Chapter 929 Oregon Laws 1999
Session Law
AN ACT
HB 2174
Relating to public swimming
pools; amending ORS 448.011, 448.020, 448.030, 448.035, 448.040, 448.051,
448.060 and 448.100.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 448.020 is amended to read:
448.020. No person shall construct or perform a major alteration or reconstruction of a [any] public swimming pool, public spa
pool, public wading pool or
bathhouse without a permit to do so from the Health Division.
SECTION 2.
ORS 448.030 is amended to read:
448.030. (1) Any person desiring to construct any public
swimming pool, public spa pool, public
wading pool or bathhouse shall file application for a permit to do so with
the Health Division.
(2) The application shall be accompanied by a description of
the sources of water supply, amount and quality of water available and intended
to be used, method and manner of water purification, treatment, disinfection,
heating, regulating and cleaning, lifesaving apparatus, and measures to insure
safety of bathers, measures to insure personal cleanliness of bathers, methods
and manner of washing, disinfecting, drying and storing bathing apparel and
towels, and all other information and statistics that may be required by the
division. The division shall either approve or reject the application based
upon the plans submitted and either issue or deny the construction permit.
(3) After a construction permit is issued and upon request, the
division shall cause an investigation to be made of the proposed public
swimming pool, public spa pool, public
wading pool or bathhouse. If the division determines that the public
swimming pool, public spa pool, public
wading pool or bathhouse complies with the rules of the division, it shall
issue a final approval which shall authorize the issuance of a license.
(4) An applicant for a permit to construct a public swimming
pool, public spa pool, public wading
pool or bathhouse to be owned, operated or maintained by a person for
profit, or in conjunction with a travelers' accommodation or recreation park,
shall pay the division a plan review fee of $100 and a construction permit fee
of $200, which entitles the holder to two inspections toward final approval.
The division shall not impose any new standards after a second or any
subsequent inspection. For any subsequent construction inspection necessary,
the permit holder shall pay $100 for each inspection.
SECTION 3.
ORS 448.035 is amended to read:
448.035. (1) No person shall operate or maintain a public
swimming pool, public spa pool, public
wading pool or bathhouse without a license to do so from the Health
Division.
(2) An annual fee of $100 shall be paid for a license to
operate a public swimming pool, public spa pool, public wading pool or bathhouse. The annual fee for a license for
a second or additional public swimming
pool, public spa pool, public wading pool or bathhouse, or
any combination thereof, on the same site shall be an amount equal to 60
percent of the fee for the first license.
(3) Licenses issued under this section expire annually on a
date set by rule.
SECTION 4.
ORS 448.100 is amended to read:
448.100. (1) The Assistant Director for Health shall delegate
to any county board of commissioners [which]
that requests any of the authority,
responsibilities and functions of the Assistant Director for Health under ORS
448.005, 448.011, 448.020 to 448.035, 448.040 to 448.060 and this section if
the assistant director determines that the county is able to carry out the
rules of the Health Division
relating to fee collection, licensing, inspections, enforcement and issuance
and revocation of permits and certificates in compliance with standards for
enforcement by the counties and monitoring by the division. Such standards
shall be established by the division in consultation with the appropriate
county officials and in accordance with ORS 431.345. The division shall review
and monitor each county's performance under this subsection. In accordance with
ORS 183.310 to 183.550, the assistant director may suspend or rescind a
delegation under this subsection. If it is determined that a county is not
carrying out such rules or the delegation is suspended, the unexpended portion
of the fees collected under subsection (2) of this section shall be available
to the division for carrying out the authority, responsibility and functions
under this section.
(2) The county may determine the amount of, and retain, any fee
for any function undertaken pursuant to subsection (1) of this section or use
the fee schedules pursuant to ORS 448.030 and 448.035. [The county, quarterly, shall remit 15 percent of the state licensing
fee or 15 percent of the county fee, whichever is less, to the division for
consultation service and maintenance of the statewide program.] A county to whom licensing, inspection and
enforcement authority has been delegated under this section shall collect and
remit to the division a fee to support the activities of the division under
this section. The fee shall be established by the division and the Conference
of Local Health Officials based upon a budget and formula for funding
activities described in this section. The division and the Conference of Local
Health Officials shall consult with associations representing Oregon cities,
special districts and the lodging industry in establishing the fee. In the
event the division and the Conference of Local Health Officials cannot reach
agreement on the budget and formula, the division shall submit its budget
proposal to the Legislative Assembly.
(3) In any action, suit or proceeding arising out of county
administration of functions pursuant to subsection (1) of this section and
involving the validity of a rule promulgated by the division, the division
shall be made a party to the action, suit or proceeding.
SECTION 5.
ORS 448.040 is amended to read:
448.040. For the purposes of ORS 448.005 to 448.090, the
Assistant Director for Health may at all reasonable times enter upon any part
of the premises of public bathing and swimming places to make examination and
investigation to determine the sanitary conditions of such places and whether
ORS 448.005 to 448.090 or the rules of the Health Division pertaining to public
swimming pools, public spa pools, public
wading pools or bathhouses are being violated.
SECTION 6.
ORS 448.051 is amended to read:
448.051. (1) The Assistant Director for Health shall inspect
all public swimming pools, public spa pools,
public wading pools and bathhouses to determine the sanitary conditions of
such places and whether ORS 448.005 to 448.090 and the rules of the Health
Division pertaining to public swimming pools, public spa pools, public wading pools and bathhouses
are being violated.
(2) If the assistant director determines that a public swimming
pool, public spa pool, public wading
pool or bathhouse is being operated or maintained in violation of the rules
of the division or is found to be insanitary, unclean or dangerous to public
health or safety the assistant director may suspend, revoke or deny the permit
or license issued under ORS 448.030 or 448.035 in accordance with ORS 183.310
to 183.550.
SECTION 7.
ORS 448.060 is amended to read:
448.060. (1) No public swimming pool, public spa pool, public wading pool or bathhouse shall
remain open to the public after the permit or license to operate such
facilities has been suspended, denied or revoked.
(2) Any public swimming pool, public spa pool, public wading pool or bathhouse
constructed, operated or maintained contrary to ORS 448.005 to 448.090, is a
public nuisance, dangerous to health.
(3) Such nuisance may be abated or enjoined in an action
brought by the Assistant Director for Health or may be summarily abated in the
manner provided by law for the summary abatement of public nuisances dangerous
to health.
SECTION 8.
ORS 448.011 is amended to read:
448.011. The Health Division shall make such rules pertaining
to the submission of plans for construction, issuance of permits, design,
construction, size, shape, purification equipment, piping, operation,
sanitation and accident prevention for public swimming pools, public spa pools, public wading pools
and bathhouses as it deems necessary.
Approved by the Governor
August 4, 1999
Filed in the office of
Secretary of State August 4, 1999
Effective date October 23,
1999
__________