Chapter 433 — Chapter 433
249 sections in this chapter.
ORS 433.636 [1973 c.427 §9 (enacted in lieu of 433.635); repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.640 [Repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.645 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 433.650 [Repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.655 [Repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.660 [Amended by 1973 c.779 §42; 1977 c.582 §36; repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.665 [Amended by 1973 c.779 §43; repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.670 [Repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.675 [Amended by 1969 c.314 §42; 1973 c.779 §44; repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.680 [Amended by 1973 c.779 §45; repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.685 [1973 c.779 §2; repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.690 [1973 c.779 §3; repealed by 1981 c.198 §2]
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[Repealed or reserved.]
ORS 433.705 [Amended by 1977 c.582 §38; repealed by 1979 c.492 §1]
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[Repealed or reserved.]
ORS 433.710 [Amended by 1977 c.582 §39; renumbered 603.059 in 1999]
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MISCELLANEOUS SANITATION PROVISIONS
ORS 433.715 Exposed merchandise; intermingling or sale without disinfectant prohibited. No person having delivered merchandise, such as clothing, wearing apparel of every description, hair goods, brushes, rubber goods, books, mattresses, blankets, sheets, pillows or other kinds of bedding, to any person or institution at or thereafter taken to any place where any communicable disease exists or may exist, after the delivery of such merchandise, shall intermingle the same with the goods for sale or offer the same for sale or sell the same, or receive any merchandise from any place or premises where any communicable disease exists or has existed, and intermingle such goods with other goods for sale or offer the same for sale or sell the same, until such goods have been thoroughly disinfected in accordance with the rules and regulations of the Oregon Health Authority. [Amended by 2009 c.595 §680]
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[Repealed or reserved.]
ORS 433.720 [Amended by 1967 c.428 §10; 1969 c.593 §35; repealed by 1971 c.648 §33]
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[Repealed or reserved.]
ORS 433.725 [Amended by 1967 c.428 §11; 1969 c.593 §36; repealed by 1971 c.648 §33]
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[Repealed or reserved.]
ORS 433.730 [1957 c.422 §1; 1967 c.428 §12; 1969 c.593 §37; repealed by 1971 c.648 §33]
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REGULATION OF OUTDOOR MASS GATHERINGS
ORS 433.735 Definitions for ORS 433.735 to 433.770. As used in ORS 433.735 to 433.770 and 433.990 (7)
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(1) “Organizer” includes any person who holds, stages or sponsors an outdoor mass gathering and the owner, lessee or possessor of the real property upon which the outdoor mass gathering is to take place. (2) “Outdoor mass gathering,” unless otherwise defined by county ordinance, …
ORS 433.740 Policy. The Legislative Assembly finds that the uncontrolled outdoor gatherings of large groups of persons for extended periods of time have necessitated a need for the establishment of reasonable health and safety rules to regulate such outdoor mass gatherings. [1971 c.597 §1]
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[Repealed or reserved.]
ORS 433.745 Outdoor mass gathering without permit prohibited. (1) An organizer may not hold an outdoor mass gathering or allow an outdoor mass gathering to be held on real property that the organizer owns, leases or possesses unless the governing body of the county in which the outdoor mass gathering is to take place issues the organizer a permit to hold the outdoor mass gathering
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(2) A permit issued under this section does not entitle the organizer to make any permanent development to or on the real property. Any permanent development on the real property must be made in accordance with any applicable state or local land use law. [1971 c.597 §2; 1985 c.75…
ORS 433.750 Application for outdoor mass gathering for which county decides land use permit is not required; criteria; procedure; fee. (1) Unless a county decides that a land use permit is required, the county in which an outdoor mass gathering is to take place shall issue a permit upon application if the organizer demonstrates compliance with or the ability to comply with the health and safety rules governing outdoor mass gatherings to be regulated according to the anticipated crowd and adopted by the Oregon Health Authority. The application must include all of the following
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(a) Name and address of the applicant. (b) Legal description of the place of the proposed gathering. (c) Date of the proposed gathering. (d) Estimated attendance at the proposed gathering. (e) Nature of the proposed gathering. (f) Such other appropriate information as the county …
ORS 433.755 Additional information required before permit issued; liability of permit holder; casualty insurance; county as additional insured. (1) In reviewing an application for a permit to hold an outdoor mass gathering, the county governing body may require such plans, specifications and reports as it may deem necessary for proper review and it may request and shall receive from all public officers, departments and agencies of the state and its political subdivisions such cooperation and assistance as it may deem necessary. If the county governing body determines upon examination of the permit application that the outdoor mass gathering creates a potential for injury to persons or property, the county governing body may require organizers to obtain an insurance policy in an amount commensurate with the risk, but not exceeding the limitation for liability of a local public body under ORS 30.272 (3). The policy of casualty insurance shall provide coverage against liability for death, injury or disability of any human or for damage to property arising out of the outdoor mass gathering. The county shall be named as an additional insured under the policy
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(2) In the event of failure to remove all debris or residue and repair any damage to personal or real property arising out of the outdoor mass gathering within 72 hours after its termination and to remove any temporary structures used at the outdoor mass gathering within three we…
ORS 433.760 Rulemaking authority. Notwithstanding any other provisions of law, the Oregon Health Authority shall, in accordance with the provisions of ORS chapter 183, make rules regulated according to anticipated crowds with respect to health and safety at outdoor mass gatherings which provide for
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(1) Adequate water supply, drainage and sewerage facilities; (2) Adequate toilet facilities; (3) Adequate refuse storage and disposal facilities; (4) Adequate food and sanitary food service, if supplied; (5) Adequate emergency medical facilities and communication systems; (6) Ade…
ORS 433.763 Application for outdoor mass gathering for which county decides land use permit is required; criteria; procedure. (1) An application for an outdoor mass gathering for which the county decides that a land use permit is required, or for any gathering of more than 3,000 persons any part of which is held outdoors and which continues or can reasonably be expected to continue for a period exceeding that allowable for an outdoor mass gathering, shall be allowed by a county if
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(a) The applicant has complied or can comply with the requirements for an outdoor mass gathering permit set out in ORS 433.750 and 433.755; (b) Permits required by the applicable land use regulations have been granted; and (c) The proposed gathering: (A) Is compatible with existi…
ORS 433.765 Right of county to enact ordinances or regulations. ORS 433.735 to 433.770 and 433.990 (7) and any rules adopted under ORS 433.735 to 433.770 and 433.990 (7) do not preempt the right of a county to enact ordinances or regulations not inconsistent with ORS 433.735 to 433.770 and 433.990 (7) or any rules adopted under ORS 433.735 to 433.770 and 433.990 (7), except that a county may not, under ORS 433.750 or 433.763, require a land use permit for a gathering of 3,000 people or fewer, any part of which is held outdoors. [1971 c.597 §6; 2001 c.104 §159; 2007 c.445 §34; 2019 c.408 §5]
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[Repealed or reserved.]
ORS 433.767 Application to gatherings defined by county ordinance. ORS 433.735 to 433.770 and 433.990 (7) apply to outdoor mass gatherings defined by county ordinance as well as to those defined by ORS 433.735. [1981 c.82 §2; 2001 c.104 §160; 2007 c.445 §35; 2019 c.408 §4]
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[Repealed or reserved.]
ORS 433.770 Enforcement. (1) In addition to and not in lieu of the maintenance of other actions for any violation of ORS 433.745, the district attorney for the county in which an outdoor mass gathering is to be held may maintain an action in any court of general equitable jurisdiction to prevent, restrain or enjoin any violation of ORS 433.745
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(2) Cases filed under the provisions of this section or an appeal therefrom shall be given preference on the docket over all other civil cases except those given equal preference by statute. [1971 c.597 §6a; 1979 c.284 §143] PROGRAMS TO TREAT ALLERGIC RESPONSE, ADRENAL INSUFFICIE…
ORS 433.800 Definitions for ORS 433.800 to 433.830. As used in ORS 433.800 to 433.830, unless the context requires otherwise
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(1) “Adrenal crisis” means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pressure or loss of consciousness. (2) “Adrenal insufficiency” means a hormo…
ORS 433.805 Policy. It is the purpose of ORS 433.800 to 433.830 to provide a means of authorizing certain individuals when a licensed health care professional is not immediately available to administer lifesaving treatment to persons
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(1) Who have severe allergic responses to insect stings and other allergens; (2) Who are experiencing severe hypoglycemia when other treatment has failed or cannot be initiated; and (3) Who have adrenal insufficiency and are experiencing an adrenal crisis. [1981 c.367 §1; 1989 c.…
ORS 433.810 Duties of Oregon Health Authority; rules. The Oregon Health Authority shall
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(1) Adopt rules necessary for the administration of ORS 433.800 to 433.830, including defining circumstances under which ORS 433.800 to 433.815, 433.817 and 433.825 shall apply. The authority shall include input from the educational system, health care provider organizations and …
ORS 433.815 Educational training. (1) Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, shall be conducted by a physician, physician associate or nurse practitioner. The training may be conducted by any other health care professional licensed under ORS chapter 678 as assigned by a physician, physician associate or nurse practitioner, or by an emergency medical services provider meeting the requirements established by the Oregon Health Authority by rule. The curricula shall include, at a minimum, the following subjects
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(a) Recognition of the symptoms of systemic allergic responses to insect stings and other allergens; (b) Familiarity with common factors that are likely to elicit systemic allergic responses; (c) Proper administration of an intramuscular or subcutaneous injection of epinephrine f…
ORS 433.817 Educational training conducted by public health authority or organization or by other entity or individual approved by Oregon Health Authority. Educational training on the treatment of allergic responses, as required by ORS 433.800 to 433.830, may be conducted by a public health authority or organization or by any other entity or individual approved by the Oregon Health Authority by rule. The training curricula under this section must include the following subjects
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(1) Recognition of the symptoms of systemic allergic responses to insect stings and other allergens; (2) Familiarity with common factors that are likely to elicit systemic allergic responses; (3) Proper administration of an intramuscular or subcutaneous injection of epinephrine f…
ORS 433.820 Eligibility for training. A person eligible to receive the training described in ORS 433.815 and 433.817 must meet the following requirements
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(1) Be 18 years of age or older; and (2) Have, or reasonably expect to have, responsibility for or contact with at least one other person as a result of the eligible person’s occupational or volunteer status, such as camp counselors, scout leaders, school personnel, forest ranger…
ORS 433.825 Availability of doses of epinephrine, glucagon and medication that treats adrenal insufficiency to trained persons. (1)(a) A person who has successfully completed educational training described in ORS 433.815 or 433.817 for severe allergic responses may receive from any health care professional who has appropriate prescriptive privileges and who is licensed under ORS chapter 677 or 678 a prescription for premeasured doses of epinephrine and the necessary paraphernalia for administration
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(b) An entity that employs a person described in paragraph (a) of this subsection may acquire, possess and make available premeasured doses of epinephrine and the necessary paraphernalia for administration as described in paragraph (c) of this subsection. A health care profession…
ORS 433.830 Immunity of trained person and institution rendering emergency assistance. (1) No cause of action shall arise against a person who has successfully completed an educational training program described in ORS 433.815 or 433.817 for any act or omission of the person when acting in good faith while rendering emergency treatment pursuant to the authority granted by ORS 433.800 to 433.830, except where such conduct can be described as wanton misconduct
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(2) No cause of action shall arise against an institution, facility, agency or organization when acting in good faith to allow for the rendering of emergency treatment pursuant to the authority granted by ORS 433.800 to 433.830, except where such conduct can be described as wanto…
ORS 433.835 Definitions for ORS 433.835 to 433.875. As used in ORS 433.835 to 433.875
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(1) “Cigar bar” means a business that: (a) Has on-site sales of cigars as defined in ORS 323.500; (b) Has a humidor on the premises; (c) Allows the smoking of cigars on the premises but prohibits the smoking, aerosolizing or vaporizing of other inhalants on the premises; (d) Has …
ORS 433.840 Policy. The people of Oregon find that because exposure to secondhand smoke, certain exhaled small particulate matter or other exhaled toxins is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to such smoke, matter or toxins by prohibiting the smoking, aerosolizing or vaporizing of inhalants in all public places and places of employment. [1981 c.384 §1; 2007 c.602 §2; 2015 c.158 §15]
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[Repealed or reserved.]
ORS 433.845 Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment. (1) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850
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(2) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment: (a) Entrances; (b) Exits; (c) Windows that open; and (d) Ventilation intakes that serve an enclosed…
ORS 433.847 Smoke shop certification; rules. (1) The Oregon Health Authority shall adopt rules establishing a certification system for smoke shops and any rules necessary for the implementation, administration and enforcement of ORS 433.835 to 433.875. In adopting rules under this section, the authority shall prohibit the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products in smoke shops
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(2) The authority shall issue a smoke shop certification to a business that: (a)(A) Is primarily engaged in the sale, for off-premises consumption or use, of tobacco products and smoking instruments used to smoke tobacco products, with at least 75 percent of the gross revenues of…
ORS 433.850 Prohibition on aerosolizing, smoking or vaporizing in place of employment; exceptions; posting signs. (1) An employer
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(a) Shall provide for employees a place of employment that is free of all smoke, aerosols and vapors containing inhalants; and (b) May not allow employees to smoke, aerosolize or vaporize inhalants at the place of employment. (2) Notwithstanding subsection (1) of this section: (a…
ORS 433.855 Duties of Oregon Health Authority; civil penalties; rules; limitations; compliance checks. (1) The Oregon Health Authority, in accordance with the provisions of ORS chapter 183
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(a) Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875; (b) Is responsible for ensuring compliance with ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875; and (c) May impose a civil penalty not to exceed $500 per day for each vio…
ORS 433.860 Enforcement. The Oregon Health Authority or local public health authority, as defined in ORS 431.003, may institute an action in the circuit court of the county where the violation occurred to enjoin repeated violations of ORS 433.850. [1981 c.384 §7; 2009 c.595 §687; 2015 c.736 §84]
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[Repealed or reserved.]
ORS 433.863 [2001 c.990 §4; repealed by 2007 c.602 §12]
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[Repealed or reserved.]
ORS 433.865 [1981 c.384 §8; 2001 c.104 §163; 2007 c.445 §37; repealed by 2007 c.602 §12]
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[Repealed or reserved.]
ORS 433.870 Regulation in addition to other aerosolizing, smoking or vaporizing regulations. ORS 433.835 to 433.875 and rules adopted under ORS 433.835 to 433.875 are in addition to and not in lieu of any other law regulating the smoking, aerosolizing or vaporizing of inhalants. [1981 c.384 §11; 2001 c.104 §164; 2001 c.990 §5; 2007 c.602 §6; 2015 c.158 §20]
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[Repealed or reserved.]
ORS 433.875 Short title. ORS 433.835 to 433.875 and 433.990 (5) shall be cited as the Oregon Indoor Clean Air Act. [1981 c.384 §12; 2001 c.104 §165; 2007 c.445 §38]
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PENALTIES
ORS 433.990 Penalties. (1) Violation of ORS 433.004 or 433.008, 433.255, 433.260 or 433.715 is a Class A misdemeanor
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(2) Violation of ORS 433.010 is a Class C felony. (3) Violation of ORS 433.035 is a Class C misdemeanor. (4) Violation of ORS 433.131 is a Class D violation. (5) Violation of ORS 433.850 is a Class A violation. Fines imposed against a single employer under this subsection may not…
ORS 433.992 Penalties for violation of ORS 433.329. Violation of ORS 433.329 is punishable, upon conviction, as provided in ORS 431.990. [Formerly 437.990]
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