ORS Chapter 448
Chapter 448 — PoolFacilities; Water and Sewage Systems
2009 EDITION
POOLFACILITIES; WATER & SEWAGE SYSTEMS
PUBLICHEALTH AND SAFETY
POOLFACILITIES
448.005 Definitionsfor ORS 448.005 to 448.090
448.011 Powersof Oregon Health Authority; rules
448.015 Applicabilityof ORS 448.005 to 448.090
448.020 Permitrequired to construct or alter pool facilities
448.030 Permitapplication; contents; issuance or denial; plan review and construction permitfees
448.035 Annuallicense required to operate; fees; expiration date
448.037 Variance;application; fee
448.040 Entryon premises for inspection purposes; reports
448.051 Inspectionof facilities; suspension or revocation of permit or license; hearings onsuspension or revocation
448.060 Operatingpool or other facility without permit; public nuisance; abatement
448.090 Dispositionof moneys
448.095 Naturalbathing places exempt
448.100 Delegationto county to administer ORS 448.005 to 448.060; standards; fees; suitsinvolving validity of administrative rule
WATERSYSTEMS
(Generally)
448.115 Definitionsfor ORS 448.115 to 448.285
448.119 Applicationof ORS 448.119 to 448.285 and other provisions to water systems
448.123 Purpose
448.127 Shorttitle
(Administration)
448.131 Waterquality, construction and installation standards; rules; effect on existingfacilities; fees
448.135 Variances;notice
448.140 Permitfor operation of water system
448.145 Whenpermit may be issued; compliance schedule; hearing; notice
448.150 Dutiesof authority; fee
448.153 StateDrinking Water Advisory Committee; rules
448.155 Technicalassistance and training; public information
448.160 Emergencyplans
448.165 Localgovernment water service plans
448.170 Agreementto authorize local government to exercise duties; suits involving validity ofadministrative rule
448.175 Powerof Oregon Health Authority to order compliance
448.180 Waiverof construction standards
448.250 Remedywhen system a health hazard; special master; sale of system
448.255 Noticeof violation; content; hearing; order; appeal
448.265 Prohibitedactions; nuisance abatement
448.268 Areaof ground water concern; declaration
448.271 Transferof property that includes well; testing; effect
(FederalSafe Drinking Water Act Administration)
448.273 FederalSafe Drinking Water Act administration
448.277 Authorityas administrator
(Cross-Connectionsand Backflow Assemblies)
448.278 Programfor regulating cross-connections and backflow assemblies; fees
448.279 Certificationof inspectors of cross-connections and testers of backflow assemblies; fees;rules
(CivilPenalties)
448.280 Civilpenalties; notice
448.285 Penaltyschedule; factors to be considered in imposing penalty; rules
448.290 Processfor imposing civil penalty; rules
(Jurisdictionof Cities)
448.295 Jurisdictionof cities over property used for system or sources
448.300 Cityordinance authority
448.305 Specialordinance authority of certain cities
448.310 Investigationof complaints
448.315 Specialpolice to enforce ORS 448.295
448.320 Jurisdictionover violations of city ordinances
448.325 Injunctionto enforce city ordinances
(WaterPipes and Fittings)
448.330 Moratoriumof pipe and fittings for potable water supply; acceptability criteria;exceptions; rules
OPERATORCERTIFICATION FOR SEWAGE TREATMENT WORKS AND POTABLE WATER TREATMENT PLANTS
(Generally)
448.405 Definitionsfor ORS 448.405 to 448.465
448.407 Advisorycommittee to commission and Oregon Health Authority
448.409 Biennialreport
(SewageTreatment Works)
448.410 Authorityand duties of Environmental Quality Commission; rules; fees
448.415 Certificationrequired for operators
448.420 Specialcertification provisions
448.425 Depositand use of fees
448.430 Certificationexception
(PotableWater Treatment Plants)
448.450 Powersand duties of Oregon Health Authority; rules; fees
448.455 Certificationrequired for operators
448.460 Specialcertification provisions
448.465 Depositof fees
PENALTIES
448.990 Penaltiesfor violations of pool facility or water system requirements
448.992 Sewagetreatment works violation penalties
448.994 Potablewater treatment plant violation penalty
POOLFACILITIES
448.005Definitions for ORS 448.005 to 448.090. 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 toiletfacilities for use with an adjacent public swimming pool.
(3)“Director” means the Director of the Oregon Health Authority.
(4)“Person” has the meaning given that term in ORS 174.100, but also includesmunicipalities, recreation districts, counties and state agencies orinstrumentalities.
(5)“Public spa pool” means a public swimming pool or wading pool designedprimarily to direct water or air-enriched water under pressure onto the bather’sbody with the intent of producing a relaxing or therapeutic effect.
(6)“Public swimming pool” means an artificial structure, and its appurtenances,that contains water more than two feet deep, is expressly designated or usedwith the knowledge and consent of the owner or operator for swimming orrecreational bathing, and is for the use of any segment of the public. “Publicswimming pool” includes, but is not limited to, swimming pools owned oroperated by:
(a)Travelers’ accommodations;
(b)Recreation parks;
(c)Colleges;
(d)Schools;
(e)Organizational camps as defined in ORS 446.310;
(f)Clubs;
(g)Associations;
(h)Business establishments for their patrons or employees;
(i)Private persons and that are open to the public;
(j)Recreation districts;
(k)Municipalities;
(L)Counties; or
(m)State agencies.
(7)“Public wading pool” means an artificial structure, and its appurtenances, thatcontains water less than two feet deep, is expressly designated or used withthe knowledge and consent of the owner or operator for wading or recreationalbathing, and is for the use of any segment of the public, whether limited topatrons of a companion facility or not.
(8)“Recreation park” means those facilities as defined by ORS 446.310.
(9)“Travelers’ accommodation” means those facilities as defined by ORS 446.310.
(10)“Variance” means written permission from the authority for a public swimmingpool, public spa pool or public wading pool to be operated when it does notcomply with all the applicable rules for public swimming pools, public spapools or public wading pools. [1961 c.566 §1; 1973 c.215 §1; 1979 c.453 §1;1983 c.707 §22; 1983 c.781 §1; 1999 c.59 §125; 2001 c.104 §186; 2001 c.900 §195;2009 c.595 §827]
448.010 [Repealed by1961 c.566 §2 (448.011 enacted in lieu of 448.010)]
448.011Powers of Oregon Health Authority; rules. The Oregon Health Authorityshall make such rules pertaining to the submission of plans for construction,issuance of permits, design, construction, size, shape, purification equipment,piping, operation, sanitation and accident prevention for public swimmingpools, public spa pools, public wading pools and bathhouses as it deemsnecessary. [1961 c.566 §3 (enacted in lieu of 448.010); 1971 c.650 §24; 1973c.215 §2; 1999 c.929 §8; 2009 c.595 §828]
448.015Applicability of ORS 448.005 to 448.090. ORS 448.005 to 448.090 shall not applyto those facilities described in ORS 446.435. [1983 c.781 §6]
448.020Permit required to construct or alter pool facilities. No person shallconstruct or perform a major alteration or reconstruction of a public swimmingpool, public spa pool, public wading pool or bathhouse without a permit to doso from the Oregon Health Authority. [Amended by 1961 c.566 §4; 1973 c.215 §3;1979 c.453 §2; 1999 c.929 §1; 2009 c.595 §829]
448.030Permit application; contents; issuance or denial; plan review and constructionpermit fees.(1) Any person desiring to construct any public swimming pool, public spa pool,public wading pool or bathhouse shall file application for a permit to do sowith the Oregon Health Authority.
(2)The application shall be accompanied by a description of the sources of watersupply, amount and quality of water available and intended to be used, methodand manner of water purification, treatment, disinfection, heating, regulatingand cleaning, lifesaving apparatus, and measures to insure safety of bathers,measures to insure personal cleanliness of bathers, methods and manner ofwashing, disinfecting, drying and storing bathing apparel and towels, and allother information and statistics that may be required by the authority. Theauthority shall either approve or reject the application based upon the planssubmitted and either issue or deny