reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.675 - State assumption of federal responsibility for radiation sources; effect of federal licenses.

(1) When in the opinion of the Governor, such agreements will promote public health and safety and assist in the peaceful uses of radiation sources, the Governor on behalf of this state shall enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to radiation sources and the assumption thereof by this state.
(2) When a person immediately before the effective date of an agreement under subsection (1) of this section has a license from the federal government to do anything which relates to by-product material, source material or special nuclear material and which on the effective date of the agreement is subject to the control of this state, the person shall be considered to have a like license under ORS 453.605 to 453.800 until the expiration date specified in the license from the federal government or until the end of the 90th day after the person receives notice from the Oregon Health Authority that the license will be considered expired, whichever is earlier. [1961 c.664 §7; 2009 c.595 §903]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.685 - Entry on property for inspection purposes; issuance of warrant; liability for entry.

(1) The Director of the Oregon Health Authority may enter at any reasonable time upon any private or public property, with the permission of the owner or custodian, to determine whether there is compliance with ORS 453.605 to 453.800 and rules lawfully issued pursuant thereto. When such permission is not obtained or given, if the director has grounds to believe that a violation of ORS 453.605 to 453.800 or rules lawfully issued pursuant thereto exists, the director may apply to the proper judicial officer for a warrant to enter upon the property for purposes of inspection, search or seizure consonant with the scope of ORS 453.605 to 453.800; except that in a case where the director has grounds to believe that a violation of ORS 453.605 to 453.800 or rules pursuant thereto exists which presents a clear and present danger to the health, safety or security of the state or its citizens, the director may make such entry of property as is reasonable to abate the danger involved and for that purpose.
(2) Upon application to the proper judicial officer for a warrant to enter property under this section, the judicial officer shall forthwith summarily determine whether or not grounds to issue such warrant exists, and if the judicial officer finds such exists, the judicial officer shall immediately issue a warrant authorizing entry by the director upon the described property for the purposes of ORS 453.605 to 453.800. The director shall not be liable for injury or damage resulting from the action taken or authorized in good faith and without malice under the apparent authority of this section, even though such action is later judicially determined to be unlawful. [1961 c.664 §8; 1973 c.90 §3; 2009 c.595 §904]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.695 - Records concerning radiation source; notice of exposure to radiation source.

(1) When the Oregon Health Authority by regulation so requires, any person who possesses or uses a radiation source shall cause to be made, in the manner prescribed by the authority, records relating to the receipt, storage, transfer and disposition of the source and to such other matters as the authority prescribes.
(2) Any person who possesses or uses a radiation source shall cause to be made, in the manner prescribed by the authority, records showing the radiation exposure of any individual who is affected by such possession or use and for whom the authority by regulation requires personnel monitoring.
(3)(a) Each person who possesses or uses a radiation source and who has reason to believe that any individual has received from that source radiation exposure in excess of the maximum permissible exposure established for an individual by regulations of the authority shall give that individual notice of the possible exposure with a copy of any record of the exposure.
(b) Any person who possesses or uses a radiation source and who, in connection with that possession or use, employs an individual for whom the authority by regulation requires personnel monitoring, in addition to any requirement of paragraph (a) of this subsection shall, if the individual so requests or if regulations of the authority so require, give the individual a copy of the individual’s personnel monitoring exposure record annually and at the end of the employment.
(4) Upon the request of the authority or its authorized representative, the custodian of any record required by this section shall give a copy of that record to the authority or its authorized representative. [1961 c.664 §10; 2009 c.595 §905]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.705 - Impounding radiation source upon violation.

When a radiation source is in the possession, custody or control of any person who is not equipped to observe or who fails to observe any applicable provision of or regulation pursuant to ORS 453.605 to 453.800, upon the issuance of an emergency order under ORS 453.807 the Oregon Health Authority or its authorized representative may cause that source to be impounded. [1961 c.664 §11; 1975 c.241 §1; 2009 c.595 §906]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.715 - Injunction against violation.

When the Oregon Health Authority in writing notifies the Attorney General that, in the judgment of the authority, a person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of or regulation pursuant to ORS 453.605 to 453.800, if the authority so requests, the Attorney General shall apply to the circuit court for the county of that person’s residence for an order enjoining such act or practice, or for an order directing compliance; and upon a showing by the authority that that person has engaged or is about to engage in any such act or practice, the court may grant a permanent or temporary injunction or restraining order or other order. [1961 c.664 §12; 2009 c.595 §907]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.726 - Definitions for ORS 453.726 to 453.734.

As used in ORS 453.726 to 453.734, unless the context requires otherwise:
(1) "Phototherapy device" means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease or illness.
(2) "Tanning device" means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin including, but not limited to, a sunlamp, tanning booth or tanning bed. "Tanning device" also means any accompanying equipment including, but not limited to, protective eye wear, timers and handrails.
(3) "Tanning facility" means any location, place, area, structure or business that provides persons access to any tanning device. [Formerly 431.925]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.727 - Purpose of ORS 453.726 to 453.734.

It is the purpose of ORS 453.726 to 453.734 to regulate tanning facilities to minimize the risks associated with suntanning with artificial ultraviolet light. These risks include, but may not be limited to:
(1) Sunburn;
(2) Premature aging of the skin;
(3) Skin cancer;
(4) Retinal damage;
(5) Formation of cataracts;
(6) Suppression of the immune system; and
(7) Damage to the vascular system. [Formerly 431.930]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.728 - Tanning device to comply with federal requirements; exception for certain phototherapy devices.

(1) Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations.
(2) ORS 453.726 to 453.734 do not apply to a phototherapy device used by or under the direct supervision of a physician licensed under ORS chapter 677. [Formerly 431.935]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.729 - Standards and regulation of tanning devices; rules; fee; inspection.

(1) The Oregon Health Authority shall adopt by rule standards and a system of registration for tanning devices. Any entity doing business in this state as a tanning facility must register with the authority, in a manner prescribed by the authority by rule, each tanning device at the tanning facility that is accessible by an individual who is afforded the use of a tanning device as a condition or benefit or as part of a membership in exchange for a fee or other compensation.
(2) The registration shall include payment of an annual registration fee, not to exceed $200 per tanning device, in an amount prescribed by the authority by rule that is sufficient to cover the costs of administering the regulatory program.
(3) The authority may conduct inspections of tanning facilities to ensure compliance with ORS 453.726 to 453.734. [Formerly 431.940; 2015 c.778 §1; 2021 c.513 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.730 - Written warning statement and sign; content; rules.

(1) A tanning facility shall give each customer a written statement warning that:
(a) Not wearing the protective eye wear provided to each customer by the tanning facility may cause damage to the eyes.
(b) Overexposure to the tanning process causes burns.
(c) Repeated exposure to the tanning process may cause skin cancer or premature aging of the skin, or both.
(d) Abnormal skin sensitivity or burning may result from the tanning process if the customer is also consuming or using certain:
(A) Foods.
(B) Cosmetics.
(C) Medications such as tranquilizers, antibiotics, diuretics, high blood pressure medication, antineoplastics or birth control pills.
(e) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.
(2) In addition to giving customers the written statement required by subsection (1) of this section, the tanning facility shall post a warning sign in any area where a tanning device is used. The Oregon Health Authority shall adopt by rule the language for the warning sign. [Formerly 431.945]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.731 - Civil penalty for violation of ORS 453.726 to 453.734.

The Oregon Health Authority may impose a civil penalty in an amount not to exceed $500 for a violation of ORS 453.726 to 453.734 or rules of the authority adopted pursuant to ORS 453.726 to 453.734. Civil penalties under this section shall be imposed in the manner provided by ORS 183.745. [Formerly 431.950]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.732 - Disposition of receipts.

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 for the purposes of carrying out the provisions of ORS 453.726 to 453.734. If moneys received under ORS 453.726 to 453.734 are in excess of moneys required to administer the program authorized by ORS 453.726 to 453.734, the moneys may be used by the authority to meet expenses of other programs administered by the authority if an appropriate expenditure increase is approved by the Emergency Board. [Formerly 431.955]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.734 - Prohibition on use of tanning devices by persons under 18 years of age; exceptions; rules.

(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 under 18 years of age to use a tanning device that is owned or operated by the entity if:
(A) The person or the parent or legal guardian of the person provides the entity with documentation that a physician licensed under ORS chapter 677 has recommended that the person use a tanning device for a medical purpose; and
(B) The entity only allows the person to use a tanning device according to the terms of the physician’s recommendation.
(2) An entity doing business in this state as a tanning facility shall post in conspicuous view notice of the prohibition described in subsection (1) of this section.
(3) The Oregon Health Authority shall adopt rules necessary to implement the provisions of this section. [2013 c.137 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.735 - ORS 453.605 to 453.800 and rules supersede contrary laws or regulations.

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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.745 - Intergovernmental cooperation to control radiation sources.

(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 inspection, that relate to control of radiation sources.
(2) The authority may institute programs to qualify personnel to carry out the provisions of ORS 453.605 to 453.800 and may make those personnel available for participation with the federal government, other states or interstate agencies in any program in furtherance of the purposes of ORS 453.605 to 453.800. [1961 c.664 §9; 2009 c.595 §908]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.752 - X-ray machine registration; inspection and testing requirements; evidence of registration.

(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 Authority or inspected by an accredited radiology inspector. The inspector shall also review procedures used during X-ray machine operation and the adequacy of the physical surroundings and equipment used in conjunction with operation of the X-ray machine.
(3) Prior to issuance of an X-ray machine registration to a facility other than a hospital, the X-ray machine shall be approved by an X-ray machine inspector employed by the authority.
(4) An accredited radiology inspector conducting a registration inspection on a hospital X-ray machine shall conduct information gathering tests in the manner required by the authority. The inspector shall make calculations in the manner prescribed by the authority and shall enter the results and such other information as the authority may require on a form provided by the authority.
(5) The authority shall evaluate the test results submitted by an accredited radiology inspector and shall grant a hospital X-ray machine registration provided that all standards adopted by rule of the authority are met, a properly completed registration application has been submitted by the X-ray machine owner and all required fees have been paid.
(6) When an X-ray machine is registered by the authority, the authority shall issue the X-ray machine owner a document, sticker, plate or other device selected by the authority to evidence registration of the X-ray machine. [1995 c.444 §2; 2005 c.22 §327; 2009 c.595 §909]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.754 - Application for X-ray machine registration; renewal notice.

(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 than 90 nor more than 120 days prior to the expiration of an X-ray machine registration, the authority shall mail notice to the X-ray machine owner of the pending expiration of the registration. The notice shall inform the owner of the requirements for renewing the registration. [1995 c.444 §4; 2009 c.595 §910]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.757 - X-ray machine biennial registration fee; annual license fees; use of fees; rules.

(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, chiropractic, osteopathic or medical X-ray tube, $427.
(d) For a computed tomography X-ray tube, $600.
(e) For a mammography X-ray tube, $800.
(f) For a therapy or interventional X-ray tube, $1,000.
(g) For a microwave oven repair facility, $140.
(2) The authority shall impose an annual license fee for a specific license granted under ORS 453.665 that may not exceed $5,000 as determined by the authority by rule and approved by the Oregon Department of Administrative Services.
(3) The fees described in subsections (1)(g) and (2) of this section are due and payable as prescribed by the authority by rule.
(4) The authority shall impose a $264 fee for:
(a) Initial accreditation as a radiology inspector; and
(b) Biennially renewing accreditation as a radiology inspector.
(5) All moneys received by the authority under subsections (1)(g) and (2) of this section shall be paid into the State Treasury, deposited in the General Fund to the credit of the Public Health Account, and used by the authority exclusively for the purposes of ORS 453.605 to 453.800. [Formerly 453.670; 2007 c.856 §2; 2009 c.595 §911; 2015 c.778 §2; 2021 c.513 §3]
Note:
453.757 was added to and made a part of 453.605 to 453.800 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.761 - X-ray machine registration period; denial, conditioning, suspension or revocation of registration; termination.

(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 valid for two years, expiring in the second year on the last day of the month of issuance.
(3) An X-ray machine registration for a podiatry, dental or veterinary office or clinic or an academic or industrial facility shall be valid for two years, expiring in the second year on the last day of the month of issuance.
(4) Notwithstanding subsection (1), (2) or (3) of this section, the Oregon Health Authority shall, at the request of the X-ray machine owner, adjust the registration expiration date of any X-ray machine to coincide with the registration expiration date of other X-ray machines registered to the machine owner. The authority shall prorate the registration fee accordingly.
(5) If an X-ray machine or the physical surroundings or equipment associated with the operation of the X-ray machine does not comply with one or more standards adopted by rule of the authority, the authority may deny the registration or may grant a provisional registration permitting temporary operation pending compliance with authority standards.
(6) The authority may require that X-ray machines having a valid registration be repaired, calibrated or modified or the physical surroundings or equipment used in conjunction with the operation of the registered X-ray machine be changed to comply with new standards adopted by rule of the authority provided that compliance prior to expiration of the registration is determined by the authority to be necessary to protect occupational and public health and safety.
(7) The authority may deny, condition, suspend or revoke an X-ray machine registration if the authority reasonably believes that the X-ray machine or the physical surroundings or equipment used in conjunction with the operation of the X-ray machine presents a danger to the health or safety of the operator or the public.
(8) An X-ray machine registration shall terminate if the X-ray machine is relocated for use in a physical surrounding other than the physical surrounding the X-ray machine occupied when inspected. [1995 c.444 §3; 2007 c.856 §3; 2009 c.595 §912]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.766 - Prohibited conduct.

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 machine not having a valid X-ray machine registration. [1995 c.444 §5]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.771 - Imposition of civil penalty for X-ray machine registration violations.

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 may impose a civil penalty. Any person subject to a civil penalty under this section may request a hearing before the authority. The hearing shall be conducted in accordance with ORS 183.413 to 183.470. [1995 c.444 §6; 2009 c.595 §913]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.775 - Duties of Oregon Health Authority pertaining to X-ray machines.

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 equipment related to the operation of X-ray machines, operator training and approved X-ray machine operating practices.
(3) Collect and disseminate information relating to proper X-ray machine operation.
(4) Provide technical assistance and safety information to X-ray machine users. [1995 c.444 §7; 2009 c.595 §914]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.780 - Radiology inspectors; license; minimum qualifications.

(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 of Health Physics;
(B) A doctoral degree in a physical or biological science; or
(C) A Doctor of Medicine degree or a degree recognized by the Oregon Health Authority as an equally qualified health professional degree.
(b) Two years of experience and a master’s degree in a physical or biological science.
(c) Four years of experience and a bachelor’s degree in a physical or biological science.
(d) Six years of experience and an associate’s degree in a physical or biological science.
(2) Experience required of an applicant includes, but is not limited to, measuring ionizing radiation, evaluating radiation safety and documenting radiation protection needs.
(3) In addition to meeting the education and experience requirements of this section, applicants shall be tested on knowledge of authority rules governing the X-ray machine inspection program, including but not limited to safety requirements and inspection procedures. Applicants shall also complete such additional written or practical testing as the authority may require.
(4) A license shall not be issued to an applicant unless the applicant has paid all required fees. [1995 c.444 §8; 2009 c.595 §915]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.785 - Accreditation; renewal.

(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 adopted by rule of the Oregon Health Authority and has paid the renewal fee. [1995 c.444 §9; 2009 c.595 §916]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.790 - Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation; rules.

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 comply with authority procedures.
(3) Failing to meet authority accuracy requirements.
(4) Such other grounds as the authority may establish by rule. [1995 c.444 §10; 2009 c.595 §917]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.795 - Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors; rules.

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 accredited radiology inspectors.
(3) Develop and implement audit programs using authority-employed X-ray machine inspectors to monitor accredited radiology inspector results and to monitor changes in the performance of registered X-ray machines during the registration period. No charge shall be made to an X-ray machine owner for an audit.
(4) Investigate and resolve complaints against accredited radiology inspectors and their employers. [1995 c.444 §11; 2009 c.595 §918]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.800 - X-ray Machine Inspection Account; sources; use of moneys in account.

(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 to ORS 453.757 (1) by owners of X-ray machines, all application or renewal fees paid by applicants for accreditation as radiology inspectors under ORS 453.757 (4) and all civil penalties collected under ORS 453.771 are credited to the X-ray Machine Inspection Account. [1995 c.444 §14; 2009 c.595 §919]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.805 - Elimination of radiation source danger; compelling compliance.

(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 an order requiring the person or persons responsible for the radiation source to immediately take such action as is necessary to eliminate the endangerment. The director shall, if requested, provide a prompt hearing after such order, in accordance with ORS chapter 183, after which the order shall be continued, modified or revoked.
(2) If any person fails to comply with an order issued pursuant to subsection (1) of this section, the circuit court for the county in which the radiation source is located shall compel compliance with the order in the same manner as with an order of that court. [Formerly 453.750; 2009 c.595 §920]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.807 - When hearing required; procedure; rules.

(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 in ORS chapter 183.
(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [Formerly 453.755; 2009 c.595 §921]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.825 - Department of Transportation plan for regulating transport of hazardous substances and radioactive waste.

(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 cooperate with the Department of the State Fire Marshal.
(3) As used in this section, "hazardous waste" has the meaning given that term in ORS 466.005. [1985 c.696 §1; 2005 c.825 §15; 2021 c.539 §118]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.835 - Report to legislative committee.

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 Board. [1985 c.696 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.855 - Purpose.

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 occupants of property because of toxic chemical contamination that may result from illegal drug manufacturing may be required to be decontaminated, vacated and secured against use, or demolished. [1989 c.915 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.858 - Definitions for ORS 453.855 to 453.912.

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 unauthorized manufacture of a controlled substance listed on Schedules I and II or any precursor chemical for such substances occurs; or
(b) Wherein are kept, stored or located any of the devices, equipment, things or substances used for the unauthorized manufacture of a controlled substance listed on Schedules I and II.
(2) "Property" means any:
(a) Real property, improvements on real property or portions of the improvements;
(b) Boat, trailer, motor vehicle or manufactured dwelling; or
(c) Contents of the items listed in paragraph (a) or (b) of this subsection. [1989 c.915 §2; 1999 c.861 §1; 2017 c.21 §63]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.861 - Applicability.

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. Nothing in ORS 105.555, 431.175 and 453.855 to 453.912 applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance are kept, stored or located in or on the property for the purpose of lawful sale or use of these items. [1989 c.915 §3; 1999 c.861 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.864 - Rules.

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 of the Oregon Health and Science University, or a designee thereof;
(3) The Director of the Department of Environmental Quality, or a designee thereof;
(4) The Director of the Department of Consumer and Business Services, or a designee thereof;
(5) The Director of Transportation, or a designee thereof; and
(6) Any other governmental agency determined appropriate by the Oregon Health Authority whose advice and information is necessary for the formulation of the rules authorized by this section. [1989 c.915 §6; 2009 c.595 §922]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.867 - Restriction on transfer of property used as illegal drug manufacturing site; contracts voidable.

(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 used as an illegal drug manufacturing site.
(2) All contracts, oral or written, for the transfer, sale, use or rent of property in violation of subsection (1) of this section are voidable between the parties, at the instance of the purchaser, transferee, user or renter. This subsection shall not make voidable any promissory note or other evidence of indebtedness or any mortgage, trust deed or other security interest securing such a promissory note or evidence of indebtedness, where such note or evidence and any such mortgage, trust deed or other security interest were given to a person other than the person transferring, selling, using or renting the property to induce such person to finance the transfer, sale, use or rental of the property. This section shall not impair obligations or duties required to be performed upon termination of a contract, as required by the provisions of the contract, including but not limited to payment of damages or return of refundable deposits. [1989 c.915 §4; 2009 c.595 §923]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.870 - Transfer allowed after full disclosure.

(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 accompany but not be a part of the sale document nor be recorded. However, such property shall continue to be subject to the provisions of ORS 453.876, regardless of transfer or sale under this section.
(2) Any transferee or purchaser who does not receive the notice described in subsection (1) of this section may set aside the transfer or sale as voidable and bring suit to recover damages for any losses incurred because of the failure to give such notice.
(3) The transferor or seller of any property described in subsection (1) of this section shall notify the authority of the transfer or sale as required by rule of the authority. [1989 c.915 §5; 2009 c.595 §924]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.873 - Entry onto property; purposes; inspection.

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 431.175 to the owner or agent of the owner, may:
(1) Enter, at reasonable times, 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.
(2) Inspect, at reasonable times, within reasonable limits and in a reasonable manner, property known to have been used as an illegal drug manufacturing site or for which there are reasonable grounds to believe the property has been used as an illegal drug manufacturing site. [1989 c.915 §7; 1999 c.861 §5; 2009 c.595 §925]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.876 - Determination that property is not fit for use; appeal; notice to local residents.

(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 the Oregon Health Authority and may make that determination on site. The determination is effective immediately and renders the property not fit for use.
(2) The owner may appeal the determination, to the agency that made the determination, within 30 working days after the determination, pursuant to rules of the agency, or to circuit court.
(3) The appeal to the agency is not a contested case under ORS chapter 183. The question on appeal is limited to whether the site is an illegal drug manufacturing site.
(4) If a determination that property is not fit for use is made under subsection (1) of this section, a local government or the state may provide notice that the real property has been determined to be an illegal drug manufacturing site and not fit for use to:
(a) A person in each residence located within 300 feet of the real property if the real property is located within an urban growth boundary; or
(b) A person in each residence located within one quarter mile of the real property if the real property is not located within an urban growth boundary.
(5) The notice described in subsection (4) of this section shall be in writing and shall include:
(a) The address of the real property that is determined to be not fit for use;
(b) A statement that the determination is subject to appeal and that the real property may be determined to be fit for use if the appeal is successful or if the real property is certified as decontaminated;
(c) The telephone number of the office of the Oregon Health Authority that is responsible for overseeing the decontamination of illegal drug manufacturing sites; and
(d) The website for the Oregon Health Authority office responsible for overseeing the decontamination of illegal drug manufacturing sites that contains information on the dangers associated with real property that has been used as an illegal drug manufacturing site. [1989 c.915 §9; 1999 c.861 §2; 2003 c.559 §1; 2009 c.595 §926]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.879 - Director of the Department of Consumer and Business Services to be notified of determination.

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 Oregon Health Authority or designee thereof shall notify the Director of the Department of Consumer and Business Services of the determination. The Director of the Department of Consumer and Business Services shall list the property as not fit for use until the Director of the Department of Consumer and Business Services is notified that the property has been certified by the Oregon Health Authority pursuant to ORS 453.885, or the initial determination is reversed on appeal, or the property is destroyed. Upon receipt of the certificate, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list described in this section. [1989 c.915 §10; 2003 c.14 §279; 2009 c.595 §927]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.882 - Contaminated property as public nuisance.

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 were fit for use; or
(2) Fails to have the property decontaminated and certified as fit for use under ORS 453.885 within 180 days after the determination under ORS 453.876. [1989 c.915 §12; 1999 c.168 §10; 2005 c.706 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.885 - Decontamination of property; certification process.

(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, upon approval by the authority, the owner, or an agent of the owner, may perform the decontamination work. The contractor, in coordination with the owner or agent of the owner, shall prepare and submit a written work plan for decontamination to the authority. If the work plan is approved and the decontamination work is completed according to the plan and is properly documented, the authority shall certify the property as having been decontaminated in compliance with rules of the authority. Upon the completion of the work plan, the authority shall require the licensed contractor’s affidavit of compliance with the approved work plan.
(2) The property owner shall notify the Director of the Department of Consumer and Business Services of the certification. No person who is not licensed by the authority under ORS 105.555, 431.175 and 453.855 to 453.912 shall advertise to undertake or perform the work necessary to decontaminate property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912.
(3) Upon receipt of the certificate and a request by the property owner to remove the property from the list, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list. [1989 c.915 §11; 1999 c.861 §3; 2009 c.595 §928]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.888 - License required to perform decontamination; procedure; grounds for denial, revocation or suspension of license; civil penalty; rules.

(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 assessing premises used as an illegal drug manufacturing site to determine hazard reduction measures needed, techniques for adequately reducing contaminants, use of personal protective equipment and relevant federal regulations and state rules.
(3) Upon the contractor’s supervisory personnel’s successful completion of the training and testing and the contractor having complied with the rules of the authority and having paid the required fee, the contractor shall be licensed. Licenses are renewable biennially, as determined by rule of the authority, upon supervisory personnel’s successful completion of any required refresher course.
(4) The authority may deny, suspend or revoke the license of any contractor pursuant to ORS chapter 183 for:
(a) Failing to:
(A) Perform decontamination work under the supervision of trained personnel;
(B) File a work plan;
(C) Perform work pursuant to the plan;
(D) Pay a civil penalty imposed under ORS 105.555, 431.175 and 453.855 to 453.912; or
(E) Perform work that meets the requirements of ORS 453.903.
(b) Committing fraud or misrepresentation in:
(A) Applying for a license;
(B) Seeking approval of a work plan; or
(C) Documenting completion of the work to the authority.
(5) The authority may impose a civil penalty not to exceed $500, in addition to or in lieu of license denial, suspension or revocation, pursuant to ORS chapter 183. [1989 c.915 §13; 1991 c.67 §126; 2009 c.595 §929]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 453 - Hazardous Substances; Radiation Sources › Section 453.891 - Oregon Health Authority to provide information to licensed contractors and those planning to become licensed.

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 but not limited to chemicals found at such sites and their toxicity, new or revised decontamination procedures, personal protective equipment and applicable federal regulations and state rules. [1989 c.915 §19; 2009 c.595 §930]