Chapter 453 — Chapter 453

ORS 453.754 Application for X-ray machine registration; renewal notice. (1) Each application for an X-ray machine registration shall be in writing and shall state such information as the Oregon Health Authority by regulation determines to be necessary. The application shall be accompanied by the registration fee due under ORS 453.757

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ORS 453.755 [1971 c.734 §66; 1975 c.241 §2; renumbered 453.807 in 1995]

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ORS 453.757 X-ray machine biennial registration fee; annual license fees; use of fees; rules. (1) The Oregon Health Authority shall impose the following biennial registration fees for a registration issued under ORS 453.752

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ORS 453.761 X-ray machine registration period; denial, conditioning, suspension or revocation of registration; termination. (1) An X-ray machine registration for a hospital radiological provider shall be valid for two years, expiring in the second year on the last day of the month of issuance

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ORS 453.765 [Formerly 453.590; 1979 c.726 §1; renumbered 469.533]

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ORS 453.766 Prohibited conduct. A person shall not knowingly

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ORS 453.770 [Formerly 453.595; 1979 c.726 §2; renumbered 469.536]

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ORS 453.771 Imposition of civil penalty for X-ray machine registration violations. Upon a complaint by any person, the Oregon Health Authority may investigate any alleged act prohibited by ORS 453.766. If, after investigation by an authority-employed X-ray machine inspector, the authority has reason to believe a prohibited act has been committed, the authority may impose a civil penalty. Any person subject to a civil penalty under this section may request a hearing before the authority. The hearing shall be conducted in accordance with ORS 183.413 to 183.470. [1995 c.444 §6; 2009 c.595 §913]

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ORS 453.775 Duties of Oregon Health Authority pertaining to X-ray machines. The Oregon Health Authority shall

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ORS 453.780 Radiology inspectors; license; minimum qualifications. (1) All applicants for accreditation as radiology inspectors shall possess at a minimum one of the following combinations of education and experience

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ORS 453.785 Accreditation; renewal. (1) Accreditation as a radiology inspector shall be valid for two years and shall expire in the second year on the last day of the month of issuance unless renewed

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ORS 453.790 Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation; rules. The Oregon Health Authority may condition, suspend, revoke or refuse to renew accreditation of a radiology inspector for the following reasons

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ORS 453.795 Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors; rules. The Oregon Health Authority shall

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ORS 453.800 X-ray Machine Inspection Account; sources; use of moneys in account. (1) There is created in the General Fund of the State Treasury an X-ray Machine Inspection Account. Moneys credited to the account are continuously appropriated to the Oregon Health Authority for the carrying out of ORS 453.752 to 453.795

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ORS 453.805 Elimination of radiation source danger; compelling compliance. (1) Whenever it appears to the Director of the Oregon Health Authority that a radiation source is presenting an imminent and substantial endangerment to the health or safety of persons, the director may, without the necessity of prior administrative procedures or hearing, enter an order requiring the person or persons responsible for the radiation source to immediately take such action as is necessary to eliminate the endangerment. The director shall, if requested, provide a prompt hearing after such order, in accordance with ORS chapter 183, after which the order shall be continued, modified or revoked

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ORS 453.807 When hearing required; procedure; rules. (1) Where the Oregon Health Authority proposes to refuse to issue or renew a license, to modify, amend, revise, revoke or suspend a license or to determine compliance with or grant exemption from a regulation of the authority, opportunity for hearing shall be accorded as provided in ORS chapter 183

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ORS 453.810 [1969 c.444 §1; repealed by 1979 c.290 §7]

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ORS 453.820 [1969 c.444 §2; repealed by 1979 c.290 §7]

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ORS 453.825 Department of Transportation plan for regulating transport of hazardous substances and radioactive waste. (1) The Department of Transportation shall coordinate development of a single plan and procedure for the regulation of the transportation of hazardous material and waste and radioactive material and waste in Oregon

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ORS 453.830 [1969 c.444 §3; 1979 c.750 §1; repealed by 1979 c.290 §7]

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ORS 453.835 Report to legislative committee. The Department of Transportation shall submit regular reports on progress made toward completion of the plans to a committee designated by the Speaker of the House and the President of the Senate. If no such committee is designated, the reports shall be submitted to the Emergency Board. [1985 c.696 §3]

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ORS 453.840 [1969 c.444 §4; repealed by 1979 c.290 §7]

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ORS 453.850 [1969 c.444 §5; repealed by 1979 c.290 §7]

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ORS 453.855 Purpose. It is the purpose of ORS 105.555, 431.175 and 453.855 to 453.912 to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by law, whereby property which endangers the life, safety or welfare of the general public or occupants of property because of toxic chemical contamination that may result from illegal drug manufacturing may be required to be decontaminated, vacated and secured against use, or demolished. [1989 c.915 §1]

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ORS 453.858 Definitions for ORS 453.855 to 453.912. As used in ORS 453.855 to 453.912

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ORS 453.861 Applicability. The provisions of ORS 105.555, 431.175 and 453.855 to 453.912 apply to any property that is known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe that the property has been used as an illegal drug manufacturing site. Nothing in ORS 105.555, 431.175 and 453.855 to 453.912 applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance are kept, stored or located in or on the property for the purpose of lawful sale or use of these items. [1989 c.915 §3; 1999 c.861 §4]

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ORS 453.864 Rules. The Director of the Oregon Health Authority shall adopt rules to carry out ORS 105.555, 431.175 and 453.855 to 453.912. The rules shall be developed in consultation with

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ORS 453.867 Restriction on transfer of property used as illegal drug manufacturing site; contracts voidable. (1) Unless determined fit for use, pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the Oregon Health Authority, or as authorized by ORS 453.870, no person shall transfer, sell, use or rent any property knowing or having reasonable grounds to believe it was used as an illegal drug manufacturing site

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ORS 453.870 Transfer allowed after full disclosure. (1) Any property that is not fit for use as determined under ORS 453.876 may be transferred or sold if full, written disclosure, as required by rules of the Oregon Health Authority, is made to the prospective purchaser, attached to the earnest money receipt, if any, and shall accompany but not be a part of the sale document nor be recorded. However, such property shall continue to be subject to the provisions of ORS 453.876, regardless of transfer or sale under this section

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ORS 453.873 Entry onto property; purposes; inspection. For the purposes of enforcement of ORS 105.555, 431.175 and 453.855 to 453.912, the Director of the Oregon Health Authority or a designee thereof or the State Fire Marshal or a designee thereof, upon presenting appropriate credentials and a warrant, if necessary, issued under ORS 431.175 to the owner or agent of the owner, may

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ORS 453.876 Determination that property is not fit for use; appeal; notice to local residents. (1) The Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or a designee thereof or any law enforcement agency may determine that property is not fit for use pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and applicable rules adopted by the Oregon Health Authority and may make that determination on site. The determination is effective immediately and renders the property not fit for use

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ORS 453.879 Director of the Department of Consumer and Business Services to be notified of determination. When the Director of the Oregon Health Authority or a designee thereof, the State Fire Marshal or designee thereof or any law enforcement agency makes a determination that property subject to ORS 105.555, 431.175 and 453.855 to 453.912 is not fit for use, the Director of the Oregon Health Authority or designee thereof shall notify the Director of the Department of Consumer and Business Services of the determination. The Director of the Department of Consumer and Business Services shall list the property as not fit for use until the Director of the Department of Consumer and Business Services is notified that the property has been certified by the Oregon Health Authority pursuant to ORS 453.885, or the initial determination is reversed on appeal, or the property is destroyed. Upon receipt of the certificate, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list described in this section. [1989 c.915 §10; 2003 c.14 §279; 2009 c.595 §927]

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ORS 453.882 Contaminated property as public nuisance. The owner of property shall be considered to be maintaining a public nuisance subject to being enjoined or abated under ORS 105.550 to 105.600 if the property has been determined to be not fit for use under ORS 453.876 and the owner

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ORS 453.885 Decontamination of property; certification process. (1) The owner of property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912 who desires to have the property certified as fit for use may use the services of a contractor licensed by the Oregon Health Authority to decontaminate the property or, upon approval by the authority, the owner, or an agent of the owner, may perform the decontamination work. The contractor, in coordination with the owner or agent of the owner, shall prepare and submit a written work plan for decontamination to the authority. If the work plan is approved and the decontamination work is completed according to the plan and is properly documented, the authority shall certify the property as having been decontaminated in compliance with rules of the authority. Upon the completion of the work plan, the authority shall require the licensed contractor’s affidavit of compliance with the approved work plan

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ORS 453.886 Notice by county or local government required before incurring costs; owner’s or lienholder’s proposal for decontamination and certification; injunction to prevent use of property; priority for liens for costs incurred. (1) Before incurring costs to decontaminate a property that is a nuisance described in ORS 105.555 (1)(c) or to have the property certified as fit for use under ORS 453.885, a county or other local government shall give notice to each owner of record for the property and to each person that has a mortgage, trust deed or other lien on the property recorded in the county deed records. A notice given by the county or local government to an owner or lienholder shall allow the owner or lienholder not less than 60 days to respond

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ORS 453.888 License required to perform decontamination; procedure; grounds for denial, revocation or suspension of license; civil penalty; rules. (1) The Oregon Health Authority by rule shall establish performance standards for contractors under ORS 105.555, 431.175 and 453.855 to 453.912

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ORS 453.891 Oregon Health Authority to provide information to licensed contractors and those planning to become licensed. Between the dates of scheduled training for contractors under ORS 453.888, the Oregon Health Authority shall be available to consult with licensed contractors, as well as those planning to become licensed, on information pertinent to illegal drug manufacturing sites, including but not limited to chemicals found at such sites and their toxicity, new or revised decontamination procedures, personal protective equipment and applicable federal regulations and state rules. [1989 c.915 §19; 2009 c.595 §930]

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ORS 453.894 Licensing fees; rules. (1) The Oregon Health Authority shall establish by rule a schedule of fees for at least the following

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ORS 453.897 Lists of licensed contractors to be made available. The Oregon Health Authority shall provide lists of the names of contractors licensed under ORS 105.555, 431.175 and 453.855 to 453.912 to the Director of the Department of Consumer and Business Services who shall distribute the lists to local building code enforcement agencies. The local agencies shall make the list available on request and shall supply a copy to any property owner whose property is determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912. [1989 c.915 §15; 2009 c.595 §932]

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ORS 453.900 Inspection of decontamination work; contracts to perform. The Oregon Health Authority may contract with state or local agencies or private persons to perform any inspection or to obtain any samples relative to determining the adequacy of decontamination work. [1989 c.915 §16; 2009 c.595 §933]

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ORS 453.903 Evaluation of decontamination projects; civil penalty. The Oregon Health Authority shall evaluate annually a number of the property decontamination projects performed by licensed contractors to determine the adequacy of the decontamination work, using the services of an independent environmental contractor or state or local agency. If a project fails the evaluation and inspection, the contractor is subject to a civil penalty and license suspension that prohibits the contractor from performing additional work until deficiencies have been corrected on the project. Civil penalties under this section shall be imposed as provided in ORS 183.745. [1989 c.915 §18; 1991 c.734 §30; 2009 c.595 §934]

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ORS 453.906 Condemnation or demolition of property; standards; rules. The Director of the Department of Consumer and Business Services shall adopt rules fixing uniform standards whereby local building code enforcement agencies may require that property determined under ORS 105.555, 431.175 and 453.855 to 453.912 to be not fit for use may be subject to action to condemn or demolish the property or to require the property be vacated or contents be removed from the property. [1989 c.915 §17]

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ORS 453.909 Authority of counties and cities. Counties and cities by ordinance may prohibit use or occupancy of or provide for regulation of any property so long as such prohibition or regulation is consistent with ORS 105.555, 431.175 and 453.855 to 453.912 and rules of the Oregon Health Authority. [1989 c.915 §20; 1999 c.861 §6; 2009 c.595 §935]

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ORS 453.912 Governmental immunity from liability. The state and any local government, their officers, agents and employees shall not be liable for loss or injury resulting from the presence of any chemical or controlled substance at a site used to manufacture illegal drugs or from actions taken to carry out the provisions of ORS 105.555, 431.175 and 453.855 to 453.912 except for liability for damages resulting from gross negligence or intentional misconduct by the state or local government. [1989 c.915 §21]

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ORS 453.990 Criminal penalties. (1) Any violation of ORS 453.175 or 453.185 or any rules of the State Board of Pharmacy thereunder is a Class C misdemeanor

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ORS 453.992 [Amended by 1969 c.631 §16; 1977 c.582 §53; repealed by 1995 c.658 §127]

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ORS 453.994 [1971 c.609 §27; renumbered 469.992]

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ORS 453.995 Civil penalties. (1) In addition to any other liability or penalty provided by law, the Oregon Health Authority may impose a civil penalty on a person for violation of

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