Title 36, Public Health and Safety

(1) The Oil and Hazardous Material Transportation by Rail Action Fund is established in the State Treasury, separate and distinct from the General Fund. The Oil and Hazardous Material Transportation by Rail Action Fund shall consist of all moneys placed in the fund as provided by…

As used in ORS 453.396 to 453.414: (1) “Department” means the Department of Revenue. (2) “Facility” means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the sam…

It is the intent of ORS 453.396 to 453.414 to impose a fee on the possession of hazardous substances at facilities in this state. These provisions are not intended to relieve any person from any other duty or responsibility imposed by law. [1989 c.833 §122]

(1) Beginning January 1, 1990, and annually thereafter, any person possessing a hazardous substance at a facility in this state in aggregate amounts at or above the threshold quantities designated by rule by the State Fire Marshal shall pay a fee for each facility in accordance w…

(1) The State Fire Marshal shall annually send a statement to each person subject to the fee imposed under ORS 453.400, indicating the amount of the fee due. The amount of the fee shall be in accordance with the fee schedules established under subsection (2) of this section. (2) …

(1) The State Fire Marshal for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 453.396 to 453.414. The extension may be granted at any time if a written request is filed with the State Fire Marshal within or prior to the period fo…

(1) Every person who possesses a hazardous substance shall keep at its registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, used or manufactured a…

(1) The Department of Revenue, in consultation with the State Fire Marshal, is authorized to establish those rules and procedures for the implementation and enforcement of ORS 453.396 to 453.414 that are consistent with its provisions and are considered necessary and appropriate.…

The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenain…

All moneys received by the Department of Revenue under ORS 453.396 to 453.414 shall be deposited in the State Treasury and credited to a suspense account established under ORS 293.445. After payment of administration expenses incurred by the department in the administration of OR…

Nothing in ORS 453.396 to 453.412 shall require units of local government to pay a fee imposed under the schedules established under ORS 453.402 (2)(a) and (b) because of the use of material which would otherwise be subject to a fee under ORS 453.396 to 453.414, if the use of suc…

(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.). (2) The department shall: (a) Provide, in a timely manner,…

As used in ORS 453.605 to 453.800, unless the context requires otherwise: (1) “By-product material” means radioactive material, other than special nuclear material, that is yielded or made radioactive by exposure to the radiation incident to the process of producing or utilizing …

It is the policy of the State of Oregon in furtherance of its responsibility to protect the public health and safety: (1) To institute and maintain a regulatory program for radiation sources so as to provide for: (a) Compatibility with the standards and regulatory programs of the…

It is the purpose of ORS 453.605 to 453.800 to effectuate the policies set forth in ORS 453.615 by providing for: (1) A program of effective regulation of radiation sources for the protection of the occupational and public health and safety; (2) A program to promote an orderly re…

(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 Transpor…

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 exper…

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 ca…

(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 nuc…

(1) Each person shall obtain a vendor license from the Oregon Health Authority before engaging in the business of: (a) Selling, leasing, transferring, lending, installing, marketing, servicing, inspecting, repairing or calibrating a radiation device or equipment, including an X-r…

(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 certai…

(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. Wh…

(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 othe…

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…

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 45…

As used in ORS 453.726 to 453.734, unless the context requires otherwise: (1) “Phototherapy device” means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease or illness. (2) “Tanning device” means any equipment that emits elec…

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: (1) Sunburn; (2) Premature aging of the skin; (3) Skin cancer; (4) Retina…

(1) Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. (2) ORS 453.726 to 453.734 do not apply to a phototherapy device used by or under the direct supervision of a physician licensed under ORS chapter 677. [Formerly 431.9…

(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 …

(1) A tanning facility shall give each customer a written statement warning that: (a) Not wearing the protective eye wear provided to each customer by the tanning facility may cause damage to the eyes. (b) Overexposure to the tanning process causes burns. (c) Repeated exposure to…

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…

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…

(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. (b) An entity may allow a person who is…

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]

(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 …

(1) An X-ray machine may not be operated unless the X-ray machine has a valid X-ray machine registration. (2) Prior to issuance of an X-ray machine registration to a hospital, the X-ray machine shall be approved by an X-ray machine inspector employed by the Oregon Health Authorit…

(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. (2) Not less th…

(1) The Oregon Health Authority shall impose the following biennial registration fees for a registration issued under ORS 453.752: (a) For a dental, academic or veterinary X-ray tube, $210. (b) For an industrial or podiatry X-ray tube, $285. (c) For a hospital, radiological, chir…

(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. (2) An X-ray machine registration for a chiropractic, osteopathic or medical doctor office or clinic shall be…

A person shall not knowingly: (1) Misrepresent a device evidencing X-ray machine registration as evidencing the registration of a different X-ray machine. (2) Alter, obscure, deface or remove a device evidencing registration of an X-ray machine registration. (3) Operate an X-ray …

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 …

The Oregon Health Authority shall: (1) Develop programs to evaluate hazards associated with the use of X-ray machines. (2) Promulgate standards and make reasonable regulations relating to the registration of X-ray machines, X-ray machine operation, physical surroundings and equip…

(1) All applicants for accreditation as radiology inspectors shall possess at a minimum one of the following combinations of education and experience: (a) One year of experience and one of the following: (A) Certification by the American Board of Radiology or the American Board o…

(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. (2) Accreditation may be renewed if the radiology inspector has complied with the continuing education requirements…

The Oregon Health Authority may condition, suspend, revoke or refuse to renew accreditation of a radiology inspector for the following reasons: (1) Knowingly falsifying information included on the inspection report form supplied by the authority. (2) Substantially failing to comp…

The Oregon Health Authority shall: (1) Develop testing, training and continuing education standards for accredited radiology inspectors. (2) Adopt rules for the proper inspection of X-ray machines for registration purposes and for regulating the professional activities of accredi…

(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. (2) All registration fees paid pursuant …

(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 a…

(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…

(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. (2) In developing the plan under subsection (1) of this section,…