Title 36, Public Health and Safety

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,…

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…

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 o…

As used in ORS 453.855 to 453.912: (1) “Illegal drug manufacturing site” means any property on which there is a reasonably clear possibility of contamination with chemicals associated with the manufacturing of controlled substances and: (a) Where activity involving the unauthoriz…

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. No…

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: (1) The State Fire Marshal or designee; (2) The director of the Poison Control and Drug Information Program o…

(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 us…

(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 acc…

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…

(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…

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 Oreg…

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: (1) Allows the property to be used as if it we…

(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, up…

(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 …

(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. (2) The authority shall train and test, or may approve courses to train and test, contractors’ personnel on the essential elements in a…

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 bu…

(1) The Oregon Health Authority shall establish by rule a schedule of fees for at least the following: (a) Initial licenses and renewal under ORS 105.555, 431.175 and 453.855 to 453.912. (b) Training courses and examinations conducted by or on behalf of the authority. (c) Reexami…

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. T…

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]

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. I…

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…

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.8…

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…

(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. (2) Violation of any of the provisions of ORS 453.005 to 453.135 is a Class B misdemeanor. A second and subsequent violation of any of the provisions of OR…

(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: (a) ORS 453.885; or (b) ORS 453.005 to 453.135 or rules adopted under ORS 453.005 to 453.135 by the authority. (2) A civil penal…

As used in ORS 454.010 to 454.040, unless the context requires otherwise: (1) “Construction” means any one or more of the following: Preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or stud…

The Environmental Quality Commission may require each user of the treatment works of a municipality to comply with the toxic and pretreatment effluent standards and inspection, monitoring and entry requirements of the Federal Water Pollution Control Act, as enacted by Congress, O…

After January 1, 1991, no point source sewage treatment discharge shall be sited or constructed in the area generally defined as the Abernethy Creek Basin in Clackamas County. [1991 c.849 §2]

(1) A municipality is authorized to adopt a system of charges and rates to assure that each recipient of treatment works services within the municipality’s jurisdiction or service area will pay its proportionate share of the costs of operation, maintenance and replacement of any …

In determining the amount of treatment works costs to be paid by recipients of treatment works services, the municipality or, if applicable, the Environmental Quality Commission shall consider the strength, volume, types and delivery flow rate characteristics of the waste; the na…

The Environmental Quality Commission may adopt, modify or repeal rules, pursuant to ORS chapter 183, for the administration and implementation of ORS 454.010 to 454.060. [1973 c.101 §6]

The powers and authority granted to a municipality or the Environmental Quality Commission by ORS 454.010 to 454.050 are in addition to, and not in lieu of, or derogation of any other powers and authority vested in a municipality or the commission pursuant to law. [1973 c.101 §7]…