reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.060 - Engaging in certain plumbing work not affected.

(1) ORS 447.010 to 447.156 do not apply to a person:
(a) Engaging in plumbing work when not so engaged for hire.
(b) Using the services of regular employees in performing plumbing work for the benefit of property owned, leased or operated by the person. For purposes of this paragraph, "regular employee" means a person who is subject to the provisions of ORS 316.162 to 316.221 and who has completed a withholding statement or an exemption certificate required by ORS 316.162 to 316.221.
(c) Using the services of an employee or contractor of a utility company, energy service provider or water supplier to install an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The devices installed under this paragraph are exempt from the certification, permit and inspection requirements of ORS 447.010 to 447.156 and ORS chapter 693.
(d) Engaging in plumbing work on a recreational vehicle as defined by the State Plumbing Board by rule.
(2) A landscape contracting business licensed under ORS 671.560 is not required to be licensed under ORS 447.010 to 447.156 to install, repair or maintain backflow assemblies for irrigation systems and ornamental water features if the work is performed by an individual who is licensed as required by ORS 671.615 and is an owner or employee of the landscape contracting business. The repair and maintenance of the backflow assembly must be performed by a tester certified under ORS 448.279. The licensing exemption established under this subsection does not exempt the landscape contracting business from the inspection and permit requirements of ORS 447.010 to 447.156.
(3) This section applies to any person, including but not limited to, individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state, the federal government and state or federal agencies. [Amended by 1955 c.548 §7; 1973 c.835 §226; 1981 c.438 §34; 1987 c.561 §3; 1987 c.604 §15; 1993 c.293 §2; 2001 c.181 §1; 2003 c.14 §267; 2005 c.609 §8; 2005 c.758 §12a; 2007 c.541 §3; 2017 c.364 §9; 2019 c.134 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.065 - Solar heating and cooling systems.

(1) Notwithstanding ORS 447.020, a person may not engage in the trade of installing solar heating and cooling systems unless the person possesses either a license as a journeyman plumber issued under ORS chapter 693 or a solar heating and cooling system installer license issued by the State Plumbing Board under ORS 693.111.
(2) A license issued under ORS 693.111 does not authorize a person to connect a solar heating and cooling system to a potable water source. The connection of a solar heating and cooling system to a potable water source must be made only by a journeyman plumber licensed under ORS chapter 693. [2001 c.683 §22; 2005 c.758 §13]
Note:
447.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 447 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note:
Penalties for violations of 447.065 are set forth in 693.994.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.070 - Plumbing contractor license prerequisite to maintenance of legal action.

A person carrying on, conducting or transacting a plumbing business may not maintain any suit or action in any of the courts of this state to recover for the performance of plumbing work without alleging and proving that the person was duly licensed as a plumbing contractor at the time of the work. [Amended by 1955 c.548 §8; 1973 c.835 §227; 2005 c.758 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.072 - Plumbing permit and inspection exemptions; rules.

Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create an exemption from permit and inspection requirements for ordinary minor repairs in low-rise residential dwellings and commercial structures when the board finds that the plumbing does not involve any changes or alterations of the existing plumbing system. The exemption from the permit:
(1) May not include new construction or replacement of water heaters or underground plumbing; and
(2) Shall be available only to licensed plumbing contractors or persons described under ORS 693.020. [1993 c.520 §3; 1995 c.228 §1; 2003 c.14 §268; 2003 c.675 §8; 2005 c.758 §15]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.076 - Inspection of minor plumbing installations; rules.

Notwithstanding ORS 455.610, the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules to create a mandatory inspection program for minor plumbing installations made by licensed plumbing contractors in low-rise residential dwellings. The rules adopted by the department shall:
(1) Define the term "minor plumbing installations" in a manner that does not include new construction;
(2) Designate which minor plumbing installations are under the inspection program; and
(3) Provide for random inspection of minor plumbing installations. [1993 c.520 §4; 1995 c.553 §2b; 2003 c.675 §9; 2005 c.758 §16]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.080 - City and county plumbing regulations.

No city or county shall enact or enforce any ordinances or building codes providing different requirements than those imposed by the state building code for the regulation of the business of master plumbing or the installation of drainage work unless authorized by the Director of the Department of Consumer and Business Services under ORS 455.040. [Amended by 1955 c.548 §9; 1963 c.47 §1; 1973 c.834 §31; 1973 c.835 §228; 1985 c.590 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.091 - Contracts with sanitary districts and authorities and service districts for inspection of building sewers.

The Department of Consumer and Business Services or local government administering the plumbing specialty code adopted under ORS 447.020 (2) may, upon request of any sanitary district formed pursuant to ORS 450.005 to 450.245, sanitary authority established under ORS 450.600 to 450.989, or county service district established under ORS 451.410 to 451.610, contract for the inspection of building sewers constructed to connect a district sewage system if inspectors employed by such district are certified for sewer inspections under ORS 455.715 to 455.740. [1977 c.828 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.095 - Fee schedule; inspection agreements with governmental units.

(1) Rules adopted under ORS 447.020 shall provide a plumbing inspection fee schedule. The schedule shall establish inspection fees for inspections made by the Department of Consumer and Business Services under ORS 447.010 to 447.156, 447.992 and 455.610 to 455.630 based on the cost of making inspections as measured by the time required of the inspector.
(2) Plumbing inspections may be made for other governmental units, upon request, pursuant to agreements entered into under ORS 190.003 to 190.620. [1973 c.734 §8; 1981 c.438 §35; 1993 c.397 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.097 - Disposition of moneys received under ORS 447.010 to 447.156 and 447.992.

All moneys received by the Department of Consumer and Business Services under ORS 447.010 to 447.156 and 447.992 shall be disposed of in accordance with ORS 693.165. [1981 c.438 §42]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.100 - Restriction on tank-type water closets in certain buildings.

(1) No new hotel, motel, apartment house, dwelling, office building or other structure shall be constructed which employs a tank-type water closet that is not approved by the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, as meeting adequate standards of safety and sanitation.
(2) The director, with the approval of the board, shall cause to have adopted and published, pursuant to ORS chapter 183, a list of approved types of tank-type water closets meeting the requirements of this section. [1977 c.171 §2; 1981 c.438 §36; 1985 c.590 §2; 1993 c.744 §70]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.115 - "Compost toilet" defined.

As used in ORS 447.118 and 447.124, "compost toilet" means a permanent, sealed, water-impervious toilet receptacle screened from insects, used to receive and store only human wastes, urine and feces, toilet paper and biodegradable garbage, and ventilated to utilize aerobic composting for waste treatment. [1977 c.523 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.118 - Standards for compost toilets; rules; security required of certain installers.

(1) Nothing in ORS 447.010 to 447.156 and 447.992 shall prohibit the installation of a compost toilet for a dwelling by the occupant of the dwelling if the compost toilet complies with the minimum requirements established under this section.
(2) Rules adopted under ORS 447.020 shall provide minimum requirements for the design, construction, installation and maintenance of compost toilets.
(3) The Director of the Department of Consumer and Business Services with the approval of the State Plumbing Board may require by rule that, in addition to any other requirements provided by law, any manufacturer or distributor of a compost toilet and any person other than the owner of the dwelling in which the compost toilet is to be installed who proposes to install a compost toilet file with the Department of Consumer and Business Services a satisfactory bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security in an amount to be fixed by the department with approval of the board but not to exceed $5,000, conditioned that such bond, letter of credit or security shall be forfeited in whole or in part to the department for the purpose of carrying out the provisions of ORS 447.124 by failure of such manufacturer, distributor or person to comply with the rules adopted under this section. [1977 c.523 §3; 1981 c.438 §38; 1991 c.331 §62; 1993 c.744 §71; 1997 c.631 §472]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.124 - Inspection of compost toilets; orders to remedy violations; action against security bond; review of orders; costs as lien against dwelling.

For the purpose of enforcing ORS 447.118 and the rules adopted thereunder, the Department of Consumer and Business Services, with the assistance of the Oregon Health Authority:
(1) May conduct periodic inspections of any compost toilet;
(2) Upon making a finding that a compost toilet is in violation of the rules adopted pursuant to ORS 447.118 (2), may issue an order requiring the owner of the dwelling served by the compost toilet to take action necessary to correct the violation; and
(3) Upon making a finding that a compost toilet presents or threatens to present a public health hazard creating an emergency requiring immediate action to protect the public health, safety or welfare, may issue an order requiring the owner of the dwelling served by the compost toilet to take any action necessary to remove such hazard or threat thereof. If such owner fails to take the actions required by such order, the department shall take such action, itself or by contract with outside parties, as necessary to remove the hazard or threat thereof. The department shall keep a record of all necessary expenses incurred by the department in carrying out such action, including a reasonable charge for costs incurred and equipment and materials utilized by the state. Any owner who fails to take action required by an order issued under this subsection shall be responsible for such necessary expenses incurred by the state. Based on the record compiled by the department, an owner responsible for expenses due to the failure of a manufacturer, distributor or person to comply with the rules adopted under ORS 447.118 (2) shall have a setoff against the bond or other security forfeited under ORS 447.118 (3) to the extent that such expenses are due to such failure of the manufacturer, distributor or person. The department shall make a finding and enter an order against the owner for the necessary expenses. Orders issued under this section may be appealed pursuant to ORS chapter 183 but not as a contested case. Any amount due the department under this subsection and not paid in full within 30 days after the order is entered, or, if the order is appealed, within 30 days after there is no further right to appeal, shall become a lien upon the dwelling of the owner. The department shall file a notice of the lien with the recording officer of the county in which the dwelling is located and the recording officer shall record the notice in a manner designed to appear in the mortgage records of the county.
(4) The department may contract with any state or local agency for the purpose of carrying out the provisions of this section. [1977 c.523 §4; 1983 c.740 §167; 2009 c.595 §826]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.140 - Waste water and sewage from plumbing fixtures; requirements; prohibitions.

(1) All waste water and sewage from plumbing fixtures shall be discharged into a sewer system or alternate sewage disposal system approved by the Environmental Quality Commission or Department of Environmental Quality under ORS chapters 468, 468A and 468B.
(2) No plumbing fixture, device or equipment shall be installed, maintained or offered for sale which will provide a cross-connection between the distributing system of water for drinking and domestic purposes and any other water supply, or a drainage system, soil or waste pipe so as to permit or make possible the backflow of contaminated water, sewage or waste into the water supply system.
(3) No flush valve, vacuum breaker or syphon preventer shall be offered for sale or installed that has not been approved by the Department of Consumer and Business Services with the approval of the State Plumbing Board.
(4) The use or installation of water-operated sump pumps or sewage ejectors, if connected to the potable water supply, is prohibited.
(5) No pan, plunger, offset washout, washout, long hopper, frost proof or other water closets having invisible seals or unventilated spaces, or walls not thoroughly washed at each flushing, shall be installed or sold for use in any building.
(6) No plumbing fixture, appurtenance or device, the installation of which would be in violation of the state plumbing specialty code and the rules of the department approved by the board shall be sold, offered for sale or installed. [Amended by 1955 c.548 §10; 1961 c.545 §1; 1973 c.835 §231; 1981 c.438 §39; 1993 c.744 §72]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.145 - Standards for fixtures; exemptions; rules.

(1) All new fixtures approved for installation during construction, reconstruction, alteration and repair of buildings and other structures under ORS 447.020 shall comply with rules adopted by the Director of the Department of Consumer and Business Services. The rules shall be consistent with performance requirements and test procedures established by the American National Standards Institute, or other equivalent recognized North American standards and procedures. Except for used fixtures allowed under subsection (4) of this section, the average amount of water used by new or replacement fixtures under the applicable test procedures shall not exceed:
(a) 1.6 gallons or 6.06 liters per flush for toilets;
(b) 1.0 gallons or 3.785 liters per flush for urinals;
(c) 2.5 gallons or 9.46 liters per minute for shower heads; and
(d) 2.5 gallons or 9.46 liters per minute for interior faucets.
(2) Notwithstanding subsection (1) of this section, the director by rule shall provide for exemptions to the requirements under subsection (1) of this section if:
(a) The reconstruction, alteration or repair of a building does not include the installation of new or replacement toilets or urinals, shower heads or faucets within the building;
(b) Due to the capacity, design or installation of the plumbing or sewage system within an existing building, toilets or urinals required by subsection (1) of this section would, if installed in the building, be unable to meet the performance requirements of the American National Standards Institute or other equivalent recognized North American standards as adopted by rule;
(c) The fixtures and fittings necessary to perform a specialized function, including but not limited to emergency showers and aspirator faucets, cannot meet the requirements;
(d) The installation of fixtures that do not comply with subsection (1) of this section is necessary to maintain the historic character of a structure listed under ORS 358.480 to 358.545; or
(e) The fixtures and fittings to be installed are specifically designed to withstand unusual abuse or installation in a penal institution or are located in an area with special needs, such as a laboratory, hospital, nursing home or other health care facility.
(3) No person shall sell or offer for sale any new toilet, urinal, shower head or faucet that has not been approved under ORS 447.020.
(4) On or after December 31, 1995, no person shall sell or offer for sale any used toilet, urinal, shower head or interior faucet that does not meet the conservation standards established in subsection (1) of this section.
(5) The director shall adopt rules and regulations for marking, labeling or otherwise identifying fixtures that meet the standards of this section. [1991 c.945 §§2,3,4,5; 1993 c.207 §1; 2001 c.104 §185; 2001 c.540 §23]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.152 - Plumbing products rules; standards; certification.

In compliance with ORS chapter 183, the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules, including but not limited to:
(1) Governing minimum safety standards for design and construction of plumbing products to be sold or disposed of in this state.
(2) Establishing procedures for certification of plumbing products.
(3) Establishing criteria for approval of plumbing product testing laboratories and listing agencies, including but not limited to:
(a) Independence from manufacturers, vendors and when applicable, testing laboratories;
(b) Ethical testing and business standards;
(c) Test quality control;
(d) Continuity of monitoring continuing product safety;
(e) Certification and listing procedures; and
(f) Record keeping.
(4) Providing for certified or listed product identification.
(5) Establishing criteria for approval of a plumbing product by a special deputy similar to those rules established for testing laboratories.
(6) Governing the internal organization and procedure for administering and enforcing ORS 447.152, 447.154 and 447.156 (1) and (2). [1993 c.396 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.154 - Plumbing product exemption; rules; installation.

(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 the people of this state.
(2) If the board grants an exemption pursuant to subsection (1) of this section the board may determine that the product may be installed by a person not licensed under ORS 693.010 to 693.105. [1993 c.396 §4; 2005 c.758 §17]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.156 - Sale of uncertified plumbing products prohibited; rules; remedy of purchaser.

(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 do not apply to products determined by rule not to be plumbing products.
(3) In addition to any other remedy provided by law, any person who purchases a plumbing product sold or disposed of in violation of ORS 447.152 may recover from a person violating subsections (1) and (2) of this section an amount equal to the purchase price of the plumbing product if the purchaser returns the plumbing product within 90 days from the date of purchase. [1993 c.396 §§2,5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.220 - Purpose.

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 provided in the Americans with Disabilities Act, and to make covered multifamily dwellings in the state accessible to and usable by all persons with disabilities, as provided in the Fair Housing Act. In requiring that buildings and facilities be usable by persons with disabilities, it is not the intention of the Legislative Assembly to require that items of personal convenience such as rest rooms, telephones and drinking fountains be provided for members of the public who have disabilities if they are not otherwise provided for members of the public who do not have disabilities. However, pursuant to the Americans with Disabilities Act, the Director of the Department of Consumer and Business Services may provide greater protection to individuals with disabilities by adopting more stringent standards than prescribed by the Americans with Disabilities Act. [1971 c.320 §1; 1973 c.539 §2; 1979 c.133 §2; 1989 c.224 §110; 1993 c.503 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.230 - Standards and specifications to eliminate architectural barriers.

(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 related facilities by persons who have disabilities.
(2) The director shall, to assist in the identification of architectural barriers and in the development of the standards and specifications referred to in subsection (1) of this section, be assisted by the Oregon Disabilities Commission or its designee. [1971 c.320 §3; 1973 c.539 §3; 1979 c.133 §3; 1983 c.740 §169; 1987 c.414 §27b; 1987 c.672 §1; 1989 c.224 §111; 1989 c.703 §1; 1993 c.503 §3; 1993 c.744 §75a]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.231 - Rules to eliminate architectural barriers.

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 Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addition, the director shall adopt rules to conform the state building code to the provisions of ORS 447.210 to 447.280, to the extent to which any statute is stricter than the Americans with Disabilities Act or the Fair Housing Act. [1991 c.691 §2; 1993 c.503 §4; 2003 c.14 §269]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.247 - Elevators required; criteria; rules.

(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 of public accommodation covered by Title III of the Americans with Disabilities Act that have more than one floor level and more than 3,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building; and
(c) In all private membership clubs and churches that have more than one floor level and more than 4,000 square feet in ground area or that are more than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.
(2) The Department of Consumer and Business Services may by rule create exceptions to the requirements of this section if this section would require an elevator in a building that would not be required to have an elevator under the provisions of the Americans with Disabilities Act or the Fair Housing Act. [1993 c.503 §6; 1995 c.307 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.255 - Access to lottery-funded facilities by persons with disabilities.

(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) Promotional and marketing programs described by this section shall promote and identify lottery-funded facilities as accessible to and usable by persons with disabilities whenever appropriate. [1989 c.909 §49; formerly 461.730; 1993 c.503 §9; 2005 c.835 §29]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.260 - Rules.

(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 standards and specifications with respect to work on affected buildings and their related facilities where the director determines, with respect to emergency or temporary construction, that compliance with such standards or specifications would not be necessary to fulfill the objectives of ORS 447.210 to 447.280 or would be impractical.
(2) The Director of the Department of Consumer and Business Services shall by rule establish criteria for determining the lowest flooring of a building for the purposes of the definition of "affected buildings" provided by ORS 447.210 and for the purposes of ORS 447.247. [1971 c.320 §6; 1973 c.539 §8; 1979 c.133 §5; 1993 c.503 §10; 1993 c.744 §76; 1995 c.307 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.270 - Cooperation with public officials and agencies required.

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 carrying out the responsibilities of the director under ORS 447.210 to 447.280. [1971 c.320 §7; 1973 c.539 §9]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.275 - Nonliability for emergency exit deficiencies.

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, municipal fire marshals or municipal deputies inspecting buildings; or a municipal appeals board shall be relieved of any personal or financial liability from persons suffering injury or death or those persons’ heirs as the result of exiting deficiencies during emergencies resulting from access for persons with disabilities required by ORS 447.210 to 447.280 or standards adopted under them. [1979 c.133 §8; 1989 c.224 §116; 1991 c.67 §123]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.280 - Enforcement powers.

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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.310 - Standards for curbing.

(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 having jurisdiction thereover, shall require not less than two curb cuts or ramps per lineal block to be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least 48 inches wide, where possible, and a minimum of 36 inches wide where a 48-inch width will not fit, at a slope not to exceed one-inch rise per 12-inch run. If a slope of 1:12 will not fit, a slope between 1:10 and 1:12 is allowed for a maximum rise of six inches and a slope between 1:8 and 1:10 is allowed for a maximum rise of three inches. In no case shall the slope exceed 1:8.
(2) Standards set for curb cuts and ramps under subsection (1) of this section shall apply whenever a curb or sidewalk is constructed or replaced at any point in a block which gives reasonable access to a crosswalk. [1973 c.176 §1; 1975 c.468 §1; 1989 c.224 §117; 1993 c.503 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.800

[1975 c.677 §1; 1977 c.58 §1; 1981 s.s. c.10 §1; 1983 c.42 §1; renumbered 284.800 in 1987]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.990

[Subsection (2) enacted as 1957 c.278 §21; 1973 c.734 §4; 1973 c.835 §232; 1979 c.57 §2; repealed by 1981 c.438 §46]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 447 - Plumbing; Architectural Barriers › Section 447.992 - Civil penalties.

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 c.411 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.005 - Definitions 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 toilet facilities 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 includes municipalities, recreation districts, counties and state agencies or instrumentalities.
(5) "Public spa pool" means a public swimming pool or wading pool designed primarily to direct water or air-enriched water under pressure onto the bather’s body 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 used with the knowledge and consent of the owner or operator for swimming or recreational bathing, and is for the use of any segment of the public. "Public swimming pool" includes, but is not limited to, swimming pools owned or operated 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, that contains water less than two feet deep, is expressly designated or used with the knowledge and consent of the owner or operator for wading or recreational bathing, and is for the use of any segment of the public, whether limited to patrons 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 swimming pool, public spa pool or public wading pool to be operated when it does not comply with all the applicable rules for public swimming pools, public spa pools 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.011 - Powers of Oregon Health Authority; rules.

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 pools and bathhouses as the authority deems necessary. [1961 c.566 §3 (enacted in lieu of 448.010); 1971 c.650 §24; 1973 c.215 §2; 1999 c.929 §8; 2009 c.595 §828; 2019 c.456 §117]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.020 - Plan approval required to construct or alter pool facilities.

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.929 §1; 2009 c.595 §829; 2019 c.456 §118]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.030 - Plan approval application; contents; issuance or denial; plan review fee.

(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, amount and quality of water available and intended to be used, method and manner of water purification, treatment, disinfection, heating, regulating and cleaning, lifesaving apparatus, and measures to ensure safety of bathers, measures to ensure personal cleanliness of bathers, methods and manner of washing, disinfecting, drying and storing bathing apparel and towels, and all other information and statistics that may be required by the authority. The authority shall either approve or deny the application based upon the plans submitted.
(3) After construction, the authority shall cause an inspection to be made of the proposed public swimming pool, public spa pool, public wading pool or bathhouse. If the authority determines that the public swimming pool, public spa pool, public wading pool or bathhouse as constructed complies with the rules of the authority, it shall issue a final approval authorizing the issuance of a license under ORS 448.035.
(4) If a public swimming pool, public spa pool, public wading pool or bathhouse is to be owned, operated or maintained by a person for profit, or in conjunction with a travelers’ accommodation or recreation park, the applicant shall pay the authority a plan review fee of $600. Payment of the plan review fee entitles the applicant to two inspections toward final approval. The authority may not impose any new standards after a second or any subsequent inspection. For any subsequent construction inspection necessary, the applicant shall pay $100 for each inspection. [Amended by 1961 c.566 §5; 1973 c.215 §4; 1979 c.453 §3; 1979 c.696 §5a; 1981 c.749 §24; 1983 c.781 §2; 1999 c.929 §2; 2009 c.595 §830; 2019 c.456 §119]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.035 - Annual license required to operate; fees; expiration date.

(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, public wading pool or bathhouse. The annual license fee for each additional public swimming pool, public spa pool, public wading pool or bathhouse, or any combination of those facilities, on the same site is 60 percent of the fee for the first license.
(3) Licenses issued under this section expire annually on a date set by rule. [1961 c.566 §7; 1973 c.215 §5; 1977 c.284 §6; 1979 c.453 §4; 1979 c.696 §6a; 1983 c.781 §3; 1999 c.929 §3; 2009 c.595 §831; 2019 c.510 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.037 - Variance; application; fee.

(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 authority may waive the fee for variance applications precipitated by change in the authority’s rules.
(3) The authority may not delegate the responsibility under subsection (1) of this section under the provision of ORS 448.100. [1983 c.781 §5; 2009 c.595 §832; 2019 c.510 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.040 - Entry on premises for inspection purposes; reports.

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 and whether ORS 448.005 to 448.090 or the rules of the Oregon Health Authority pertaining to public swimming pools, public spa pools, public wading pools or bathhouses are being violated. [Amended by 1961 c.566 §14; 1973 c.215 §6; 1979 c.453 §5; 1999 c.929 §5; 2009 c.595 §833]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.051 - Inspection of facilities; suspension or revocation of permit, plan approval or license; hearings on suspension or revocation.

(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 pertaining to public swimming pools, public spa pools, public wading pools and bathhouses are being violated.
(2) If the director determines that a public swimming pool, public spa pool, public wading pool or bathhouse is being constructed, operated or maintained in violation of the rules of the authority or is found to be insanitary, unclean or dangerous to public health or safety, the director may suspend, revoke or deny the permit or plan approval issued under ORS 448.030 or license issued under ORS 448.035 in accordance with ORS chapter 183. [1961 c.566 §10; (enacted in lieu of 448.050); 1973 c.215 §7; 1979 c.453 §6; 1999 c.929 §6; 2009 c.595 §834; 2019 c.456 §120]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.060 - Operating pool or other facility without permit, plan approval or license; public nuisance; abatement.

(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 pool or bathhouse constructed, operated or maintained contrary to ORS 448.005 to 448.090 is a public nuisance, dangerous to health. Such nuisance may be abated or enjoined in an action brought by the Director of the Oregon Health Authority or may be summarily abated in the manner provided by law for the summary abatement of public nuisances dangerous to health. [Amended by 1961 c.566 §15; 1973 c.215 §8; 1979 c.453 §7; 1999 c.929 §7; 2009 c.595 §835; 2019 c.456 §121]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.090 - Disposition of moneys.

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 448.090. [1961 c.566 §8; 1973 c.427 §10]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.100 - Delegation to county to administer ORS 448.005 to 448.060; standards; fees; suits involving validity of administrative rule.

(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 the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, licensing, inspections, enforcement and issuance and revocation of plan approvals and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each county’s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section.
(2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section or use the fee amounts established under ORS 448.030 and 448.035. A county to whom licensing, inspection and enforcement authority has been delegated under this section shall collect and remit to the authority a fee to support the activities of the authority under this section. The fee shall be established by the authority and the Conference of Local Health Officials based upon a budget and formula for funding activities described in this section. The authority and the Conference of Local Health Officials shall consult with associations representing Oregon cities, special districts and the lodging industry in establishing the fee. In the event the authority and the Conference of Local Health Officials cannot reach agreement on the budget and formula, the authority shall submit its budget proposal to the Legislative Assembly.
(3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule promulgated by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.215 §9; 1975 c.790 §2; 1983 c.370 §2; 1999 c.929 §4; 2009 c.595 §836; 2015 c.736 §93; 2019 c.456 §122]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 448 - Pool Facilities; Water and Sewage Systems › Section 448.115 - Definitions for ORS 448.115 to 448.285.

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 system.
(3) "Construction standards" means criteria for constructing or installing water system facilities.
(4) "Director" means the Director of the Oregon Health Authority.
(5) "Emergency" means a condition resulting from an unusual calamity such as a flood, an earthquake or an accidental spill of hazardous material that can endanger the quality of the water produced by a water system.
(6) "Operational requirements" means requirements that prescribe the manner in which water systems must be operated.
(7) "Permit" means a document issued to a water system that authorizes it to commence or continue to operate in the State of Oregon and lists the conditions the system must meet to continue operating.
(8) "Safe drinking water" means water that is sufficiently free from biological, chemical, radiological or physical impurities such that individuals will not be exposed to disease or harmful physiological effects.
(9) "Sanitary survey" means an on-site review of the source, facilities, equipment, operation and maintenance of a water system, including related land uses, for the purpose of evaluating the capability of that water system to produce and distribute safe drinking water.
(10) "Special master" means the person appointed by the court to administrate the water system.
(11) "Variance" means permission from the agency for a water system to provide water that does not meet water quality standards.
(12) "Water supplier" means any person, group of persons, municipality, district, corporation or entity that owns or operates a water system.
(13) "Water system" means a system for the provision of water for human consumption through pipes or other constructed conveyances.
(14) "Waterborne disease" means disease caused by chemical, physical, radiological or biological agents epidemiologically associated with infection, illness or disability that is transported to human beings by water that has been ingested or through contact as in bathing or other domestic uses. [1981 c.749 §2; 1983 c.271 §3; 1985 c.178 §4; 1997 c.249 §145; 1999 c.59 §126; 1999 c.653 §1; 2001 c.900 §196; 2009 c.595 §837]