Chapter 453 — Chapter 453

ORS 453.465 [1971 c.609 §16; repealed by 1975 c.606 §60]

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ORS 453.475 [1971 c.609 §17; 1975 c.606 §37; renumbered 469.480]

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ORS 453.485 [1971 c.609 §21a; repealed by 1975 c.606 §60]

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ORS 453.495 [1971 c.609 §6a; renumbered 469.490]

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ORS 453.505 [1971 c.609 §14; 1975 c.606 §38; renumbered 469.500]

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ORS 453.510 [1985 c.696 §§4,7; 1987 c.597 §4; 1989 c.6 §13; 1989 c.171 §57; 1993 c.187 §27; 1995 c.162 §84; 1997 c.249 §152; 1997 c.632 §8; repealed by 2005 c.825 §19]

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ORS 453.515 [1971 c.609 §7; 1975 c.606 §39; renumbered 469.510]

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ORS 453.517 [1987 c.597 §2; repealed by 2005 c.825 §19]

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ORS 453.520 Department of the State Fire Marshal as state emergency response commission. (1) The Governor shall designate the Department of the State Fire Marshal as the state emergency response commission as required by the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.)

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ORS 453.525 [1971 c.609 §18; 1975 c.606 §40; renumbered 469.520]

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ORS 453.527 [1987 c.597 §3; 1993 c.187 §28; repealed by 2005 c.825 §19]

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ORS 453.535 [1971 c.609 §15; 1975 c.606 §41; renumbered 469.530]

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ORS 453.545 [1971 c.609 §25; 1975 c.606 §42; renumbered 469.540]

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ORS 453.555 [1971 c.609 §26; 1975 c.606 §43; renumbered 469.550]

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ORS 453.565 [1971 c.609 §20; 1975 c.606 §44; renumbered 469.560]

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ORS 453.575 [1971 c.609 §24; renumbered 469.570]

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ORS 453.590 [1973 c.246 §1; 1975 c.606 §45; renumbered 453.765]

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ORS 453.595 [1973 c.246 §3; renumbered 453.770]

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ORS 453.605 Definitions for ORS 453.605 to 453.800. As used in ORS 453.605 to 453.800, unless the context requires otherwise

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ORS 453.610 [1957 c.399 §2; repealed by 1961 c.664 §16]

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ORS 453.615 Statement of policy. It is the policy of the State of Oregon in furtherance of its responsibility to protect the public health and safety

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ORS 453.620 [1957 c.399 §1; repealed by 1961 c.664 §16]

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ORS 453.625 Purpose of ORS 453.605 to 453.800. It is the purpose of ORS 453.605 to 453.800 to effectuate the policies set forth in ORS 453.615 by providing for

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ORS 453.630 [1957 c.399 §§3,4; repealed by 1961 c.664 §16]

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ORS 453.635 State Radiation Control Agency; duties; applicability of ORS 453.605 to 453.800. (1) The Oregon Health Authority is the State Radiation Control Agency, but ORS 453.605 to 453.800 do not apply to a radiation source while it is being transported on a railroad car or in a motor vehicle subject to and in conformity with rules adopted by the Department of Transportation nor do they apply to any matter other than transportation of radiation sources within the authority of the Energy Facility Siting Council under ORS chapter 469. To protect occupational and public health and safety against radiation hazards the authority shall

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ORS 453.640 [1957 c.399 §5; repealed by 1961 c.664 §16]

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ORS 453.645 Radiation Advisory Committee; composition; compensation and expenses. The Director of the Oregon Health Authority shall appoint a Radiation Advisory Committee to advise the Oregon Health Authority on matters relating to radiological health and radiation protection. The committee shall consist of eight persons who because of their training and experience are qualified to advise the authority on such matters and they shall serve at the pleasure of the director. The members of the Radiation Advisory Committee are entitled to compensation and expenses as provided in ORS 292.495. [1961 c.664 §4a; 1969 c.314 §47; 1973 c.90 §2; 2009 c.595 §901]

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ORS 453.650 [1957 c.399 §6; repealed by 1961 c.664 §16]

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ORS 453.655 License or registration required for radiation source. When under ORS 453.605 to 453.800 a license or registration or both, as the case may be, is required for that purpose, no person shall receive, acquire, own, possess, use, manufacture, produce or transfer any radiation source without the license or registration or both, as the case may be. [1961 c.664 §6]

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ORS 453.665 Licenses; application; modifications; exemptions; rules. (1) Subject to subsection (2) of this section, the Oregon Health Authority shall provide for the issuance, allowance, modification, amendment, revision, suspension and revocation of general and specific licenses that relate to by-product materials, source materials or special nuclear materials and to devices or equipment that utilize any of those materials. The authority may not require a specific license for the use of an X-ray machine within the limits of the license by a licensed dentist, chiropodist or veterinarian or by a person licensed to practice medicine, chiropractic, naturopathic medicine or any other system or method of healing. Otherwise the authority may require registration or a general or specific license or both registration and a general or specific license with respect to any radiation source

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ORS 453.670 [1969 c.304 §2; 1973 c.182 §10; 1979 c.696 §9; 1989 c.436 §1; 1993 c.728 §1; 1995 c.444 §13; renumbered 453.757 in 1995]

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ORS 453.671 Vendor license; rules. (1) Each person shall obtain a vendor license from the Oregon Health Authority before engaging in the business of

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ORS 453.675 State assumption of federal responsibility for radiation sources; effect of federal licenses. (1) When in the opinion of the Governor, such agreements will promote public health and safety and assist in the peaceful uses of radiation sources, the Governor on behalf of this state shall enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to radiation sources and the assumption thereof by this state

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ORS 453.685 Entry on property for inspection purposes; issuance of warrant; liability for entry. (1) The Director of the Oregon Health Authority may enter at any reasonable time upon any private or public property, with the permission of the owner or custodian, to determine whether there is compliance with ORS 453.605 to 453.800 and rules lawfully issued pursuant thereto. When such permission is not obtained or given, if the director has grounds to believe that a violation of ORS 453.605 to 453.800 or rules lawfully issued pursuant thereto exists, the director may apply to the proper judicial officer for a warrant to enter upon the property for purposes of inspection, search or seizure consonant with the scope of ORS 453.605 to 453.800; except that in a case where the director has grounds to believe that a violation of ORS 453.605 to 453.800 or rules pursuant thereto exists which presents a clear and present danger to the health, safety or security of the state or its citizens, the director may make such entry of property as is reasonable to abate the danger involved and for that purpose

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ORS 453.695 Records concerning radiation source; notice of exposure to radiation source. (1) When the Oregon Health Authority by regulation so requires, any person who possesses or uses a radiation source shall cause to be made, in the manner prescribed by the authority, records relating to the receipt, storage, transfer and disposition of the source and to such other matters as the authority prescribes

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ORS 453.705 Impounding radiation source upon violation. When a radiation source is in the possession, custody or control of any person who is not equipped to observe or who fails to observe any applicable provision of or regulation pursuant to ORS 453.605 to 453.800, upon the issuance of an emergency order under ORS 453.807 the Oregon Health Authority or its authorized representative may cause that source to be impounded. [1961 c.664 §11; 1975 c.241 §1; 2009 c.595 §906]

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ORS 453.715 Injunction against violation. When the Oregon Health Authority in writing notifies the Attorney General that, in the judgment of the authority, a person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of or regulation pursuant to ORS 453.605 to 453.800, if the authority so requests, the Attorney General shall apply to the circuit court for the county of that person’s residence for an order enjoining such act or practice, or for an order directing compliance; and upon a showing by the authority that that person has engaged or is about to engage in any such act or practice, the court may grant a permanent or temporary injunction or restraining order or other order. [1961 c.664 §12; 2009 c.595 §907]

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ORS 453.725 [1961 c.664 §13; repealed by 1971 c.734 §21]

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ORS 453.726 Definitions for ORS 453.726 to 453.734. As used in ORS 453.726 to 453.734, unless the context requires otherwise

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ORS 453.727 Purpose of ORS 453.726 to 453.734. It is the purpose of ORS 453.726 to 453.734 to regulate tanning facilities to minimize the risks associated with suntanning with artificial ultraviolet light. These risks include, but may not be limited to

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ORS 453.728 Tanning device to comply with federal requirements; exception for certain phototherapy devices. (1) Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations

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ORS 453.729 Standards and regulation of tanning devices; rules; fee; inspection. (1) The Oregon Health Authority shall adopt by rule standards and a system of registration for tanning devices. Any entity doing business in this state as a tanning facility must register with the authority, in a manner prescribed by the authority by rule, each tanning device at the tanning facility that is accessible by an individual who is afforded the use of a tanning device as a condition or benefit or as part of a membership in exchange for a fee or other compensation

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ORS 453.730 Written warning statement and sign; content; rules. (1) A tanning facility shall give each customer a written statement warning that

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ORS 453.731 Civil penalty for violation of ORS 453.726 to 453.734. The Oregon Health Authority may impose a civil penalty in an amount not to exceed $500 for a violation of ORS 453.726 to 453.734 or rules of the authority adopted pursuant to ORS 453.726 to 453.734. Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. [Formerly 431.950]

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ORS 453.732 Disposition of receipts. Except as otherwise provided by law, all fees and other moneys received by the Oregon Health Authority pursuant to ORS 453.726 to 453.734 shall be paid into the State Treasury and placed to the credit of the Public Health Account and are continuously appropriated to the authority for the purposes of carrying out the provisions of ORS 453.726 to 453.734. If moneys received under ORS 453.726 to 453.734 are in excess of moneys required to administer the program authorized by ORS 453.726 to 453.734, the moneys may be used by the authority to meet expenses of other programs administered by the authority if an appropriate expenditure increase is approved by the Emergency Board. [Formerly 431.955]

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ORS 453.734 Prohibition on use of tanning devices by persons under 18 years of age; exceptions; rules. (1)(a) Except as provided in paragraph (b) of this subsection, an entity doing business in this state as a tanning facility may not allow a person who is under 18 years of age to use a tanning device that is owned or operated by the entity

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ORS 453.735 ORS 453.605 to 453.800 and rules supersede contrary laws or regulations. Each provision of ORS 453.605 to 453.800 or rules pursuant thereto supersedes any inconsistent provision of any ordinance, resolution, regulation, rule or order of any county, city, other political subdivision or public corporation of this state. [1961 c.664 §14; 1973 c.90 §4]

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ORS 453.745 Intergovernmental cooperation to control radiation sources. (1) Subject to the approval of the Governor, to protect the public health and safety and to assist in the peaceful uses of radiation sources the Oregon Health Authority may cooperate with the federal government, other states or interstate agencies to perform functions, including inspection, that relate to control of radiation sources

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ORS 453.750 [1975 c.241 §3; 1987 c.158 §85; renumbered 453.805 in 1995]

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ORS 453.752 X-ray machine registration; inspection and testing requirements; evidence of registration. (1) An X-ray machine may not be operated unless the X-ray machine has a valid X-ray machine registration

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