Ohio § 3701.345

§ 3701.345.

Any applicant for a permit to construct, develop, install, or modify a private water

system required by rules adopted by the director of health under section 3701.347 of the Revised Code may apply to the board of health of the city or general health district administering

and enforcing the private water supply program in the health district in which the

private water system is or is to be located or, if the health district is not administering

and enforcing the program, may apply to the department of health for a variance from

such rules governing the design, construction, development, installation, or modification

of private water systems.  The application for a variance shall be made in writing and shall include a statement

of the particular rule or rules from which a variance is sought, a description of

the proposed system or modification, and the necessity for the variance.  The board of health or the department of health shall not grant a variance unless

the applicant demonstrates that: (A) There will be an unusual and unnecessary hardship in complying with the rules from

which the variance is sought; (B) Contamination of the private water system will not occur as a result of construction

and operation of the system as proposed by the variance application; (C) The health of persons using water from the private water system will not be endangered

as a result of construction and operation of the system as proposed by the variance

application;  and (D) No other technically feasible and economically reasonable means exist for obtaining

water from the proposed type of water source.