Title 36, Public Health and Safety

(1) The State Plumbing Board may, by rule, grant partial or complete exemptions from any of the provisions of ORS 447.010 to 447.156 and 455.010 to 455.740 to any plumbing product if it is determined that the plumbing product does not present a danger to the health and safety of …

(1) Except as provided under ORS 447.154 and subsection (3) of this section, no person shall offer to sell, sell or dispose of, by gift or otherwise, in connection with the person’s business an uncertified plumbing product. (2) The provisions of ORS 447.152, 447.154 and 447.156 d…

As used in ORS 447.210 to 447.280, unless the context requires otherwise: (1) “Affected buildings” includes any place of public accommodations and commercial facilities designed, constructed and altered in compliance with the accessibility standards established by the Americans w…

It is the purpose of ORS 447.210 to 447.280 to make affected buildings, including but not limited to commercial facilities, public accommodations, private entities, private membership clubs and churches, in the state accessible to and usable by persons with disabilities, as provi…

(1) The Director of the Department of Consumer and Business Services shall, pursuant to ORS 455.030 and ORS chapter 183, establish standards and specifications in the structural code necessary to eliminate architectural barriers to entry to and use of affected buildings and their…

Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilit…

(1) The Director of the Department of Consumer and Business Services shall include in the state building code, as defined in ORS 455.010, a requirement that the number of accessible parking spaces specified in subsection (2) of this section be provided for affected buildings subj…

(1) Every project for renovation, alteration or modification to affected buildings and related facilities that affects or could affect the usability of or access to an area containing a primary function shall be made to insure that, to the maximum extent feasible, the paths of tr…

(1) Elevators are required: (a) In all shopping centers, shopping malls, professional offices of health care providers and government buildings that are covered by Title II of the Americans with Disabilities Act; (b) In all other commercial facilities, private entities and places…

(1) When a person or governmental entity undertaking the construction, renovation, alteration or modification of an affected building or its related facilities determines that a particular standard or specification exceeds the standards or specifications imposed by the Americans …

(1) It is the intent of the Legislative Assembly that any affected buildings, the construction costs of which are paid for in whole or in part by lottery funds, shall be accessible to and usable by persons with disabilities in the manner prescribed in ORS 447.210 to 447.280. (2) …

(1) The Director of the Department of Consumer and Business Services may promulgate rules reasonably necessary to implement and enforce ORS 447.210 to 447.280 as part of the structural code including, but not limited to, rules authorizing the director to waive or modify any stand…

The Director of the Department of Consumer and Business Services or the designated representative of the director shall cooperate with and receive the assistance of all persons, all appropriate elective or appointive public officials and all state or governmental agencies in carr…

Architects, engineers or other persons designing buildings; contractors and other persons erecting buildings; building officials, plans examiners, inspectors, the Director of the Department of Consumer and Business Services, the State Fire Marshal, State Fire Marshal deputies, mu…

The provisions of ORS 447.210 to 447.280 and rules adopted under them shall be considered part of the state building code and violations shall be subject to the provisions of ORS 455.450. [1971 c.320 §8; 1973 c.539 §10; 1979 c.133 §6]

(1) The standard for construction of curbs on each side of any city street, county road or state highway, or any connecting street, road or highway for which curbs and sidewalks have been prescribed by the governing body of the city or county or Department of Transportation havin…

The State Plumbing Board may impose a civil penalty for a violation of ORS 447.010 to 447.156 and 447.992 or rules adopted for the administration and enforcement of those sections. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001…

As used in ORS 448.005 to 448.090, unless the context requires otherwise: (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”…

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 poo…

ORS 448.005 to 448.090 shall not apply to those facilities described in ORS 446.435. [1983 c.781 §6]

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.…

(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. (2) The application must be accompanied by a description of the sources of water supply, a…

(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. (2) An annual fee of $275 shall be paid for a license to operate a public swimming pool, public spa pool,…

(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. (2) The authori…

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 …

(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 pertai…

(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. (2) Any public swimming pool, public spa pool, public wading po…

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…

No provisions of ORS 448.005 to 448.100 apply to natural bathing places. [1979 c.453 §9]

(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…

As used in ORS 448.115 to 448.285, 454.235 and 454.255 unless the context requires otherwise: (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…

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…

(1) It is the purpose of ORS 448.119 to 448.285, 454.235 and 454.255 to: (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…

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]

(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. (2) In order to insure safe drinking water, the authority shall prescribe: (a) Construction standards go…

(1) The Oregon Health Authority may grant variances from standards if: (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…

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: (1) The authority has not granted a variance from standards as provided unde…

(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. (2) The authority shall prescribe a complian…

(1) The Oregon Health Authority shall: (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 th…

(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. (2) The committee created under this section shall consist of 15 members ap…

The Oregon Health Authority: (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, di…

(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. (2) The Oregon Health Authority, in coordination with the Department of Environmental Quality as further provided for in …

(1) The Oregon Health Authority shall maintain a plan outlining actions to be taken by the authority during emergencies relating to water systems. (2) The authority may require that a water supplier compile an emergency plan if it appears necessary to the Director of the Oregon H…

(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. (2) Cities or counties, whichever have authority to…

(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 …

Subject to ORS chapter 183, the Oregon Health Authority: (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 st…

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]

(1) Whenever a water system or part thereof presents or threatens to present a public health hazard requiring immediate action to protect the public health, safety and welfare, the Director of the Oregon Health Authority may request the district attorney of the county wherein the…

(1) Whenever the Director of the Oregon Health Authority has reasonable grounds to believe that a water system or part thereof is being operated or maintained in violation of any rule adopted pursuant to ORS 448.115 to 448.285, 454.235 and 454.255, the director shall give written…

(1) It shall be unlawful for any person to do any of the following if the result would be to pollute a source of a water system or to destroy or endanger a water system: (a) Establish or maintain any slaughter pen, stock-feeding yards or hogpens. (b) Deposit or maintain any uncle…