Section 901:9-1-15 - Water quality for aquatic devices using non chemically treated water(A) Water quality of an aquatic device shall be maintained to standards listed below: (1) The licensee shall ensure that the water in an aquatic device meets at least one of the two bacteriological standards (fecal coliform or E. Coli). The licensee is responsible for ensuring that required water samples are taken and analyzed by a certified or approved testing facility. The licensor is not required to take water samples for bacteriological analysis but may take samples either on a routine basis or when the licensor has reason to believe that the water in an aquatic device does not meet the bacteriological standards. The bacteriological standards are: (a) For aquatic devices where full body contact with water exists such as, but not limited to wave pools, water slides, lazy rivers, aquatic activity areas:(i) "MPN" means most probable number.(ii) "MF" means membrane filter.(iii) The geometric mean fecal coliform content (either MPN or MF based on not less than four samples within a four week period (once a week) shall not exceed two hundred per one hundred milliliter with no sample exceeding four hundred per one hundred milliliter.(iv) The geometric mean E. Coli content (either MPN or MF), based on not less than four samples within a four week period (once a week) shall not exceed one hundred twenty-six per one hundred milliliter with no sample exceeding two hundred thirty-five per one hundred milliliter.(b) For aquatic devices where only partial body contact with water exists such as, but not limited to log flume rides, paddle boats, bumper boats:(i) The geometric mean fecal coliform content (either MPN or MF) based on not less than four samples within a four week period (once a week) shall not exceed five thousand per one hundred milliliter.(ii) The geometric mean E. Coli content (either MPN or MF), based on not less than four samples within a four week period (once a week) shall not exceed five hundred seventy-six per one hundred milliliter.(B) Sampling procedures. To assure consistency in collecting samples for analysis, the following procedures shall be used:(1) Specific sampling location(s) shall be designated by the department.(2) The sample bottle shall be inverted. With a sweeping motion, the sample shall be collected from about one foot below the water surface.(3) Every precaution shall be taken to minimize sediment or debris in the sample. In cases where debris or sediment is present throughout the sample, this information shall be noted on the laboratory form.(4) The sampler shall note such items as water temperature and clarity, and general weather conditions.(5) If a sample does not meet the bacteriological standards, an additional sample must be taken immediately. If the additional sample does not meet the bacteriological standards, the Ohio department of agriculture's amusement ride safety division must be notified and the aquatic device must not operate until the bacteriological standards are met.(C) Documentation: All records of the bacterial analysis for aquatic devices shall be maintained by the licensee. The bacterial analysis records shall include date sample collected, location, bacteria count, and geometric mean. Records shall be maintained for such a period as dictated by insurance carriers, local legal statutes, and company counselor's advice, or for a minimum of two calendar years.(D) Procedure for fecal release (full body water contact only):(1) Before the issuance of an amusement ride license, the licensee shall submit a procedure for handling a fecal release in the aquatic devices' water to the amusement ride safety division for approval.(2) Diaper age children and diaper dependent adults shall wear a protective outer wear covering, designed specifically for use in aquatic settings. The protective covering must be made of a material that will not allow water to penetrate and have an elasticity at the legs and waist to prohibit any liquid to pass from outside in or inside out.(E) Any person with an obvious infectious wound shall not be permitted to use an aquatic device. No person who is observed passing feces, urine, or blood into an aquatic device shall be permitted to use the aquatic device. Any person who has been refused entry to or removed from an aquatic device under this paragraph because of an infectious wound may be granted entry upon presentation of a written statement from a physician that the condition is not infectious.(F) Portable aquatic devices that set up and operate for ten or more days, must meet all standards as set forth in this rule or must be drained of all water and refilled with fresh water every ten days.Ohio Admin. Code 901:9-1-15
Effective: 12/9/2021
Five Year Review (FYR) Dates: 9/23/2021 and 12/09/2026
Promulgated Under: 119.03
Statutory Authority: 993.04
Rule Amplifies: 993.04
Prior Effective Dates: 01/03/2000