OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 627 Bill Analysis
134th General Assembly
Click here for H.B. 627’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Schmidt
Effective Date:
Amanda George Goodman, Attorney
SUMMARY
Delineates which regulatory agency has authority, including licensure and inspection
authority, over different elements of special use pools (public swimming pools containing
flume slides, wave generating equipment, or other special features) as follows:
Specifies that the Ohio Department of Agriculture (ODA) has authority over operation,
components, structural integrity, and physical safety; and
Specifies that the Ohio Department of Health (ODH) has authority over appurtenant
facilities, surrounding areas, water quality, and disinfection.
Requires a licensee of a public swimming pool, public spa, or special use pool to ensure
that certain carbon monoxide detectors are installed in specified areas.
Requires a licensee of a public swimming pool, public spa, or special use pool to renew
their license with ODH or a local board of health by April 30 each year instead of May 31
of each year as in current law.
Authorizes, instead of requires, the Director of Health to annually survey each health
district that licenses public swimming pools, public spas, and special use pools to
determine whether or not the health district is in substantial compliance with the laws
governing those pools and spas.
DETAILED ANALYSIS
Special use pools – ODH and ODA regulatory authority
The bill delineates which regulatory agency has authority, including licensure and
inspection authority, over different elements of special use pools. A special use pool is a public
swimming pool containing flume slides, wave generating equipment, or other special features
May 10, 2022
Office of Research and Drafting LSC Legislative Budget Office
and, as added by the bill, includes any catch pool or tank of water used in connection with a
special feature that also is for bathing, swimming, or other purposes.1
Currently, which agency regulates a special use pool depends on where the pool is
located. If it has a water slide or wave generating equipment and is located at an amusement
park, it is licensed and inspected solely by the Ohio Department of Agriculture (ODA) under ODA’s
authority to regulate aquatic amusement rides (for example, the water parks at Cedar Point and
Kings Island). If not, local boards of health, as delegated by the Ohio Department of Health (ODH),
solely regulate and license the pool.2
Under the bill’s regulatory scheme, ODA and ODH each license and inspect different
aspects of each special use pool. A local board of health (as delegated by ODH) must license and
inspect the appurtenant facilities, surrounding areas, water quality, and disinfection of any
special use pool. ODA must license and inspect all of the following:
1. Operation;
2. Components;
3. Structural integrity, including the walls and floors of special use pools with wave
generating equipment; and
4. Physical safety.
Thus, under the bill, owners of special use pools will need to obtain a license to operate
from both ODA and a local board of health. Accordingly, ODA and ODH must adopt rules for the
regulation of special use pools to reflect the new delegation of authority under the bill.3
The following table delineates the regulation of pools, including special use pools, under
current law and the bill.
Examples of what entity has authority over pools
Water attraction Under current law Under H.B. 627
Municipal or public swimming pool with no water slides or ODH/local board ODH/local board
amusement structures (example: Quarry Apartments of health of health
swimming pool). By definition, this is a public swimming
pool, not a special use pool.
Municipal pool with a water slide or other amusement ODH/local board ODH/local board
structure (example: Dublin, Ohio community pool). By of health of health for water
definition this is a special use pool. quality and ODA
for safety and
1 R.C. 3749.01 and 993.01.
2 R.C. Chapters 993 and 3749.
3 R.C. 993.11; R.C. 3749.02, not in the bill.
P a g e |2 H.B. 627
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Examples of what entity has authority over pools
Water attraction Under current law Under H.B. 627
structural integrity
of the water slides
Amusement park water attraction (example: Breakwater ODA ODH/local board
Bay wave pool at Cedar Point). By definition this is a special of health for water
use pool. quality and ODA
for safety and
structural integrity
of the wave
generating
equipment and
other amusement
structures
Water park attractions (example: Fort Mackenzie water fort ODA ODH/local board
treehouse at Great Wolf Lodge). By definition this is a of health for water
special use pool. quality and ODA
for safety and
structural integrity
of all amusement
structures
Additional pool-related requirements
The bill requires a public swimming pool, public spa, or special use pool licensed by ODH
or a local board of health to ensure that carbon monoxide detectors are installed in:
1. All equipment rooms; and
2. All rooms adjacent to spaces containing fuel-burning equipment or vents carrying the
products of combustion.
These detectors must have local alarming functions that are listed and labeled in
accordance with Underwriters’ Laboratories’ Gas and Vapor Detectors and Sensors Standards (UL
Standard 2075).4
Additionally, a licensee must renew their license with ODH or the local board by April 30
of each year. Current law requires renewal to take place on May 31 of each year. 5
Finally, the bill authorizes, rather than requires as in current law, the Director of Heath to
annually survey each board of health that licenses public swimming pools, public spas, and special
4 R.C. 3749.03(F).
5 R.C. 3749.04(C).
P a g e |3 H.B. 627
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
use pools to determine whether or not the board is in substantial compliance with the laws
governing those pools and spas. If the Director determines that a board is in compliance, the
board is placed on an approved list and may license and regulate pools and spas within its
jurisdiction.6
HISTORY
Action Date
Introduced 04-20-22
ANHB0627IN-134/ec
6 R.C. 3749.07.
P a g e |4 H.B. 627
As Introduced
Statutes affected: As Introduced: 993.01, 3749.01, 3749.03, 3749.04, 3749.07