reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0095 - Recirculation Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public spa
			 pools shall have recirculation systems and filtration systems with piping,
			 pumps, filters, disinfection and other equipment which maintain spa pool water
			 quality in accordance with OAR
			 333-062-0165(1).
(2) The system of pumps, filters,
			 disinfection facilities and other equipment shall be of adequate size to
			 recirculate, filter and disinfect the entire volume of spa water within 30
			 minutes.
(3) The recirculation
			 system shall be a two pump system. One pump will provide the required turnover
			 rate, filtration and disinfection for the spa water. The second pump shall
			 provide the water for the hydrotherapy turbulence of the water.
(4) Public spa pool recirculation systems
			 shall be separate from companion swimming pools.
(5) Recirculation and filtration systems
			 shall be in operation continuously while the facility is in use.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0100 - Inlets

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pool inlets
			 must be provided, sized, and arranged to produce a uniform circulation of water
			 so as to maintain a uniform disinfectant residual throughout the
			 pool.
(2) There must be at least
			 one inlet per 400 square feet of pool area or 10,000 gallons of water,
			 whichever is greater, with a minimum of two inlets.
(3) Grates must be designed so as to prevent
			 entrapment of fingers.
(4) All
			 recirculation inlet fittings must be adjustable for rate of flow. Wall inlet
			 fittings must be directional.
(5)
			 Inlet fittings must have tamper-proof screws that cannot be removed except with
			 tools. Grates, vortex plates and inlet fittings must be in place whenever the
			 spa is in use.
(6) Direct potable
			 water pool inlets must:
(a) Be over-the-rim
			 spouts with an air-gap located beside grab rails;
(b) Be through-the-wall fill lines located
			 above the water level and equipped with an appropriate backflow prevention
			 device installed per OAR
			 333-061-0071;
			 or
(c) Be directly connected to the
			 recirculation water supply and equipped with reduced pressure device installed
			 per OAR
			 333-061-0071  on the potable water supply adjacent to the connection with the spa pool
			 recirculation water.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0103 - Submerged Suction Fittings and Drains

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The requirement in section (3) of this
			 rule applies to:
(a) A spa pool constructed
			 after December 25, 2009;
(b) A spa
			 pool constructed before December 25, 2009, that on or after July 1, 2015, has
			 its submerged suction fittings renovated or remodeled.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0105 - Piping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Spa pool
			 recirculation piping shall be sized to carry the following maximum design
			 flows:
(a) Discharge piping (except copper)
			 -- 10 ft./sec. (3.05 m/sec.);
(b)
			 Discharge piping (copper) -- 8 ft./sec. (2.44 m/sec.);
(c) Suction velocity -- 6 ft./sec.
			 (1.83m/sec.).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0110 - Pumps

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A pump and
			 motor shall be provided for recirculation of pool water:
(a) All pumps shall be provided with a
			 strainer on the suction side of the pump. The strainer shall be at least equal
			 in size to the pump suction line;
(b) Strainers installed below water level
			 shall be provided with a valve on each side to facilitate cleaning.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0115 - Filters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Filters shall
			 be capable of maintaining pool water clarity as described in OAR
			 333-062-0165(1)(i)
 
			 under conditions of maximum user load.
(2) Public spa pool filter rates shall not
			 exceed the following:
(a) High rate sand
			 filter -- 18 gpm per square foot (.093 m2) of filter media or that rate
			 approved by the manufacturer for that particular filter, whichever is
			 less;
(b) Diatomaceous earth
			 filters -- 1.5 gpm (5.7 1pm) per square foot (.09 m2) of filter
			 media;
(c) Cartridge filters --
			 0.375 gpm per square foot of effective filter area. Effective filter area shall
			 be that as determined by a testing laboratory recognized by the Division to
			 make such tests.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0120 - Heaters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fired water
			 heaters installed after September 1, 1994, used exclusively for heating water
			 for spa pools are considered pool boilers and are exempt from the requirements
			 of ORS 480.510 to 480.665 (Boiler and Pressure Vessel Law) if:
(a) Units are equipped with a flow switch or
			 pressure switch set at a minimum of 1-1/2 psig;
(b) No intervening stop valves are installed
			 on the discharge side of the unit;
(c) Discharge piping is not reduced from the
			 engineering sizing of the fired heater;
(d) All units are equipped with an
			 ASME-approved pressure and temperature relieving device set at 50 psig;
(e) The unit has a maximum of 10
			 gallons capacity contained within the unit; and
(f) The burner is wired in series with the
			 recirculation pump.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0125 - Disinfectant and Chemical Feeders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 means of disinfecting the public spa pool water shall be provided which
			 provides a disinfecting residual in the pool waters at all times as described
			 in OAR
			 333-062-0165(1)(a).
(2) Automatic disinfection equipment for
			 introducing a disinfectant shall be provided.
(3) Disinfection equipment shall be equipped
			 with suitable controls capable of fine feed rate adjustment.
(4) Hypochlorinators, erosion (flow-through)
			 feeders, or other adjustable output rate chemical feeding equipment shall
			 conform to
National Sanitation Foundation Number 50 for Circulation
			 System Components for Swimming Pools
.
(5) Where chlorine gas is used as the
			 disinfectant:
(a) Such chlorine gas, its
			 feeders, and other containers shall be housed in a room or compart-ment
			 separate from other pool equipment. Such room or compartment shall:
(A) Be at or above ground level;
(B) Have adequate ventilation to the outside
			 air;
(C) Have a door which opens to
			 the outside of the building of which the room or compartment is a part. Doors
			 installed after the effective date of these rules shall have a shatter-proof
			 gas tight inspection window for viewing the enclosed area. Such a door must
			 open away from public access area;
(D) Be located so that chlorine gas, if
			 accidentally released will not flow into the pool room or into the building
			 ventilation systems;
(E) Have
			 lighting and ventilation switches located outside the enclosure, adjacent to
			 the door;
(F) Shall have a
			 fail-safe mechanism which ceases chlorination in case of malfunction;
(G) Gas chlorinators shall be equipped with
			 an anti-siphon chlorine injection device.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0130 - Air Induction Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Air induction systems, when provided, shall totally prevent water back-up that
			 would cause electrical shock hazards.
(2) Air intake sources shall be positioned
			 and/or designed to minimize contaminants (such as deck water, dirt, etc.) from
			 being introduced into the spa pool.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0135 - Valves, Meters, and Gauges

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Flow meters shall be installed in all recirculation systems. Such meters shall:
(a) Measure flow in gallons per
			 minute;
(b) Be mounted as
			 recommended by the manufacturer; and
(c) Be located so as to be easily
			 read.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0140 - Equipment Room

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Spa pool
			 equipment rooms shall be large enough to permit ready access to all equipment
			 for both operation and maintenance with a minimum floor area of 50 square feet
			 with a floor drain.
(2) Spa pool
			 equipment rooms shall be adequately ventilated.
(3) Spa pool equipment rooms shall protect
			 the equipment from the elements and be locked permitting access only to
			 authorized personnel.
(4) Equipment
			 rooms shall be lighted to properly operate and maintain equipment.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0145 - Ground Fault Interrupter

Current through Register Vol. 63, No. 7, July 1, 2024
A certified ground fault interrupter shall be provided in all
				branch circuits involved in lighting or receptacle outlets according to Article
				680 of the Oregon Electrical Specialty Code, 2014 Edition.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0150 - Bathhouses and Sanitary Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where a spa pool is operated in
			 conjunction with a companion facility, a bathhouse common to both facilities
			 shall be acceptable, provided the minimum facility ratios and locations
			 described in sections (2) through (5) of this rule are followed.
(2) Bathhouses must be maintained in good
			 repair and kept clean. Bathhouses for all spa pools built after September 1,
			 2014 must:
(a)
(A) Meet the requirements of:
(i) The Oregon Structural Specialty Code,
			 2014 Edition;
(ii) The Oregon
			 Mechanical Specialty Code, 2014 Edition;
(iii) The Oregon Electrical Specialty Code,
			 2014 Edition;
(iv) The Oregon
			 Plumbing Specialty Code, 2014 Edition.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0155 - Food Service

Current through Register Vol. 63, No. 7, July 1, 2024
No food or drink shall be permitted within a four foot area
				surrounding the spa pool. Glass containers are not permitted within the pool
				enclosure. Food and drink shall be permitted in the visitor and spectator areas
				or in separated snack areas for pool users. Trash containers shall be provided
				in the food service areas.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0160 - Domestic Water Quality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 water used in public spa pools and bathhouses shall comply with the rules of
			 the Division for Domestic Water Supplies, OAR
			 333-061-0005  through
			 333-061-0099.
(2) There shall be no
			 cross-connection between the public spa water recirculation system or backwash
			 system and the domestic water supply.
(3) Public spa pool water recirculation and
			 backwash systems shall comply with the Cross Connection Control Requirements of
			 OAR
			 333-061-0070.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0165 - Spa Water Quality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Water in
			 public spa pools shall be maintained with water quality parameters within
			 limits set out in
Table 1
.
(2) Testing Equipment:
(a) All public swimming pools shall have
			 functional test kit(s) or equipment for measuring the pH, free and combined
			 chlorine concentration, or bromine, (or concentration of other approved
			 disinfectant), total alkalinity, turbidity (water clarity) and cyanuric acid if
			 stabilized chlorine is used;
(b)
			 Functional test kits or testing systems shall be provided to test for total
			 copper and silver concentrations when they are used as supplemental
			 disinfectants;
(c) Test kits for
			 measuring free chlorine or bromine shall use DPD as the reagent.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0170 - Operation and Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Operators of public spa pools shall be thoroughly knowledgeable on good
			 practices of the spa operation and with the laws and rules pertaining to public
			 spa pools. If, at any time, the spa meets one of the spa pool closure criteria
			 in OAR
			 333-062-0255  the spa pool license holder, operator, or responsible supervisor shall
			 immediately close the spa to the public until the requirements are satisfied.
(2)
(a) Operators of public spa pools shall keep
			 records pertaining to the operation and maintenance of the pool which they
			 operate;
(b) Such records shall be
			 maintained daily during periods when the pool is open, shall be retained by the
			 operator and made available to the Division on request. All such records shall
			 be retained for a period of two years;
(c) Records shall include at least the
			 following:
(A) Results of the tests described
			 in OAR
			 333-062-0165(3);
(B) Date and time of filter
			 backwash;
(C) Dates that the pool
			 was emptied or cleaned;
(D)
			 Periods of recirculation equipment operation or malfunction and repair.
(d) A recommended
			 record keeping form is provided in Appendix A.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0175 - Safety

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The operator of any public spa pool shall
			 report in writing to the Division any drowning, other death or injury requiring
			 medical treatment occurring on the spa pool's premises;
(b) Such reports shall be made on forms
			 provided by the Division and shall be submitted within seven days of the
			 occurrence.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0180 - Signs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All public spa
			 pools shall post a sign at the entrance to the spa pool enclosure reading as
			 follows:
STOP
All persons are required to take a cleansing shower
				before entering the spa pool.
CAUTION
Elderly persons and those suffering from heart disease,
				diabetes or high blood pressure should consult their physician before using the
				spa pool.
No person suffering from a communicable disease,
				transmissible via water, shall use the spa pool. Persons using prescription
				medications should consult their physician before using the spa
				pool.
Individuals under the influence of alcohol should not
				use the spa pool.
No person shall use the spa pool alone.
Pregnant women should not use the spa pool without
				consulting their physician.
Persons should spend no more than 15 minutes in the spa
				at any one session.
All children under 14 years of age shall be accompanied
				by a responsible adult observer.
No person shall run or engage in horseplay in or around
				the spa pool.
(2)
			 Signs shall be a minimum of 24" x 18" with letters at least 3/8" in
			 height.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS 448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0185 - Variance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 may grant a variance from requirements of these rules as follows:
(a) Where it is demonstrated to the
			 satisfaction of the Division that strict compliance with the rule would be
			 highly burdensome or impractical due to special conditions or cause;
(b) Where the public or private interest in
			 the granting of the variance is found by the Division to clearly outweigh the
			 interest of the application of uniform rules; and
(c) Where such alternative measures are
			 provided which in the opinion of the Division will provide adequate public
			 health and safety protection.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0250 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ACCESS. The
			 pool license holder, operator, or responsible supervisor must permit an
			 authorized employee or agent of the Division to enter any public spa pool area,
			 whenever the spa pool is open, or at any other reasonable time for the purpose
			 of inspecting the spa pool. The inspection may include, but is not limited to,
			 the bathhouse or toilet/shower facilities, chemical storage, pool enclosure and
			 security provisions, recirculation equipment, piping, ventilation, supervision
			 areas, operations, pool records and files, to determine compliance with these
			 rules.
(2) NOTICE OF VIOLATIONS.
			 If upon inspection of a public spa pool, the Division or its agent finds that
			 the spa pool is not designed, constructed, equipped, maintained or operated as
			 required by these rules, the Division or its agent must notify the license
			 holder, operator, or responsible supervisor in writing of the violations. The
			 inspection report must specify the changes required to make the spa pool and
			 its operation conform to the standards established in these rules and the time
			 period within which to comply. If the violations pose an immediate danger to
			 the public's health, the Division or its agent may take action authorized under
			 OAR
			 333-062-0255  prior to notifying the license holder, operator, or responsible supervisor in
			 writing of the violations.
(3)
			 SUSPENSION OR REVOCATION. If the license holder does not correct the violations
			 listed in the notice issued under section (2) of this rule within the specified
			 time period, the Division or its agent may issue a notice proposing to suspend
			 or revoke the license to operate the spa pool in accordance with ORS Chapter
			 183. A license holder shall have 21 days to request a hearing.
Stat. Auth.: ORS 448.011
Stats. Implemented: ORS
				  448.011
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 62 - PUBLIC SPA POOL RULES › Section 333-062-0255 - Spa Pool Closure Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 one or more of the conditions outlined in subsection (3)(a) through (j) of this
			 rule is present at the public spa pool facility, the spa pool license holder,
			 operator or responsible supervisor must immediately close the pool until the
			 situation is resolved.
(2) If a spa
			 pool license holder, operator or responsible supervisor has not acted in
			 accordance with section (1) of this rule, the Division or its agent may issue
			 an emergency suspension order and close a spa in accordance with ORS
			 183.430(2). The
			 emergency suspension may be used if one or more of the conditions in subsection
			 (3)(a) through (j) of this rule exist that present a serious and immediate
			 danger to the public's health or safety.
(3) Conditions requiring immediate closure of
			 the public spa pool, until they are resolved include:
(a) CHEMICAL PARAMETERS. Failure to comply
			 with the disinfectant residual levels, high levels for cyanuric acid or out of
			 range pH established in OAR 333-062-0170(1), and items (a) thru (i) of Table 1;
(b) WATER QUALITY. Failure to
			 comply with the water quality standards for clarity and bacteria established in
			 OAR 333-062-0165(1)  and items (j) and (k) of Table 1;
(c) TEMPERATURE. Water temperature over 104
			 degrees Fahrenheit.
(d) TREATMENT
			 EQUIPMENT. A non-operational circulation pump, filter, or disinfectant feeder.
			 With the approval of the local public health authority, when the chemical
			 feeder(s) is inoperative for no more than a few hours while repairs are made,
			 the spa pool may remain open, if the water chemistry can be maintained
			 manually.
(e) ELECTRICAL SAFETY.
(A) The presence of bare electrical wires or
			 other obvious electrical deficiency;
(B) The presence of lightning or severe
			 storms within a minimum 10-mile (16 km) proximity of the pool at outdoor spa
			 pools.
(f) SUPERVISION.
			 The absence of a responsible supervisor or required lifeguard;
(g) ENCLOSURES. Enclosures such as fences,
			 doors, gates or windows that are not in compliance with OAR 333-062-0080;
(h) SUBMERGED SUCTION FITTINGS. A
			 broken, missing or improperly attached submerged suction fitting, as required
			 by OAR 333-062-0103(1)(d);
(i)
			 FECAL ACCIDENT. A fecal accident occurs or feces is found in the pool.
			 Information related to proper fecal incident response can be found at
https://www.oregon.gov/oha/PH/HealthyEnvironments/Recreation/PoolsLodging/Pages/index.aspx
;
			 or
(j) OTHER CONDITIONS. The
			 presence of a hazardous substance or object in the spa pool, or the existence
			 of any condition creating an immediate danger to health or safety.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules are
			 for the following purposes:
(a) Implementing
			 Oregon Revised Statutes (ORS) 438.605 to 438.620, 448.280 and the Oregon
			 Drinking Water Quality Act of 1981. ORS
			 438.610 states that the Oregon
			 Health Authority shall, by adopting standards in concurrence with the
			 accrediting body, implement an environmental laboratory accreditation program
			 hereafter referred to as the Oregon Environmental Laboratory Accreditation
			 Program (ORELAP).
(b) Establish
			 requirements for the accreditation of laboratories analyzing samples under the
			 guidance of the Clean Air Act (CAA), Clean Water Act (CWA), Safe Drinking Water
			 Act (SDWA), the Resource, Conservation and Recovery Act (RCRA), cannabis
			 testing under ORS 475C.540 to
			 475C.586, and psilocybin testing
			 under ORS 475A.590 to
			 475A.622.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0010 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 apply to:
(a) Laboratories seeking
			 accreditation to perform environmental or agricultural laboratory
			 testing;
(b) Laboratories seeking
			 accreditation to perform sampling and laboratory testing of marijuana items and
			 industrial hemp-derived vapor items as required by ORS
			 475C.560;
(c) Laboratories seeking accreditation to
			 perform sampling and laboratory testing of psilocybin products as required by
			 ORS 475A.606; and
(d) Accredited laboratories performing:
(A) Environmental or agricultural
			 testing;
(B) Sampling and testing
			 of marijuana items and industrial hemp-derived vapor items; or
(C) Sampling and testing of psilocybin
			 products.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0015 - Adoption by Reference

Current through Register Vol. 63, No. 7, July 1, 2024
All standards, listings and publications referred to in these
				rules are, by those references, made a part of these rules as though fully set
				forth. Copies are available through Oregon Health Authority, Oregon State
				Public Health Laboratory.
Statutory/Other Authority: ORS
				  448.150,
				  448.131,
				  448.280,
				  438.605,
				  438.610,
				  438.615,
				  438.620,
				  475C.544 & 475C.560
Statutes/Other Implemented: ORS
				  448.280,
				  438.605,
				  438.610,
				  438.615,
				  438.620,
				  475C.544 & 475C.560
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0020 - Severability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are severable. If any rule or part thereof or the
				application of such rule to any person or circumstance is declared invalid,
				that invalidity shall not affect the validity of any remaining portion of these
				rules.
Statutory/Other Authority: ORS
				  448.150  & 448.131,
				  448.280,
				  438.605,
				  438.610,
				  438.615,
				  438.620,
				  475C.544 & 475C.560
Statutes/Other Implemented: ORS 448.280, 438.605, 438.610,
				  438.615, 438.620, 475C.544 &
				  475C.560
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0025 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context indicates
				otherwise:
(1) "Accrediting body"
			 means the official accrediting authority for the Oregon Environmental
			 Laboratory Accreditation Program comprised of the Administrator of the Oregon
			 State Public Health Laboratory or designee, the Laboratory Administrator of the
			 Department of Environmental Quality or designee and the Laboratory
			 Administrator of the Department of Agriculture or designee.
(2) "Adult use cannabinoid" has the meaning
			 given that term in OAR 333-007-0310.
(3) "Air" as a matrix means air samples,
			 which are analyzed for possible contaminants under the guidance of the Clean
			 Air Act.
(4) "Artificially derived
			 cannabinoid" has the meaning given that term in OAR 333-007-0310.
(5) "Authority" means the Oregon Health
			 Authority.
(6) "Batch" means:
(a) For sample analysis, this term has the
			 meaning assigned in the TNI Standard which is a group of samples that are
			 prepared or analyzed together in the laboratory with the same process and
			 personnel, using the same lot(s) of reagents.
(A) A preparation batch is composed of 1 to
			 20 environmental samples of the same quality systems matrix, meeting the
			 above-mentioned criteria and with a maximum time between the start of
			 processing the first and last sample in the batch to be 24 hours.
(B) An analytical batch is composed of
			 prepared environmental samples (extracts, digestates, or concentrates) which
			 are analyzed together as a group. An analytical batch can include prepared
			 samples originating from various quality system matrices and can exceed 20
			 samples.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0030 - Schedule for Requesting Accreditation, Period of Accreditation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Laboratories in
			 Oregon will be considered to be accredited by ORELAP after the laboratory has
			 requested accreditation, been evaluated by ORELAP and has met all criteria in
			 accordance with OAR 333-064-0035.
(2) The accreditation period for each
			 laboratory is for one year with subsequent accreditation periods beginning from
			 the first day the laboratory is granted accreditation.
(3) Laboratories must reapply for ORELAP
			 approval annually, with the application to be received by ORELAP 120 calendar
			 days prior to the expiration of the current accreditation period and with all
			 appropriate fees paid no less than 60 days prior to the expiration of their
			 current certificate of accreditation.
(4) ORELAP-accredited laboratories may apply
			 for accreditation of additional parameters (analytes, methods, matrices) at any
			 time during their accreditation period with accreditation for such parameters
			 expiring with the current accreditation period.
Statutory/Other Authority: ORS
				  448.150,
				  448.131,
				  448.280,
				  438.610,
				  438.615,
				  475C.544 & 475C.560
Statutes/Other Implemented: ORS
				  438.605,
				  438.610,
				  438.615,
				  475C.544 & 475C.560
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0035 - Approval Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule and the TNI Standards describe the procedure for obtaining and maintaining
			 accreditation.
(2) ORELAP
			 accreditation can be granted, denied, suspended, or revoked in total or in part
			 as described in the TNI Standards.
(a) Reasons
			 to deny an initial application shall include, but are not limited to:
(A) Failure to submit a completed
			 application;
(B) Failure to pay
			 fees;
(C) Failure of laboratory
			 staff to meet the personnel qualifications of education, training, and
			 experience as required by the TNI Standards;
(D) Failure to successfully analyze and
			 report PT samples as required by the TNI Standards and these rules;
(E) Failure to respond to an assessment
			 report from an on-site assessment with a corrective action report within 30
			 calendar days, or failure to respond to deficiencies identified in the first
			 corrective action report review within 30 calendar days, as required by the TNI
			 Standards;
(F) Failure to implement
			 the corrective actions detailed in the corrective action report within the
			 agreed upon time frame;
(G) Failure
			 to implement a quality system as defined in the TNI Standards;
(H) Failure to pass required on-site
			 assessments;
(I) Misrepresentation
			 of any fact pertinent to receiving or maintaining accreditation; or
(J) Denial of entry during the laboratory's
			 normal business hours for an on-site assessment.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0040 - Action Response for Laboratory Drinking Water Analysis Results

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an
			 accredited laboratory is authorized by the water supplier to report results of
			 analyses required by OAR 333-061-0036  and performed by the laboratory directly
			 to the Oregon Health Authority (Authority), then it must do so within 10 days
			 after the end of the month, or within 10 days after the end of the monitoring
			 period.
(2) If a result exceeds the
			 maximum contaminant level (MCL) specified in OAR 333-061-0030:
(a) The accredited lab that issues the final
			 test report must:
(A) Validate the results of
			 any sample analysis and report that analysis directly to the Authority and to
			 the water supplier within 48 hours or two business days of completing the
			 analytical run if the sample analysis:
(i)
			 Exceeds the MCL for nitrate as specified in OAR 333-061-0030(1); or
(ii) Is positive for coliform
			 bacteria.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0045 - Procedure for Contesting Actions of ORELAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The procedure for contesting the actions
			 of ORELAP regarding denial, suspension and revocation of accreditation, or
			 other changes in accreditation status is in accordance with the Administrative
			 Procedures Act, ORS chapter 183.
(2) Laboratories shall be provided formal
			 written notice of intended action and their right to request a contested case
			 hearing.
(3) Actions based on PT
			 failures are not eligible for a contested case hearing.
Statutory/Other Authority: ORS
				  448.150,
				  448.280,
				  438.605,
				  438.610,
				  438.615,
				  438.620,
				  475C.544, 475C.560 & 448.131
Statutes/Other Implemented: ORS
				  448.280,
				  438.605,
				  438.610,
				  438.615,
				  438.620,
				  475C.544 & 475C.560
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0050 - Accreditation of Out-of-State and Mobile Category 2 Laboratories

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORELAP shall
			 accredit out-of-state laboratories that are eligible for reciprocal
			 accreditation provided:
(a) The laboratory is
			 accredited by a state recognized as a NELAP accrediting body for those fields
			 of testing (analytes, methods, matrices) in which the laboratory is requesting
			 accreditation pursuant to this rule.
(b) The laboratory submits to ORELAP an
			 acceptable application as described in OAR 333-064-0035(4).
(c) The laboratory pays all appropriate fees
			 as described in OAR 333-064-0060.
(d) The laboratory is not requesting
			 accreditation for cannabis or psilocybin testing.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0055 - Display of Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
Accredited laboratories shall post or display their most recent
				ORELAP accreditation certificate and their ORELAP-accredited fields of testing
				in a prominent place in the laboratory facility.
Statutory/Other Authority: ORS
				  448.150,
				  448.280,
				  438.605,
				  438.610,
				  438.615,
				  438.620,
				  475C.544,
				  475C.560,
				  448.131,
				  475A.590 & 475A.606
Statutes/Other Implemented: ORS
				  448.280,
				  438.605,
				  438.610,
				  438.615,
				  438.620,
				  475C.544,
				  475C.560,
				  475A.590 &
				  475A.606
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0060 - Fee Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
Fees will be charged to Oregon and out-of-state laboratories
				according to the following schedule. A mobile category 2 laboratory that
				operates as an entity of an Oregon fixed base facility will be considered an
				in-state laboratory, and one that does not operate as an entity of an Oregon
				fixed base facility will be considered an out-of-state laboratory. Mobile
				category 1 laboratories are covered under the parent fixed laboratory's
				accreditation and are not required to pay an additional fee. Mobile category 2
				laboratories require separate accreditation and are accredited to their vehicle
				identification numbers (VIN).
(1) A
			 non-refundable application fee must be paid for each application requesting
			 accreditation for methods.
(a) For
			 laboratories located in Oregon, one of five levels of fees, Tier 1 at $1,200,
			 Tier 2 at $2,200, Tier 3 at $3,400, Tier 4 at $4,600, and Tier 5 at $5,800 will
			 be charged. The Tiers will be determined by the total number of points derived
			 from the number of fields of accreditation requested for accreditation listed
			 in subsections (2)(a) through (c) of this rule.
(A) Each Basic Field of Accreditation has a
			 multiplier of 1.
(B) Each Moderate
			 Field of Accreditation has a multiplier of 3.
(C) Each Complex Field of Accreditation has a
			 multiplier of 5.
(D) Each Advanced
			 Technology Field of Accreditation has a multiplier of 7.
(E) Cannabis and Psilocybin Sampling only for
			 application has a multiplier of 11.
(F) The total number of points is determined
			 by first summing the number of fields of accreditation within each category
			 (Basic, Moderate, Complex or Advanced Technology) and then multiplying the sums
			 by their appropriate multiplier as given in this rule. The sum of these results
			 determines the total number of points for each laboratory. Laboratories with a
			 total of 1 to 10 points are to be considered Tier 1 laboratories, 11 to 25
			 points are Tier 2 laboratories, 26 to 40 points are Tier 3 laboratories, 41 to
			 55 points are Tier 4 laboratories, and 56 or more points are Tier 5
			 laboratories.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0065 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition
			 to any other penalty provided by law, the Oregon Health Authority, in
			 collaboration with the accrediting body, may impose a civil penalty not to
			 exceed $500 per day per violation upon any and all laboratories that:
(a) Falsely purport to be ORELAP
			 accredited;
(b) Improperly use
			 their ORELAP accreditation status in order to mislead; or
(c) Use the TNI\NELAP logo in catalogs,
			 advertisements, business solicitations, proposals, quotations, laboratory
			 reports and other materials without proper authorization.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0100 - Cannabis Sampling Procedures and Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule the definitions
			 in OAR 333-007-0310  apply unless the context indicates otherwise.
(2) Sampling.
(a) A laboratory must have and follow
			 marijuana item and industrial hemp-derived vapor items sampling policies and
			 procedures, accredited by ORELAP, that:
(A)
			 Ensure sampling will result in a sample that is representative of the batch
			 being sampled.
(B) Require sampling
			 and laboratory personnel to document and collect any information necessary for
			 compliance with these rules, OAR chapter 333, division 7, and any applicable
			 TNI standards.
(C) Require chain of
			 custody procedures consistent with TNI EL Standard V1M2 5.7 and 5.8.
(D) Are appropriate to the matrix being
			 sampled.
(E) Are consistent with
			 OAR 333-007-0360  and 333-007-0370  and the following ORELAP sampling protocols
			 approved by the accrediting body, incorporated by reference:
(i) Usable Marijuana: until July 1, 2022
			 ORELAP-SOP-001 Rev 4.0 and on or after July 1, 2022 ORELAP-SOP-001 Rev 4.1;
			 and
(ii) Concentrates, Extracts,
			 Products and Industrial Hemp-derived Vapor Items: ORELAP-SOP-002 Rev
			 4.3.
(F) Ensure that
			 only the finished cannabinoid concentrate, extract, product or industrial
			 hemp-derived vapor item is sampled if testing on the finished cannabinoid
			 concentrate, extract, product or industrial hemp-derived vapor item is required
			 under OAR 333-007-0330  and OAR 333-007-0340.
(G) Contain training and education
			 requirements for sampling personnel.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0110 - Reporting Cannabis Test Results

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule the definitions
			 in OAR 333-007-0310  apply unless the context indicates otherwise.
(2) A test report must clearly identify for
			 the licensee or registrant:
(a) Whether a
			 sample has exceeded an action limit for an analyte in OAR 333-007-0400,
			 333-007-0410, 333-007-0415, and 333-007-0425  Exhibit A, Tables 3, 4, 8, or 9,
			 or has otherwise failed a test as described in OAR 333-007-0300  to
			 333-007-0500.
(b) A "detected"
			 pesticide result as required in section (6) of this rule.
(c) The batch unique identification number
			 required under OAR 333-007-0350  and the test batch number associated with the
			 samples tested, as required by OAR 333-064-0100.
(d) Identification of the test as a
			 compliance test or a quality control or research and development test. If the
			 test is not for compliance, the report shall indicate clearly on the first page
			 the testing was for quality control or research and development.
(e) If applicable, a statement that the test
			 was done on a sample from a remediated marijuana item or industrial
			 hemp-derived vapor item.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0120 - Proficiency Testing for Laboratories Accredited for Cannabis Testing

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of a proficiency testing (PT) study is to provide a
				means for ORELAP to evaluate a laboratory's performance, under specified
				conditions related to a given set of criteria in a specific area of
				accreditation, through analysis of PT samples provided by an external
				source.
(1) A laboratory accredited to
			 test marijuana items and industrial hemp-derived vapor items must at all times
			 have two successful PT studies out of the most recent three attempts for each
			 field of accreditation for which the laboratory holds accreditation.
(a) The closing dates of a PT study for a
			 particular field of accreditation can be no more than seven months
			 apart.
(b) The opening date of a PT
			 study for a particular field of accreditation must be at least seven calendar
			 days after the closing date of the previous PT study for the same field of
			 accreditation.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0130 - Cannabis Laboratory Violations and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any violation of these
			 rules, it is a violation for a laboratory accredited for cannabis sampling or
			 analysis to:
(a) Falsify any documentation
			 that is required by these rules or the laboratory's accredited policies and
			 procedures.
(b) Fail to collect the
			 information required for ordering a test under OAR 333-007-0315  or
			 333-007-0440.
(c) Fail to comply
			 with any applicable TNI standard.
(d) Report false or misleading information to
			 the Authority or the Commission.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0140 - Psilocybin Products Sampling Procedures and Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule the definitions
			 in OAR 333-333-1010  apply unless the context indicates otherwise.
(2) Sampling.
(a) A laboratory must have and follow
			 psilocybin products sampling policies and procedures, accredited by ORELAP,
			 that:
(A) Ensure sampling will result in a
			 sample that is representative of the batch being sampled.
(B) Require sampling and laboratory personnel
			 to document and collect any information necessary for compliance with these
			 rules, OAR chapter 333, division 333, and any applicable TNI
			 Standards.
(C) Require chain of
			 custody procedures consistent with the TNI Standards.
(D) Are appropriate to the matrix being
			 sampled.
(E) Are consistent with
			 OAR 333-333-7100  and the ORELAP sampling protocol, ORELAP-SOP-004 Rev 1.0,
			 approved by the accrediting body and incorporated by reference.
(F) Ensure that only the finished psilocybin
			 product is sampled if testing the finished product is required under OAR
			 333-333-7100.
(G) Contain training
			 and education requirements for sampling personnel.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0150 - Reporting Psilocybin Products Test Results

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule the definitions
			 in OAR 333-333-1010  apply unless the context indicates otherwise.
(2) A test report must clearly identify for
			 the manufacturer:
(a) Whether a sample has
			 exceeded an action limit for an analyte in OAR 333-333-7050, or has otherwise
			 failed a test as described in OAR 333-333-7030  and 333-333-7040.
(b) The batch unique identification number
			 required under OAR 333-333-7090  and the test batch number associated with the
			 samples tested, as required by OAR 333-333-7110.
(c) Identification of the test as a
			 compliance test or a quality control or research and development test. If the
			 test is not for compliance, the report shall indicate clearly on the first page
			 the testing was for quality control or research and development.
(d) If applicable, a statement that the test
			 was done on a sample from a remediated psilocybin product.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 64 - ACCREDITATION OF LABORATORIES › Section 333-064-0160 - Psilocybin Laboratory Violations and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any violation of these
			 rules, it is a violation for a laboratory accredited for psilocybin product
			 sampling or analysis to:
(a) Falsify any
			 documentation that is required by these rules or the laboratory's accredited
			 policies and procedures.
(b) Fail
			 to collect the information required for ordering a test under OAR 333-333-7020  or 333-333-7110.
(c) Fail to comply
			 with any applicable TNI standard.
(d) Report false or misleading information to
			 the Authority or to a client.