It shall be the duty of the Health Commissioner to cause inspection of the buildings or
other structures to determine evidence of rat infestation and the existence of new
breaks or leaks in the rat-proofing. When any evidence is found indicating the
presence of rats or openings through which rats may enter such buildings or
structures, he shall serve the owner, agent, or occupant of such building or structure
with written notice to abate the conditions found. The owner, agent or occupant of
every building or structure shall give the Health Commissioner free access to his
building or structure for the purpose of such inspection.
04
712.03 BUSINESS BUILDING NOTIFICATION
A. That upon receipt of written notice and /or order from the Health
Commissioner, the owner of any business building specified therein shall take
immediate measures for rat - proofing the building, and that unless said work
and improvements have been completed by the owner in the time specified in
the written notice, in no event to be less than fifteen (15) days, or within the
time to which a written extension may have been granted by the Health
Commissioner, the owner shall be deemed in violation of this regulation.
B. That whenever the Health Commissioner notifies the occupant or occupants of
a business building in writing that there is evidence of rat infestation of the
building, said occupant or occupants shall immediately institute rat -
eradication measures and shall continuously maintain such measures in a
satisfactory manner until the premise is declared by the Health Commissioner
to be free of rat infestation. Unless said measures are undertaken within five
(5) days after receipt of notice, it shall be construed as a violation of this
regulation and the occupant shall be held responsible therefor.
712.04 CLOSURE OF BUSINESS BUILDING
That whenever conditions inside or under occupied business buildings provide
extensive harborage for rats (in the opinion of the Health Commissioner) said Health
Commissioner is empowered, after due notification in accordance with Section 3, to
close such business buildings until such time as the conditions are abated by
ratproofing and harborage removal, including, if necessary, the installation of suitable
concrete floors in basements or replacement of wooden first or ground floors with
concrete, or other major repairs necessary to facilitate rat eradication.
712.05 MAINTENANCE
The owner, agent, or occupant in charge of all ratproofed buildings or structures shall
maintain them in a ratproofed condition and repair all breaks or leaks that may occur
in the ratproofage.
712.06 UNLAWFUL TO REMOVE RATPROOFAGE
It shall be unlawful for the owner, occupant, contractor, public utility company,
plumber, or any other person, to remove ratproofage from any building or structure
for any purpose and fail to restore the same in satisfactory condition, or to make any
new openings that are not closed or sealed against the entrance of rats.
9
712.07 STRUCTURAL CHANGES
Whenever the conditions of the building or structure provide such extensive
harborage for rats that the Health Commissioner deems it necessary to eliminate such
harborage, he may require the owner in charge of any such building or structure to
install suitable cement floors in basements, or to require such owner to correct such
rat harborage as may be necessary in order to facilitate the eradication of rats.
712.08
It shall be unlawful for any person to place, leave, dump, or permit to accumulate any
garbage or refuse in or around any building, structure or premises so that the same
shall afford food or harborage for rats, or to dump, or place on any premises, land or
waterway any dead animals or waste vegetable or animal matter of any kind.
712.09 ACCUMULATION OF MATERIALS OR JUNK
It shall be unlawful for any person to accumulate or permit the accumulation on any
open lot or other premises, any lumber, boxes, barrels, bricks, firewood, stones, scrap
metal, motor vehicle bodies or parts, or similar materials, rubbish or any articles of
junk, which provide rat - harborage, unless the same shall be placed on open racks
that are elevated not less than twelve inches above the ground, neatly piled or
stacked.
712.10
It shall be the duty of every person occupying or having charge of or owning any
building or structure to provide receptacles for the reception of garbage and refuse.
The receptacles shall be provided with covers so that they are rat - proofed and it shall
be the further duty of said persons to have the contents of the receptacle removed
from the premises whenever such receptacles are full. (It shall be unlawful for any
person occupying, owning or having charge of any premises in any place other than
receptacles defined herein.)
712.11 FEEDING OF BIRDS, FOWL, OR ANIMALS IN AN UNAPPROVED
MANNER
A. No person, firm, corporation, or organization shall feed or permit to be fed any
birds, fowl, dogs, cats, or any other animal in such a way to create a nuisance,
food for rats, or cause rat infestation.
B. Bird or fowl feeding shall be done in properly constructed feeders or in a
manner which eliminates the possibility of feed or food spilling to the ground.
C. Domestic animals shall be fed in such a way as to prevent rodent or vermin to
feed on this food. All food not consumed by domestic animals shall be removed
from outside at or before sunset daily.
4
712.11 FEEDING OF BIRDS, FOWL, OR ANIMALS IN AN UNAPPROVED
MANNER (CONT)
D. No food of any kind shall be placed directly unto the pavement or ground.
E. Feeding of stray or injured animals of all species on a temporary basis by
responsible individuals or organizations in order to capture such animals shall
not be considered a violation of this regulation.
712.12 RODENT HARBORAGE - PLANTS
No owner or occupant shall permit conditions whereby grasses, weeds, or other
vegetation may provide a rodent harborage on his /her property.
712.13 OPEN BURNING OF GARBAGE
It shall be unlawful for any person to burn garbage. Such putrescible wastes shall be
placed in covered garbage receptacles and shall be hauled away and disposed of in a
satisfactory manner.
712.14 PENALTY
Violation of any provision of this regulation is prohibited by Section 3707.48 and /or
3709.21 of the Ohio Revised Code and subject to the penalties provided by Section
3707.99 and/or 3709.99 of the Ohio Revised Code.
712.15 SAVING CLAUSE
If any section, subsection, sentence, clause or phrase of this regulation is for any
reason held to be unconstitutional, void, or invalid, the validity of the remaining
portions of this regulation shall not be affected thereby.
712.16 EFFECTIVE DATE
This regulation shall be effective on and after the thirteenth day of March, 1990.
A
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 715
Dead Animals
No person shall place or deposit or permit to be placed or deposited the carcass of a
dead animal in any street, alley, open excavation, abandoned well or cistern, ditch,
stream, or body of water, or onto the surface of the ground, or in any other manner
deemed improper by the Board of Health. The owner or occupant of the land on
which the carcass of a dead animal is found shall promptly provide for its proper
removal and disposal. The carcass shall be disposed of in a manner to avoid the
creation of a nuisance or the contamination of a water supply, by burning in a
crematory suitable for the purpose, by reduction in a plant operating under license
of the State Department of Agriculture, or by burial under at least four (4) feet of
earth cover at a point not less than fifty (50) feet from any water supply, building of
human occupance, road, stream or body of water.
Revised 8 -12 -97
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 716
Weeds
"No person, whether the owner, lessee, agent, tenant or other category of person
having charge or care of land in the jurisdiction of the Franklin County District
Board of Health, shall permit noxious weeds, grasses, or any other vegetation
which may cause or create conditions which threaten the public health, to grow
thereon to a height in excess of twelve inches, or to mature their seeds thereon, or
fail to cut and destroy such weeds, grasses, and other undesirable vegetation as
described above, when notified by the Board of Health to do so."
Revised 6 -9 -98
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 717
Manure
No person shall place or deposit manure or animal excreta in any street, alley,
road, open excavation, abandoned well or cistern, ditch, stream or body of water, or
in any other manner deemed improper by the Board of Health. Every person
harboring, maintaining, keeping any animal, including but not limited to cats,
dogs, horses, mules, bovine, swine, or fowl, in a stable, stall, or compartment of
any kind, shall store any accumulation of manure in a manner which does not
create nuisance conditions.
Revised 6 -9 -98
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 718
Nuisance
Where a nuisance, as declared pursuant to Chapter 3707 or as defined in Chapter
3767 of the Ohio Revised Code is found in any building or upon any ground or
premises, a written order to abate such nuisance may be issued by the Board of
Health to the owner or occupant of such building, land or premises. The time for
compliance therewith shall be specified in the order.
Revised 6 -9 -98
FRANKLIN COUNTY BOARD OF HEALTH
REGULATION 719
Approval of Building Plans
No person shall construct or change any building, group of buildings or place
having or intended to have sinks, plumbing, drains, or other places where offensive
substances or liquids may accumulate or be deposited until plans therefor have
been submitted to and approved by the Board of Health. The plans shall show and
describe the manner in which the provisions of Regulation 701, of the Franklin
County District Board of Health Sanitary Regulations, and Chapter 3701 -28 of the
Ohio Administrative Code, are to be met. In granting an approval authorized by
this regulation the Board of Health may stipulate such modifications, conditions,
and provisions as the protection of the public health and the prevention of a
nuisance may require.
Revised 6 -9 -98
REGULATION 720
SEWAGE TREATMENT SYSTEMS
THE BOARD OF HEALTH OF THE
FRANKLIN COUNTY HEALTH
DISTRICT
Adopted October 18, 2007
Amended January 8, 2008
Amended June 8, 2010
Amended September 14, 2010
985561v1
TABLE OF CONTENTS
720 -01 Definitions. 4
720 -02
Purpose and scope.
10
720 -03
Authority, applicability, and related provisions.
11
720 -04
Responsibility for compliance, demonstration
13
competency, and registration requirements.
720 -04.1
Installers.
16
720 -04.2
Septage haulers.
17
720 -04.3
Service providers.
18
720 -06
Fees, fee categories, fee transmittal and reporting.
19
720 -06.1
Cost methodology.
21
720 -07
General provisions and prohibitions.
22
720 -08
Site and soil evaluation.
26
720 -08.1
Subdivisions and new lots.
28
720 -09
Permits for installation, alteration, and operation.
31
720 -09.1
Layout plans, design plans and as -built records.
35
720 -10
Sewage source, building sewer, and related fixtures39
720 -11
Tanks, pumps, and controls.
42
720 -12
Effluent quality standards and pretreatment
46
provisions.
720 -13
Soil absorption provisions.
48
Appendix to 720 -13
54
720 -13.1
Leaching trench requirements.
55
720 -13.2
Mound with pressure distribution requirements.
58
Page 2
9855610
720 -13.3
Drip distribution requirements.
63
720 -14
Site modification.
67
720 -15
Privies and holding tanks.
69
720 -16
Education, inspection, compliance, and
71
enforcement.
720 -16.1
O &M management.
73
720 -16.2
Residuals management.
75
720 -17
STS abandonment.
78
720 -18
Variances and related provisions.
79
720 -19
Enforcement; Appeals
81
Page 3
9855610
720 -01 Definitions.
As used in this regulation:
(A) "AASHTO" mean the American association of state highway and transportation
officials.
(B) "Alter" means to change by making substantive replacements of, additions to, or
deletions in the design or materials or to change the location of an existing
sewage treatment system. For the purposes of this regulation, the terms "alter"
or "alteration" shall not include the replacement of an existing sewage treatment
system or the repair of a sewage treatment system by making minor corrections
to existing components or substituting parts of a component with like parts as
would occur during the servicing and maintenance of a sewage treatment
system.
(C) "ANSI" means the American national standards institute.
(D) "ARCPACS" means the federation of certifying boards in agriculture, biology,
earth and environmental sciences.
(E) "ASTM" means the American society for testing and materials or ASTM
international.
(F) "Bedrock" means hard stratum that underlies unconsolidated surface material or
soil.
(G) "Bedroom" means any room within a dwelling that might reasonably be used as
a sleeping room including but not limited to rooms designated as a den, office,
or study.
(H) "Board of health" means the board of health of the Franklin County General
Health District or its authorized representative.
(I) "CSA or CAN /CSA" means the Canadian standards association or CSA
international.
(J) "Department of health" means the department of health of the state of Ohio.
(K) "Director of health" means the director of the department of health of the state
of Ohio and includes any authorized representative of the director.
(L) "Domestic septage" means the liquid or solid material removed from a sewage
treatment system, portable toilet, or type III marine sanitation device as defined
in 33 C.F.R. 159.3. "Domestic septage" does not include grease removed from a
grease trap.
Page 4
9855610
(M) "Drainage system" means a drain or drains designed to effectively lower
seasonally ponded or shallow subsurface water to establish or increase an
unsaturated vertical separation distance uniformly beneath a soil absorption
component.
(N) "ETV water quality protection center" means the program established by the
United States environmental protection agency and the national sanitation
foundation to verify commercial -ready technologies that protect ground and
surface waters from contamination. Under the program, technologies are
evaluated by a third party organization following technically sound test
procedures with appropriate quality assurance and quality control to provide
purchasers, specifiers, and permitters with credible and relevant data.
(0) "Gradient drain" means a drain designed to create a hydraulic gradient to
facilitate the flow of subsurface water away from the area of a soil absorption
component to allow effluent from a sewage treatment system to infiltrate the
soil.
(P) "Gray water recycling systems" means systems that treat and reuse wastewater
discharged from lavatories, bathtubs, showers, clothes washers, and laundry
sinks that does not contain food wastes or bodily wastes. "Graywater" means
wastewater discharged from lavatories, bathtubs, showers, clothes washers, and
laundry sinks that does not contain food wastes or bodily wastes.
(Q) "Ground water" means all water occurring in an aquifer. For the purposes of this
regulation, ground water includes an apparent water table.
(R) "Hardscape" means any constructed surface area on the landscape of a site such
as a driveway, parking area, patio, building slab, or other similar surface area.
(S) "Household sewage treatment system (HSTS)" means any sewage treatment
system, or part of such a system, that receives sewage from a single - family,
two - family, or three - family dwelling and residential dwellings or appurtenances
including but not limited to:
(1) A bed and breakfast, residential facility, or other residence as described in
divisions (13)(2), (13)(4), and (13)(13) of section 3717.42 of the Revised Code.
(2) An ancillary restroom associated with a dwelling in a location such as a barn
or personal garage that is not used as an additional dwelling, sleeping area,
or business and the users of the ancillary restroom are the same users as
the dwelling. An ancillary restroom shall not be available for public use.
(3) Vacation rental cabins provided there is a separate HSTS for each cabin.
(4) A dwelling with a home business having no access for the general public and
does not generate additional sewage as part of its operation.
(T) "IAPMO" means the international association of plumbing and mechanical
officials.
Page 5
9855610
(U) "Infiltrative surface" means the point or area of application of treated or partially
treated sewage to the soil or sand fill for purposes of treatment, dispersal, or
both.
(V) "In situ soil' means soil that has been naturally deposited or formed in its
present location with adequate texture, structure and consistence necessary for
treatment and /or dispersal, or in the case of reclaimed or filled areas, has had
sufficient time to form the texture, structure and consistence necessary for
treatment and /or dispersal.
(W) "Inspection" means the on -site evaluation or analysis of the design, installation,
and operation of a sewage treatment system.
(X) "Installer" means any person who engages in the business of installing or
altering or who, as an employee of another, installs or alters any sewage
treatment system.
(Y) "Interceptor drain" means a drain designed to intercept the horizontal flow of
subsurface water to reduce its impact on a down gradient soil absorption
component.
(Z) "Limiting condition" means a restrictive soil layer, bedrock, a water table, or
ground water that limits or precludes the treatment or dispersal of sewage in the
soil of a property where a household sewage treatment system is located.
(AA) "Linear loading rate (LLR)" means the volume of effluent applied daily along the
landscape contour expressed in gallons per day per linear foot. The LLR may
also be referred to as the hydraulic linear loading rate. The LLR is used to
determine the required length of the distribution system parallel to surface
contours.
(BB) "Lot' means a legally recorded parcel of land.
(CC) "Manufacturer" means any person that manufactures sewage treatment systems
or components of systems.
(DD)" Monitoring" means the activity of verifying performance requirements and may
include, but is not limited to, sampling of effluent from a sewage treatment
system component. For the purpose of this regulation, monitoring activities
shall
be conducted by either the board of health or a registered service provider.
(EE) "NPDES" means national pollutant discharge elimination system.
(FF) "NRCS" means the natural resources conservation service.
(GG) "NSF' means the national sanitation foundation or NSF international.
(HH) "ODNR" means the Ohio department of natural resources.
(II) "OEPA" means the Ohio environmental protection agency.
(JJ) "O &M" means operation and maintenance.
Page 6
9855610
(KK) "Order one soil survey" means a soil inventory produced for very intensive land
use that requires detailed information about soils. Standards are described in
section 655.04 of the national soil survey handbook. Order two soil survey
information is available in county soil surveys.
(LL) "Perched seasonal high water table" means the shallowest depth of soil which is
saturated with water above an unsaturated zone for at least three weeks or
longer periods of time, often with repeated occurrences during the winter and /or
spring seasons of the year.
(MM) "Perennial stream" means natural waters of the state with a defined stream bed
and bank and constant source of flowing water.
(NN) "Person" has the same meaning as in section 1.59 of the Revised Code and also
includes any state, any political subdivision of a state, and any department,
division, board, commission, agency, or instrumentality of a state or political
subdivision.
(00) "Pressure distribution" means dispersal of effluent in a manner that assures no
more than a ten per cent difference in flow rate between the proximal and distal
orifices on each distribution lateral and within the total distribution network.
(PP) "Replacement' means the installation of a new sewage treatment system to
replace an existing system.
(QQ) "Restrictive soil layer" means a compacted or dense soil layer such as a
fragipan, a soil layer with a brittle and firm or very firm consistence, a soil layer
having a massive structure or having a platy structure inherited from bedrock or
other soil layer similarly restricting vertical flow.
(RR) "Sanitary sewerage system" and "sanitary sewers" means pipelines or conduits,
pumping stations, force mains, and all other constructions, devices,
appurtenances, and facilities that convey sewage to a central sewage treatment
plant and that are required to obtain a permit under Chapter 6111. of the
Revised Code.
(SS) "Septage hauler" means any person who engages in the collection,
transportation, disposal, and land application of domestic septage.
(TT) "Service provider" means any person who services, but does not install or
alter, sewage treatment systems.
(UU) "Sewage" means liquid waste containing animal or vegetable matter in
suspension or solution that originates from humans and human activities.
"Sewage" includes liquids containing household chemicals in solution commonly
discharged from a residence or from commercial, institutional, or other similar
facilities.
(W) "Sewage treatment system (STS)" means a household sewage treatment
system, a small flow on -site sewage treatment system, or both, as applicable.
(WW) "Small flow on -site sewage treatment system (SFOSTS)" means a system,
Page 7
9855610
other than a household sewage treatment system, that treats not more than
one thousand gallons of sewage per day and that does not require a national
pollutant discharge elimination system permit issued under section 6111.03 of
the Revised Code or an injection well drilling or operating permit issued under
section 6111.043 of the Revised Code. A structure or structures served by a
SFOSTS shall include but is not limited to:
(1) Vacation rental cabins with multiple cabins served by an SFOSTS.
(2) A dwelling and an ancillary building both served by an SFOSTS where the
ancillary building may be open to the public and is used by more than the
residents of the dwelling.
(3) Two dwellings, including arrangements such as a dwelling and a detached
garage with living space.
(4) A dwelling with a home business that may be open to the public, generates
sewage in excess of the daily design flow or waste strength for an HSTS,
and has no wastewater going to the SFOSTS other than sewage as defined
in this section.
(XX) "Soil" means the naturally occurring pedogenically developed and undeveloped
regolith overlying bedrock.
(YY) "Soil depth credit' means the use of the design mechanisms of elevation,
pretreatment, and /or distribution as substitutes for in situ soil treatment to
compensate for inadequate vertical separation distance between the infiltrative
surface and the limiting condition.
(ZZ) "Soil loading rate" means the daily volume of effluent applied per unit area of in
situ soil expressed in gallons per day per square foot. The "soil loading rate"
may also be referred to as the basal loading rate or the infiltration loading rate.
The "soil loading rate" determines the size of the soil absorption area. The "soil
loading rate" and the LLR determine the dimensions of the soil absorption area.
(AAA) "Subdivision" means that which is defined by section 711.001 of the Revised
Code.
(BBB) "Timed dosing" means a mechanism that attenuates flows resulting from high
water use periods and allows for controlled dosing intervals through use of a
timing device.
(CCC) "UIC" means underground injection control and relates to the OEPA
underground injection control program authorized by sections 6111.043 and
6111.44 of the Revised Code.
(DDD) "UL" means underwriters laboratories incorporated.
(EEE) "USDA" means the United States department of agriculture.
(FFF) "USEPA" means the United States environmental protection agency.
9855610
(GGG) "Vertical separation distance" means the distance of the infiltrative surface of
the distribution system of a soil absorption system, or component thereof, to a
limiting condition in the soil.
(HHH) "Water table" means the surface of the saturated zone below which all
interconnected voids are filled with water and at which the pressure is
atmospheric.
(III) "Waters of the state" means that which is defined in division (H) of section
6111.01 of the Revised Code as all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, irrigation systems, drainage systems,
and other bodies or accumulations of water, surface and underground, natural
or artificial, regardless of the depth of the strata in which underground water is
located, that are situated wholly or partly within, or border upon, this state, or
are within its jurisdiction, except those private waters that do not combine or
effect a junction with natural surface or underground waters.
(111) "Economic Impact' means all of the following with respect to the
approval or denial of a HSTS or SFOSTS, as applicable:
(a) The cost of a proposed system;
(b) The cost of an alternative system that will not create a public
health nuisance;
(c) A comparison of the costs of repairing a system as opposed to
replacing the system with a new system;
(d) The value of the dwelling or facility, as applicable, that the
system services as indicated in the most recent tax duplicate.
(KKK) "Public Health Nuisance ": For the purposes of this regulation only, a public
health nuisance is defined by section R.C. 3718.011 of the Revised Code. A
sewage treatment system is causing a public health nuisance if any of the
following situations occurs and, after notice by the board of health to the
applicable property owner, timely repairs are not made to that system to
eliminate the situation:
(1) The sewage treatment system is not operating properly due to a missing
component, incorrect settings, or a mechanical or electrical failure.
(2) There is a blockage in a known sewage treatment system component or
pipe that causes a backup of sewage or effluent affecting the treatment
process or inhibiting proper plumbing drainage.
(3) An inspection conducted by, or under the supervision of, the
environmental protection agency or a sanitarian registered under Chapter
4736. of the Revised Code documents that there is ponding of liquid or
bleeding of liquid onto the surface of the ground or into surface water and the
liquid has a distinct sewage odor, a black or gray coloration, or the presence
of organic matter and any of the following:
(a) The presence of sewage effluent identified through a dye test;
(b) The presence of fecal coliform at a level that is equal to or greater
than five thousand colonies per one hundred milliliters of liquid as
determined in two or more samples of the liquid when five or fewer
Page 9
9855610
samples are collected or in more than twenty per cent of the samples
when more than five samples of the liquid are collected;
(c) Water samples that exceed one thousand thirty e. coli counts per
one hundred milliliters in two or more samples when five or fewer
samples are collected or in more than twenty per cent of the samples
when more than five samples are collected.
(4) With respect to a discharging system for which an NPDES permit has been
issued under Chapter 6111. of the Revised Code and rules adopted under it,
the system routinely exceeds the effluent discharge limitations specified in
the permit.
720 -02 Purpose and scope.
(A) The purpose of Regulation 720 is to establish HSTS and SFOSTS regulations of
general application including standards for siting, design, installation, alteration,
operation, monitoring, maintenance, and abandonment of an STS to protect
public health and the environment. This regulation applies to HSTS in
accordance to paragraphs (B) and (C) of section 720 -03.
It is recognized that certain design standards contained in Regulation 720 for
SFOSTS differ from those standards for on -site systems regulated under Chapter
3745 -42 of the Administrative Code due to affirmative maintenance
requirements for SFOSTS under this regulation. As such, differences in design
standards between Regulation 720 and Chapter 3745 -42 of the Administrative
Code should not be construed as a conflict of law.
(B) The scope of the regulations includes the performance of STS components,
persons, agencies, and organizations as these relate to the effective
management of HSTS and SFOSTS, including the siting, design, installation,
alteration, operation, monitoring, maintenance, and abandonment of an STS.
(1) STS components include those specified directly in this regulation,
designated by a review process specified in this regulation, or addressed
through the technical advisory committee review in compliance with sections
3718.03 and 3718.04 of the Revised Code.
(2) Persons include owners, operators, site evaluators, soil evaluators,
manufacturers, suppliers, designers, installers, septage haulers, service
providers, inspectors, and regulators.
(3) Agencies include boards of health, the department of health, and OEPA.
(4) Organizations include professional associations, educational providers,
responsible management entities, and other organizations engaged in
activities addressed in the regulations.
Page 10
9855610
720 -03 Authority, applicability, and related provisions.
(A) Unless otherwise specified, the regulations apply to both HSTS and SFOSTS,
referred to jointly as STS. When the regulations specifically address SFOSTS,
the provisions only apply to those SFOSTS that are under the jurisdiction of a
board of health having met the following requirements:
(1) The board of health has determined that all applicable provisions of the
regulations related to SFOSTS can be fully implemented under its authority.
(2) The board of health has committed to maintaining the necessary resources
to support implementation of all applicable regulations.
(3) The board of health has sent a letter of notification to the director of health
and the director of environmental protection at least sixty days prior to the
date when the board of health will assume authority for SFOSTS. The letter
of notification shall include the intended date for transfer of jurisdiction and
shall indicate compliance with paragraphs (A)(1) and (A)(2) of this section.
(B) Regulation 720 shall apply to all STS permitted to be installed or altered
pursuant to this regulation after the effective date of this regulation. In cases
where the board of health has provided written approval for a household sewage
disposal system prior to July 10, 2007 the board of health shall permit the
installation of the household sewage disposal system under the following
conditions:
(1) There is written documentation of the household sewage disposal system
approval by the board of health and the written approval has not expired.
(2) The household sewage disposal system shall not conflict with provisions of
the NPDES program established in section 6111.03 of the Revised Code or
rules adopted or permits issued pursuant to section 6111.03 of the Revised
Cod e.
(3) The owner obtaining an installation permit requests to install the previously
approved household sewage disposal system.
Page 11
9855610
(4) The installation permit for the household sewage disposal system is issued
by the board of health prior to the effective date of the new STS rules
adopted by the Public Health Council.
(5) Other than the siting and household sewage disposal system specifications
previously approved by the board of health, the provisions of this regulation
shall apply.
(C) All STS installed or altered, or permitted to be installed or altered, prior to the
effective date of this regulation shall comply with the regulations in effect at the
time of installation, alteration, or permit issuance, unless otherwise required by
this regulation. An HSTS that has been installed or altered prior to the
effective date of this regulation and that is operating or has the capacity to be
operable on the effective date of this regulation is deemed approved for the
purposes of this regulation unless declared to be a public health nuisance by the
board of health.
(D) Unless otherwise specified in this regulation, the persons responsible for
compliance with the regulations, including but not limited to the siting, design,
installation, alteration, operation, monitoring, maintenance, and abandonment of
an STS, shall be the property owner and any person performing a related service
or activity. Enforcement action may be taken against the property owner and /or
any person who performs a related service or activity.
(E) The board of health is responsible for implementation of this regulation.
Implementation shall be accomplished through the coordination of regulatory
responsibilities with other appropriate parties, adequate communication and
notification to regulated persons, and legal and equitable enforcement.
Page 12
9855610
720 -04 Responsibility for compliance, demonstration of competency, and
registration requirements.
This section identifies the responsibilities of persons engaging in activities related to
the siting, design, installation, alteration, operation, monitoring maintenance, and
abandonment of STS. Emphasis is placed on the owner as the primary responsible
party in managing the tasks associated with private sector parties acting as agents
on behalf of an owner. Regardless of whether the owner, an agent of the owner, or
the regulatory authority conducts an identified task or activity, all parties are
expected to demonstrate competency in meeting performance requirements. Other
sections expand on the tasks and measures of competency associated with these
responsibilities. General registration requirements for installers, septage haulers,
and service providers are provided in this section with specific requirements and
competency criteria identified in three supplemental sections.
(A) The property owner is responsible for the proper siting, design, installation,
alteration, operation, monitoring, maintenance, and abandonment of an STS.
The owner shall comply with all applicable provisions of the law and regulations
and shall operate the STS in compliance with O &M instructions and any
conditions of an operation permit issued by the board of health.
(B) A site and soil evaluator shall comply with the requirements of sections 720 -08
and 720 -08.1 of this regulation. A site and soil evaluator shall be capable of
properly conducting site and soil investigations and accurately recording required
information. Demonstration of competency shall include certification as a
professional soil scientist by the association of Ohio pedologists or ARCPACS.
(C) A designer shall comply with the requirements of this regulation and all other
applicable laws, regulations, and rules when submitting design plans for an STS,
including details on system components, construction, and O &M sufficient for
regulatory review and determination of compliance. Design plans shall be
completed in accordance with section 720 -09.1 of this regulation. Designers
shall be able to perform the following to demonstrate competency:
(1) Estimate and report any expected variations in STS daily design flows and
SFOSTS pollutant concentrations and mass loads exceeding residential
waste strength.
Page 13
9855610
(2) Select appropriate system components capable of meeting performance
requirements based on site and soil evaluation information.
(3) Prepare scaled design plan, profile, and detail drawings depicting STS
layout, dimensions, and materials and equipment specifications including
construction, and O &M information.
(4) Conduct installation oversight as necessary to assure provision of an
adequate installer as -built record documenting installation in accordance
with approved design plans.
(D) An installer, septage hauler, or service provider shall comply with the general
conditions for registration required in this paragraph and the specific provisions
and competency requirements respectively applicable in sections 720 -04.1,
720 -04.2, and 720 -04.3 of this regulation.
(1) An application for registration shall be submitted to the board of health and
shall include all information required by the board of health, the registration
fee, verification of compliance with the testing provisions of paragraph
(D)(2) of this section and the competency requirements of this regulation,
and proof of a Franklin County Board of Health surety bond as required
under paragraph (D)(3) of this section.
(a) A registrant that is a partnership, corporation, or other business
association, shall designate one partner, officer, or other responsible
full -time employee who shall be the company's representative
registrant.
(b) Registration is not required of any person who performs labor or
services under the direct supervision of a registrant. For the purposes
of this section "direct supervision" means that a registrant instructs and
controls the person claimed to be supervised and that the registrant is
responsible for the actions of that person and is reasonably available if
and when needed, even though such registrant may not be physically
present at the site.
(2) An installer, septage hauler, or service provider shall comply with testing
requirements established by the board of health. If a registration is revoked
or suspended in accordance with paragraph (D)(6) of this section, the
registrant designated under paragraph (D)(1)(a) of this section shall be
required to again comply with testing requirements before a registration is
reinstated or a new registration is issued by the board of health.
(3) An installer, septage hauler or service provider shall obtain a surety bond
which provides coverage for all work performed on an STS in the jurisdiction
of the Franklin County Board of Health.
(a) The surety bond required for registration shall establish a contractual
relationship between the principal, and the surety, and shall be
executed by the applicant as principal and a surety company authorized
to do business in the state as surety.
Page 14
9855610
(b) The surety bond shall be for the benefit of any aggrieved party for
damages incurred as a result of a violation of this regulation. For
purposes of this section aggrieved party means the local board of health
where work was performed, property owner or the agent of the property
owner who contracts with an installer, service provider or septage
hauler and whose STS is not installed, altered, serviced, maintained or
abandoned in compliance with the provisions of this regulation.
(c) The surety bond shall be issued to provide insurance coverage for the
calendar year of the registration application for any work performed in
the jurisdiction of the Franklin County Board of Health. The surety bond
shall provide that the aggregate liability of the surety for any and all
breaches of the conditions of the bond shall in no event exceed the
penal sum of the bond for each calendar year for which the bond is
issued.
(d) If the surety bond for the registration is canceled, the registrant shall
immediately submit to the board of health proof of a new surety bond in
accordance with the requirements of this section. The surety company
shall give thirty days written notice to the board of health prior to the
effective date of cancellation.
(e) An installer, service provider, and septage hauler shall maintain a surety
bond of not less than twenty -five thousand dollars for each category of
registration.
(f) Any person who alleges to be an aggrieved party shall give written
notification to the surety, the board of health, and the installer, service
provider, or septage hauler as applicable within one year of the date of
completion of the work on the STS. The board of health may conduct
an investigation as necessary to determine if a violation of this
regulation has occurred.
(4) A registration shall not be transferable and shall expire annually on the
thirty -first of December.
(5) A registrant shall maintain and submit to the board of health such complete
and accurate records and information that may be required for determining
compliance with the regulations.
(6) A registrant shall submit and be subject to the compliance and enforcement
provisions established in section 720 -16 of this regulation. When the board
of health finds that a registrant is or has engaged in practices in violation of
this regulation, the board of health shall provide the registrant with written
notification of the alleged violation, indicate if the registration may be
revoked or suspended, and afford an opportunity for a hearing if the
registrant does not agree to voluntary compliance The board of health may
revoke or suspend a registration when a registrant fails to timely correct
violations in compliance with this regulation.
Page 15
9855610
720 -04.1 Installers.
(A) In addition to compliance with the general registration requirements in
paragraph (D) of section 720 -04 of this regulation:
This condition of installer registration shall be effective January I to December
31" of the calendar year. Registrants shall provide proof of compliance with this
paragraph at the time of initial registration and all subsequent renewals of
registration.
(B) A registered installer shall provide proof of compliance with any training,
qualification, or certification conditions required for a component or system and
shall comply with any installation instructions in accordance with an installation
permit issued by the board of health.
(C) As a condition of an installation permit, a registered installer shall warrant that
the STS has been installed in accordance with all applicable regulations and
design specifications. A registered installer shall prepare an as -built record for
each completed installation in accordance with paragraph (C) of section 720-
09.1 of this regulation.
(D) In lieu of a design plan, a registered installer may submit a layout plan for an
HSTS in accordance with paragraph (A) of section 720 -09.1 of this regulation
and in compliance with sections 720 -13.1 or section 720 -13.2 of this regulation.
Page 16
9855610
720 -04.2 Septage haulers.
(A) In addition to compliance with the general registration requirements in
paragraph (D) of section 720 -04 of this regulation:
This condition of septage hauler registration shall be January I" to
December 31s' of the calendar year. Registrants shall provide evidence of
compliance with this paragraph at the time of initial registration and all
subsequent renewals of registration.
(1) Obtain a permit from the board of health for each vehicle used to haul
septage, report tank capacity for each vehicle, allow each vehicle and its
equipment to be inspected if required by the board of health, and maintain
vehicles in compliance with paragraph (B) of this section.
(2) Manage the pumping, hauling, disposal and land application of septage in
compliance with all applicable rules and regulations, and provide information
to the board of health on the locations and methods of septage disposal and,
as applicable, land application in accordance with paragraph (B) of section
720 -16.2 of this regulation.
(3) Provide to the owner a report of the services conducted including the date of
service and comply with any additional reporting requirements established
by the board of health or required in this section or section 720 -16.2 of this
regulation.
(B) Any vehicle and equipment used for septage hauling shall comply with the
following:
(1) The company name and phone number is legibly written on the vehicle in
words and numbers no less than four inches in height.
(2) All septage hauling equipment is maintained in proper operating condition
and managed in a manner that prevents leakage or spills while in operation,
transit, or storage.
Violation of these provisions as determined by the board of health may be cause
for immediate suspension of a vehicle permit.
Page 17
9855610
Page 18
985561v1
720 -04.3 Service providers.
(A) In addition to compliance with the general registration requirements in paragraph
(D) of section 720 -04 of this regulation:
This condition of service provider registration shall be January I" to December
31" of the calendar year. Registrants shall provide evidence of compliance with
this paragraph at the time of initial registration and all subsequent renewals of
registration.
(B) A registered service provider shall provide proof of compliance with any training,
qualification or certification conditions required by the manufacturer or
distributor of a component or system and shall comply with O &M requirements in
accordance with an installation permit or operation permit issued by the board of
health. In addition to any such conditions or requirements, a service provider
shall:
(1) Provide manufacturer and /or general O &M information to the owner of the
STS as applicable, and to the board of health if required, either in writing or
through reference to available resources.
(2) Understand the treatment processes, all O &M requirements, and servicing
schedule for any STS for which the service provider offers and conducts
O &M services.
(3) Conduct routine O &M services on schedule and according to requirements.
(4) Provide to the owner a report of the services conducted including the date of
service and notation of any evidence of clear water infiltration, STS
component deterioration, or other problem conditions.
(C) A registered service provider shall comply with any reporting or records retention
requirements established by the board of health as authorized by this regulation.
Page 19
9855610
720 -06 Fees, fee categories, fee transmittal and reporting.
(A) The board of may establish fees for the purpose of administering and enforcing
the requirements of this regulation using the functions set forth in section 720-
06.1 (A) (1) through (A) (8). The fees shall be established using the categories
prescribed in this section. The department of health shall receive the portion of
each permit fee for STS installation or replacement as required under paragraph
(B) of this section.
(B) The board of health shall collect an application fee of twenty -five dollars for a
sewage treatment system installation or replacement permit on behalf of the
Department of Health and forward the fee to the Department.
(C) Fees established by a board of health shall be specified in accordance with the
following categories:
(1) An application for a site review of an HSTS or SFOSTS.
(2) Permit for the installation or replacement of an HSTS.
(3) Permit for the installation or replacement of an SFOSTS.
(4) Permit for the alteration of an existing HSTS.
(5) Permit for the alteration of an existing SFOSTS.
(6) Operation permits for HSTS and SFOSTS.
(7) Registration of installers, service providers and septage haulers as required
in paragraph (D) of section 720 -04 of this regulation.
(8) Vehicle permits for septage haulers as required in paragraph (A)(2) of
section 720 -04.2 of this regulation.
(9) An application for a variance under section 720 -18 of this regulation.
(10) Additional fees may be established by the board of health for the purposes
of managing the STS program, including fees for the collection and
examination of any necessary samples taken to determine compliance with
this regulation.
Page 20
9855610
This page left blank
Page 21
985561v1
720 -06.1 Cost methodology.
(A) The board of health shall establish fees based upon the following functions:
(1) The administration and enforcement of the site and plan review, permitting
and installation, and inspections of HSTS. Inspections shall include any site
inspections, installation inspections, and operation inspections required in
this regulation.
(2) The administration and enforcement of the site and plan review, permitting
and installation, and inspections of SFOSTS. Inspections shall include any
site inspections, installation inspections and operation inspections required
in this regulation.
(3) Operational oversight of HSTS and SFOSTS.
(4) Registration of installers, service providers and septage haulers.
(5) Permitting of vehicles for septage hauling.
(6) Review of land application sites for septage as required under section 720-
16.2 of this regulation.
(7) Conducting sampling as necessary to determine compliance with this
regulation.
(8) Provision of education and consultation services.
Page 22
9855610
720 -07 General provisions and prohibitions.
These provisions and prohibitions provide an overview of the conditions that impact
the use of an STS, establish general criteria for STS performance, limit the use of
discharging HSTS, and identify other regulations related to the use of an STS. The
purpose of this section is to encourage preliminary consideration of STS suitability
and general regulatory requirements prior to investing in required activities for
compliance with other provisions of this regulation.
(A) The siting, design, installation, alteration, operation, monitoring, maintenance,
and abandonment of an STS shall comply with this regulation. An STS subject
to this regulation shall not be installed or operated without an approved permit
from the board of health. Unless connected to a sanitary sewerage system or
utilizing an existing STS, a dwelling or structure shall not be occupied or utilized
without an approved STS.
(B) An HSTS shall serve only one dwelling. An SFOSTS may serve multiple dwellings
or structures. In the case where two or more dwellings or structures are served
by an SFOSTS, the entire SFOSTS shall be owned and operated by one person.
(C) A STS shall comply with the following performance requirements and
prohibitions:
(1) An STS shall be maintained in proper working condition
(2) An STS shall comply with the conditions specified in an installation and /or
operation permit issued by the board of health.
(3) No STS or part thereof shall create a public health nuisance or safety hazard
nor pollute surface water or ground water.
(4) No STS shall discharge to any ditch, stream, pond, lake, natural or artificial
waterway, drain tile, other surface water conveyance or to the surface of the
ground unless authorized by an NPDES discharge permit pursuant to
Chapter 6111. of the Revised Code or otherwise specified in this regulation.
(5) No STS shall discharge to an abandoned well, a drainage well, a dry well or
cesspool, a sink hole, or other connection to ground water. If classified as a
class V injection well, an HSTS serving a two or three family dwelling or an
SFOSTS shall comply with 40 C.F.R. 144 (as published in the July 1, 2005
Code of Federal Regulations) and the registration requirements pursuant to
rule 3745 -34 -13 of the Administrative Code.
(6) No STS shall receive water from roof drains, foundation drains, clear water
sumps, swimming pools, or other sources that do not convey or generate
sewage from the structures served by the STS.
(7) No STS shall be permitted for the holding, treatment, or dispersal of
industrial waste or storm water for industrial activities. For the purpose of
this section, the normal use of housekeeping products does not constitute
industrial waste.
Page 23
9855610
(8) A service contract is required for any sewage treatment system that is
subject to an NPDES permit to the extent required by the Environmental
Protection Agency.
(D) An STS shall utilize soil absorption as the means for final treatment and /or
dispersal, except for the HSTS conditions and limitations described in paragraph
(D)(2) of this section when soil absorption is not feasible as demonstrated
through the site and soil evaluation conducted in accordance with section 720-
08 of this regulation.
(1) An STS shall not be permitted for use in any new lot or new subdivision
when soil absorption is not feasible.
(2) When soil absorption is determined to be infeasible by the board of health
for a replacement HSTS for an existing dwelling or a new HSTS for an
existing lot, a discharging HSTS shall only be permitted by the board of
health in compliance with NPDES requirements.
The board of health shall not permit or otherwise authorize the use of an STS
that would violate the conditions of this paragraph.
(E) STS shall be sited in compliance with this regulation including the following:
(1) Sufficient suitable area shall be available to accommodate an STS including
a designated area for complete relocation and replacement of an STS, the
minimum horizontal isolation distances as required in paragraph (E)(3) of
this section, and any additional horizontal isolation distance determined by
the board of health as necessary to accommodate lateral flow due to shallow
limiting conditions identified in the soil and site evaluation conducted in
accordance with section 720 -08 of this regulation.
(2) Sites on which private water systems are to be installed shall be of sufficient
area to provide horizontal isolation of the private water system from both
the proposed STS and the area intended for any STS relocation or
replacement on this or adjacent sites as required in paragraph (E)(3) of this
section and Chapter 3701 -28 of the Administrative Code.
(3) An STS shall maintain minimum horizontal isolation distances of
(a) Ten feet from any utility service line, driveway or other hardscape,
property line or right -of -way boundary, and any building or other
structure, and
(b) Fifty feet from any water supply source, surface water impoundment,
lake, river, or perennial stream.
(4) A permanent legal easement shall be required for any portion of an STS not
sited on the same parcel as the structures or dwelling served by the STS.
When an easement is required under this paragraph, an STS installation
permit shall not be issued by the board of health until a certified copy of the
legally recorded easement is provided.
(F) STS shall not be sited under the following conditions:
Page 24
9855610
(1) An HSTS shall not be sited in an area identified as a flood way, nor within
any part of the one - hundred year flood plain where prohibited by federal,
state, or local regulations or ordinances. Where federal, state and local
regulations or ordinances permit the installation of a discharging HSTS, the
HSTS location and construction must comply all provisions of those
regulations or ordinances. An SFOSTS shall comply with the flood plain
criteria established by OEPA.
(2) An STS shall not impact or be sited within a jurisdictional wetland subject to
a U.S. army corp of engineers 404 permit and /or OEPA 401 certification or
within an isolated wetlands subject to sections 6111.02 to 6111.029 of the
Revised Code.
(3) An STS shall not be sited within the sanitary isolation radius of a public
water system well as determined in accordance with rule 3745 -09 -04 of the
Administrative Code. An SFOSTS shall have additional design and /or
management controls when sited within the inner management zone of a
drinking water source protection area determined to be highly susceptible to
contamination by the OEPA source water assessment and protection
program for a community or non - transient non - community public water
system as defined in rule 3745 -81 -01 of the Administrative Code.
(4) An STS shall not be sited under soil and site conditions that prohibit
compliance with this regulation. The following are examples of conditions
that may be prohibitive or may require additional siting, design or
management conditions:
(a) Exposed bedrock, boulders, stones, gravel, and coarse sand at or above
the surface of the ground or underlain within a foot of the ground
surface.
(b) Slopes in excess of the limits of the design, installation, maintenance or
operation of the proposed STS or when there is risk of slippage, slump,
or land slide.
(c) Filled, reclaimed, or disturbed areas where soil and site conditions may
not be adequate to provide treatment and /or dispersal.
(G) The board of health shall consult with appropriate sewer entity personnel as
necessary to determine sanitary sewer accessibility:
(1) An STS shall not be sited, permitted, or installed where a sanitary sewage
system is accessible and has capacity to accept additional flows.
(2) An STS shall not be altered, replaced, maintained, operated, or used where
a dwelling or structure is accessible to a sanitary sewerage system.
(3) Whenever a sanitary sewerage system becomes accessible to a dwelling or
structure served by an STS, the dwelling and /or structures shall be
connected to the sanitary sewage system and the STS abandoned in
accordance with section 720 -17 of this regulation.
Page 25
9855610
(H) In the absence of other legal authority governing the access to a sanitary
sewage system, the board of health shall determine accessibility and the
conditions and schedule for sanitary sewer connection and abandonment of an
STS. The board of health may utilize the criteria established in division (C) of
section 6117.51 of the Revised Code for an existing HSTS. In the case of an
SFOSTS, the board of health shall comply with any criteria established by the
O E PA.
(I) No person shall discharge, or permit to be discharged, treated or untreated
sewage, the overflow drainage or contents of a sewage tank, or other
putrescible, impure or offensive waste, into an abandoned well, drainage well, a
dry well or cesspool, a sink hole or other connection to ground water, ditch,
stream, pond, lake, natural or artificial waterway, drain tile, other surface water
conveyance, or to the surface of the ground.
Page 26
9855610
720 -08 Site and soil evaluation.
This section provides criteria and procedures for site and soil evaluation. Site and
soil characteristics must be observed, described, and evaluated and area risk factors
considered and identified. This information provides the basis for determining the
feasibility of siting an STS and, if feasible, the conditions and limitations for sewage
treatment and dispersal to be addressed in a layout plan or design plan.
(A) The board of health shall conduct a site review for any proposed STS installation
to complete, or review the completeness of, the site and soil evaluation
information required in this section. Any person conducting a site and soil
evaluation shall assess and record information in accordance with this section.
The board of health shall utilize the site and soil evaluation information to
determine the feasibility of siting an STS in compliance with this regulation.
(B) The site and soil evaluation shall include the assessment and documentation of
the following:
(1) Designation of the described soil boring and /or excavation locations and the
information required in paragraphs (13)(3) and (13)(4) of this section on the
site plan required in section 720 -09.1 of this regulation or on a preliminary
site drawing adequate to provide the required site and soil evaluation
documentation. A scaled site drawing shall at least include:
(a) The dimensions of the lot or the proposed lot;
(b) Any existing dwellings and /or structures and any proposed dwellings
and /or structures if known;
(c) Any site disturbances, existing driveways and other hardscapes, and
proposed hardscapes or related site disturbances if known;
(d) Location of all private water systems and surface water features on the
lot and within fifty feet of the lot boundary, or within fifty feet of the
locations specified in paragraph (13)(3) of this section; and
(e) North orientation arrow.
(2) Record of site and soil characteristics for each soil boring and /or excavation
location designated in paragraph (13)(1) of this section using USDA NRCS
nomenclature on a form {prescribed by the} board of health including but
not limited to:
(a) Site descriptions: landscape position, slope, vegetation, drainage
features, rock outcrops, erosion and other natural features;
(b) Detailed soil profile descriptions: color, texture, structure, consistence,
and the depth of each soil horizon or layer and characterization of all
limiting conditions; and
(c) Documentation of any relevant surface hydrology, geologic and
hydrogeologic risk factors for the specific site or in the surrounding area
Page 27
9855610
that may indicate vulnerability for surface water and ground water
contamination.
(3) Drawings and dimensions on the site plan or site drawing of at least two
locations on the site that have been evaluated and determined to have the
capacity for the treatment and /or dispersal of sewage from the proposed
dwelling or structures including adequate length parallel to the land contour
to accommodate the soil and linear loading rates for the conditions
recorded.
(4) Identification on the site plan or site drawing of the area for which each soil
profile description is representative and designation of any areas with
conditions that would prohibit or impact the siting of an STS in accordance
with this regulation.
(C) An installation permit for an STS shall not be approved by the board of health in
the absence of an evaluation conducted in accordance with this section:
(1) The board of health shall assure that a site and soil evaluation is conducted
in accordance with this section and shall:
(a) Determine compliance with soil absorption requirements in paragraph
(D) of section 720 -07 of this regulation, and
(b) Consider area risk factors related to the subdivision and lot review
requirements in section 720 -08.1 of this regulation and permitting
requirements in section 720 -09 of this regulation, including risks of
pathogen or nutrient contamination to surface or ground water.
(2) The board of health may only waive the requirements of paragraphs (13)(2)
and (13)(3) of this section when soil treatment and /or dispersal is not
feasible for an HSTS replacement for an existing dwelling due to the absence
of adequate area for sizing the HSTS.
Page 28
9855610
720 -08.1 Subdivisions and new lots.
This section addresses the critical prerequisite activities of assessing sewer
accessibility, STS feasibility, and any area risk factors prior to the recording of a lot
or subdivision. Informing property owners, land developers, and prospective buyers
of the provisions of this section, and effective implementation of these provisions,
allows for a proactive versus reactive approach to proposed STS development and
should prevent future problems when siting an STS. This section is not intended to
serve as a substitute for planning, zoning, sanitary sewerage, or land use
responsibilities exercised by other authorities.
(A) The board of health review required in paragraph (D) of this section shall be
coordinated, as applicable, with authorities having responsibility for the
requirements established in Chapter 711. of the Revised Code, zoning, recording
of parcels of land, or other land use authorities. Regarding sanitary sewerage
accessibility, the board of health shall consult with appropriate sewer entity
personnel such as a municipal or county sanitary engineer to confirm sewer
accessibility and plans for sewer extensions by a municipality, sanitary district,
regional water and sewer district, or other management entity or wastewater
planning authority responsible for sanitary sewerage.
(B) An STS shall not be sited, installed, or permitted for a proposed new lot or
subdivision when any of the following conditions have been met:
(1) A proposed lot or subdivision is accessible to a sanitary sewerage system in
accordance with criteria established by the OEPA.
(2) Siting an STS on any proposed new lot or subdivision lot would violate the
prohibitions in paragraph (F) of section 720 -07 of this regulation.
(3) A proposed STS would require an NPDES permit.
(4) Other conditions which would prohibit compliance with this regulation.
(C) Any person proposing a subdivision or new lot or lots for review by the board of
health shall submit sufficient information to determine compliance with the
requirements of this regulation. Minimum information to be submitted for
review includes the following:
(1) A statement indicating that siting STS on the proposed lot, lots, or
subdivision would not violate the prohibitions in paragraph (B) of this
section.
(2) For a proposed subdivision having greater than twenty -five lots, or for any
fewer numbers of lots as required by the board of health to identify risks to
surface and ground water resources, the evidence of compliance with
paragraph (13)(1) of this section shall include written documentation from
OEPA.
(3) The acreage of each proposed lot and the total land area of a proposed
subdivision.
Page 29
9855610
(4) Scaled drawing showing proposed lot lines with detail on site conditions
including vegetation, approximate slopes, and drainage features. For new
lot or subdivision proposals having more than five lots, or for a fewer
number when required by the board of health, the scaled drawing shall also
include topographic detail with contour lines sufficient to determine slope
and adequate length along the contour in the areas considered suitable for
STS.
(5) All site and soil evaluation information required in paragraph (B) of section
720 -08 of this regulation. For the purposes of this section, the board of
health may accept or require an order one soil survey of sufficient detail to
provide the soil profile information required in paragraph (13)(2)(b) of 720-
08 of this regulation. An order one soil survey shall be prepared by a
professional soil scientist certified by the association of Ohio pedologists or
ARCPACS.
(D) Proposed subdivisions and new lots shall be reviewed by the board of health to
determine if there are any restrictions on the use of STS. The board of health
shall review readily available resources including but not limited to source water
assessment reports for public water systems and ground water pollution
potential maps to assess risks to surface and ground water from proposed onsite
sewage treatment and may consult with the OEPA for advice on any water
quality concerns. For subdivisions proposed in environmentally sensitive areas
or of any density or number determined to present increased risk to surface or
ground water resources, the board of health may require a responsible
management entity and /or establish a household sewage treatment district in
accordance with division (A)(12) of section 3718.02 or the Ohio Revised Code.
(1) For the purposes of this section, the board of health shall provide written
documentation to the person proposing a subdivision or new lot or lots of
noncompliance with this regulation if the information submitted is
incomplete, inaccurate, or the board of health makes a determination that
the provisions of this regulation cannot be met. Upon acceptance of a
complete submittal, the board of health shall make a determination within
forty -five calendar days.
(2) When the board of health determines that the provisions of this regulation
can be met, the board of health shall provide written documentation of
compliance to the person proposing a subdivision or new lot or lots subject
to STS installation permit approval by the board of health. The written
documentation of compliance with this regulation and the board of health
review required by this section shall not preclude the denial of an installation
permit pursuant to 720 -09 of this regulation if conditions change.
Page 30
9855610
This page left blank
Page 31
985561v1
720 -09 Permits for installation, alteration, and operation.
This section includes the provisions for site review, issuing a permit, and determining
compliance with the conditions of a permit. Given the limitations on the permitting
of a discharging STS for a new home, owners and builders are strongly encouraged
to obtain an approved site review application prior to the start of construction to
assure that a soil absorption STS can be sited. Permits for installation and operation
provide a mechanism for regulatory oversight of the siting, design, installation,
alteration, operation, monitoring, maintenance, and abandonment of an STS.
(A) The board of health shall require a site review application for any proposed
installation of a new or replacement STS. No person intending to install a new
STS or replace an existing STS shall be issued an installation permit without the
board of health first approving a site review application.
(1) A site review application shall include the application fee and all information
required by the board of health, including the following as applicable:
(a) The completed site and soil evaluation as required in section 720 -08 of
this regulation and the design plan or layout plan required in section
720 -09.1 of this regulation, or
(b) The completed site and soil evaluation as required in section 720 -08 of
this regulation when the board of health is providing the design plan in
accordance with paragraph (B) of section 720 -09.1 of this regulation, or
(c) A scaled site drawing as required in paragraph (13)(1) of section 720 -08
of this regulation in the case where the board of health will conduct the
soil and site evaluation in accordance with section 720 -08 of this
regulation and is providing the design plan in accordance with
paragraph (B) of section 720 -09.1 of this regulation, or
(d) A scaled site drawing as required in paragraph (13)(1) of section 720 -08
of this regulation in the case where the board of health will conduct the
soil and site evaluation in accordance with section 720 -08 of this
regulation but will not provide a design plan. In this case the design
plan or layout plan shall not be prepared for board of health review until
the board of health has conducted the site and soil evaluation and has
provided to the applicant the resulting site and soil evaluation
documentation.
(2) A site review application for an STS alteration may be required by the board
of health, and when required, shall contain all pertinent information and the
application fee required by the board of health. In the case where an
alteration involves the expansion of a soil absorption component, the board
of health shall determine when a site and soil evaluation shall be conducted
or required in compliance with section 720 -08 of this regulation.
(3) The board of health shall review the application information to determine
whether the proposed design plan or layout plan, or proposed STS alteration
as applicable, is in compliance with this regulation. When the board of
health determines that a proposed STS is subject to the NPDES or UIC
Page 32
9855610
requirements of paragraphs (C)(4) and (C)(5) of section 720 -07 of this
regulation, the board of health shall assure compliance with NPDES or UIC
requirements prior to issuing a permit in accordance with paragraph (B) of
this section.
(4) The board of health shall deny a site review application if the application
information is incomplete or inaccurate or if the application information, site
review by the board of health, or site and soil evaluation indicates that the
provisions of this regulation cannot be met.
(5) The board of health shall approve a site review application when the
information, site review by the board of health, and site and soil evaluation
demonstrate that the provisions of this regulation can be met. An approved
site review application shall be valid for one year from the date of approval.
(B) No person shall install or replace an STS without an approved and valid
installation permit issued by the board of health. In approving or denying the
use of a STS, the board of health shall consider the economic impact of the
system on property owners, the state of available technology, he nature and
economics of the available alternatives, and ensure that the system to be used
will not create a public health nuisance. No person shall alter an STS without an
approved and valid alteration permit issued by the board of health. The
installation, replacement, or alteration of an STS shall only be conducted by an
installer registered in compliance with section 720 -04.1 of this regulation except
in the case of a homeowner who may install, replace, or alter an HSTS for a
single family dwelling that will serve or serves as the homeowner's primary
permanent residence when competency is demonstrated through compliance
with the testing requirements of paragraph (D)(2) of section 720 -04 of this
regulation.
(1) An installation permit, or alteration permit as applicable, shall not be issued
by a board of health without an approved and valid site review application
as required in paragraph (A) of this section. The board of health may deny
the approval of an installation or alteration permit if there are changes to
site conditions or the site review application information and may require re-
application including a fee to reapply.
(2) The board of health may specify terms and conditions of an installation or
alteration permit governing the siting, design, installation, alteration,
operation, monitoring, maintenance, or abandonment of the STS.
(3) An approved installation permit or alteration permit issued by the board of
health shall be valid for one year from the date of issuance or until the
installation or alteration is completed and approved by the board of health
within the one year period. The board of health may extend the permit
period for an additional six months for permits issued pursuant to this
section.
(4) An approved installation or alteration permit may be revoked by the board
of health prior to its expiration if a change in site conditions, the quality of
the installation or alteration work, or other circumstances arise that may
prevent compliance with this regulation.
Page 33
9855610
(5) The board of health shall inspect a completed installation or alteration. The
as -built record, any applicable system start -up information, or other
documentation required in section 720 -09.1 of this regulation shall be
available at the time of inspection. The board of health may require
advance notification from the registered installer or the designer of the STS
to accommodate inspections during the progress of the installation or
alteration.
(6) The board of health shall approve an installation or alteration upon the
satisfactory completion of all work and documentation required by this
regulation and the terms and conditions of the permit.
(C) No person shall operate an STS after July 10, 2007_without an approved and
valid operation permit from the board of health. All STS installed, replaced, or
altered, or permitted to be installed, replaced, or altered, prior to the effective
date of this regulation shall comply with section 720 -09 (C).
(1) An operation permit shall be in effect upon board of health approval of an
installation, a replacement, or an alteration of an STS. The responsible
party, whether it is the STS owner, a responsible management entity
recognized by the board of health, or both, shall be subject to the terms and
condition of an operation permit.
(2) The board of health shall specify any operation permit fees and the terms
and conditions of the operation permit consistent with this regulation
governing the operation, monitoring, maintenance, and abandonment of the
STS. The board of health shall require an STS service contract as a
condition of an operation permit in accordance with this regulation and the
requirements of paragraph (C)(5) of this section.
(3) A board of health shall inspect an STS not later than twelve months after its
installation to ensure that the system is not a public health nuisance and
operating properly.
(4) An operation permit may be renewed, suspended, or revoked by the board
of health subject to the requirements of this regulation, the terms and
conditions of the permit, and the O &M management provisions established
by the board of health in accordance with section 720 -16.1 of this
regulation. An operation permit shall be valid until it expires or is
suspended or revoked by the board of health. An operation permit is
subject to suspension or revocation conditional upon the responsible party's
or parties' compliance with this regulation and the terms and conditions of
the permit.
(5) An operation permit shall require a service contract for an STS under the
following conditions and as otherwise required by the board of health:
(a) Any HSTS subject to an NPDES permit.
(b) Any STS with a pretreatment component subject to paragraph (H) of
section 720 -12 of this regulation.
(c) Any STS with a soil absorption component subject to paragraphs (C)(3)
of section 720 -13 of this regulation.
Page 34
9855610
(d) When required as a condition of an STS component or system approval
granted by the director of health in accordance with paragraph (C) of
section 720 -18 of this regulation.
Page 35
9855610
720 -09.1 Layout plans, design plans and as -built records
This supplemental section provides detail on layout plan and design plan options for
new and replacement installations. To prevent avoidable problems during
installation, a layout plan or a design plan is included with the site review application
to assure proper STS siting in advance of a permit being issued. This section also
provides the requirements for the as -built record to be completed by a registered
installer to document that an STS has been installed in accordance with all applicable
regulations and plan requirements. The intent of this section is to assure adequate
information and documentation for site review application and permit approval and
to assure installation in accordance with applicable regulations and approved plans to
promote long term STS operation. The Franklin County Board of Health Sewage
Treatment System Design Manual and Management Strategy may be required as a
reference for the design and layout of STS.
(A) A registered installer may submit a layout plan in compliance with section 720-
13.1 or section 720 -13.2 of this regulation. A layout plan may substitute for the
design plan required in paragraph (B) of this section when the proposed HSTS
does not utilize a soil depth credit for pathogen reduction. A layout plan shall
include:
(1) A site plan drawn to scale on eight and a half inch by eleven inch or larger
paper showing HSTS layout elevations corresponding to flagged or staked
locations at the site. The designated HSTS area shall be protected from
disturbance. The site plan shall also verify horizontal isolation distances and
include the designated area for complete relocation and replacement of the
HSTS as required in paragraph (E) of section 720 -07 of this regulation.
(2) Written details on the daily design flow, selected loading rates based on the
site and soil evaluation, system configuration with absorption area
dimensions, and, if applicable, pump selection information and pressure
distribution network description and calculations.
(3) Product information and written description of materials and system
components including size of all tanks and distribution component materials
including mechanical distribution and diversion mechanisms.
(4) Manufacturer O &M requirements or instructions for components not
addressed in general O &M information available through the board of health
or the department of health.
(5) Any additional information requested by the board of health related to
components, materials, and installation or O &M specifications.
(B) A design plan in compliance with this paragraph shall be required unless a layout
plan is provided by a registered installer in compliance with paragraph (A) of this
section. A design plan shall be legible, readable, and of sufficient detail to
demonstrate compliance with the provisions of this regulation. A design plan
shall include:
(1) Documentation of the rationale for design decisions used to address site and
soil limitations including justification for selected loading rates and the use
Page 36
9855610
of any soil depth credits. The site and soil evaluation shall be available with
the design plan.
(2) Description of the dwelling and /or structures to be served by the STS with a
designated daily design flow including any anticipated variations. The STS
shall be designed to handle peak daily design flows or the design shall
include flow equalization with designated reserve and surge capacity and
timed dosing in compliance with section 720 -11 of this regulation.
(3) Description of the treatment processes used to meet performance
requirements including information necessary to confirm compliance with
any applicable NPDES effluent quality standards or applicable standards
established in section 720 -12 of this regulation. In addition, if applicable,
documentation of pollutant concentrations and mass loading in excess of
residential waste strength, including the design for treatment to reduce
higher strength wastewater to typical residential waste strength prior to
distribution to a soil absorption component.
(4) Plan notes designating that the STS area shall be protected from
disturbance, and additional plans notes as needed to explain any siting,
installation, or O &M requirements or restrictions, including any
preconstruction meetings at the site, conditions on the selection of an
installer, STS start -up procedures or other designer- designated conditions.
(5) A site plan, drawn to a scale of one inch equals fifty feet or less, sufficient to
demonstrate compliance with this regulation including but not limited to:
(a) North directional arrow.
(b) Identified vertical and horizontal reference point or benchmark with its
location clearly marked at the site.
(c) Designation of the described soil boring and /or excavation locations
from the soil and site evaluation.
(d) Outline of existing and proposed structures, driveways and other
hardscapes, and other related items on the property.
(e) Location of STS components and a replacement area.
(f) The dimensions of the property with horizontal isolation distances to the
STS and replacement area from the items designated in paragraph (E)
of section 720 -07 of this regulation, including but not limited to private
water systems and surface water features.
(g) Topography for the areas of the dwelling and /or structures to be served
and the proposed STS and designated replacement areas including an
indication of drainage features in these and surrounding areas.
(h) Designation of any easements, disturbed areas, or wooded areas within
fifty feet of the proposed STS and replacement area, or other site
characteristics or obstructions that may affect the installation or
operation of the STS.
Page 37
9855610
(i) Means of access for O &M equipment to service the STS.
(6) Enlarged plan view drawings of the STS components if the site plan scale
does not allow for sufficient detail.
(7) Profile drawing showing elevations relative to surface grade sufficient to
demonstrate compliance with this regulation including the invert elevations
necessary to assess the hydraulic profile of STS components and any gravity
or pumped discharge outlet elevations.
(8) Plan and section views for the STS components and /or attachments of
component and material specification information.
(9) Installation and O &M instructions.
(10) Plan note requiring that the STS installer consult with the designer
regarding any intended changes to the plan and requiring installer /designer
coordination on the provision of an accurate as -built record.
(C) An as -built record shall be required to be completed by the registered installer
for a completed STS installation or alteration as a condition of the installation or
alteration permit and as a condition of registration in accordance with section
720 -04.1 of this regulation. The as -built record does not substitute for a layout
plan or design plan required in accordance with this section. A designer shall
provide oversight as necessary to assure that the registered installer prepares
an as -built record documenting installation in accordance with a design plan
prepared in accordance with paragraph (B) of this section. An as -built record
shall include:
(1) A legible record on eight and a half inch by eleven inch or larger pages with
copies provided to the owner and the board of health for inclusion in the
permit file. Use of layout plan or design plan documents or as -built
template forms may be acceptable.
(2) Any changes to the approved design plan or layout plan including distances
from installed STS components to any items having applicable horizontal
isolation distances. A change in location of an STS from that designated on
a layout or design plan shall not be made without prior approval by the
board of health and shall not violate horizontal isolation distances required
by this regulation.
(3) A designated vertical and horizontal reference point or benchmark with its
location marked at the site.
(4) Plan view drawing with elevations for installed STS components per the
design plan or layout plan.
(5) Profile drawings with pipe and component elevations to confirm depths for
hydraulic flow, freeze protection, and other related installation functions.
(6) Any additional information for components and materials may be required
by the board of health including but not limited to manufacturer or supplier
Page 38
9855610
provision of component installation or O &M instructions and verification of
compliance with any start -up procedures or aggregate specifications.
(7) The as -built record shall include a statement by the registered installer, and
the designer as applicable in accordance with paragraph (13)(10) of this
section, indicating that the STS was installed in accordance with all
applicable regulations and plan specifications.
(D) A registered installer completing an as -built record in compliance with this
section or requesting a board of health inspection required in accordance with
paragraph (13)(5) of section 720 -09 of this regulation shall avoid delays that
could result in damage to STS components and affect the STS operational
performance.
Page 39
9855610
720 -10 Sewage source, building sewer, and related fixtures.
This section addresses the flow and waste strength characteristics that will vary
depending on the source of the sewage to be treated by an STS. Also considered in
this section are other conditions that may impact waste strength and flows to a
building sewer. All such conditions need to be identified and understood prior to
considering the design of an STS.
(A) The owner or owner's agent shall provide information on the sources of sewage
from the dwelling or structures to be served by an STS for the board of health
determination of compliance with this section. The board of health may require
submission of building and plumbing plans including plumbing fixture details and
other information as needed.
(B) The daily design flow estimate for an STS shall comply with the following general
provisions unless otherwise specified in this regulation:
(1) Except as provided in paragraphs (13)(3) and (13)(4) of this section, the daily
design flow for an HSTS shall be a peak flow of one hundred twenty gallons
per day per bedroom.
(2) The daily design flow for an SFOSTS shall be determined in accordance with
the design flow table established by OEPA. For an SFOSTS with periodic
large daily flows that are stored to avoid exceeding the one thousand gallon
per day treatment limit, the peak daily design flow shall be greater than the
average of the daily flows and no actual daily flow shall exceed three
thousand five hundred gallons.
(3) An increase in the daily design flow estimate for an STS shall be required by
the board of health when there is an indication that the flows established in
accordance with paragraph (13)(1) or (13)(2) of this section will be exceeded.
Any required increase in daily design flow shall be documented on the
installation permit and operation permit.
(4) A reduction in daily design flow may be approved by the board of health
when the information submitted indicates conditions that justify reduced
flow such as limited fixtures, waterless toilets, in -house graywater recycling,
or other circumstances that may warrant a reduction in daily design flow.
Justification for a proposed reduction in daily design flow shall be included in
the site review application and, if approved, shall be documented on the
installation permit and operation permit.
(C) The waste strength estimate for an STS shall be determined for design purposes
in accordance with the following general provisions unless otherwise specified in
this regulation:
(1) Sewage generated by a dwelling served by an HSTS shall be judged to be
typical residential sewage following primary treatment when the total
suspended solids (TSS) content is not expected to exceed one hundred and
fifty milligrams per liter (mg /L), the five -day biochemical oxygen demand
(BOD is not expected to exceed two hundred and fifty milligrams per liter
(mg /L), or the contents of fats, oils, and greases (FOG) is not expected to
Page 40
9855610
exceed twenty five milligrams per liter (mg /L). Consideration shall be given
to eliminating the use of garbage disposals in kitchen sinks to assist in
maintaining residential waste strength below these maximum levels and to
reduce residuals and the frequency of septage removal.
(2) Any waste prohibited by UIC regulations for introduction into an SFOSTS
shall be source separated and regulated by OEPA.
(3) When the waste strength for an STS is expected to exceed or has exceeded
the typical residential waste strength described in paragraph (C)(1) of this
section:
(a) The design plan shall include loading calculations using values in
accordance with the loading table established by OEPA. Any variation
from the loading table values shall be justified in the design plan
including waste strength characterization information. Board of health
approval for any reduction or increase in loading estimates shall be
documented on the installation permit and operation permit.
(b) Additional pretreatment shall be provided to assure that the STS soil
absorption component receives a waste strength within the range of
typical residential sewage. The method of pretreatment to reduce
waste strength shall be justified in the design plan, reviewed by the
board of health for compliance with this regulation, and, if approved,
shall be documented on the installation permit and operation permit.
(c) When an external grease interceptor is a component of the proposed
pretreatment to reduce waste strength, the external grease interceptor
shall be located, designed, and installed in a manner that will allow
access for inspection and maintenance, including the following:
(i) A source segregated inlet line, when feasible;
(ii) Sized to account for flow volume and temperature; and
(iii) Watertight access risers extended to grade with secure covers.
(D) Building sewers shall carry all sewage flow from the dwelling or structure,
including graywater or other segregated sewage, and shall be connected to an
STS in compliance with this regulation. Building sewers shall comply with the
following:
(1) The elevation of a building sewer shall be aligned to accommodate the plan
elevations of the subsequent STS components and shall be properly bedded
in native soil or sand at a uniform grade of not less than one per cent or one
eighth of an inch per foot.
(2) A building sewer shall be a minimum of ten feet from any household water
supply source and water service line, unless otherwise specified in applicable
state or local regulations.
(3) A building sewer shall be watertight, have a minimum diameter of four
inches and be constructed of durable material conforming to ASTM D 2661
Page 41
9855610
for ABS plastic pipe or ASTM D 2665 for PVC plastic pipe (type DWV) or
equivalent. Pipe, fittings, and joining materials shall be chemically and
physically compatible.
(4) Cleanouts shall be required in a building sewer at any turn in the pipe
greater than forty -five degrees and at the point a building sewer pipe
exceeds one hundred feet and at every one hundred feet interval thereafter.
A turn in the building sewer shall not exceed 90 degrees.
(5) A building sewer shall allow for proper venting of STS components. Traps
shall not be installed in a building sewer.
(6) Casing or other form of protection shall be provided for any portion of a
building sewer located in areas of vehicle traffic or when the building sewer
is subject to other loads that may cause damage.
Page 42
9855610
720 -11 Tanks, pumps, and controls.
This section addresses the STS components of tanks, pumps, and controls, including
dosing provisions and electrical requirements. The purpose of the section is to
assure that tanks are watertight and structurally sound with adequate capacity, and
to assure that tanks, pumps, and controls are selected, installed and maintained to
meet intended performance over time.
(A) Tanks subject to this regulation shall be manufactured to be watertight and
structurally sound including septic tanks, other treatment component tanks,
dosing tanks, pump vaults, HSTS holding tanks and privy vaults, or other
applicable STS components.
(1) The board of health may require watertight testing of any STS component
and accept certifications granted by the Ohio Department of Health.
(2) Tank connections shall comply with the following specifications:
(a) Joint connections shall be watertight. Any joint sealants for concrete
riser connections and tank seams shall be of a butyl rubber blend
meeting material, manufacture, and physical requirements
specifications of ASTM C 990.
(b) Inlet and outlet pipe connections to a tank shall be watertight.
Connectors shall be provided by the tank manufacturer and shall meet
material and manufacture specifications of ASTM C 923.
(3) The board of health may request manufacturer verification that any STS
component is structurally sound. The structural integrity of an STS
component may be demonstrated through the manufacturer's provision of
component design information verifying structural capacity for expected
loads and conditions as certified by a professional engineer or through
structural tests conducted in accordance with recognized standards for the
component or component materials.
(B) Septic tanks used in an STS shall be labeled with the manufacturer's name and
the tank capacity on the top of each septic tank and shall comply with the
following requirements and specifications:
(1) Minimum liquid capacities:
(a) One to two bedrooms - one thousand gallons
(b) Three bedrooms - one thousand five hundred gallons in two tanks or
compartments
(c) Four to five bedrooms - two thousand gallons in two tanks or
compartments
(d) Six or more bedrooms - one thousand gallons plus an additional 250
gallons for each bedroom in two tanks or compartments
Page 43
9855610
(e) SFOSTS - one thousand gallons minimum in two tanks or compartments
with at least two and half times the daily design flow
In two compartment tanks, the first compartment shall not be less than one
half or more than two - thirds of the total capacity of the septic tank and the
transfer port in the center wall shall ensure transfer of liquid from the clear
zone only. When using two tanks, the septic tanks shall be connected in
series, and if differing in size, the first tank in the series shall be the larger
of the two.
(2) The invert level of the inlet shall be not less than two inches above the liquid
level of the tank. A vented inlet baffle or tee shall be fitted by the tank
manufacturer to divert the incoming sewage downward and shall penetrate
at least six inches below the liquid level but shall not be greater than that
for the outlet device.
(3) Unless otherwise specified in this regulation, the outlet shall be fitted by the
tank manufacturer with a vented tee or baffle that shall extend not less than
six inches above and not less than eighteen inches below the liquid level of
the tank, and shall include an effluent filter device that retains solids greater
than one sixteenth of an inch in size.
(4) The septic tank shall have a liquid drawing depth of not less than four feet
and the air gap between the liquid level and internal surface of the top of
the tank shall be at least twelve inches. An alternative means of compliance
with this paragraph includes an air gap of at least fifteen percent of the
liquid capacity by volume with the outlet baffle depth required in paragraph
(B) (3) of this section adjusted as needed to access the middle of the clear
zone.
(5) The septic tank access openings shall be located above the inlet and outlet
of the tank and shall allow adequate space for pumping of the tank and
inspection and maintenance. An access opening and cover shall be provided
above the compartment wall in a two compartment tank unless the transfer
port in the center wall is a pass through opening that allows a shared liquid
level in both compartments. The cover or riser lid shall weigh a minimum of
sixty -five pounds or be secured against unauthorized access.
(6) The tank shall be installed with a minimum of two watertight risers extended
to grade or above grade to provide access to the inlet and outlet of the tank.
The connection of the riser to the tank and the connection of additional riser
sections shall incorporate joint grooves or adapters to prevent lateral
movement of the riser. Riser lids shall prevent infiltration of water and have
secured covers.
(7) The septic tank shall be installed, bedded, and backfilled in accordance with
manufacturer specifications to assure the structural integrity of the tank.
The tank shall be level. To allow for ease of access, the septic tank shall be
installed no deeper than two feet below grade unless the terms of the
installation permit allow for greater septic tank depth and the tank is
designed to withstand the additional load.
Page 44
9855610
(C) Dosing tanks shall be designed and manufactured in accordance with the
following:
(1) Dosing tanks shall be easily accessible and have secured covers. All
connections shall comply with applicable specifications under paragraphs
(A)(2)(a) and (A)(2)(b) of this section.
(2) Dosing tanks shall be selected to accommodate the volume below maximum
drawdown, the maximum design dose including any drainback, and the
design portion of the reserve and surge capacities as applicable. The STS
design shall provide a reserve capacity for high water alarm events that is
not less than the daily design flow. If time dosed, the STS design shall
accommodate combined reserve and surge capacities of not less than one
hundred and fifty per cent of the daily design flow.
(3) A septic tank second compartment or a second septic tank in series may be
used for low volume dosing if all conditions under paragraph (C) (2) of this
section are met and a filtered step system or screened vault is used in lieu
of, or in addition to, the effluent filter device required under paragraph (B)
(3) of this section.
(D) Pumps shall meet the following specifications:
(1) A pump shall be rated for effluent service by the manufacturer and be a UL
or CSA listed product.
(2) The pump shall be properly sized to meet the design flow rate and total
dynamic head requirements specified for the STS.
(3) A quick disconnect shall be accessible in the pump discharge piping, with
adequate lift attachments provided for removal and replacement of the
pump and water level control assembly without having to either enter the
dosing tank or pump the tank to lower the liquid level.
(E) A dosing siphon may only be used if the STS design requirements, including the
design flow rate, dose capacity, and any pressure distribution parameters, can
be met and maintained.
(F) Switches, controls, alarms, and electrical components shall be UL or CSA listed
products, shall be installed in a manner easily accessible for routine monitoring
and maintenance, and shall comply with the following:
(1) Switches and controls shall accommodate the minimum and maximum dose
capacities of the specified distribution component.
(2) An elapsed time meter, counter, and /or flow meter shall be included in those
STS having any dosing component. Time dosed STS shall include flow
meters, counters, and control panels with programmable timers, manual
pump operation, test features, and as applicable, adjustable override
settings for high water alarm conditions.
(3) Controls shall have both audible and visual alarms. Alarms and controls
shall be on a separate frequently used circuit from dedicated circuits for
Page 45
9855610
each pump or motor. The board of health may require that the alarm be
located in closer proximity to the dwelling or structure when the STS
location is remote.
(4) Control panels and alarms shall be mounted in an easily accessible exterior
location, shall be field- tested to assure compliance with the STS
specifications, and shall include written instructions related to standard
operation and alarm events.
(G) The designer and /or installer shall assure that all electrical wiring meets the
national electric code.
(H) STS components described in this section shall be installed, operated and
maintained as specified by the manufacturer or the approved plan.
Page 46
9855610
720 -12 Effluent quality standards and pretreatment provisions.
Effluent quality standards are established through various means including NPDES
permit requirements, provisions in this section, and under risk conditions that may
warrant nutrient reduction. This section addresses secondary or higher quality
effluent from a pretreatment component. The provisions of this section relate to the
pretreatment component approval process and the selection of pretreatment
components in compliance with effluent quality standards established in this section
or NPDES permit requirements when applicable.
(A) The following effluent quality standards are performance standards applied in
advance of effluent distribution to a soil absorption component, excluding
effluent generated from a septic tank or other means of primary treatment.
Pretreatment components approved in compliance with this section are deemed
to comply as applicable for effluent quality standards in this paragraph and are
not subject to routine sampling for performance monitoring.
(1) BOD standard - Compliance with this standard requires that effluent
meet the thirty -day average of less than thirty milligrams per liter (mg /L)
for five -day biochemical oxygen demand (BOD and total suspended solids
(TSS) to utilize STS sizing criteria addressed in paragraph (F)(1)(a) of
section 720 -13 of this regulation.
(2) Fecal coliform standards - Compliance with the pathogen reduction
standards listed below requires that effluent meet the thirty -day geometric
mean of the standard to utilize the soil depth credits or other applicable
provisions of 720 -13 of this regulation.
(a) less than or equal to ten thousand colonies /one hundred mL allows for a
one foot soil depth credit
(b) less than or equal to one thousand colonies /one hundred mL allows for
a two foot soil depth credit
(c) less than or equal to two hundred colonies /100 mL required for
restricted surface application
(d) less than or equal to twenty colonies /one hundred mL required for
unrestricted surface application
Alternate E.coli standards may also be used to determine compliance if
approved by the director of health.
(3) Nutrient standards - Nutrient reduction standards for pretreatment
components shall be established when there is a significant risk of nutrient
contamination to surface or ground water due to risk factors identified in the
site evaluation or risk due to proximity to local, state, or federally
recognized nutrient sensitive environments.
(B) One year after the effective date of this section, a pretreatment component shall
only be permitted by the board of health for use in an STS if approved by the
department of health in accordance with this paragraph.
Page 47
9855610
(C) Pretreatment components shall be designed to have effluent sampling capability
at the endpoint of the treatment process prior to dispersal or discharge. In
addition, pretreatment components combining separate treatment and
disinfection units shall provide effluent sampling capability between the
treatment and disinfection units. Disinfection units shall not discharge
disinfection residuals to a soil absorption component.
(D) Covers shall be secured and be easily accessible for monitoring and maintenance
of the entire pretreatment component.
(E) Pretreatment components that are housed in a septic tank second compartment
or a second septic tank in series shall assure that the pretreatment component
design, or the STS design which includes the pretreatment component, prevents
passage of solids greater than one sixteenth of an inch in size.
(F) Installation shall be conducted in a manner consistent with manufacturer or
designer specifications to allow for proper O &M and monitoring of the
pretreatment component. All pretreatment components shall have written O &M
instructions with time lines for service and the registered installer shall provide
the O &M instructions to both the owner and the board of health as a condition of
installation approval.
(G) STS pretreatment components shall be operated, maintained, and monitored as
necessary to assure compliance with any applicable effluent quality standards
established in this section or the final effluent limitations set forth in a valid
NPDES permit for HSTS. Sampling of NPDES discharges shall be performed in
accordance with the NPDES permit monitoring requirements.
(H) To assure that a pretreatment component is operated and maintained in
accordance with O &M instructions for the life of the component, as a condition of
the operation permit required in paragraph (C) of section 720 -09 of this
regulation, the board of health shall require the STS owner to obtain and
maintain a service contract for any pretreatment component or components
permitted for BOD sizing reduction, pathogen reduction soil depth credit,
nutrient reduction, or NPDES compliance.
9855610
720 -13 Soil absorption provisions.
This section addresses technical standards for the siting and design of a soil
absorption component. The section assigns vertical separation distances to allow for
treatment in the soil profile and provides options for sites where adequate depth of
suitable soil is not available. This section applies to all STS soil absorption
components and includes provisions for applying soil depth credits, determining
loading rates, and general design and installation requirements. The three
supplemental sections for leach lines, mounds, and drip distribution do not substitute
for the provisions in this section nor do they preclude the use of any soil absorption
component that may be designed to comply with this section.
(A) For new STS installed after July 10, 2007, soil absorption components shall
maintain a vertical separation distance of at least two feet to any limiting
condition with the exception of bedrock, rock, and other fragments which require
at least four feet of vertical separation distance. The vertical separation
distance is the depth from the infiltrative surface of the distribution system of
the soil absorption component to a limiting condition.
(B) For new STS installed after July 10, 2007, a minimum vertical separation
distance of one foot of in situ soil shall be maintained. A vertical separation
distance established in paragraph (A) of this section may be reduced through the
use of soil depth credits as specified in paragraph (C) of this section, provided
the minimum one foot vertical separation distance is maintained within suitable
in situ soil. The area of the suitable in situ soil to be used for the soil absorption
component shall be free of any limiting conditions within the horizontal and
vertical distances designated for treatment and dispersal.
(C) Soil depth credits for infiltrative surface elevation, pretreatment pathogen
reduction and /or timed micro -dosed distribution shall be available as follows and
in accordance with this regulation. A one foot credit may be applied for those
limiting conditions requiring a two foot vertical separation distance. For bedrock,
rock and other fragments requiring a four foot vertical separation distance, soil
depth credits may be used individually or in combinations not to exceed a
maximum of two feet of credit:
(1) A one -to -one equivalency soil depth credit shall apply to soil absorption
components that elevate the infiltrative surface of the distribution system to
achieve vertical separation distance. Sand fill material in an elevated soil
absorption component such as a mound system shall comply with applicable
design specifications including the preparation of the sand soil interface and
sand placement requirements. The loading rate for the sand fill material
shall not exceed 1.0 gpd /ft Concrete sand meeting ASTM C 33 for fine
aggregate may be used provided the material meets the following
specifications:
(a) An effective size in the range of 0.15 to 0.30 mm;
(b) A uniformity coefficient in the range of four to six;
(c) No more than twenty per cent by weight is gravel greater than two mm;
and
Page 49
9855610
(d) No more than five per cent by weight is silt and clay less than 0.053
mm.
(2) Soil depth credits shall apply for pathogen reduction as specified for effluent
meeting the fecal coliform standards and pretreatment component
requirements of section 720 -12 of this regulation.
(3) A soil depth credit of one foot shall apply when distribution to the soil
absorption area provides for timed micro - dosing controlled at each point of
application not to exceed one quarter gallon per dose and one gallon per
four square feet of infiltrative area for each point of application per day. A
soil absorption component in compliance with the requirements of section
720 -13.3 of this regulation shall be eligible for this soil depth credit when
the provisions of this paragraph are met.
(D) The board of health, in its discretion, may only grant a variance to paragraphs
(A) and (B) of this section in accordance with this paragraph and section 720 -18
of this regulation.
(1) The board of health may grant a variance for an alteration or replacement of
an STS existing prior to July 10, 2007, reducing the vertical separation
distances required in paragraph (A) of this section for perched seasonal high
water tables and associated restrictive soil layers when the board of health
contends that allowing the use of HSTS specified by variance on sites with
these two related limiting conditions will provide sufficient treatment to
improve, prevent, or correct an existing failed STS causing a public health
nuisance and to protect and preserve public health and the environment.
Any such variance shall only be approved by the board of health in
accordance with the following provisions and performance requirements:
(a) The infiltrative surface of the soil absorption component shall be
installed at or above the perched seasonal high water table and above
the associated restrictive soil layer, unless specified by the Board of
Health.
(b) A gradient drain or drainage system permitted by variance in
accordance with paragraph (D) (1) of this section that is intended to
influence the perched seasonal high water table shall be considered a
component of the HSTS and shall comply with the following as
applicable:
(i) A gradient drain intended to facilitate the subsurface flow of a
perched seasonal high water table shall be no closer than a
horizontal distance of eight feet from the closest edge of the
infiltrative surface and shall be placed no deeper than the restrictive
layer.
(ii) A drainage system designed to lower a perched seasonal high water
table shall only be approved by variance when the HSTS design
includes the drainage system specifications, projected drawdown
below the soil absorption component based on the peak daily
Page 50
9855610
loading rate, annual precipitation, and soil characteristics, and a
means to measure the depth of the water table at multiple locations
within the area of the soil absorption component.
(iii) The outlet and outfall of a drain shall comply with paragraph (D)(3)
of section 720 -14 of this regulation.
(c) Sampling shall be conducted at least twice annually by the board of
health for every third installation approved in the first year following the
effective date of this section. Sampling costs associated with this
paragraph shall be incorporated in STS program fees rather than
charged to individual STS owners. Samples shall be collected during the
winter and /or spring when saturated soil conditions are present due to
the presence of the perched seasonal high water table. An HSTS
approved under the conditions of paragraph (D) (1) of this section shall
meet a treatment performance standard of less than two hundred fecal
coliform colonies per one hundred mL unless specified by the Board of
Health at sampling locations as follows:
(i) At the outlet of a drain permitted in accordance with paragraph (D)
(1) (b) of this section or a sampling well installed in advance of an
inaccessible drain outlet in accordance with department of health
requirements.
(ii) In the case where a drain is not used, sampling ports shall be
installed in accordance with department of health requirements at a
horizontal isolation distance of ten feet from the HSTS soil
absorption component.
(E) The following requirements for effluent distribution to the soil absorption
component shall be met, as applicable:
(1) Gravity distribution of effluent shall be used in accordance with this
regulation and any referenced design specifications in accordance with
paragraph (G)(6) of this section and in compliance with the following
conditions and limitations:
(a) Septic tank effluent may be distributed by gravity to an in situ soil
absorption component meeting the vertical separation distances
described under paragraph (A) of this section.
(b) Effluent from a pretreatment component meeting the BOD soil
loading rate selected in accordance with paragraph (F)(1)(a) of this
section may be distributed by gravity to in situ soil having at least two
feet of vertical separation distance from the shallowest limiting
condition.
(c) Effluent from a pretreatment component meeting the one foot pathogen
reduction credit may be distributed by gravity to in situ soil having at
least three feet of vertical separation distance to bedrock, rock, and
other fragments provided there are no shallower limiting conditions.
Page 51
9855610
(d) Effluent meeting the BOD /TSS and /or pathogen reduction standards in
section 720 -12 of this regulation shall not be applied by gravity
distribution to the infiltrative surface of in situ soils that have loamy
sand or coarser textures and allow rapid access to ground water.
(2) Uniform distribution of effluent across the infiltrative surface of the soil
absorption component shall be used in accordance with this regulation and
any referenced design specifications in accordance with paragraph (G)(6) of
this section and in compliance with the following conditions and limitations:
(a) Uniform distribution shall be required when applying effluent to the sand
fill infiltrative surface of an elevated soil absorption component.
(b) Uniform distribution shall be required when using pretreatment
component effluent quality meeting the BOD /TSS and /or pathogen
reduction standards in section 720 -12 of this regulation except as
specified in paragraph (E)(1) of this section.
(c) The means of distribution may include but are not limited to pressure
distribution in a low pressure pipe system for leaching trenches or
mounds and drip distribution in accordance with this regulation.
(3) Surface application of effluent meeting fecal standards under paragraphs
(A)(2)(c) and (A)(2)(d) of section 720 -12 of this regulation shall comply
with this regulation and any referenced design specifications in accordance
with paragraph (G)(6) of this section.
(F) The soil absorption component area shall be of adequate size and configuration
to disperse the effluent and prevent surface seepage. When sizing the soil
absorption area the following requirements shall be met:
(1) Soil loading rates, including basal loading rates for sand fill systems, shall be
based on effluent quality and on soil structure, texture, and consistence and
shall be justified through reference to soil and site evaluation information
and the loading rate estimates referenced in the Appendix I to this
regulation.
(a) The selection of soil loading rates based on effluent quality shall be
limited to a rate for septic tank effluent or a rate for effluent meeting
the BOD /TSS standard under paragraph (A)(1) of section 720 -12 of
this regulation.
(b) The structure, texture, and consistence of the most limiting in situ soil
layer within the vertical separation distance shall be used to determine
a soil loading rate.
(2) Linear loading rate (LLR) estimates shall be used to determine the required
length of the distribution system parallel to surface contours and shall be
based on soil characteristics, land slope, and depth to limiting conditions.
LLR estimates shall be justified through reference to soil and site evaluation
information and the loading rate estimates referenced in the appendix to
this regulation. If site and soil conditions indicate horizontal subsurface
flow, the minimum horizontal isolation distances shall be increased in
Page 52
9855610
undisturbed areas around the perimeter or downslope of the soil absorption
component as necessary for adequate dispersal and prevention of surface
seepage.
(G) General requirements for designing an STS soil absorption component are as
follows:
(1) Effluent dispersal components shall be oriented parallel to natural surface
contours and shall not be sited on slopes exceeding limitations specified in
this regulation or applicable design manuals or product specification as
referenced in accordance with this paragraph.
(2) Observation ports shall be provided to monitor the infiltrative surface of the
soil absorption component as required in this regulation and when
determined to be necessary by the board of health.
(3) Designs shall prevent damage to components or operational failures due to
freezing temperatures.
(4) For short term repairs or resting of a soil absorption component, easily
accessible shut -off mechanisms shall be provided to allow for segregation of
flows to portions of the soil absorption component. Examples of such
mechanisms include but are not limited to shut -off valves at a mound
manifold split or drop box plugs for serial distribution leach lines.
(5) Pressure distribution networks shall have a means of measuring design
pressure or operating head for both initial baseline measurement and future
monitoring of orifice clogging and other network operations and shall include
a means of scouring or flushing distribution laterals.
(6) The design plan or layout plan for a soil absorption component may include
referenced design manuals, such as the Franklin County Board of Health
Sewage Treatment System Design Manual and Management
Strategy, proprietary soil absorption component specifications including
those for gravelless and chamber products, or alternative aggregate
product specifications provided these do not conflict with this regulation.
Unless an available internet source for any referenced manual or
specification is included in a design plan or layout plan, the design manual,
proprietary soil absorption component specifications, or alternative
aggregate product specifications shall accompany the plan. Inclusion of
referenced resources does not substitute for critical information or
calculations required for board of health approval of a design or layout plan.
The Franklin County Board of Health Sewage Treatment System
Design Manual and Management Strategy may be required as a
reference for the design and layout of STS.
(H) Installation shall be conducted by a registered installer in a manner consistent
with an approved plan to assure proper operation and future servicing or
monitoring of the soil absorption component.
(1) Soil moisture conditions shall be evaluated at the time of installation, and
the excavation or preparation of the soil infiltration interface, such as a
Page 53
9855610
trench or basal area, shall not proceed when there is a risk of smearing or
compaction as evidenced by a deformability test, commonly referred to as
ribboning, or other means established by the board of health.
(2) Proprietary soil absorption components or alternative aggregate product
specified in an approved design plan or layout plan shall be installed in
accordance with the manufacturer's installation instructions or product
specifications provided these do not conflict with this regulation.
(3) Testing of any pressure distribution components shall be conducted prior to
installation approval by the board of health. Flow rate and distal pressure or
operating head shall meet specifications and a baseline shall be recorded for
future performance monitoring.
(4) Baseline records and any soil absorption component O &M instructions shall
be provided by the installer to both the owner and the board of health as a
condition of installation approval.
(I) STS soil absorption components shall be operated, maintained, and monitored as
required by the operation permit issued by the board of health to assure
compliance with the requirements of this regulation. A registered service
provider offering a service contract for an STS that includes a soil absorption
component along with the component or components targeted for service, shall
also service and /or monitor the soil absorption component.
Page 54
9855610
720 -13 APPENDIX I
Loading rate estimates are provided in Table 1 of the following published documents
available through the Small Scale Waste Management Project (SSWMP) at University of
Wisconsin, Madison:
Hvdraulic Wastewater Loading Rates to Soil E. J. Tyler. 2001. Proceedings of the 9 t '
International Symposium on Individual and Small Community Sewage Systems. ASAE.
Saint Joseph, MI. P.80 -86. http: / /www.wisc.edu /sswmp /SSWMP 4.43.pdf
Designing with Soil: Development and Use of a Wastewater Hvdraulic Linear and
Infiltration Loading rate Table E. Jerry Tyler and Laura Kramer Kuns. 2000. Conference
Proceedings. NOWRA. Grand Rapids, MI.
http: / /www.wisc.edu /sswmp /SSWMP 4.42.pdf
The selection of a soil loading rate or basal loading rate (referred to as infiltration loading
rate in Table 1) and a linear loading rate (referred to as hydraulic linear loading rate in
Table 1) shall be justified in an HSTS layout plan or an STS design plan. The following
shall be considered when utilizing the values provided in the references cited in this
appendix:
1. Table 1 values assume a higher daily design flow than that established in this
regulation. Daily design flows generally include a margin of safety and usually are
specified as peak flows. Selected loading rate values may differ depending on the
incorporation of other safety factors. Some designs may include a means to attenuate
peak flows and limit the actual daily flow to a volume significantly less than the peak
daily design flow.
2. Table 1 values are estimates. Many factors should be considered when selecting
loading rates, starting with close attention to the information from the site and soil
evaluation for the specific site selected for the soil absorption component. Other
factors include but are not limited to the type of soil absorption component and its
configuration and landscape position.
3. Some of the spaces in Table 1 have values of 0.0 for the infiltrative loading rate or are
blank for hydraulic loading rate values. Table 1 also does not account for depths of
less than eight inches to a limiting condition. This indicates that the site conditions
that relate to these circumstances could be unsuitable or very challenging for STS
performance. Very conservative loading rates should be selected for such site
conditions when an STS is not otherwise prohibited by this regulation.
Page 55
9855610
720 -13.1 Leaching trench requirements.
This section provides siting conditions for gravity fed leaching trench soil absorption
components with either parallel or serial distribution. If preparing a leaching trench
HSTS layout plan for an owner, a registered installer must meet the requirements in
this section. A layout plan would accompany the site review application for a site
that has been evaluated and determined to have adequate area and suitable soils to
accommodate leaching trenches.
(A) Leaching trench soil absorption components are subject to this regulation
including the following conditions:
(1) Paragraph (B) of this section shall only apply to leaching trench soil
absorption components with gravity distribution from a septic tank or
pretreatment component in compliance with this regulation and the
provision in paragraph (E)(1) of section 720 -13 of this regulation.
(2) Site modification and siting limitations for leaching trench soil absorption
components include but are not limited to the following:
(a) Gradient drains shall not be used with leaching trench soil absorption
components except as provided in paragraph (D) (1) (b) of section 720-
13 of this regulation. A leaching trench soil absorption component shall
be sited to avoid natural drainage features and depressions that may
hold surface water. The plan for a leaching trench STS shall address
surface water diversion as needed. An interceptor drain in compliance
with paragraph (D) of section 720 -14 of this regulation may be used
upslope of a leaching trench soil absorption component.
(b) A leaching trench shall not be sited on slopes greater than fifteen
percent unless the STS plan includes special installation criteria.
(c) Sites with large trees or numerous smaller trees are less desirable for
leaching trenches and such conditions shall be avoided or shall be
identified and addressed in the STS plan.
(B) A registered installer providing a layout plan for a leaching trench HSTS shall
comply with paragraph (A) of section 720 -09.1 of this regulation and this
paragraph. While a design plan prepared in accordance with paragraph (B) of
section 720 -09.1 of this regulation may vary from the requirements of this
paragraph, a leaching trench soil absorption component layout plan prepared by
a registered installer shall comply with the following:
(1) The soil loading rate and linear loading rate shall be determined from the
site and soil evaluation information required in section 720 -08 of this
regulation. For the purpose of sizing, the soil loading rate shall apply to the
trench length and the trench width specified for the leaching trench material
or component. The trench shall have a minimum width of eight inches and
shall not exceed two feet in width. The depth shall be a minimum of
eighteen inches but not more than thirty inches. The linear loading rate shall
be used to establish the minimum total length of the soil absorption area
required parallel to the natural surface contours. This minimum length and
Page 56
9855610
the specified trench width shall be used to determine the number of leaching
trenches needed to accommodate the daily design flow. A leaching line shall
have a maximum length of one hundred fifty feet. Additional leaching
trench may be specified for the purpose of providing capacity for resting a
portion of the absorption area.
(2) A pipe and gravel leaching trench shall have a minimum of twelve inches of
gravel extending two inches above and six inches below a four inch
perforated pipe. Gravel shall be washed or thoroughly rinsed to avoid the
accumulation of fines in the trench and shall meet an AASHTO M 43 sizing
for coarse aggregate with at least seventy per cent by weight in the range of
three - fourth to one and one -half inch. Use of other leaching trench material
such as alternative aggregate or proprietary gravelless and chamber -
components shall be specified in accordance with paragraph (G)(6) of
section 720 -13 of this regulation.
(3) A leaching trench bottom shall be level along its length and shall follow the
natural surface contour maintaining the specified trench depth from the
natural surface of the ground along the entire trench length. The grade
shall not exceed a fall of three inches in fifty feet. For shallow trenches with
sidewalls extending above grade, the layout plan shall specify the trench
materials or components and any fill or backfill specifications. Any fill placed
prior to trench excavation shall be in compliance with paragraph (A)(3) of
section 720 -14 of this regulation.
(4) The minimum center to center distance between two trenches shall be six
feet. This distance shall be increased on wooded sites and sites with slope
or irregular contours as necessary to avoid trees and to accommodate
variations in the surface contour. The minimum distance between any
leaching line and interceptor drain shall be eight feet.
(5) The means of flow distribution and management in accordance with
paragraph (G) of section 720 -13 of this regulation and this section shall
include:
(a) Specification of either parallel or serial distribution with components to
be used having access to grade and a mechanism for flow diversion.
(b) Distribution component connections between the tank or another
distribution component and to a leaching trench shall be watertight and
shall include properly supported rigid solid wall pipe to prevent settling
and damage under normal loads and operating conditions.
(c) A means for determining the liquid level or capacity of a leaching trench
shall be provided. If an inspection port is used or required by the board
of health, the port shall be anchored and accessible with at least a four
inch opening and a removable watertight cap.
(6) Geotextile fabric or straw covering for aggregate trenches or other barrier as
specified for proprietary components shall be used to prevent introduction of
soil fines and allow for free movement of air and water.
Page 57
9855610
(7) The soil cover shall have a depth of at least six inches after settling or as
specified for a proprietary product and shall be of a quality to allow for
oxygen transfer and growth of vegetation.
(C) In addition to the applicable installation requirements of paragraph (H) of section
720 -13 of this regulation and the as -built record required in paragraph (C) of
section 720 -09.1 of this regulation a leaching trench installation shall comply
with the following requirements:
(1) The full soil absorption area shall be free of any site disturbance. If any
disturbance or damage has occurred, installation shall not proceed and the
registered installer shall contact the owner and the board of health.
(2) Prior to excavation the registered installer shall check all elevations in the
layout plan relative to the established benchmark including the surface
contour and proposed bottom elevation of each trench and the flow line
elevation of other STS components to assure proper flow through the
system.
(3) When soil conditions are suitable, leaching trenches shall be installed to
meet all of the specifications and requirements of this regulation. The as-
built record shall provide sufficient documentation of excavated trench
bottom and natural surface grade elevations to prove compliance. Leaching
trench material shall be placed in a manner that prevents compaction of the
infiltrative surface. Open trenches shall be avoided for any length of time to
prevent impacts from sediments in runoff and windblown silt.
(4) Suitable backfill and cover material as required in this section or proprietary
component specifications shall not be compacted and shall allow for settling
unless otherwise specified by the proprietary product installation
instructions. The completed STS area shall be protected from erosion
through surface water diversion and provision of suitable vegetative cover,
mulching, or other specified means of protection. The land surface shall be
graded so as to exclude surface drainage from the HSTS.
(D) In conjunction with any operation permit conditions or O &M management
provisions required in this regulation or by the board of health, the O &M of a
leaching trench STS shall include but is not limited to monitoring the liquid level
or capacity of the leaching trench soil absorption component, management of
flow diversion mechanisms for the purpose of resting portions of the soil
absorption area, and checking for surface water infiltration or clear water flows
from the dwelling or structures into the STS or onto the soil absorption area. The
Franklin County Board of Health Sewage Treatment System Design Manual and
Management Strategy may be required as a reference for the design, layout,
and management of STS.
Page 58
9855610
720 -13.2 Mound with pressure distribution requirements.
This section provides siting conditions for a septic tank / mound soil absorption
system and includes requirements for the pressure distribution network. If
preparing an HSTS mound layout plan for an owner, a registered installer must meet
the requirements in this section. A layout plan would accompany the site review
application for a site that has been evaluated and determined to have adequate area,
suitable soils, and at least one foot of vertical separation to any limiting condition.
(A) Mound soil absorption components are subject to this regulation including the
following conditions:
(1) Paragraph (B) of this section shall only apply to a mound soil absorption
system having septic tank effluent dosed to a pressure distribution network
in compliance with this regulation and the elevation soil depth credit
provision in paragraph (C)(1) of section 720 -13 of this regulation.
(2) Site modification and siting limitations include but are not limited to the
following:
(a) An interceptor drain in compliance with paragraph (D) of section 720 -14
of this regulation may be used upslope of a mound soil absorption
component. Gradient drains shall not be used with mound soil
absorption components addressed in this section. The mound
component shall be sited to avoid natural drainage features and
depressions that may hold surface water. A plan for a mound soil
absorption component shall address surface water diversion as needed.
(b) A mound soil absorption component shall not be sited on a slope greater
than fifteen percent.
(c) Sites with boulders or numerous trees are less desirable for a mound
soil absorption component. Such conditions shall be avoided or the STS
plan shall increase the basal area to compensate for losses due to
boulders or flush cut trees and shall include special instructions for the
basal area preparation under such conditions.
(B) A registered installer providing a layout plan for an HSTS mound shall comply
with paragraph (A) of section 720 -09.1 of this regulation and this paragraph.
While a design plan prepared in accordance with paragraph (B) of section 720-
09.1 of this regulation may vary from the requirements of this paragraph, a
layout plan prepared by a registered installer shall comply with the following
requirements:
(1) For the purpose of sizing, the soil loading rate and linear loading rate shall
be determined from the site and soil evaluation information required in
section 720 -08 of this regulation. Conservative loading rate values shall be
selected on sites having depths between one to two feet from the surface of
the ground to limiting conditions. When the daily average flow from a
dwelling is expected to exceed sixty percent of a peak daily design flow of
one hundred twenty gallons per day per bedroom, the peak daily design flow
Page 59
9855610
shall be increased accordingly. The peak daily design flow and the linear
loading rate shall establish the minimum continuous length of the mound
soil absorption area parallel to the natural surface contour. For the
purposes of paragraph (B) of this section, a mound may not be split or sited
at different contour elevations.
(2) The mound sand fill depth shall be determined based on the depth to the
limiting conditions and the sand fill depth shall not exceed two feet other
than for a slope adjustment. The loading rate for the sand fill material shall
not exceed 1.0 gpd /ft Concrete sand meeting ASTM C 33 for fine
aggregate may be used provided the material meets the following
specifications:
(a) An effective size in the range of 0.15 to 0.30 mm;
(b) A uniformity coefficient in the range of four to six;
(c) No more than twenty per cent by weight is gravel greater than two mm;
and
(d) No more than five per cent by weight is silt and clay less than 0.053
mm.
(3) The layout plan shall include the calculations used for determining the
distribution area width and length and the basal area width and length
including any variation due to slope and the subsequent increase in sand fill
depth. The layout plan may include references to mound resource manuals.
(4) The depth of the distribution area shall be at least nine inches with a
minimum of six inches of durable aggregate beneath the distribution pipe
and at least one inch of aggregate over the pipe. Washed or thoroughly
rinsed gravel meeting an AASHTO M 43 sizing for coarse aggregate with at
least seventy percent by weight in the range of three - fourth to one and one -
half inch shall be used for the distribution area unless the layout plans
specify the use of other material such as alternative aggregate or
proprietary components in accordance with paragraph (G)(6) of section 720-
13 of this regulation.
(5) The means of pressure distribution and management shall be in accordance
with paragraph (G) of section 720 -13 of this regulation and the following:
(a) Distribution component connections shall be watertight and shall include
properly supported rigid solid wall pipe to prevent settling and damage
under normal loads and operating conditions.
(b) The layout plan shall include the entire network configuration including
pipe lengths and sizes for the force main, any force main branches,
manifolds, and laterals with orifice size, spacing and shielding and also
the calculations used to determine dose volume and pump selection
within the following specification:
(i) Each dose shall deliver to the distribution area no greater than one
fourth of the daily design flow and at least five times the void
Page 60
9855610
volume of the laterals. Doses shall be delivered with minimum
intervals of at least four hours between doses.
(ii) The orifice number and spacing shall provide distribution of no more
than six square feet per orifice with an orifice size of not less than
three - sixteenth inch. The method of orifice shielding shall be
specified in the plan.
(iii) The selected distal pressure head to be maintained at the end of
each lateral shall be between two to five feet using a higher
pressure head when selecting smaller orifice sizes.
(c) The dosing tank size and the pump, control, and alarm specifications
shall be included with the layout plan and the plan shall indicate the
float switch settings used to accommodate the dose volume including
any drainback to the dosing tank. The dosing tank size shall be of
sufficient size to accommodate surge storage necessary for the
proposed system design.
(d) The following shall be provided for O &M and monitoring:
(i) At least three inspection ports shall be spaced at intervals adequate
for observation of distribution and any ponding at the sand fill
surface. The ports shall be anchored and be accessible with at least
a four inch opening and a removable watertight cap.
(ii) An access port shall be provided for the required shutoff mechanism
to portions of the distribution network.
(iii) Accessible turn -ups shall be provided at the end of each lateral for
the purpose of flushing the laterals and testing distal pressure head.
(6) A geotextile fabric or straw covering of the aggregate in the distribution area
or other barrier as specified for proprietary components shall be used to
prevent introduction of soil fines and allow for free movement of air and
water.
(7) The soil cover shall be at least six inches over the entire mound and the
mound shall be crowned to promote runoff. Soil cover shall be of a quality
to allow for oxygen transfer and growth of vegetation and to add frost
protection.
(C) In addition to the applicable installation requirements of paragraph (H) of section
720 -13 of this regulation and the as -built record required in paragraph (C) of
section 720 -09.1 of this regulation, a mound soil absorption component
installation shall comply with the following requirements:
(1) The full soil absorption area shall be free of any site disturbance. If any
disturbance or damage has occurred, installation shall not proceed and the
registered installer shall contact the owner and the board of health.
(2) Prior to excavation the registered installer shall check all elevations in the
layout plan relative to the established benchmark including the surface
Page 61
9855610
contour and the flow line elevation of other STS components to assure
proper flow through the system.
(3) When site conditions are suitable, the mound soil absorption component
shall be installed to meet all of the specifications and requirements of this
regulation. The as -built record shall provide sufficient documentation of
installed components and natural surface grade elevations to prove
compliance.
(4) The mound shall be installed according to the layout plan and any
referenced resource and shall comply with the following:
(a) All vegetation shall be cut close to the ground and removed from the
site. Stumps, roots, sod, topsoil, and boulders shall not be removed.
The force main should be installed from the upslope side. All vehicle
traffic on the basal area and downslope area of the mound should be
avoided with installation work being conducted from the upslope side or
end of the mound basal area.
(b) The basal area of the mound shall be prepared to provide a sand /soil
interface and to improve infiltration if needed. The basal area
preparation shall not damage the structure of the soil infiltrative
surface. Any basal scarification or other basal area preparation shall be
conducted working along the contour. An inspection of the basal area is
required by the board of health prior to placement of sand fill. Sand
may be incorporated into the basal area during the preparation process.
Following basal preparation, a layer of sand fill shall be placed on the
entire basal area to prevent damage from precipitation and foot traffic.
(c) The specified depth and sufficient amount of sand fill shall be placed to
cover the basal area, form the absorption area, and shall not exceed 3:1
side slopes. The distribution area shall be formed to the specified
dimensions and the sand surface of the distribution area shall be level.
(d) Construct and install all components of the distribution network and
observation ports. An inspection of the distribution network is required
by the board of health prior to placement of required soil cover.
(e) Cover the distribution area with straw, geotextile fabric, or other
product as applicable and place the required soil cover over the mound.
(5) The completed STS area shall be protected from erosion through surface
water diversion and provision of suitable vegetative cover, mulching, or
other specified means of protection.
(6) The as -built record shall include the observed height of the distal pressure
head and float switch settings as baseline measures for future O &M and
monitoring.
(D) In conjunction with any operation permit conditions or O &M management
provisions required in this regulation or by the board of health, the O &M of a
mound soil absorption system shall include but is not limited to checking the
mound vegetative cover for erosion or settling and any evidence of seepage on
Page 62
9855610
the sides or toes of the mound, flushing of distribution laterals, checking for
ponding in the distribution area, monitoring the dose volume and distal pressure
head of the distribution system, and checking for any surface water infiltration
or clear water flows from the dwelling or structures into STS components or
around the mound soil absorption area. The Franklin County Board of Health
Sewage Treatment System Design Manual and Management Strategy may be
required as a reference for the design, layout, and management of STS.
Page 63
9855610
720 -13.3 Drip distribution requirements.
All drip distribution systems utilized for this section must obtain Ohio Department of
Health system assurance approval or Technical Advisory Committee special device
approval.
This section provides for the use of drip distribution as a component of an STS that is
fully supported by a responsible party providing assurances of this support. The
described assurance process is intended to promote coordination of the siting,
design, installation, and O &M of a drip distribution STS. Drip distribution meeting
these requirements allows for the use of a soil depth credit for additional treatment
and dispersal benefits including increased retention time and oxygen transfer due to
time controlled micro -dosed application to the biologically active upper horizon of the
soil profile.
(A) The drip distribution requirements in this section are subject to the following
conditions:
(1) Drip distribution components that are part of a fully supported STS in
compliance with this section shall be eligible for a soil depth credit in
accordance with paragraph (C)(3) of section 720 -13 of this regulation.
(2) Any person intending to act as the responsible party providing a fully
supported drip distribution STS shall submit written assurances of
compliance with this section to the department of health for approval. In
addition to the written assurances, a submittal shall include sample plans,
manuals for the drip distribution and other STS components as applicable,
and any other information necessary to demonstrate compliance. The
written assurances shall indicate how the responsible party shall comply with
the following:
(a) Assure that the site and soil conditions and limitations reported for each
site represent accurate information.
(b) Assure that design plans comply with this regulation and the additional
requirements of this section.
(c) Assure the provision of training to installers and oversight as necessary
to assure proper installation.
(d) Assure that upon completion of an installation, a system start -up is
conducted to establish baseline performance and compliance with
design specifications.
(e) Assure that qualified and registered service providers are available to
conduct O &M for the entire system through the service contract
requirements of paragraph (C) of this section. Forms, programs, or
instructions supporting start -up procedures and O &M service and
monitoring shall be provided with the written assurances.
(3) The board of health may not issue a permit to install for a drip distribution
STS until the written assurances required in this section have been
approved by the department of health. Following the initial department of
Page 64
9855610
health approval, the board of health shall notify the department of health
when a responsible party does not comply with the assurance requirements
in paragraphs (A)(2)(a) to (A)(2)(e) of this section.
(B) Referenced manuals and technical resources may be used for general design,
but a drip distribution STS shall comply with this regulation and the following
requirements:
(1) Siting limitations and site modification shall include but are not limited to
the following:
(a) The drip distribution component shall be sited to avoid natural drainage
features and depressions. The design plan shall address surface water
diversion as needed.
(b) An interceptor drain in compliance with paragraph (D) of section 720 -14
of this regulation may be used upslope of the soil absorption
component.
(c) Drip distribution shall not be sited on slopes greater than fifteen percent.
(2) Areas designated for installation and replacement shall be undisturbed and
be protected from damage or disturbance. The design plan shall specify
that any disturbance or damage may result in the invalidation of the design
plan. If any disturbance or damage has occurred, installation shall not
proceed and the registered installer shall contact the owner, the drip
distribution responsible party, and the board of health. Installation of
subsurface drip tubing or preparation of the soil infiltration interface for at-
grade or elevated sand fill drip fields shall not proceed when there is a risk
of smearing or compaction.
(3) The design plan shall indicate the vertical separation distance from the drip
tubing to limiting conditions and justify the placement of the drip tubing at a
specific subsurface depth not to exceed one foot, at- grade, or a specific
sand fill elevation not to exceed one foot. When placement is at -grade or on
sand fill, basal area preparation shall be specified in the design plan. Any
sand fill shall meet the specifications in paragraph (C)(1) of section 720 -13
of this regulation. Cover material and depth specifications including
precautions for freeze protection of the entire distribution system shall be
included in the design plan.
(4) The method and calculations for sizing the soil absorption area shall be
included in the design plan with reference to any manufacturer, supplier, or
designer specifications but shall not be less than that determined in
accordance with the site and soil evaluation information required in section
720 -08 of this regulation and soil loading rate estimates referenced in the
appendix to this regulation.
(5) Only pressure compensating emitters shall be used for STS drip distribution.
The design plan shall specify the flow rate of the emitters and approximate
absorption area per emitter.
Page 65
9855610
(6) Drip distribution areas shall be sited, and the drip tubing installed, parallel to
natural surface contours. The length of the distribution area along the
contour shall be determined by the linear loading rate. When site conditions
indicate shallow horizontal subsurface flow, an undisturbed on -lot area of up
to twenty five feet shall be preserved below or around the drip distribution
area and the designated replacement area.
(7) Any selected pretreatment component shall conform to this regulation and
the STS design specifications including additional capacity if needed to
accommodate drip tubing and filter flushes. Use of pretreatment to justify
reductions in either the soil absorption area or vertical separation distance
shall be justified in the design plan and must be approved by the board of
health.
(8) Timed dosing shall be required and the combined surge and reserve capacity
shall be a minimum of one and a half times the daily design flow with
increased surge capacity as needed to reduce the incidence of high water
alarms during peak flows. Dosing controls shall prevent flow to the drip
distribution component in excess of the daily design flow. Controls shall
provide a means to record alarm events, troubleshoot system malfunctions,
and monitor flow over time and flow rates during both dosing and flushing
events. Observation ports required in paragraph (G)(2) of section 720 -13 of
this regulation shall not be required.
(9) The drip tubing shall be maintained through an automated scouring flush at
a frequency adequate to prevent coating of the drip tubing and clogging of
emitters. The frequency shall be specified in the design plan and shall not
be less than twice a month per zone under normal operating conditions and
shall be adjustable for actual operating conditions. Drip tubing flushes and
filters flushes used to reduce solids going to emitters shall be returned to
the influent end of the pretreatment component or septic tank. In the case
where flush volumes may disrupt the process of a pretreatment component,
added pretreatment component capacity shall be required.
(10) For management purposes, at least two zones shall be included in the drip
distribution design with an easily accessible shutoff mechanism for each
zone. The timed micro -doses specified in paragraph (B)(8) of this section
and paragraph (C)(3) of section 720 -13 of this regulation may be applied
simultaneously or alternately to each zone. Air release valves shall be
required at the highest elevation in each zone to vent the zone and prevent
soil fines from entering the emitters during drain down after the pump shuts
off.
(11) Following installation and before STS approval by the board of health, the
responsible party and /or the registered installer shall conduct a start -up
procedure and document baseline measurements needed for future O &M
and monitoring. Baseline measurements and monitoring information shall
include but is not limited to dose rates and flushing flow rates for each zone
and calculation of daily flow averages. As -built records including baseline
measurements and O &M instructions shall be provided to the owner, service
provider, and the board of health.
Page 66
9855610
(C) In conjunction with any other operation permit conditions or O &M management
provisions required in this regulation or by the board of health, and as a
condition of an operation permit for a drip distribution STS, the board of health
shall require the owner of a drip distribution STS to maintain an O &M service
contract. The O &M and monitoring of the entire STS shall be conducted at least
annually, or more often as required by the responsible party or the
manufacturer of any component of the drip distribution STS, and shall be
conducted by the responsible party acting as a registered service provider or by
a registered service provider who has been qualified by the responsible party.
The Franklin County Board of Health Sewage Treatment System Design Manual
and Management Strategy may be required as a reference for the design,
layout, and management of STS.
Page 67
9855610
720 -14 Site modification.
The purpose of this section is to address site modifications that may have already
occurred on a site being considered for an STS and those site modifications that may
be proposed to support STS installation or operation. This section provides
requirements and criteria related to fill material, surface water diversion, and
existing and proposed subsurface drainage. While this section allows the use of a
diversion swale or interceptor drain as acceptable practice for use with any STS wher
needed, the section does limit the use of a gradient drain or drainage system.
(A) Site modification involving fill material shall comply with the following:
(1) Prior to consideration of siting a soil absorption component in settled non -
compacted fill material that over time may have developed the
characteristics of soil, the material shall be thoroughly evaluated as to its
treatment and dispersal capacity in conjunction with the soil and site
evaluation required in section 720 -08 of this regulation.
(2) No fill material shall be present in the vertical separation distance below the
infiltrative surface of the distribution system, other than that found suitable
under paragraph (A)(1) of this section or sand fill material specified for a soil
absorption component in compliance with paragraph (C)(1) of section 720-
13 of this regulation.
(3) Fill material applied to the natural ground surface prior to the excavation of
shallow in situ soil leaching trenches shall be a sandy texture soil or sandy
loam soil capable of maintaining trench sidewall stability during installation
and shall be applied in a manner that both protects and creates an interface
with the underlying in situ soil.
(B) When siting an STS, an existing drain tile, drainage system, or other artificial
subsurface drainage shall be avoided whenever possible with at least ten feet of
horizontal separation from any component of an STS. If necessary, an existing
drainage tile may be abandoned and rerouted to maintain at least the ten feet of
separation and the abandoned section of tile shall be plugged. If existing
drainage tile cannot be avoided or abandoned and rerouted and will be present
in the area of a soil absorption component, the top of the drainage tile shall be
considered a limiting condition subject to the four foot vertical separation
distance in paragraph (A) of section 720 -13 of this regulation.
(C) When surface water runoff will infiltrate or cause ponding on or around STS
components, diversion swales shall be designed to intercept and divert surface
water with specifications indicated in the layout plan or design plan. STS
components shall not be sited in depressions where surface water runoff cannot
be properly managed through diversion. Diversion of surface water associated
with an STS shall not negatively impact other property or stormwater
management.
(D) Any artificial subsurface drain designed to influence a STS shall comply with the
following as applicable:
9855610
(1) An interceptor drain shall be sited upslope of an STS when horizontal
subsurface flow of water would impact a down gradient soil absorption
component. The specifications for the interceptor drain, including the
upslope distance from STS components and the interceptor drain outlet and
outfall in accordance with paragraph (D)(2) of this section, shall be included
in the layout plan or design plan.
(2) A drain outlet shall comply with the following:
(a) The drain outlet, including rigid solid wall pipe and animal guard, shall be
designed to allow for free flow from the invert of the pipe for the
purpose of sampling.
(b) The invert of the pipe for a gravity flow outlet shall be at least four
inches above whichever is closer of the receiving water level or ground
su rface.
(c) A drain shall achieve gravity flow at the outlet.
(d) The receiving area for a drain outlet shall not pond and shall allow free
flow away from the outlet during both dry and wet weather conditions to
an established drainage feature.
(e) Written permission shall be obtained for placement of a drain outlet
within a right -of -way or legally established public drainage
improvement. A drain outlet associated with an STS shall be subject to
the easement provisions of paragraph (E)(4) of section 720 -07 of this
regulation.
Page 69
9855610
720 -15 Privies and holding tanks.
The purpose of this section is to provide for the storage of household sewage under
limited circumstances. The board of health determines the conditions and
circumstances under which a privy or holding tank may be permitted. It is expected
that the use of privies and holding tanks will be infrequent and that holding tanks
would generally be used for temporary periods, such as when sanitary sewers would
be accessible within a short timeframe or the installation of a soil absorption
component is delayed due to site conditions.
(A) A holding tank or privy vault shall only be installed by a registered installer when
authorized by the board of health in compliance with this regulation.
(B) A privy shall only be permitted and installed as an HSTS under the following
limited conditions:
(1) All plumbing or drain connections to the privy vault are prohibited.
(2) The vault shall comply with the requirements of paragraph (A) of section
720 -11 of this regulation and shall have a capacity of not less than five
hundred gallons.
(3) The location of the vault shall comply with all isolation distance
requirements set forth in paragraphs (E) and (F) of section 720 -07 of this
regulation.
(4) The superstructure shall be vented and minimize entry of insects or animals.
(C) A holding tank shall only be permitted as an HSTS under the following limited
conditions when a variance has been granted by the board of health in
compliance with section 720 -18 of this regulation.
(1) A holding tank shall comply with the requirements of paragraph (A) of
section 720 -11 of this regulation.
(2) A holding tank shall be located in compliance with paragraphs (E) and (F) of
section 720 -07 of this regulation and shall be easily accessible for frequent
pumping.
(3) The size of the holding tank shall take into account the design flow criteria
established under paragraph (A) of section 720 -10 of this regulation. The
board of health shall establish a required frequency of pumping for the tank
as a condition of the variance. As an alternative to a scheduled pumping
frequency, a high water alarm may be installed in compliance with
paragraph (F) (4) of section 720 -11 of this regulation.
A board of health that has taken responsibility for SFOSTS in accordance with
paragraph (A) of section 720 -03 of this regulation shall not permit a holding tank
for an SFOSTS. Except as permitted for HSTS in accordance with this
paragraph, holding tanks are subject to the requirements of OEPA under rule
3745 -42 -11 of the Administrative Code.
Page 70
9855610
(D) The owner of a privy or holding tank shall have a registered septage hauler
remove the contents of the vault or tank before the capacity is exceeded. As a
condition of the operation permit required in paragraph (C) of section 720 -09 of
this regulation, the board of health shall require the contents of a privy or
holding tank be removed in accordance with this section and in compliance with
any other operation permit or variance conditions established by the board of
health.
Page 71
9855610
720 -16 Education, inspection, compliance, and enforcement.
This section and its supplemental sections address the compliance and management
responsibilities of the board of health and promote an approach that allows for
flexibility. This approach encourages a comprehensive view of management where
the board of health can support owner responsibility, STS professionals'
accountability, and partnerships with other entities to expand the necessary
oversight of decentralized wastewater infrastructure. For new and replacement STS,
the governing statute provides the authority and direction to proactively address STS
performance and public health protection. This can be achieved through education,
outreach, and informing and holding accountable those responsible for code
compliance rather than depending primarily on reactive enforcement and public
health nuisance abatement.
(A) The board of health shall promote compliance with this regulation through
educational outreach including but not limited to the following:
(1) Proactively provide information to owners and other parties on applicable
areas of responsibility for compliance with this regulation.
(2) Provide O &M instructions to the STS owner in conjunction with the board of
health operational inspection required in paragraph (C)(3) of section 720 -09
of this regulation.
(3) Provide referrals to department of health and manufacturer internet sites for
O &M instructions that are required by law to be posted, or upon request,
directly provide a copy of these O &M instructions.
(B) The board of health shall at a minimum provide owners with information on
financial assistance resources, and may promote or participate in local and state
financial assistance programs to support STS repair and replacement or
connection to sanitary sewers and STS abandonment including but not limited to
the following:
(1) Complete an HSTS management plan to access state revolving loan funds.
(2) Establish a local revolving or low interest loan program.
(3) Encourage targeted community development funding.
(C) The board of health shall provide the oversight necessary to determine
compliance with this regulation. The board of health may at any reasonable
time inspect any STS or part thereof, conduct sampling, collect data, inspect a
proposed STS site, or perform other activities necessary to assure compliance
with this regulation. The board of health shall review required submittals and
reports or other information to determine compliance including but not limited to
the following:
(1) Site review and permitting information required by this regulation.
(2) Records or reports required as a condition of installer, septage hauler, or
service provider registration.
Page 72
9855610
(3) Sampling and other monitoring data required as a condition of an NPDES
permit issued by the OEPA and /or an operation permit issued by the board
of health.
(4) Information on STS performance gathered during a board of health
inspection.
(D) STS shall be operated and maintained in compliance with this regulation. The
board of health shall conduct O &M management in accordance with section 720-
16.1 of this regulation and shall conduct residuals management in accordance
with section 720 -16.2 of this regulation.
(E) No person shall violate, this regulation, orders issued pursuant to these
regulations by the board of health, or the conditions of a registration or permit
issued in accordance with this regulation. Upon determining noncompliance, the
board of health shall notify the owner or other responsible party of the
determination of noncompliance. The board of health notification shall specify
any necessary corrective action and the time line for compliance as applicable.
The board of health shall provide for due process protection in its
implementation of compliance and enforcement duties and shall provide
opportunity for compliance hearings and appeal of board of health orders.
Page 73
9855610
720 -16.1 O &M management.
This section promotes a proactive and preventive approach to managing STS
performance. The operation permits required in statute and in these regulations
serve as the legal means to establish O &M requirements, and in some cases,
mandatory service contracts. The "USEPA Voluntary National Guidelines for
Management of Onsite and Clustered (Decentralized) Wastewater Treatment
Systems (2003)" provides a resource for assessment of state and local management
programs.
(A) The board of health shall implement an O &M management program in
compliance with this regulation. The Franklin County Board of Health Sewage
Treatment System Design Manual and Management Strategy may be required as a
reference for the management of STS. An O &M management program shall include
but is not limited to the provisions of this section.
(1) STS permit records shall be organized by location providing a history of
siting, design, installation, alteration, operation, monitoring, maintenance,
and abandonment activities. The results of any O &M monitoring or reporting
required by this regulation shall be maintained in the STS permit record.
(2) The board of health shall comply with operation permit requirements in
paragraph (C) of section 720 -09 of this regulation.
(3) Tracking of activities and requirements associated with the conditions of an
operation permit or this regulation shall be required, including but not
limited to:
(a) Dates of board of health operation inspections including the inspection
required in paragraph (C)(3) of section 720 -09 of this regulation.
(b) Time line for the expiration and renewal of an operation permit as
applicable.
(c) Record of owner compliance with service contract requirements in
accordance with this regulation and the operation permit conditions
established in paragraph (C)(5) of section 720 -09 of this regulation.
(4) O &M in accordance with manufacturer's instructions shall be met when
required as a condition of an operation permit or this regulation. A person
may demonstrate the required O &M in lieu of having a board of health
inspection conducted when an inspection is otherwise required. This may
include a person securing a service contract or being certified for O &M
service by a manufacturer in lieu of a required board of health inspection for
which an inspection fee is charged. This shall not preclude the board of
health from conducting compliance inspections for general oversight
purposes nor from requiring payment of an operation permit fee for O &M
management.
(B) When establishing O &M management provisions in addition to those required in
this regulation, the board of health shall consider the following:
Page 74
9855610
(1) Increased levels of management related to risk conditions associated with
higher STS density, STS complexity and reliability, and the location of STS in
areas of high risk for surface or ground water contamination or where there
are existing unsanitary conditions due to a high incidence of STS
substandard performance or failure.
(2) Recording of operation permit conditions, service contract requirements, or
other O &M management information on property deeds as a means to
provide notification upon transfer of property served by an STS.
(3) Utilization of private sector professionals and responsible management
entities or designation of qualified agents to conduct monitoring or other
O &M management responsibilities when the board of health provides
oversight to assure compliance with this regulation.
(4) Inclusion of alternative O &M management mechanisms such as web -based
reporting, remote telemetry, and use of publicly and privately available
database programs to support O &M tracking requirements.
In establishing an O &M management program and adopting any additional
provisions, a board of health may not relinquish or delegate responsibility for
assuring compliance with this regulation.
(C) The O &M management program shall include additional provisions when the
board of health has expanded its local authority through the regulation of
SFOSTS in accordance with this regulation and /or the oversight of semipublic
disposal systems in accordance with section 3701.085 of the Revised Code.
Page 75
9855610
720 -16.2 Residuals management.
This section includes the requirements for the management of STS residuals and the
collection, transportation, disposal, and land application of domestic septage. The
land application requirements in this section are in addition to those in 40 C.F.R. 503
(as published in the July 1, 2005 Code of Federal Regulations).
(A) The board of health shall assess the management of STS residuals generated
within its jurisdiction, including adequate capacity for the disposal of STS
residuals and /or land application of domestic septage within the area of its
jurisdiction. Residuals management by the board of health shall include but is
not limited to the following:
(1) Notification to septage haulers registered by the board of health of available
receiving locations for STS residuals and any prohibitions on the land
application of domestic septage. Compliance with paragraph (B) of this
section is required when land application is permitted by the board of health.
(2) Provision of information to STS owners on recommended time lines for
removal of residuals from STS components including more frequent removal
when a garbage disposal is in use. Information may also be provided as
applicable for the management of grease interceptor waste when the board
of health has authority for SFOSTS.
(3) Requirements for reporting of residuals removal or tank pumping as
applicable when required as a condition of an operation permit or as
necessary to demonstrate compliance with this regulation.
(B) Land application of domestic septage shall not create a public health nuisance
and shall be performed for agronomic benefit in compliance with this paragraph
and 40 C.F.R. 503 (as published in the July 1, 2005 Code of Federal Regulations)
on sites approved by the board of health.
(1) A land application site may be considered for approval by the board of
health if the following is provided by the registered septage hauler:
(a) Written permission from the property owner to land apply septage and
information on the presence of any field tile within the proposed land
application site.
(b) Information from an order two soil survey indicating that the site has a
slope no greater than eight per cent, has at least three feet of soil
above ground water, has at least four feet of soil above bedrock, rock
and other fragments, and is free of conditions that could allow land
application of septage to cause contamination of ground water or run off
to surface waters.
(c) Additional information required by the board of health concerning the
site, the surrounding area, or the land application methods used by the
registered septage hauler.
Page 76
9855610
(2) The board of health shall conduct a site inspection prior to approval and
shall enforce the prohibitions in this paragraph. Land application of
domestic septage is prohibited within the sanitary isolation radius of a public
water system well as determined in accordance with rule 3745 -09 -04 of the
Administrative Code. Land application of domestic septage is also prohibited
within an inner management zone of a drinking water source protection area
determined to be highly susceptible to contamination by the OEPA source
water protection and assessment program for a community or non - transient
non - community public water system as defined in rule 3745 -81 -01 of the
Administrative Code. The area to be used for land application shall meet the
following minimum horizontal isolation distances:
(a) Two hundred feet from any dwelling, business, or location used for
community gatherings or recreational purposes.
(b) Fifty feet from any property line.
(c) One hundred feet from any private water system, non - potable water
well—Or water supply well used by a transient, non - community public
water system as defined in rule 3745 -81 -01 of the Administrative Code.
(d) Fifty feet from any waters of the state excluding ground water but
including grass waterways.
(e) Three hundred feet from a sinkhole or drainage well, or one hundred
feet if a permanent vegetative buffer is maintained round the sinkhole
or drainage well.
(f) Fifteen hundred feet from a public drinking water surface water intake.
(3) The amount of septage applied to the site shall not exceed the annual
nitrogen application rate required for the type of vegetation on the site. The
soil shall be tested every two years for phosphorus and shall not exceed the
recommended levels for agronomic loading rates. Any vegetation or crop
grown on the application site shall be harvested, grazed, or otherwise
removed in accordance with 40 C.F.R. 503 (as published in the July 1, 2005
Code of Federal Regulations).
(4) Trash shall be screened and removed from the septage prior to land
application and shall be dewatered prior to disposal as solid waste.
(5) Septage shall be land applied in accordance with the following:
(a) Septage shall not be permitted to pool or flow on the surface of the
ground.
(b) Septage shall be applied in accordance with the vector attraction
reduction requirements and the pathogen reduction requirements of 40
C.F.R. 503 (as published in the July 1, 2005 Code of Federal
Regulations).
Page 77
9855610
(6) Records shall be maintained by the septage hauler for at least five years to
demonstrate compliance with this section and the requirements of 40 C.F.R.
503 (as published in the July 1, 2005 Code of Federal Regulations).
Page 78
9855610
720 -17 STS abandonment.
This section establishes the procedures for the proper abandonment of an STS. The
purpose is to assure the final removal of sewage residuals and to prevent hazards
that could occur when tanks or other components are no longer in use.
(A) Any person who is no longer using an STS or an applicable component of an STS
shall properly abandon all tanks, dosing tanks, and /or pretreatment components
that are no lonaer in use in accordance with this section.
(B) All tanks, dosing tanks, and /or pretreatment components shall have the sewage
contents pumped and removed by a registered septage hauler. If there is a
need to remove solid materials such as filter media or other STS components,
these shall be taken to an approved solid waste disposal facility or shall be
managed in a manner that prevents a public health nuisance and contamination
of surface or ground water.
(C) Upon removal of the contents of the tank, dosing tank and /or pretreatment
component, the top shall either be completely removed or shall be collapsed and
at least one side collapsed to prevent containment of water in the abandoned
tank or component. The resulting void shall be filled to the ground surface with
inert and clean fill materials such as sand, gravel, or compacted soil in an
amount and manner that allows for settling and prevents ponding of surface
water.
(D) Any person who abandons an STS system shall notify the board of health in
writing that the STS has been properly abandoned, and shall provide the
following information that shall be retained by the board of health:
(1) The owner and location of the abandoned STS and the date of abandonment.
(2) The name of the registered septage hauler and the name of the person or
registered installer that performed the STS abandonment.
(3) The manner in which the tank, dosing tanks, and /or pretreatment
components were abandoned or removed.
(E) When a the board of health has taken responsibility for SFOSTS in accordance
with paragraph (A) of section 720 -03 of this regulation, the board of health shall
notify the OEPA within sixty days when an SFOSTS that was previously
permitted to be installed by the OEPA has been abandoned in accordance with
this section.
Page 79
9855610
720 -18 Variances and related provisions.
(A) Any person who believes that a variance from the sections of this regulation is
necessary shall make application in writing to the board of health, specifically
stating the proposed variance from the particular section or sections.
(B) The board of health may grant a variance from the requirements of this
regulation and the board of health shall consider the economic impact of the
system on the property owner, the state of available technology, the nature and
economics of the available alternatives, and ensure that the system to be used
under the variance will not create a public health nuisance. No variance shall be
granted that will defeat the spirit and general intent of this regulation, or be
otherwise contrary to the public interest or adversely affect the public health or
cause contamination of the environment.
(1) The board of health shall not grant a variance from the provisions in
paragraphs (C) and (D) of section 720 -07 of this regulation.
(2) The board of health shall not grant a variance from the provisions of
paragraphs (A) and (B) of section 720 -13 of this regulation except as
provided in paragraph (D) of section 720 -13 of this regulation.
(C) STS or STS components differing in design or function from systems or
components, the use of which is authorized under this regulation, may qualify
for approval by the director of health subject to the review and recommendation
of the STS technical advisory committee established pursuant to division (A) of
section 3718.03 of the Revised Code. A manufacturer seeking approval for use
of a system or component that differs in design or function from systems or
components authorized under this regulation shall submit an application and
information as required in division (A) of section 3718.04 of the Revised Code.
The system or component shall be reviewed by the STS technical advisory
committee and the department of health in accordance with the standards and
guidelines developed under division (F)(1) of section 3718.03 of the Revised
Code. The STS technical advisory committee shall advise the director on
approval or disapproval of such systems or components. The director of health
shall approve or disapprove the use of systems or components submitted for
review and shall provide notification of the approval or disapproval in accordance
with section 3718.04 of the Revised Code. The director of health shall utilize a
department of health web site listing to notify boards of health and interested
parties of those systems and components approved under this paragraph and
section 3718.04 of the Revised Code.
9855610
720 -19 Enforcement: ADDeals
(A) The Board of Health may, in addition to the remedies available in Revised Code
Chapter 3718, enforce the provisions of this Regulation in accordance with Chapter
3709 by issuing orders, seeking injunctive relief, or criminal penalties.
(B) A property owner may request a hearing with the Board of Health for any reason
described in division (A)(18) of section 3718.02 of the Revised Code.
(C) A person receiving an order may also request a hearing before the Board of
Health. A person so ordered may apply to the Board of Health for a hearing, which
shall be held as soon as possible, but not later than days after the Board of
Health's receipt of the application for a hearing.
(D) A property owner or person receiving an order after a hearing before the Board
of Health may appeal the results of the hearing to either of the following:
(1) The court of common pleas of the county in which the property owner's land is
located;
(2) A sewage treatment system appeals board that is established in accordance with
section 3718.11 of the Revised Code.
(E) A property owner or person receiving an order after a hearing before the Board
of Health who wishes to appeal to a sewage treatment system appeals board shall
file the appeal with the board of health within whose jurisdiction the property
owner's land is located. Upon receipt of a filing, the board of health shall send the
filing of the appeal to the chairperson of the sewage treatment system appeals board
for the county in which the board of health has jurisdiction.
Page 81
9855610
REGULATION 800
COMPREHENSIVE SOLID WASTE REGULATIONS
800.00 DEFINITIONS
A. "Board of Health" means the Board of the Franklin County General Health District
B. "Clean fill" means clean soil, rock, sand, and other unaltered geological materials which
have not been used in any type of industrial process; paving brick and stone;
reinforced and nonreinforced concrete, asphalt, clay tile.
C. "Clean Fill Disposal Site" means those places registered under subsection 802.00 by the
Franklin County Board of Health for the disposal of clean fill.
D. "Closure" refers to measures performed, after a solid waste or construction and
demolition waste disposal facility will no longer accept waste for disposal or the
effective date of an order revoking the license of the facility, to protect public health or
safety, to prevent air or water pollution, or to make the facility suitable for other uses.
This includes the establishment and maintenance of a suitable cover of soil and
vegetation over cells in which solid waste or construction and demolition waste is
buried; minimization of erosion, the infiltration of surface water into such cells, the pro-
duction of leachate, and the accumulation and runoff of contaminated surface water;
and the final construction of facilities for the collection and treatment of leachate and
contaminated surface water runoff. The term, in relation to solid waste facilities,
includes the final construction of air and water quality monitoring facilities and the final
construction of methane gas extraction and treatment systems.
E. "Collection Vehicle" means motor vehicles upon which an enclosed refuse compaction
unit, dump bed, roll -off container bed or open bed has been permanently or
temporarily affixed and used to collect and transport solid waste, construction and
demolition waste, infectious waste, and yard waste for disposal, reprocessing, or
recycling.
F. "Commercial Waste Hauler' means any private person, corporation, firm, association, or
partnership whose primary occupation involves the regular or systematic collection and
transportation of solid wastes, construction and demolition wastes, infectious wastes,
yard wastes, and other regulated wastes, to a facility for disposal, treatment,
reprocessing and /or recycling. This definition includes, but is not limited to, private trash
and garbage collection services, solid waste collection services, recyclable collectors,
demolition contractors and infectious waste transporters. This definition does not
include "light haulers ".
G. "Commercial and Industrial Premises" means those places other than one and two
family dwellings where solid waste is or may be generated, including manufacturing
operations, public facilities, commercial and retail establishments, food service
operations, mobile home parks, and multi - family dwellings containing three or more
units.
800.00 DEFINITIONS (CONT.)
H. "Composting Facility' means any commercial or public facility at which grass,
shrubbery, leaves and vegetation, and other yard wastes are processed, by aerobic
degradation, into an inert conditioning agent.
I. "Construction and Demolition Waste" means the unwanted residue resulting from the
demolition or construction of any building or other structure, including, but not limited
to, roofing, concrete and cinder block, plaster, lumber, structural steel, plumbing
fixtures, electrical wiring, heating and ventilation equipment, windows and doors, inte-
rior finishing materials such as woodwork and cabinets, siding and sheathing and aged
railroad ties. "Construction and Demolition Waste" does not include materials identified
or listed as solid wastes or hazardous waste pursuant to Ohio Revised Code Chapter
3734, pallets, cardboard or plastic containers, yardwastes, white goods, furniture,
carpeting, clean fill or paving brick and stone, reinforced and nonreinforced concrete,
and asphalt which is stored for a period less than two years for recycling into a usable
construction material.
J. "Disposal" means the discharge deposit, injection, dumping, spilling, leaking, emitting, or
placing of any solid wastes, demolition and construction wastes or hazardous wastes
into or on any land or ground or surface water or into the air, except if the disposition or
placement constitutes storage or treatment.
K. "Facility' means: (1) any site, location, tract of land, installation, or building used for the
disposal of construction and demolition waste. This definition does not include any
construction site where construction and demolition waste and trees and brush
removed in clearing the construction site are used as fill material on the site where the
materials are generated or removed, and does not include any site where materials
composed exclusively of reinforced and nonreinforced concrete, asphalt, clay tile, and
building or paving brick are used as fill material, either alone or in conjunction with
clean soil, sand, gravel, or other clean aggregates, in legitimate fill operations for
construction purposes or to bring the site up to a consistent grade; or (2) any site,
location, tract or land, installation, or building used for incineration, composting,
sanitary landfilling, or other methods of disposal of solid wastes; for the transfer of solid
wastes; for the treatment of infectious wastes; or for the storage, treatment, or disposal
of hazardous waste.
L. "Fixtures" means anything that is attached to a structure via piping, wiring, or which has
been built into the structure. "Fixtures" include plumbing equipment, such as bathtubs,
wash basins, toilets, and sinks, heating equipment, electrical devices, cabinets and
other woodwork.
M. "Hazardous waste" means any waste or combination of wastes in solid, liquid, semisolid,
or contained gaseous form that is considered to pose a threat to the health and safety
because it is toxic, reactive, corrosive or ignitable. Hazardous waste includes any
substance identified by regulation as hazardous waste under the "Resource Conserva-
tion and Recovery Act of 1976;' 90 Stat. 2806, 42 U.S.C. 6921, as amended, and does not
include any substance that is subject to the "Atomic Energy Act of 1954;' 68 Stat. 919, 42
U.S.C. 2011 .
800.00 DEFINITIONS (CONT.)
N. "Health Commissioner' means the Health Commissioner and employees of the Franklin
County General Health District.
O. "Health District" means the Franklin County General Health District and its contracting
political subdivisions.
P. "Infectious Waste" means those substances that possess the properties and
characteristics as defined in Ohio Revised Code section 3734.01 (R)
Q. "Intermittent Waste Hauler' means those persons, corporations, firms, associations, or
partnerships who engage in the collection, transportation and disposal of solid waste,
construction and demolition waste, clean fill, and yard waste generated as a conse-
quence of their primary occupation. This definition includes, but is not limited to,
landscapers, remodeling contractors, roofers, plumbers and plumbing contractors,
builders, paving contractors, and excavators. For the purposes of Regulation 803, two
classes of "Intermittent Waste Haulers" are established, including Class I Intermittent
Waste Haulers who collect, transport, and dispose of the waste they generate atleast
twelve times per year, and Class 11 Intermittent Waste Haulers who engage in the col-
lection, transportation, and disposal of their own wastes less than twelve times per year.
R. "Landscape Waste" or "Yard Waste" means such materials as grass clippings, leaves,
herbaceous waste, branches, shrub trimmings and other plant waste that is generated
as a result of gardening, landscaping, or similar activities. "Landscape Waste" is
considered to be a form of solid waste under Section 3745, Ohio Administrative Code.
S. "Light Hauler' means any private person, corporation, firm, association, or partnership
whose primary occupation relies upon the ownership and /or operation of one
collection vehicle performing the regular collection and transportation of solid wastes,
construction and demolition wastes, yard wastes, and clean fill to a licensed or
registered facility for disposal, treatment, reprocessing and /or recycling.
T. "Manifest" means the form used for identifying the quantity, composition, origin, routing,
and destination of special waste during its transportation from the point of generation
to the point of disposal, treatment, or storage.
U. "Nuisance" shall mean any condition that may present a threat to the public health,
safety, and the environment.
V. "Open burning" means the burning of solid wastes in an open area or burning of solid
wastes in a type of chamber or vessel that is not approved in rules adopted by the
director under section 3734.02 of the Revised Code.
800.00 DEFINITIONS (CONT.)
W. "Open dumping" means the depositing of solid wastes into body or stream of water or
onto the surface of the ground at a site that is not licensed as a solid waste facility
under section 3734.05 of the Revised Code, the depositing of untreated infectious
wastes into a body or stream of water or onto the surface of the ground at a site that is
not licensed as a solid waste facility under section 3734.05 of the Revised Code, the
depositing of untreated infectious waste into a body or stream of water or onto the
surface of the ground, or the depositing of treated infectious waste into a body or
stream of waster or onto the surface of the ground at a site that is not licensed as a
solid waste facility under section 3734.05 of the Revised Code.
X. "On -site separation" means the removal of materials for recycling, salvage, or reuse
conducted at or near the working area of a sanitary landfill or demolition and
construction facility, .
Y. "Person" includes the state, any political subdivision and other state or local body, the
United State and any agency or instrumentality thereof, any legal entity defined as a
person under section 1.59 of the Ohio Revised Code.
Z. "Premises" means (1) geographically contiguous property owned by a generator (2)
noncontiguous property that is owned by a generator and connected by a right -of-
way that he controls and to which the public does not have access. Two or more
pieces of property that are geographically contiguous and divided by public or private
right -of -way or right -of -way or rights -of -way are a single premises, or (3) those areas, not
facilities, geographically contiguous with the facility or connected by a right of way
which the public does not have access, and under the same ownership.
AA. "Public Waste Hauler' means any political subdivision that operates and maintains one
or more vehicles for the purpose of routinely collecting and transporting solid wastes,
infectious wastes, construction and demolition wastes, clean fill, and other regulated
wastes for disposal, recycling, or reprocessing.
BB. "Recycling Center' means any site which accepts solid waste before or after separation
for reprocessing or reuse.
CC. "Solid wastes" means such unwanted residual solid or semisolid material as results from
industrial, commercial, agricultural, and community operations, excluding earth or
material from construction, mining, or demolition operations, or other waste materials of
the type that would normally be included in demolition and construction waste,
nontoxic fly ash, spent nontoxic foundry sand, slag and other substances that are not
harmful or inimical to public health, and includes, but is not limited to, garbage, tires,
combustible and non - combustible material, street dirt, and debris. "Solid waste" does
not include any material that is an infectious waste or a hazardous waste, but does
include tires, pallets, landscape waste, automobile parts, and discarded appliances,
white goods and machinery.
DD. "Storage," means the holding of solid waste for a temporary period in such a manner
that it remains retrievable and substantially unchanged physically and chemically, for
reuse, recycling, or reclamation in a beneficial manner.
800.00 DEFINITIONS (CONT.)
EE. 'Transfer station" means any site that is designed to temporarily accept solid waste that
is to be compacted and reloaded for transportation to a licensed disposal facility.
FF. "White goods" mean residential and commercial appliances that are composed
primarily of steel and other metals, including refrigeration equipment, laundry
equipment, ranges, furnaces, heating equipment, and water heating devices.
800.01 RESIDENTIAL REFUSE STORAGE AND PREMISES MAINTENANCE
A. It shall be the responsibility of each resident of one or two family dwellings to provide an
adequate number of refuse storage containers to hold all the solid waste generated
between collections. A resident may be a landlord or tenant. Refuse storage
containers shall be watertight, made of noncorrosive materials, equipped with tightly
fitting covers or lids, and shall not attract animals, rodents, or insects. Residents shall
clean the refuse storage containers as frequently as necessary to prevent the
development of a public health nuisance.
Solid waste contained in plastic garbage bags must be stored in a refuse storage
container as described in subsection (a), and may not be placed at the point of
collection more than twenty four (24) hours before the designated collection time.
C. Residents of one or two family dwellings shall employ a registered waste collector to
regularly collect solid waste and remove it from the property, or a resident shall
regularly remove such material to an approved solid waste disposal facility. In no case
shall solid waste remain on the premises for more than fourteen (14) days.
D. The open dumping, open burning, or unauthorized disposal of solid waste is prohibited.
E. The accumulation of solid waste, construction and demolition waste, yard waste, or
materials intended for salvage, recycling, or reuse in or about any residence in such
quantities as to constitute a public health nuisance, as determined by the Board, is
prohibited.
800.02 COMMERCIAL AND INDUSTRIAL PREMISES MAINTENANCE AND REFUSE
STORAGE
A. Owners and /or lessees of commercial and /or industrial premises shall provide an
adequate number of refuse storage containers to hold all the solid waste generated
between collections. Refuse storage containers shall be watertight, made of noncorro-
sive materials, equipped with tightly fitting covers or lids, and shall not attract animals,
rodents, or insects. Metal refuse storage containers with a capacity of one cubic yard
or more shall be constructed in a manner which prevents tipping and promotes safety. -
AII storage containers shall bear markings which clearly identify the waste collector and
have a serial number permanently affixed, painted or stamped onto the container.
Owners and /or lessees shall clean the refuse storage containers as frequently as
necessary to prevent the development of a public health nuisance
800.02 COMMERCIAL AND INDUSTRIAL PREMISES MAINTENANCE AND REFUSE
STORAGE (CONT).
Owners and lessees are prohibited from allowing solid waste to accumulate in a refuse
storage container for period of time which, in the opinion of the board of health,
constitutes a health nuisance.
800.03 PUBLIC HEALTH NUISANCE
No person shall permit, cause, dump, deposit, or allow to remain on any property
owned, occupied, leased, or otherwise controlled by such person, the accumulation of
solid waste, garbage, construction and demolition waste, salvage material, recyclable
material, brush, junk, tires or other regulated waste in such quantities to constitute a
public health nuisance.
800.04 DISPOSAL
All waste not transported and stored for salvage, reuse or recycling, shall be properly
disposed. All combustible and noncombustible solid waste shall be disposed of in a
licensed solid waste disposal facility. Hazardous waste shall be disposed of in a licensed
hazardous waste facility. All infectious waste shall be disposed of in a licensed disposal
or treatment facility. Construction and demolition waste shall be disposed of in a
licensed construction and demolition waste facility. Clean fill materials may be
disposed of at registered clean fill sites.
800.05 SEPARABILITY
In the event that any section or paragraph or part of these regulations are declared
unconstitutional or unenforceable, the remaining parts thereof, shall not be affected
and shall remain in full force and effect. In the event of any conflict between the provi-
sions of any law or requirement, rule or regulation of the State of Ohio, the provisions
imposing the higher standard or the more stringent requirement shall be controlling.
800.06 PENALTIES
Any person who violate any provision of these regulations is subject to the penalties
provided in 3709.20, 3709.21, 3707.48, and 3709.99 of the Ohio Revised Code.
801.00 DEMOLITION LANDFILL RULES
801.01 DISPOSAL OF CONSTRUCTION AND DEMOLITION WASTE
All construction and demolition waste not salvaged, reused or recycled shall be
disposed of in a licensed solid waste or construction and demolition disposal facility.
801.02 CONSTRUCTION AND DEMOLITION DISPOSAL FACILITY SITING
Construction and demolition disposal facilities shall be sited and licensed only in those
locations and under the conditions established within Chapter 3714 of the Ohio Revised
Code. A construction and demolition waste disposal facility shall not be placed in or
near a sole- source aquifer; in a quarry, gravel pit or other excavation if the excavation
has penetrated to a permanently saturated zone, as identified by the US Geological
Survey, the Franklin County Soil Survey, or the Ohio Environmental Protection Agency; or
in a one - hundred year floodplain.
801.03 PERMIT TO INSTALL
An application for a Permit To Install a Construction and Demolition Waste Disposal
Facility shall be submitted to the Health Commissioner, and shall contain all of the
following information, unless the request for portions of the information is waived in writ-
ing by the Health Commissioner:
A. A series of topographic maps, with elevation contour intervals that shall not exceed ten
feet, and which show:
The original elevations of the land, and all prominent landforms;
2. The progressive change in elevation that would occur as a result of the opera-
tion of the construction and demolition disposal facility;
3. The final elevations for the closed construction and demolition disposal facility;
A hydrogeologic survey of the area surrounding and including the proposed
construction and demolition waste disposal facility, which shall include:
An accurate characterization of regional and local hydrogeology, including
information concerning the upper -most zones of saturation, the depth and
extent of any aquifer systems; the location of points of recharge and discharge;
the types of aquifers encountered; the geology any confining layers; the
direction(s) of the hydrogeologic gradient(s); and a stratigraphic profile of
the proposed facility site.
2. Copies of all available well logs for private and public potable water systems
within 1 mile of the proposed facility;
3. A table which shall depict the yields for each of the wells that have been
identified; and the depth at which water was encountered;
C. Data concerning the quality of the groundwater in the area adjacent to the proposed
construction and demolition waste disposal facility, which shall be placed in a table.
The data shall be accumulated through the analysis of samples of ground water col-
lected from designated potable water systems and /or monitor wells. The water shall be
analyzed for the following parameters:
Ph 14.
phosphorous (as phosphate)
801.03
PERMIT TO INSTALL (CONT.)
2.
temperature
phenol
3.
conductivity
cyanide
4.
Total Dissolved Solids
turbidity
5.
Total Organic Carbon
6.
sodium
copper
7.
chloride
8.
sulphate
barium
9.
magnesium
cadmium
10.
calcium
chromium
11. iron
24. lead
12
mercury
selenium
13.
silver
arsenic
15.
16.
17.
18. zinc
19.
20. nickel
21.
22.
23.
25.
26.
27. the Volatile Organic
Compounds listed in Appendix 1 of
Section 3745- 27 -10, Ohio Administrative
Code;
D. A description of the current and projected use of the lands adjoining the proposed
construction and demolition waste disposal facility;
E. A description of the current surface drainage patterns on and adjacent to the
proposed construction and demolition waste disposal site;
F. A complete description of the type(s) and characteristics of the soils on the proposed
construction and demolition waste disposal facility;
G. The projected lifespan of the proposed construction and demolition waste disposal
facility;
H. The projected daily volume and weight of the waste material to be disposed;
I. The final use for the construction and demolition waste disposal facility, when it is
closed;
J. A series of maps, engineered drawings, and accompanying narration that will explain
the construction of dikes, cells, basmat or liner, screening walls, and surface water
diversion;
K. A description of any separation, transfer, or storage of solid waste that is proposed to
occur at the facility;
801.03 PERMIT TO INSTALL (CONT.)
L. A fire control program, including an inventory of all firefighting and fire suppressive
equipment at the facility, that has been reviewed and approved by the local fire
authority within the jurisdiction.
801.04 CRITERIA FOR APPROVAL: PERMIT TO INSTALL
Applications for a Permit to Install a construction and demolition waste disposal facility
shall contain the information requested in Franklin County Board of Health Regulation
801.03. The Board or its representative will then evaluate the information within the
application, and provide a preliminary written assessment of the application within sixty
days. The written assessment shall not be construed to confer final approval of the
Application.
The Health Commissioner or his representative shall provide a copy of the Application
for a Permit to Install a construction and demolition waste disposal facility to the
following public agencies for review and comment:
1. The governing body of the political jurisdiction in which the facility is proposed to
be cited;
2. The fire department with jurisdiction;
3. The Mid -Ohio Regional Planning Commission;
4. The Local Zoning Board, or the County Zoning Board;
5. The Solid Waste Authority of Central Ohio;
6. The police department with jurisdiction
When the Board is satisfied that the Permit to Install meets the requirements of Chapters
3714 and Franklin County Board of Health Regulation 801.03, a Letter of Approval shall
be sent to the applicant and to the political subdivision in which the facility is proposed
to be constructed. The applicant shall have one year from the date the Permit to Install
is approved to complete construction of the facility.
801.05 LICENSE TO OPERATE
A. No person shall operate or maintain a construction and demolition waste disposal
facility until a License to Operate has been issued for that site by the Board of Health.
The license for such a facility shall be issued yearly and expire on June 30th of each
year. The license application shall be accompanied by a payment of the license fee
established by the Board of Health.
B. An application to renew a License to Operate a construction and demolition waste
disposal facility shall be submitted to the Board of Health no later than May 31 of the
year for which the license is requested. The Board shall review and approve or deny
the application before June 30th, and shall notify the applicant of its findings. If the
Board approves the Application for Renewal, a license shall be issued and the facility
may continue to operate.
801.05 LICENSE TO OPERATE(CONT.)
C. No new construction and demolition waste disposal facility shall commence operation
until it has received a License to Operate. Said license shall be granted only after the
applicant has demonstrated that the facility complies with the construction criteria and
other conditions established in a Permit to Install.
D. An application for a License to Operate a construction and demolition waste disposal
site shall be submitted on a form approved by the Health Commissioner.
E. The annual fee for a License to Operate a construction and demolition waste disposal
facility shall be two thousand, five hundred dollars ($2,500.)
F. The application for a License to Operate a construction and demolition waste disposal
facility shall be accompanied by a performance bond, which shall name the Franklin
County Board of Health, in the amount of five hundred thousand dollars. Said bond will
be considered as surety that the operator will comply with the provisions of Ohio
Revised Code Chapter 3714 and Regulation 801.
801.06 GROUNDWATER MONITORING
All new or currently operating construction and demolition waste facilities shall
implement a comprehensive ground water monitoring program. Such a program shall
be reviewed and approved by the Health Commissioner prior to implementation. Any
monitoring program shall require that a sufficient number of monitoring wells be insta-
lled at appropriate locations and depths, to be determined by the Health
Commissioner, to completely assess the impact that the facility may have upon the
uppermost zone of saturation, as well as any underlying saturated zones and the
regional aquifer.
The groundwater monitoring program shall be designed to provide sufficient analytical
information to assess the impact that the facility may have upon the ground water. All
monitoring wells shall be sampled at least annually to determine the presence of, or
quantities of the parameters established in Regulation 801.03(C). The results of the
analysis shall be recorded in tabular form, and submitted to the Board of Health no later
than May 31 of each year.
801.07 CLOSURE REQUIREMENTS
No Permit to Install or renewed License to Operate shall be issued until the owner or
operator submits to the Franklin County Board of Health proof of: a final closure trust
fund, as defined in Rule 3745- 27 -15(A) of the Ohio Administrative Code; a surety bond,
as defined in Rule 3745 -27 -15 (B) or (C); negotiable Certificates of Deposits; final closure
insurance; or an amount of cash that the Board of Health deems to be satisfactory.
800.08 ACCESS TO FACILITY; INSPECTION
The owner and /or operator of a facility licensed by the Board of Health agrees to
permit representatives of the Board to conduct random, unannounced inspections of
the facility in order to determine the compliance of the facility with these rules. The
Health Commissioner shall inspect or cause to be inspected all such demolition disposal
facilities within jurisdiction of the Franklin County Health District at such times as he may
deem necessary to carry out the intent of this regulation or to require the owner,
proprietor, or operator to comply, after due notice, with any provisions of this regulation.
801.09 HOURS OF OPERATION
Licensed construction and demolition waste disposal facilities shall operate only
between the hours of 6:00 AM and 6:00 PM, unless the Health Commissioner or his repre-
sentative is given at least twenty- four hours advanced notice that the operator wishes
to extend the time of operation in order to conduct site preparation or maintenance
operations, or in circumstances where the delivery of waste after normal operating
hours is unavoidable. Such notice shall specify the type of activity, the hauler(s) the
number of loads of material to be delivered, the time that such activity would occur,
and the location in the facility where the material would be placed.
801.10 OPERATION; CONSTRUCTION AND DEMOLITION WASTE DISPOSAL FACILITY
A. Open burning and open dumping shall not be permitted at a construction and
demolition waste disposal facility.
B. The owner, operator, or employee controlling access to the facility shall prohibit any
material that is classified as solid waste, hazardous waste, or infectious waste from
being disposed at a construction and demolition waste disposal facility. No liquid or
semi -solid material shall be disposed at such a facility.
C. The construction and demolition disposal facility shall operate in strict compliance with
the Permit to Install, approved by the Board of Health under Regulation 801.04, and the
provisions of Ohio Revised Code chapter 3714.
D. The owner and operator shall restrict access to the active portions of the facility during
operating hours to prevent scavenging and salvaging.
E. Construction and demolition waste may only be accepted for disposal in those portions
of the facility that have been prepared to accept it, in accordance with the Permit to
Install. All preparation shall be complete, all required equipment shall be in place, and
the portion of the facility that is to be utilized shall be inspected and approved by the
Health Commissioner or his authorized representative before disposal activity
commences.
F. The owner or operator shall attempt to confine unloading of waste material to the
smallest area possible. The material shall be evenly spread over the working face and
uniformly compacted.
801.10 OPERATION: CONSTRUCTION AND DEMOLITION WASTE DISPOSAL FACILITY (CONT.)
G. Litter and blowing debris shall be routinely collected, contained and disposed.
H. The owner and operator shall operate the facility in such a way as to minimize the
amount of noise and dust, and to control any odors.
I. Construction and demolition waste shall not be disposed into the waters of the State, in
accordance with Ohio Revised Code chapter 6111.
J. Highly flammable, combustible, or burning material shall be immediately removed from
the active portion of the disposal facility by the operator. It shall be segregated and
shall be immediately covered with a sufficient quantity of clean soil, or drenched with
an adequate quantity of water or other fire suppressant to extinguish or prevent a fire.
K. The operator shall insure that all construction and demolition waste that is admitted to
the facility for disposal is deposited at the working face, spread, and compacted as
required by the Permit to Install. Cliff -wall disposal of this waste shall not be permitted.
N. Any construction and demolition debris that is to be disposed shall be immediately
crushed and compacted to the smallest possible volume, and then spread over the
working face. The working face shall maintain a uniform slope, and the slope angle
shall not exceed 60 degrees. (2) In any construction and demolition disposal facility
approved after October 1, 1990, all waste shall be disposed in defined cells. A cell shall
be constructed of compacted soil or clean fill material. A cell shall be designed to
completely isolate the disposed material from that in adjoining cells. A cell shall be
constructed in conformance with the Permit to Install. (3) The working face shall be
covered with one foot of clean soil at the end of the work week, which is defined as the
period from any Monday through the following Friday.
801.11 MAINTENANCE: CONSTRUCTION AND DEMOLITION WASTE DISPOSAL FACILITY
A. The owner and /or operator of any licensed facility shall implement a fire control
program.
The operator shall ensure that operable equipment is available in the sizes and
quantities necessary to maintain the facility in compliance with the provisions of
Regulation 801 and Ohio Revised Code chapter 3714. A contingency plan shall be
developed to secure additional equipment to handle and dispose of the waste in the
case of equipment failure.
C. The main access road into the facility shall be paved and maintained in good
condition. Temporary roads to the working face shall be constructed and maintained
in such a manner as to allow vehicles unimpeded access.
801.11 MAINTENANCE: CONSTRUCTION AND DEMOLITION WASTE DISPOSAL FACILITY
(CONT.)
D. The operator shall establish written procedures enabling the facility to receive,
compact, and dispose of waste during periods of inclement weather. Preparation may
include, but is not limited to, the designation of special areas for inclement weather
operation, construction and maintenance of all- weather roads, and stockpiling of
cover soil.
E. Surface water shall be diverted from those areas of the facility where waste disposal
currently taking place and those areas where waste has already been disposed. All
surface water shall be diverted into sedimentation basins, or other similar structures if
required by Ohio Revised Code chapter 61 1 1.
F. Any areas of the disposal facility that are observed to exhibit ponding or erosion shall
be immediately regraded and reseeded to the specifications of the facility Permit to In-
stall. The Health Commissioner may order the operator to sample any ponded water
for the parameters established in subsection 801.03(c), or other substances, as the
Health Commissioner deems necessary.
G. Cover material shall consist of a dense growth of permanent, herbaceous vegetation,
or it shall consist of a two foot thick layer of crushed concrete, brick, stone or other
aggregate material that shall be covered with a six inch layer of asphalt or similar
paving material.
H. A monthly inspection of the construction and demolition waste disposal facility shall be
conducted to determine if leachate is being generated. If leachate is discovered and
the Health Commissioner believes, upon a review of the geology, hydrogeology and
engineering data for the facility, that it poses a substantial hazard to the public health
and /or the waters of the state, the operator shall immediately take action to:
Contain said leachate on the facility and implement appropriate and effective
treatment;
2. Contain said leachate and collect it for transportation to a treatment facility;
3. Implement a program that is designed to minimize, control, or eliminate the
conditions that are contributing to the production of leachate.
801.12 SALVAGING, ON -SITE SEPARATION, AND RECYCLING
A. The routine separation of solid waste and construction and demolition waste shall not
be permitted on or near the working face.
B. If solid waste is discovered at the working face, it is to be immediately removed from
the active area of the facility, and stored in appropriate containers for disposal at a
licensed solid waste disposal facility. Such wastes are to be removed from the
construction and demolition waste disposal facility in less than seven days.
801.12 SALVAGE, ON -SITE SEPARATION, AND RECYCLING(CONT.)
C. Recycling and waste reduction operations involving construction and demolition waste
may occur at a facility only in areas located away from the working face and under
conditions acceptable to the Franklin County Board of Health.
D. Waste that is to be recycled or salvaged shall be removed from the facility within thirty
days.
801.13 CLOSURE: CONSTRUCTION AND DEMOLITION WASTE DISPOSAL
FACILITY
A. Closure of a demolition disposal facility occurs if:
the operator declares the facility closed; or
2. a demolition disposal license held by the operator expires, and no further license
has been applied for in the manner prescribed in Regulation 702.02 and 702.03;
or
3. a demolition disposal license held by the operator has expired, a further license
has been applied for and denied, and all remedies for such denial have either
been exhausted, or waived by timely failure to pursue such remedies; or
4. a demolition disposal license held by the operator has been suspended or
revoked, and all remedies for such revocation or suspension have either been
exhausted or waived by timely failure to pursue such remedies; or
5. detail plans, specifications and information submitted as required by Regulation
702.02 and 702.03 are disapproved, and all remedies for such disposal have
either been exhausted or waived by timely failure to pursue such remedies; or
If closure will occur as described in paragraph (a) (1) or (a) (2) above, the operator will
notify the Board of Health of intent to close not less than 60 days prior to closure. After
notice is given to the Board of Health or upon occurrence of the events described in
paragraph (a) (3) or (a) (4), the operator shall, at least once a week for not less than four
weeks, publish prominent notice of the closure in a newspaper of general circulation in
Franklin County.
C. Not later than 60 days after closure of a demolition disposal facility, the operator shall
complete the following actions:
Cover all waste materials deposited in the demolition disposal facility with at
least two feet of well compacted soil, which shall have a texture and
permeability acceptable to the Health Commissioner or his authorized represen-
tative. Cover soil shall be free of large stones and rocks, exhibit cohesiveness
and a low permeability, and possess a texture that will promote a high degree of
compactibility;
801.13 CLOSURE: CONSTRUCTION AND DEMOLITION WASTE DISPOSAL
FACILITY (CONT.)
2. Develop a complete and dense grass and /or other vegetation cover by seeding
areas of the facility. Seeding shall be done as many times as necessary to insure
compliance with this requirement;
3. Grade all land surfaces to slopes of no less than I% and no greater than 12 %;
4. Provide drainage facilities directing surface water off the facility. A
sedimentation basin or other retention device shall be installed if required by the
Ohio Department of Natural Resources and Ohio Environmental Protection
Agency. A NPDES permit shall be obtained for any discharge if required by the
Ohio Environmental Protection Agency;
5. Take the necessary steps to reduce the number of rodents and vectors at the
facility;
6. Post signs stating that the facility is permanently closed. Signs shall be posted in
such a manner as to be easily visible from all access roads leading onto the
facility. Signs shall be maintained in legible condition for not less than two year
after closure of the facility;
File a plat of the demolition disposal facility with the Franklin County Board of
Health and the Franklin County Recorder. The plat shall accurately locate and
describe the completed facility and include information relating to the area,
depth, volume, and nature of the waste materials deposited in the demolition
disposal facility;
8. Blockade all entrances and access roads to the facility by locked gates, fencing,
and other sturdy obstacles to prevent unauthorized access.
D. The Health Commissioner or his authorized representative, upon proper identification,
may enter any closed demolition disposal facility at any reasonable time for the
purpose of determining compliance with this Regulation and state laws.
E. During the ten years immediately following closure, the operator or his representative
shall inspect the closed facility at least every ninety (90) days. The operator shall
inspect and report findings to the Health Commissioner regarding evidence of
subsistence, ponding and erosion, and a lack of vegetative cover. If, within ten years
after closing, settling occurs to such an extent that ponding of water occurs on those
portions of the facility where waste materials are deposited, or cracking or erosion of
the cover material occurs to such an extent that an excessive quantity of water may
enter the cells, the operator, owner, or lessee shall promptly re -grade the site and /or
add additional cover material and re -seed as necessary to eliminate the ponding.
All monitor wells required by this regulation, shall be maintained by the operator, owner,
or lessee, in such condition that water samples may be obtained for a period of ten
years after closure.
801.13 CLOSURE: CONSTRUCTION AND DEMOLITION WASTE DISPOSAL
FACILITY (CONT.)
G. During the ten years immediately following closure, if leachate is detected on the
facility, or is draining from the facility, in such quantities that the Health Commissioners
believes that a substantial threat of water pollution exists, the owner, operator, or lessee
shall contain the leachate for collection, transportion from the facility and proper treat-
ment. Action shall be taken to control, minimize , or eliminate the conditions which
contribute to the production of leachate until the Health Commissioner is satisfied that
the actual or potential pollution of ground or surface water has been effectively
controlled, minimized, or eliminated.
801.15 REVOCATION OF LICENSE:
Any license granted by the Health Commissioner hereunder may be revoked for failure
to comply with the adopted rules and regulations of the Franklin County District Board
of Health or with any of the provisions of this regulation or failure to conform with the
plans and maps submitted with the application. Such license may be revoked by the
Health Commissioner's determination that further operation under such license creates
a public nuisance. The holder of any license which has been revoked may appeal the
revocation in writing within 30 days of such revocation to the Board of Health, and the
Board of Health shall at its next regular meeting determine the legality or reason-
ableness of the revocation of the license and determine whether the license holder
may to continue the operation of the demolition disposal facility.
801.16 POWER OF ABATEMENT
In the event of the failure to comply, after due notice, with any provision of this regu-
lation, the Health Commissioner shall have the power to abate or cause the suspension
of the use of such demolition disposal facility until such time as the same is, in the
opinion of the Health Commissioner, no longer a menace or a hazard to health and
safety.
801.17 PENALTY
Any person who violates any provision of this regulation shall be subject to the penalties
provided in Sections 3709.20, 3709.21, and 3709.99 of the Ohio Revised Code and may
be subject to the penalties provided in Sections 3714.13 and 3714.99 of the Ohio
Revised Code.
802.00 CLEAN FILL REGISTRATION
802.01 APPLICATION
Anyone proposing to establish or operate a site for the disposal of clean fill must obtain
a Registration for the site from the Health Commissioner. The Application for
Registration must include the following information:
802.01 APPLICATION (CONT.)
The exact location of the proposed clean fill site, including a map showing the
boundaries of the property, the political subdivision in which the clean fill site is
proposed to be established, the location of any occupied structures, private
water systems and private sewage disposal systems on the property, or within
300' of the proposed clean fill disposal site; the presence of any streams or
bodies of water, including wetlands; and the location of any public utilities;
2. The area, expressed in square feet, that will be filled;
3. The final elevation of the proposed clean fill disposal site;
4. Measures that will be employed to prevent erosion of the clean fill and strategies
for containing surface runoff and sediment;
5. A valid Zoning Certificate from the appropriate governing entity or political
subdivision. (if applicable)
6. A letter authorizing the disposal of clean fill in a wetland or floodplain from the
Army Corps of Engineers or other governing agency if proposed clean fill
disposal site lies in a floodplain, floodway, or wetland;
An Application for Registration of a Clean Fill Disposal Site shall be submitted to the
Health Commissioner at least thirty days before clean fill is disposed at the site.
802.02 REGISTRATION
The Registration shall be valid for one year. All registrations shall expire on June 30th of
each year. The registrant shall submit an Application for Registration and shall remit the
fee for registration approved by the Board. The registrant of a Clean Fill Disposal Site
shall renew their registration on or before June 30 of each calendar year. The Applica-
tion for Renewal shall be on a form prescribed by the Health Commissioner, and shall
be accompanied by the required registration fee.
802.03 RIGHT OF ENTRY; INSPECTION
The Health Commissioner or his representative shall inspect all registered clean fill
disposal sites, at such times and as frequently as necessary to determine that no solid
waste, or construction and demolition materials are being illegally disposed, and that
no public health nuisance exists upon the property.
802.04 PROHIBITION
No person shall establish or operate a clean fill disposal site without obtaining a valid
registration from the Health Commissioner. No solid waste, infectious waste,
construction and demolition waste, or other prohibited material shall be permitted to
be deposited at or near a clean fill disposal site. Open burning shall not be permitted
at or near a clean fill disposal site.
802.05 POSTING SIGNS
The registrant shall conspicuously post a sign at the entrance to the clean fill disposal
site stating that only clean fill may be disposed at the site, giving the name and
telephone number of the Registrant, and displaying a Franklin County Board of Health
Registration number.
802.06 MAINTENANCE
All clean fill that is disposed must be spread and compacted as often as is practical.
802.07 CLOSURE
When clean fill is no longer being accepted at a clean fill disposal site, and the disposal
site is no longer registered, the site shall be compacted and covered with a thick layer
of soil, and a dense cover of vegetation shall be established so as to prevent erosion.
803.00 VEHICLE INSPECTION AND REGISTRATION FOR THE
PREVENTION OF NUISANCES
(Revised 2009)
803.01 COLLECTION VEHICLE REGISTRATION REQUIRED TO COLLECT OR
TRANSPORT SOLID WASTE, CONSTRUCTION AND DEMOLITION
WASTE AND YARD WASTE
To prevent the creation of nuisance conditions caused by the collection and transportation of
Solid Waste, Construction and Demolition Waste and Yard Waste within the jurisdiction of the
Franklin County Board of Health, no Commercial Waste Hauler shall be permitted to collect or
transport Solid Waste, Construction and Demolition Waste, or yard Waste within Franklin
County unless that Commercial Waste Hauler: (1) possesses a valid Collection Vehicle
registration for each Collection Vehicle used to collect or transport solid waste within Franklin
County; (2) completes an exemption form under section 803.03; or (3) secures a letter /order
from the Health Commissioner representing a waiver of this requirement.
803.02 COLLECTION VEHICLE REGISTRATION
Commercial Waste Haulers must obtain an annual vehicle registration from the Health
Commissioner for each Collection Vehicle used to collect or transport Solid Waste,
Construction and Demolition Waste or yard Waste within Franklin County to ensure that such
Collection Vehicles are fit for the transport of Solid Waste, Construction and Demolition Waste
or Yard Waste without causing or creating Nuisance conditions. Applications for Collection
Vehicle registrations shall be in writing and on a form prescribed by the Health Commissioner.
The Collection Vehicle inspection fee shall accompany the application for each Collection
Vehicle that a Commercial Waste Hauler intends to use to collect or transport Solid Waste,
Construction and Demolition Waste or Yard Waste within Franklin County. Collection Vehicle
registrations shall expire on December 31 of each year regardless of the date of issuance.
803.03 EXEMPTIONS
(a) Private individuals who incidentally collect and transport Solid Waste, Construction and
Demolition Waste or Yard Waste generated at their own place of residence are exempt
from the Collection Vehicle registration requirement. However, any private individual
who collects and transports Solid Waste, Construction and Demolition Waste or Yard
Waste more frequently than five (5) times per year must fill out a form with the
individual's name, residential address, vehicle license number, and address where the
transported Solid Waste, Construction and Demolition Waste or Yard Waste was
generated. Such forms will be available through the Board of Health at licensed
facilities within Franklin County.
(b) Political subdivisions that incidentally collect and transport Solid Waste, Construction
and Demolition Waste or Yard Waste generated within their jurisdiction are exempt from
the Collection Vehicle registration requirement. However, any political subdivision that
collects and transports Solid Waste, Construction and Demolition Waste or Yard Waste
more frequently than five (5) times per year shall be required to register any Collection
Vehicles used for collection and transportation of Solid Waste, Construction and
Demolition Waste or Yard Waste each year. Such registration will be at no cost, and the
Health Commissioner will provide the political subdivision with a written waiver of the
Collection Vehicle registration fee.
(c) Upon written request, the Health Commissioner may, by order, waive the Collection
Vehicle registration requirement for any person, corporation, firm association, or
partnership, including charitable organizations and non - profit groups, disposing or
proposing to dispose of Solid Waste, Construction and Demolition Waste or Yard Waste
at a licensed disposal facility within Franklin County. Requests for a waiver of the
Collection Vehicle registration requirement must be submitted to the Health
Commissioner, who shall grant to deny the request within three working days if possible.
803.04 COLLECTION VEHICLE INSPECTIONS TO PREVENT NUISANCES
No vehicle registration will be issued by the Health Commissioner for any Collection Vehicle
used to collect or transport Solid Waste, Construction and Demolition Waste or Yard Waste
within Franklin County without a Collection Vehicle inspection. The Health Commissioner of
the Franklin County Health District shall inspect, or cause to be inspected, any Collection
Vehicle for which a Commercial Waste Hauler requests a registration. Such inspection is for
the purpose of ensuring that such Collection Vehicle will not likely cause Nuisance conditions
during collection or transport of Solid Waste, Construction and Demolition Waste or Yard Waste
within Franklin County. Upon receipt of a complete application and inspection fee for each
Collection Vehicle for which registration is requested, the Commercial Waste Hauler will be
notified in writing by the Health Commissioner and /or his /her authorized representative of
inspection dates and times.
803.05 DENIAL OF OR REVOCATION OF A COLLECTION VEHICLE
REGISTRATION
The Health Commissioner may deny the initial issuance of a Collection Vehicle registration if
upon inspection, a Collection Vehicle is deemed not fit or capable of collecting or
transporting waste in a manner which will prevent, abate or suppress Nuisances, or protect the
public health and the environment. Failure to respond to request for an inspection, or refusal
to permit a Collection Vehicle inspection, may result in the Commercial Waste Hauler being
summoned to a hearing before the Board of Health, at which time the Collection Vehicle
registration may be denied or revoked. Collection Vehicle registrations may also be denied or
revoked when, in the opinion of the Health Commissioner, a previously registered Collection
Vehicle has become unsanitary, creates or causes a Nuisance, or it is unable to transport
waste in a manner consistent with protecting the public health and the environment. A
Commercial Waste Hauler owning or operating a Collection Vehicle for which registration has
been denied or revoked may make a written request for a hearing before the Board of Health.
The Commercial Waste Hauler shall be afforded an opportunity to attend the hearing and
show cause why the Collection Vehicle registration should have been granted or should not
be revoked. The Board of Health shall hold such hearing within a reasonable time after the
request is received.
803.06 ANNUAL COLLECTION VEHICLE INSPECTION FEE ANDREGISTRATION STICKERS
The fee for the annual Collection Vehicle inspection shall be determined by the Franklin
County Board of Health by resolution.
Upon inspection and issuance of a Collection Vehicle registration, it shall be the responsibility
of the Commercial Waste Hauler to assure that a registration sticker is immediately affixed to
the Collection Vehicle for which the registration has been issued. Further, the Commercial
Waste Hauler shall immediately report in writing to the Health Department any change in the
status of the registered Collection Vehicle. Registration stickers shall not be transferred
between Collection Vehicles unless the Board of Health or its representative has conducted a
new inspection and provided written approval of the transfer of the registration sticker. The
Commercial Waste Hauler shall immediately notify the Health Department in writing any time
a registered Collection Vehicle is sold, removed from service, or if the Commercial Waste
Hauler changes the nature of his operation or is merged with or acquired by another person or
corporation.
803.07 OPERATION OF COLLECTION VEHICLES AND EQUIPMENT IN A
MANNER TO PREVENT NUISANCES
(a) Solid Waste:
1) The portions of any Collection Vehicle used for the collection and transportation of
Solid Waste shall be constructed of durable, non - absorbent, smooth and easily
cleanable material. All seams shall be sealed in such a manner as to prevent the
leakage of liquids from the Solid Waste being collected or transported.
2) All Collection Vehicles shall be designed and /or equipped with devices that shall
prevent Solid Waste from being blown, thrown, or ejected during collection or
transportation.
3) Collection Vehicles with a powered mechanical compaction system or device shall
be designed and operated to prevent Nuisance or littering conditions during
operation. The loading hopper and compaction mechanisms shall be operated
and maintained in a safe manner and shall be in good state of repair. All Solid
Waste shall be compacted within the enclosed compartment of such Collection
Vehicles, between the compaction blade and the closed end of the compartment.
Solid Waste shall not be tied, secured, or placed in any way upon the hopper of
such Collection Vehicles.
4) Non - compaction Collection Vehicles and open transportation containers shall be
equipped and operated with a tarpaulin or other acceptable cover in good repair,
as determined by the Health Commissioner, except when the health Commissioner
specifically determines that no Nuisance or littering conditions will be created.
5) All Collection Vehicles shall bear the name of the Commercial Waste Hauler to
whom they are registered. All such markings shall be clearly readable from a
distance of (50) feet.
6) If a Collection Vehicle registrant is unable to comply with Paragraph (5), above,
because of contractual or proprietary agreements, the Health Commissioner or his
representative shall require the Commercial Waste Hauler to obtain an additional
numeric placard from the Board of Health. Said placard must be placed on the left -
hand side of the Collection Vehicle. The costs associated with procuring the
placard shall be assessed to the Commercial Waste Hauler as an additional fee.
7) All Collection Vehicles shall be operated and maintained in a manner which will
prevent or abate the creation of Nuisance conditions.
(b) Construction and Demolition Waste and Yard Waste:
1) That portion of a Collection Vehicle that is used solely for the collection and
transportation or Construction and Demolition Waste or Yard Waste shall be
constructed of durable, non - absorbent materials. The sides and bottom of the
Collection Vehicle shall be in good condition, and shall be sturdy and able to
contain the mass and volume of material to which it may be subjected. The
Collection Vehicle shall be watertight. Any doors, hatches or gates shall close
securely to prevent the accidental discharge of waste.
2) All open Collection Vehicles shall be equipped and operated with a tarpaulin or
other acceptable cover, which shall be maintained in good repair, except when
the Health Commissioner determines that no Nuisance conditions will be created.
3) All Collection Vehicles shall bear the name of the Commercial Waste Hauler to
whom they are registered. All such markings shall be clearly readable from a
distance of fifty (50) feet.
4) If a Collection Vehicle registrant is unable to comply with Paragraph three (3),
above, because of contractual or proprietary agreements, the Health
Commissioner or his representative shall require the Commercial Waste Hauler to
obtain an additional numeric placard from the Board of Health. Said placard must
be placed on the left -hand side of the Collection Vehicle. The costs associated with
procuring the placard shall be assessed to the Commercial Waste Hauler as an
additional fee.
5) All Collection Vehicles shall be operated and maintained in a manner which will
prevent or abate the creation of Nuisance conditions.
804.00 RECYCLING AND REPROCESSING OF SOLID WASTE
804.01 RECYCLING AND REPROCESSING OF SOLID WASTE
Any solid waste may be recycled or processed within the Franklin County General
Health District provided that such activity occurs at a facility that has met the criteria
established within this regulation, and which has been licensed and approved by the
Board of Health. And so long as any solid waste that is to be remanufactured, recycled,
reprocessed or reused does not create a public health nuisance.
804.02 REQUIREMENTS FOR LICENSING A RECYCLING OR REPROCESSING FACILITY
An application for a License to operate a recycling and /or reprocessing facility shall
shall be submitted to the Health Commissioner, and shall contain all of the following
information:
An engineered drawing of the facility, including the dimensions and location of
any structures that are to be used in the operation for recycling, reprocessing, or
the storage of recycled or reprocessed solid waste;
2. A description of the current and projected use of the lands adjoining the
recycling and reprocessing facility;
804.02 REQUIREMENTS FOR LICENSING A RECYCLING OR REPROCESSING FACILITY
(CONT.)
3. A description of the current surface drainage patterns on and adjacent to the
proposed facility, including the location of storm water drains, and catchment
devices, any natural or artificial bodies of water or watercourses;
4. The projected daily volume and weight of the waste material to be disposed;
5. A fire control program, including includes an inventory of all firefighting and fire
suppressive equipment at the facility, that has been reviewed and approved by
the local fire authority with jurisdiction.
6. A list of all of the equipment used to separate or reprocess solid waste;
A flow control diagram that will explain the processes by which materials are
reprocessed or recycled, from the moment that they arrive a the facility until
they are shipped from the facility;
8. An explanation of the methods employed to store recycled and/ or reprocessed
solid waste.
804.03 CRITERIA FOR APPROVING A LICENSE TO OPERATE A RECYCLING AND /OR
REPROCESSING FACILITY
An Application for a License to Operate a Recycling and /or Reprocessing Facility shall
be submitted to the Franklin County Board of Health on forms approved by the Health
Commissioner. The Application must contain all of the information required under
Franklin County Board of Health Regulation 805.02. The Board or its representative will
evaluate the information within the application, and provide a written letter of
approval or disapproval within thirty days.
804.04 LICENSE TO OPERATE
A. No person shall operate or maintain a recycling and /or reprocessing facility until he has
been issued a license by the Board of Health. It shall be unlawful for any person to
operate such a facility unless he possesses a valid license from the Franklin County
Board of Health.The license for such a facility shall be issued yearly. All licenses shall
expire at 11:59 PM on June 30th of each year. The license application shall be
accompanied by a payment of the license fee established by the Board of Health.
B. An application to renew a License to Operate a Recycling and /or Reprocessing
Facility shall be submitted to the Board of Health no later than May 31, of the year for
which the license is requested. The Board shall review and approve or deny the
application before June 30th, and shall notify the applicant of its findings. If the Board
approves the Application for Renewal, a license shall be issued and the facility may
continue to operate.
804.04 LICENSE TO OPERATE (CONT.)
C. The Annual fee for a license to operate a recycling and /or reprocessing facility shall be
804.05 ACCESS TO FACILITY
The owner and /or operator of a facility licensed by the Board of Health agree to permit
representatives of the Board to conduct random, unannounced inspections of the
facility at reasonable times in order to determine the compliance of the facility with
these rules.
804.06 OPERATION OF A RECYCLING AND /OR REPROCESSING FACILITY
A. Open dumping, as defined in Section 3734.01, Ohio Revised Code shall not be
permitted at the facility;
B. Putrescible solid waste shall not be allowed to accumulate at a reprocessing and /or
recycling facility. Such material shall be placed in leakproof, easily cleaned containers
until it is disposed. Solid waste shall be disposed at a licensed solid waste disposal facil-
ity within seven days.
C. Any material that is classified as hazardous waste, or infectious waste shall be
prohibited from a recycling and /or reprocessing facility.
D. A plan will be implemented to control blowing litter and to collect solid waste that is
spilled or dropped on the grounds of the facility, or adjacent properties. All litter will be
routinely collected and properly disposed.
E. All processing areas will be kept clean and free of accumulations of dust and debris.
F. Liquid residue that has leaked from containers that are being recycled or reprocessed
shall be cleaned from the equipment and facility as often as necessary to prevent
odors and flies.
G. Recycled and / or reprocessed material shall not be stored in such a way that it
presents a habitat for rodents or other vermin.