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3718.05 [Effective Until 9/17/2010] Administration and enforcement duties of director of health.

3718.05 [Effective Until 9/17/2010] Administration and enforcement duties of director of health.

2007 House Bill 119 § 120.01, as amended, provides: During the period beginning July 1, 2007, and expiring July1, 2010, the operation of sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code is suspended. On July 1, 2010, sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code, in either their present form or as they are amended by this act or any other act, again become operational.

The director of health shall do all of the following:

(A) Administer and enforce this chapter and the rules of the public health council adopted under it;

(B) Examine records of boards of health, in accordance with rules adopted by the council, that are determined necessary to ascertain compliance with this chapter and rules adopted under it;

(C) Review and approve or disapprove rules proposed by boards of health under division (B) of section 3718.02 of the Revised Code. The director shall not disapprove a proposed rule unless the director determines that the proposed rule conflicts with this chapter or rules adopted under section 3718.02 of the Revised Code by the public health council or fails to promote public health or environmental protection. If the director disapproves a proposed rule, the director shall provide a written explanation of the director’s disapproval to the board of health that proposed the rule.

(D) Survey boards of health as required by section 3718.07 of the Revised Code;

(E) Develop with the sewage treatment system technical advisory committee standards and guidelines for use by the director in approving or disapproving a sewage treatment system under section 3718.04 of the Revised Code and an application form for use by applicants for that approval, including identification of the information that must be included with the form;

(F) Provide instructions on the operation and maintenance of a sewage treatment system. The director shall provide the operation and maintenance instructions on the department of health’s web site. In addition, the director shall provide a copy of the operation and maintenance instructions when the director receives a written request for the instructions.

Amended by 128th General Assembly File No. 12, HB 363, § 6, eff. 12/22/2009.

Amended by 128th General Assembly File No. 9, HB 1, § 640.20, eff. 7/17/2009.

Effective Date: 05-06-2005

This section is set out twice. See also § 3718.05, as amended by 128th General Assembly File No. 51, SB 110, § 1, eff. 9/17/2010.

3718.05 [Effective 9/17/2010] Administration and enforcement duties of director of health

The director of health shall do all of the following:

(A) Administer and enforce this chapter and the rules of the public health council adopted under it;

(B) Examine records of boards of health, in accordance with rules adopted by the council, that are determined necessary to ascertain compliance with this chapter and rules adopted under it;

(C) Review and approve or disapprove rules proposed by boards of health under division (B) of section 3718.02 of the Revised Code. The director shall not disapprove a proposed rule unless the director determines that the proposed rule conflicts with this chapter or rules adopted under section 3718.02 of the Revised Code by the public health council or fails to promote public health or environmental protection. If the director disapproves a proposed rule, the director shall provide a written explanation of the director’s disapproval to the board of health that proposed the rule.

(D) Survey boards of health as required by section 3718.07 of the Revised Code;

(E) Develop with the sewage treatment system technical advisory committee standards , guidelines, and protocols for use by the director in approving or disapproving a sewage treatment system under section 3718.04 of the Revised Code and an application form for use by applicants for that approval, including identification of the information that must be included with the form;

(F) Provide instructions on the operation and maintenance of a sewage treatment system. The director shall provide the operation and maintenance instructions on the department of health’s web site. In addition, the director shall provide a copy of the operation and maintenance instructions when the director receives a written request for the instructions.

(G) Develop educational programs, in conjunction with boards of health, to educate owners of sewage treatment systems regarding the proper operation and maintenance of those systems.

Amended by 128th General Assembly File No. 51, SB 110, § 1, eff. 9/17/2010.

Amended by 128th General Assembly File No. 12, HB 363, § 6, eff. 12/22/2009.

Amended by 128th General Assembly File No. 9, HB 1, § 640.20, eff. 7/17/2009.

Effective Date: 05-06-2005

This section is set out twice. See also § 3718.05, effective until 9/17/2010.

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