Chapter 448 — Chapter 448
94 sections in this chapter.
ORS 448.005 Definitions for ORS 448.005 to 448.090. As used in ORS 448.005 to 448.090, unless the context requires otherwise
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(1) “Authority” means the Oregon Health Authority. (2) “Bathhouse” means a structure that contains dressing rooms, showers and toilet facilities for use with an adjacent public swimming pool. (3) “Director” means the Director of the Oregon Health Authority. (4) “Person” has the m…
ORS 448.010 [Repealed by 1961 c.566 §2 (448.011 enacted in lieu of 448.010)]
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[Repealed or reserved.]
ORS 448.011 Powers of Oregon Health Authority; rules. The Oregon Health Authority shall adopt rules pertaining to construction plan submission, plan approval, design, construction, size, shape, purification equipment, piping, operation, sanitation and accident prevention for public swimming pools, public spa pools, public wading pools and bathhouses as the authority deems necessary. [1961 c.566 §3 (enacted in lieu of 448.010); 1971 c.650 §24; 1973 c.215 §2; 1999 c.929 §8; 2009 c.595 §828; 2019 c.456 §117]
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[Repealed or reserved.]
ORS 448.015 Applicability of ORS 448.005 to 448.090. ORS 448.005 to 448.090 shall not apply to those facilities described in ORS 446.435. [1983 c.781 §6]
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[Repealed or reserved.]
ORS 448.020 Plan approval required to construct or alter pool facilities. A person may not construct or perform a major alteration or reconstruction of a public swimming pool, public spa pool, public wading pool or bathhouse without plan approval to do so from the Oregon Health Authority. [Amended by 1961 c.566 §4; 1973 c.215 §3; 1979 c.453 §2; 1999 c.929 §1; 2009 c.595 §829; 2019 c.456 §118]
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[Repealed or reserved.]
ORS 448.030 Plan approval application; contents; issuance or denial; plan review fee. (1) Any person desiring to construct any public swimming pool, public spa pool, public wading pool or bathhouse shall file an application for plan approval with the Oregon Health Authority
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(2) The application must be accompanied by a description of the sources of water supply, amount and quality of water available and intended to be used, method and manner of water purification, treatment, disinfection, heating, regulating and cleaning, lifesaving apparatus, and me…
ORS 448.035 Annual license required to operate; fees; expiration date. (1) A person may not operate or maintain a public swimming pool, public spa pool, public wading pool or bathhouse without a license to do so from the Oregon Health Authority
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(2) An annual fee of $275 shall be paid for a license to operate a public swimming pool, public spa pool, public wading pool or bathhouse. The annual license fee for each additional public swimming pool, public spa pool, public wading pool or bathhouse, or any combination of thos…
ORS 448.037 Variance; application; fee. (1) A person applying for a variance shall submit a variance application accompanied by a fee of $480 to the Oregon Health Authority. If the authority approves the application, the authority shall grant a variance, stating the terms and conditions of the variance
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(2) The authority may waive the fee for variance applications precipitated by change in the authority’s rules. (3) The authority may not delegate the responsibility under subsection (1) of this section under the provision of ORS 448.100. [1983 c.781 §5; 2009 c.595 §832; 2019 c.51…
ORS 448.040 Entry on premises for inspection purposes; reports. For the purposes of ORS 448.005 to 448.090, the Director of the Oregon Health Authority may at all reasonable times enter upon any part of the premises of public bathing and swimming places to make examination and investigation to determine the sanitary conditions of such places and whether ORS 448.005 to 448.090 or the rules of the Oregon Health Authority pertaining to public swimming pools, public spa pools, public wading pools or bathhouses are being violated. [Amended by 1961 c.566 §14; 1973 c.215 §6; 1979 c.453 §5; 1999 c.929 §5; 2009 c.595 §833]
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[Repealed or reserved.]
ORS 448.050 [Repealed by 1961 c.566 §9 (448.051 enacted in lieu of 448.050)]
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[Repealed or reserved.]
ORS 448.051 Inspection of facilities; suspension or revocation of permit, plan approval or license; hearings on suspension or revocation. (1) The Director of the Oregon Health Authority shall inspect all public swimming pools, public spa pools, public wading pools and bathhouses to determine the sanitary conditions of such places and whether ORS 448.005 to 448.090 and the rules of the Oregon Health Authority pertaining to public swimming pools, public spa pools, public wading pools and bathhouses are being violated
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(2) If the director determines that a public swimming pool, public spa pool, public wading pool or bathhouse is being constructed, operated or maintained in violation of the rules of the authority or is found to be insanitary, unclean or dangerous to public health or safety, the …
ORS 448.060 Operating pool or other facility without permit, plan approval or license; public nuisance; abatement. (1) A public swimming pool, public spa pool, public wading pool or bathhouse may not remain open to the public after the permit, plan approval or license to operate the facility has been suspended, denied or revoked
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(2) Any public swimming pool, public spa pool, public wading pool or bathhouse constructed, operated or maintained contrary to ORS 448.005 to 448.090 is a public nuisance, dangerous to health. Such nuisance may be abated or enjoined in an action brought by the Director of the Ore…
ORS 448.070 [1961 c.566 §13; repealed by 1973 c.215 §10]
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[Repealed or reserved.]
ORS 448.080 [1961 c.566 §12; repealed by 1973 c.215 §10]
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[Repealed or reserved.]
ORS 448.090 Disposition of moneys. All moneys collected under ORS 448.005 to 448.090 shall be paid into the General Fund in the State Treasury for credit to the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 448.005 to 448.090. [1961 c.566 §8; 1973 c.427 §10]
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[Repealed or reserved.]
ORS 448.095 Natural bathing places exempt. No provisions of ORS 448.005 to 448.100 apply to natural bathing places. [1979 c.453 §9]
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[Repealed or reserved.]
ORS 448.100 Delegation to county to administer ORS 448.005 to 448.060; standards; fees; suits involving validity of administrative rule. (1) The Director of the Oregon Health Authority shall delegate to any county board of commissioners that requests any of the duties and functions of the director under ORS 448.005, 448.011, 448.020 to 448.035 and 448.040 to 448.060 and this section if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, licensing, inspections, enforcement and issuance and revocation of plan approvals and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each county’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section
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(2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section or use the fee amounts established under ORS 448.030 and 448.035. A county to whom licensing, inspection and enforcement authority has been deleg…
ORS 448.110 [Repealed by 1967 c.344 §10]
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DRINKING WATER QUALITY AND WATER SYSTEMS (Generally)
ORS 448.115 Definitions for ORS 448.115 to 448.285. As used in ORS 448.115 to 448.285, 454.235 and 454.255 unless the context requires otherwise
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(1) “Authority” means the Oregon Health Authority. (2) “Connection” means the connection between a water system and a customer that enables the customer to receive potable water from the system. (3) “Construction standards” means criteria for constructing or installing water syst…
ORS 448.119 Application of ORS 448.119 to 448.285 and other provisions to water systems. Before a water system is subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, the system must have at least four service connections, or it must serve water to public or commercial premises which are used by an average of at least 10 individuals daily at least 60 days each year. In a housing subdivision of four or more living units where the water service connections of individual units are only two or three per water system, at the discretion of the Director of the Oregon Health Authority, the Oregon Health Authority may regulate the water systems within the subdivision under ORS 448.119 to 448.285, 454.235 and 454.255. [1981 c.749 §3; 1985 c.178 §5; 1997 c.249 §146; 2009 c.595 §838]
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[Repealed or reserved.]
ORS 448.120 [Repealed by 1967 c.344 §10]
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[Repealed or reserved.]
ORS 448.123 Purpose. (1) It is the purpose of ORS 448.119 to 448.285, 454.235 and 454.255 to
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(a) Ensure that all Oregonians have safe drinking water. (b) Provide a simple and effective regulatory program for drinking water systems. (c) Provide a means to improve inadequate drinking water systems. (2) In carrying out the purpose set forth in subsection (1) of this section…
ORS 448.127 Short title. ORS 448.119 to 448.285, 454.235 and 454.255 may be referred to as the Oregon Drinking Water Quality Act. [1981 c.749 §5; 1997 c.249 §148]
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[Repealed or reserved.]
ORS 448.130 [Repealed by 1967 c.344 §10]
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(Administration)
ORS 448.131 Water quality, construction and installation standards; rules; effect on existing facilities; fees. (1) The Oregon Health Authority shall adopt water quality standards that are necessary to protect the public health through insuring safe drinking water within a water system
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(2) In order to insure safe drinking water, the authority shall prescribe: (a) Construction standards governing the performance of a water system insofar as they relate to the safety of drinking water. (b) Standards for the operation of water systems insofar as they relate to the…
ORS 448.135 Variances; notice. (1) The Oregon Health Authority may grant variances from standards if
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(a) There is no unreasonable risk to health; (b) The water supplier has provided sufficient evidence to confirm that the best available treatment techniques are unable to treat the water in question so that it meets maximum contaminant levels; (c) The water supplier agrees to not…
ORS 448.140 Permit for operation of water system. A water system that does not comply with the rules and standards of the Oregon Health Authority shall be operated only after the water supplier has received a permit for the system from the authority if
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(1) The authority has not granted a variance from standards as provided under ORS 448.135 to the water supplier; and (2) The water system is providing water that does not meet maximum contaminant standards as determined by an investigation conducted by the authority under ORS 448…
ORS 448.145 When permit may be issued; compliance schedule; hearing; notice. (1) A permit shall be issued by the Oregon Health Authority when there are economic or other compelling factors such that the water supplier is unable to install the water treatment facilities or to meet the maximum contaminant levels
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(2) The authority shall prescribe a compliance schedule, including interim measures to eliminate the risk to health, which sets a specific time limit for the water supplier operating on a permit to install the water treatment facilities or to meet the maximum contaminant levels. …
ORS 448.150 Duties of authority; fees; rules. (1) The Oregon Health Authority shall
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(a) Conduct periodic sanitary surveys of drinking water systems and sources, take water samples and inspect records to ensure that the systems are not creating an unreasonable risk to health. The authority shall provide written reports of the examinations to water suppliers and t…
ORS 448.153 State Drinking Water Advisory Committee; rules. (1) The State Drinking Water Advisory Committee is created to advise and assist the Oregon Health Authority on policies related to the protection, safety and regulation of public drinking water in Oregon
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(2) The committee created under this section shall consist of 15 members appointed by the Public Health Officer. The officer shall make the appointments after considering nominees from: (a) Public water systems of cities with a population greater than 100,000; (b) Privately owned…
ORS 448.155 Technical assistance and training; public information. The Oregon Health Authority
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(1) May provide technical assistance and organize, coordinate and conduct training for water system personnel. (2) Shall conduct a program designed to stimulate public participation in matters relating to water systems through public presentations, dissemination of informational …
ORS 448.157 Harmful algal blooms; legislative findings. (1) The Legislative Assembly finds and declares harmful algal blooms to be a threat to safe drinking water supplies and a menace to public health and welfare
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(2) The Oregon Health Authority, in coordination with the Department of Environmental Quality as further provided for in ORS 468B.600, shall: (a) Determine and identify drinking water sources that are susceptible to harmful algal blooms or that are downstream of or influenced by …
ORS 448.160 Emergency plans. (1) The Oregon Health Authority shall maintain a plan outlining actions to be taken by the authority during emergencies relating to water systems
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(2) The authority may require that a water supplier compile an emergency plan if it appears necessary to the Director of the Oregon Health Authority. [1981 c.749 §12; 2009 c.595 §847]
ORS 448.165 Local government water service plans. (1) Counties may develop water service plans. These plans should encourage small water systems to combine management functions and to consolidate where possible. Water service plans must be in keeping with county land use plans
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(2) Cities or counties, whichever have authority to issue building permits, must certify that the Oregon Health Authority has approved the construction and installation plans of a proposed water system development and the development plan does not violate city or county water ser…
ORS 448.170 Agreement to authorize local public health authority to exercise duties; suits involving validity of administrative rule. (1) The Oregon Health Authority may enter into an agreement with a local public health authority, as defined in ORS 431.003, under which the local public health authority performs the duties of the Oregon Health Authority under the Oregon Drinking Water Quality Act. The duration of the agreement, the duties to be performed and the remuneration to be paid by the Oregon Health Authority are subject to agreement by the Oregon Health Authority and the local public health authority
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(2) In any action, suit or proceeding arising out of a local public health authority’s administration of functions pursuant to ORS 446.310, 448.030, 448.115 to 448.285, 454.235, 454.255, 455.170 and 757.005 and involving the validity of a rule adopted by the Oregon Health Authori…
ORS 448.175 Power of Oregon Health Authority to order compliance. Subject to ORS chapter 183, the Oregon Health Authority
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(1) Shall require that the water suppliers give public notice of violations in the water system. (2) May refuse to allow expansion of or additional connections to a water system until the water system meets water quality standards and requirements. (3) May enter an order requirin…
ORS 448.180 Waiver of construction standards. The Oregon Health Authority may grant waivers on construction standards if the authority is satisfied there will be no unreasonable risk to health. [1983 c.271 §2; 2009 c.595 §851]
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[Repealed or reserved.]
ORS 448.205 [1973 c.835 §§167,168; 1975 c.254 §1; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.210 [1973 c.835 §169; 1975 c.254 §2; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.215 [Formerly 449.215; 1975 c.254 §3; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.220 [Formerly 449.223; 1975 c.254 §4; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.222 [1975 c.254 §17; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.225 [Formerly 449.220; 1975 c.254 §5; 1979 c.696 §7; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.226 [1975 c.254 §16; 1979 c.696 §8; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.228 [1975 c.254 §17a; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.230 [Formerly 449.225; 1975 c.254 §6; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.235 [Formerly 449.235; 1975 c.254 §7; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.240 [Formerly 449.227; 1975 c.254 §8; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.245 [Formerly 449.237; 1975 c.254 §9; repealed by 1981 c.749 §28]
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[Repealed or reserved.]
ORS 448.246 [1975 c.691 §2; repealed by 1981 c.749 §28]
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[Repealed or reserved.]