justicedao/ipfs_state_laws huggingface dataset:
333-028-0350 Local School Dental Sealant Programs: Compliance (1) A Local School Dental Sealant Program (SDSP) must notify the Oregon Health Authority, Public Health Division, Oral Health Program (Program) within 10 business days of any change that brings the Local SDSP out of compliance with the certification requirements. A Local SDSP must submit a waiver within 10 business days to the Program that includes: (a) Explanation of the non-compliant requirement; (b) Plan for corrective action; and (c) Date for compliance. (2) The Program will review the waiver request and inform the Local SDSP of approval or denial of the waiver within 10 business days of submission. Services may be provided until the Local SDSP has been notified of the result of its waiver request. (3) If the waiver is approved, the Local SDSP will be provided provisional certification and must comply with certification requirements by the proposed date of compliance. (4) If a waiver is denied; a Local SDSP does not come into compliance by the date of compliance stated on the waiver; or a Local SDSP is out of compliance with certification requirements and has not submitted a waiver, the Program, in its discretion, shall: (a) Require the Local SDSP to complete an additional waiver with an updated plan for corrective action and updated date for compliance; (b) Require the Local SDSP to complete a waiver to satisfy the requirements in section (1) of this rule; (c) Issue a written warning with a timeline for corrective action; or (d) Issue a letter of non-compliance with notification of a suspension or decertification status. The Program will notify the Coordinated Care Organization (CCO) operating in the community and Local SDSP schools that a Local SDSP has been suspended or decertified. Dental sealants may not be provided in the school until the Local SDSP is certified. (5) A Local SDSP that had been decertified may be reinstated after reapplying for certification and receiving approval by the Program. (6) A Local SDSP with suspended certification status may have its suspension lifted once the Program determines that compliance with certification requirements has been satisfactorily achieved. The Program will notify the CCOs operating in the community and schools that the Local SDSP’s suspension has been lifted and that dental sealants may now be provided in the school. (7) If there are updates to the current rules that require a Local SDSP to make any operational changes, the Program will allow the Local SDSP until the beginning of the next certification year or a minimum of 90 days to come into compliance. This does not apply to rules amended during a declared state of emergency or public health emergency, or where the rule explicitly states a Local SDSP must comply immediately. Statutory/Other Authority: ORS 431A.725 Statutes/Other Implemented: ORS 431A.725 History: PH 69-2024, amend filed 07/30/2024, effective 08/01/2024 PH 8-2022, amend filed 01/28/2022, effective 01/28/2022 PH 3-2018, amend filed 01/16/2018, effective 01/16/2018 PH 2-2016, f. & cert. ef. 1-29-16
333-029-0005 Purpose These rules adopted pursuant to the provisions of ORS 446.330, prescribe the requirements for the construction and operation of travelers’ accommodations and hostels. They are for the purpose of protecting the health and welfare of persons using those facilities. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.315 & 446.310 - 446.375 History: HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0010 Adoption by Reference Outside standards, listings, and publications referred to in these rules are by reference made a part of this division. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 183.355 History: HD 5-1985, f. & ef. 4-25-85 HD 1-1978, f. & ef. 1-4-78
333-029-0015 Definitions As used in these rules unless otherwise required by context: (1) "Administrator" means the Assistant Director for Oregon Health Authority, Public Health Division. (2) "Approval or Approved" means approved in writing. (3) "Division" means Health Services of the Oregon Health Authority, Public Health Division. (4) "Dormitory" means a room containing beds, cots, or other sleeping places and occupied by unrelated or separate groups and/or other individuals. Every 100 square feet of usable floor space in a dormitory shall constitute a lodging unit. (5) "Hostel" means any establishment having beds rented or kept for rent on a daily basis to travelers for a charge or fee paid or to be paid for rental or use of facilities and which are operated, managed or maintained under the sponsorship of a nonprofit organization which holds a valid exemption from federal income taxes under 26 USC Sec. 501. (6) "Issuing Authority" means the Oregon Health Authority, Public Health Division, its delegate, or contract agent. (7) "Lodging Unit" means one or more self-contained rooms for travelers' occupancy, including those for sleeping, sitting, or cooking purposes, and except where a travelers' accommodation is comprised of a single lodging unit, designated by a number, letter, or other means of identification. (8) "Person" means individuals, corporations, associations, firms, partnerships, and joint stock companies as well as public entities of any character. (9) "Tourist Facility" means any traveler's accommodation, hostel, picnic park, recreation park, and organizational camp. (10) "Travelers' Accommodation" includes any establishment, which is not a hostel, having rooms, apartments or sleeping facilities rented or kept for rent on a daily or weekly basis to travelers or transients for a charge or fee paid or to be paid for rental or use of facilities. (11) “Unregulated Small Drinking Water System” means a facility licensed under the authority of these rules that is not regulated under OAR 333-061, Public Water Systems. These systems must comply with the requirements of OAR 333-029-0075. (12) "Usable Floor Space" means all floor space in a lodging unit not occupied by closets, built-ins, toilet rooms, bathrooms, or shower rooms. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.310 & 446.330 History: PH 1-2005, f. & cert. ef. 1-14-05 HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0020 Licensure Required No person shall operate, manage, or maintain any travelers’ accommodation or hostel without first: (1) Making application for a license; (2) Paying the license application fee; and (3) Securing a license from the issuing authority. (4) All licenses issued under ORS 446.310 to 446.350 terminate and are renewable on December 31 of each year. Statutory/Other Authority: ORS 446.315 & 446.321 Statutes/Other Implemented: ORS 446.3320, 446.321 & 446.323 History: HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0025 Plans Required No person may construct, enlarge, or alter any travelers' accommodation or hostel without first: (1) Submitting complete plans and specifications of the proposed construction, enlargement, or alteration to the issuing authority; and (2) Securing plan approval from the issuing authority. (3) Plan review is made by the Oregon Building Codes Division or by jurisdictions exempt under ORS 476.030. Written evidence of plan review, construction permit issuance, and a signed occupancy permit must be presented to the local public health authority before licensing. (4) Whenever a food service facility, operating in conjunction with a travelers’ accommodation so licensed under these rules, is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service facility, properly prepared plans and specifications for such construction, remodeling or conversion must be submitted to the local public health authority for approval before construction. Plans must be submitted in accordance with Oregon Food Sanitation Rules OAR 333-150-0000 part 8-2. Statutory/Other Authority: ORS 446.330 & 624.020 Statutes/Other Implemented: ORS 446.310 - 446.350, 446.990 & 624.020 History: PH 15-2009, f. & cert. ef. 12-23-09 HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0035 Supervision The operator of a travelers’ accommodation or hostel shall be available on the premises while it is open for use. In lieu thereof, there shall be posted on the premises the name and location of the operator or his representative who shall be responsible for the operation of the facility. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0040 General Sanitation All buildings, other facilities, equipment, fixtures, furnishings and the premises of travelers’ accommodations and hostels shall be kept clean, in good repair, and maintained so as to protect the health, safety, and well being of persons using those facilities. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0060 Solid Waste (1) A minimum of one water-tight, non-absorbent and easily washable waste receptacle must be provided in each lodging unit. Such receptacle shall be kept clean and in good repair. (2) Solid waste must be collected daily from rooms and areas used by guests. (3) Solid waste must be disposed of in a manner which complies with the rules of the Department of Environmental Quality. (4) Solid waste must be stored in individual garbage containers, bins, or storage vehicles. (5) All such containers, bins, or vehicles must: (a) Have tight fitting lids or covers; and (b) Be durable, rust resistant, water-tight, rodent proof, readily washable, and kept in good repair. (6) Solid waste must be collected at regular intervals. Such intervals may not exceed seven days. Collection frequency must be such so as not to create: (a) Vector production and sustenance; (b) Objectionable odors; or (c) Any overflowing of solid waste or other unsanitary condition. (7) Solid waste must be transported in a manner that complies with Department of Environmental Quality requirements. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.310 - 446.350 & 446.990 History: PH 15-2009, f. & cert. ef. 12-23-09 HD 5-1985, f. & ef. 4-25-85 HD 1-1978, f. & ef. 1-4-78
333-029-0065 Vector Control (1) Vector control measures shall be employed to prevent vector infestations in travelers’ accommodations and hostels. (2) Insect and rodent control measures to safeguard public health and to prevent nuisance to the public shall be applied. Developed areas, buildings, and structures shall be maintained free of accumulations of debris. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0070 Spa and Swimming Pools Any spa or swimming pool located at or operated in connection with a travelers' accommodation or hostel must comply with the respective Oregon Public Health Division rules: (1) For Public Spa Pools, OAR 333-062-0005 through 333-062-0185; and (2) For Public Swimming Pools, OAR 333-060-0005 through 333-060-0515. Statutory/Other Authority: ORS 448.035 Statutes/Other Implemented: ORS 448.005 - 448.090 History: PH 15-2009, f. & cert. ef. 12-23-09 HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0076 Temporary Water Quality Variance The Division may grant a temporary variance from requirements of OAR 333-029-0075 by continuing or re-issuing previously issued certificates or licenses where: (1) Failure to comply with such rule requirements is due to failure of a community, municipal or public utility water supply system to meet Division requirements; (2) The Assistant Director is satisfied that necessary remedial action is ongoing or reasonably imminent in connection with such water supply system; and (3) Continuance or re-issuance of the certificate or license is conditioned upon the carrying out of such remedial action and the provision of such other measures by the certificate or license holder which will in the judgment of the Assistant Director afford reasonable interim protection to the public health including, but not limited to, adequate warnings to public and personnel as to the safety of the water delivered to the premises from the distribution system and notice of measures to avoid use or consumption of such water or to render it safe for consumption; adequate warnings as to the need for supervision of children and others needing supervision against use of such water; provision of alternative potable water and adequate notification as to its availability; and measures to avoid the use and the availability of water on the premises. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 Reverted to HD 3-1980, f. & ef. 2-28-80 HD 19-1983(Temp), f. & ef. 10-18-83 HD 3-1980, f. & ef. 2-28-80 HD 17-1979(Temp), f. & ef. 12-20-79 HD 16-1979(Temp), f. & ef. 11-2-79 HD 10-1979(Temp), f. & ef. 8-21-79 HD 6-1979(Temp), f. & ef. 7-5-79 HD 5-1979(Temp), f. & ef. 6-19-79
333-029-0080 Sewage Disposal (1) Travelers' accommodations and hostels must provide an adequate and safe sewerage system. (2) Sewage and waste water must be disposed of into a public sewerage system in a manner approved by the Department of Environmental Quality. (3) All sewerage systems must be designed, constructed, approved and maintained in compliance with the minimum standards set forth in the 2008 Oregon Plumbing Specialty Code and, where applicable, the additional statutes, rules and standards set forth by the Oregon Department of Environmental Quality. (4) No untreated or partially-treated sewage, liquid waste, or septic tank effluent may be discharged directly or indirectly onto the surface of the ground or into the public waters. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.310 - 446.350 & 446.990 History: PH 15-2009, f. & cert. ef. 12-23-09 HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0090 Bedding and Linen (1) Conventional mattress covers or pads shall be used for protection of mattresses and shall be kept clean. (2) All sheets, pillowcases, towels, and washcloths shall be freshly laundered before they are furnished to new guests or occupants of rental units. (3) All clean linen shall be stored in a clean, dry place. (4) All soiled laundry shall be handled and stored so as not to contaminate clean laundry. (5) Containers for transporting or storing clean laundry shall be of impervious materials and shall be smooth and easily cleanable. (6) All bedding for guest use shall be kept clean and in good repair. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0095 Fire Safety (1) Portable fire extinguishers shall be provided in travelers’ accommodations and hostels. Such fire extinguishers shall: (a) Have a minimum rating of 2A:10B:C; (b) Be located so as to require no more than 75 feet of travel distance to an extinguisher. (2) Equivalent protection as outlined by NFPA No. 10 shall be accepted. (3) Every gas water heater, and every other gas fired appliance except gas plates and gas ranges, installed or serviced for use in any rental units, shall be effectively vented as required by the State Fire Marshal. (4) Liquefied petroleum gas storage tanks shall conform in construction, design, installation, and operation with the rules of the State Fire Marshal. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0100 Chemical and Physical Hazards (1) Cleaning equipment and supplies, all insecticides, chemicals, paints, and other toxic substances shall be kept isolated from guests and stored so as to prevent contamination of clothing, toweling, and bedding materials. All applications of chemicals including, but not limited to, cleaners and disinfectants shall be in accordance with the manufacturers’ recommendations. (2) All toxic substances shall be clearly identified and accurately labeled as toxic. (3) All stairways shall be provided with firmly attached handrails on both sides of the stairway. (4) Stairways shall be well lighted with at least five foot candles of available light measured three feet from the stair tread. (5) All boilers and pressure vessels shall be approved and maintained in accordance with the applicable state statutes and rules of the Department of Consumer and Business Services. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 HD 1-1978, f. & ef. 1-4-78
333-029-0105 Food Services (1) Eating and drinking facilities, commissaries, mobile units and vending machine operated in conjunction with traveler’s accommodations and hostels shall be operated in compliance with the Authority’s Food Sanitation Rules OAR 333-150-0000. (2) All multi-use drinking glasses and cups provided for guests shall be washed, rinsed and sanitized after being used according to OAR 333-150-0000 parts 4-6 and 4-7. (3) Single service utensils shall be protected from contamination according to OAR 333-150-0000 section 4-904.11. (4) Ice provided by traveler’s accommodations and hostels shall comply with OAR 333-150-0000 sections 3-202.16 and 3-303.12. Statutory/Other Authority: ORS 446.321 Statutes/Other Implemented: ORS 446.330 History: PH 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 11-2002, f. & cert. ef. 8-7-02 HD 27-1994, f. 10-27-94, cert. ef. 12-31-94 HD 5-1985, f. & cert. ef. 4-25-85 HD 12-1984, f. & cert. ef. 6-20-84 HD 19-1983(Temp), f. & cert. ef. 10-18-83 HD 1-1978, f. & cert. ef. 1-4-78
333-029-0110 Lodging Unit Kitchens (1) Lodging unit kitchens shall have: (a) A sink suitable for dishwashing with hot and cold water. Hot water shall be at not less than one hundred forty degrees (140o) F.; (b) A refrigerator capable of maintaining a temperature of forty-five degrees (45o) F. or less. (2) Utensil and equipment, if supplied, shall be easily cleanable, kept in good repair, and otherwise comply with OAR 333-150-0000 parts 4-1 and 4-2. (3) Utensils supplied in lodging units shall be washed, rinsed, and sanitized after each occupancy according to OAR 333-150-0000 parts 4-6 and 4-7, or have a notice stating “For your convenience, dishes and utensils have been washed. If you would like to further sanitize these items, please contact the manager.” The sanitizing agent shall be available in the office. Statutory/Other Authority: ORS 446.321 Statutes/Other Implemented: ORS 446.330 History: PH 15-2004, f. & cert. ef. 4-9-04 PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04 OHD 11-2002, f. & cert. ef. 8-7-02 HD 27-1994, f. 10-27-94, cert. ef. 12-31-94 HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 1-1978, f. & ef. 1-4-78 HD 19-1983(Temp), f. & ef. 10-18-83 HD 1-1978, f. & ef. 1-4-78
333-029-0115 Fees Every applicant for a Travelers’ Accommodation or Hostel license shall pay a fee of $100 unless another fee has been specified by the local public health authority. Statutory/Other Authority: ORS 446.321 Statutes/Other Implemented: ORS 446.310 - 446.350 & 446.990 History: PH 29-2019, amend filed 12/19/2019, effective 01/01/2020 PH 15-2009, f. & cert. ef. 12-23-09 HD 27-1994, f. 10-27-94, cert. ef. 12-31-94 HD 5-1985, f. & ef. 4-25-85 HD 12-1984, f. & ef. 6-20-84 Reverted to HD 4-1980, f. & ef. 3-21-80 HD 19-1983(Temp), f. & ef. 10-18-83 HD 4-1980, f. & ef. 3-21-80
333-029-0120 Variance (1) The Division may grant a variance from the requirements of OAR 333-029-0005 through 333-029-0110 (except when in conflict with other Administrative Rules of the Division or other State Agencies) as follows: (a) Where it is demonstrated to the satisfaction of the Division that strict compliance with the rule would be highly burdensome or impractical due to special conditions or cause; (b) Where the public or private interest in the granting of the variance is found by the Division to clearly outweigh the interest of the application of uniform rules; and (c) Where such alternative measures are provided which in the opinion of the Division will provide adequate health and safety protection. (2) Such variance authority is not conferred upon any county notwithstanding delegated or contractual authority in the administration and enforcement of travelers’ accommodation statutes and rules. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85 HD 6-1982, f. & ef. 3-2-82 HD 13-1981(Temp), f. & ef. 7-31-81
333-029-0130 Civil Penalties In accordance with ORS 446.348, the Assistant Director for Health will use the following schedule to impose civil penalties for violations of rules for travelers’ accommodations and hostels: (1) Violations of any requirement stated within any part of OAR 333-029-0075, 333-029-0076, 333-029-0080, 333-029-0095, and 333-029-0100 are Class I violations subject to a civil penalty in the amount of not less than $75 nor more than $1000 for each and every violation. (2) Violations of any requirement stated within any part of OAR 333-029-0025, 333-029-0030, 333-029-0050, 333-029-0060, 333-029-0065, 333-029-0105, and 333-029-0110 are Class II violations subject to a civil penalty in the amount of not less than $50 nor more than $750 for each and every violation. (3) Violations of any requirement stated within any part of OAR 333-029-0020, 333-029-0035, 333-029-0040, 333-029-0045, 333-029-0070, and 333-029-0090 are Class III violations subject to a civil penalty in the amount of not less than $25 nor more than $350 for each and every violation. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.330 History: HD 5-1985, f. & ef. 4-25-85
333-030-0005 Purpose These rules prescribe the requirements for the construction, operation and use of organizational camps. They are for the purpose of protecting the health and welfare of persons using these camps. Various types of activities are found in organizational camps and the rules are designed to assure the protection of individuals consistent with those activities. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.310 - 446.350 History: PH 9-2007, f. & cert. ef. 7-13-07 HD 25-1981, f. & ef. 11-25-81
333-030-0010 Adoption by Reference Outside standards, listings and publications referred to in these rules are by reference made a part of these rules as if fully set forth. Statutory/Other Authority: ORS 446.330 Statutes/Other Implemented: ORS 446.310 - 446.350 History: PH 9-2007, f. & cert. ef. 7-13-07 HD 25-1981, f. & ef. 11-25-81