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