71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 889
House Bill 2242
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Human Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes new license fee schedule for public pool licenses.
Creates additional fee for reinstatement of license that has
expired. Prohibits operating public pool if license is expired.
Increases fees for public pool plan review and variances.
Requires establishment of criteria for voluntary training of
public pool operators and employees.
Takes effect November 1, 2001.
A BILL FOR AN ACT
Relating to public pool facilities; creating new provisions;
amending ORS 448.030, 448.035, 448.037 and 448.060; and
prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS 448.005 to 448.090. + }
SECTION 2. { + (1) The Health Division shall establish
training criteria for persons engaged in operating a public
swimming pool, public spa pool, public wading pool or bathhouse.
(2) A person desiring to offer training for public swimming
pool, public spa pool, public wading pool or bathhouse operators
may submit a training curriculum to the division. A curriculum
review fee of $150 must accompany the submission. The division
shall review the submission and certify a curriculum that meets
the criteria established under subsection (1) of this section.
(3) The division shall provide a certificate of recognition to
persons operating a public swimming pool, public spa pool, public
wading pool or bathhouse upon receiving evidence that the
employees of the public swimming pool, public spa pool, public
wading pool or bathhouse have completed a training course
certified under this section. + }
SECTION 3. 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. - } { + plans
and specifications showing the construction of the public
swimming pool, public spa pool, public wading pool or bathhouse
and all appurtenant structures and equipment. The plans and
specifications must be sufficient to demonstrate compliance with
division rules for the construction of public swimming pools,
public spa pools, public wading pools and bathhouses. + } The
division shall either approve or reject the application based
upon the plans { + and specifications + } 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 - } { + $675 that + }
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 4. ORS 448.035 is amended to read:
448.035. (1) { - No person shall - } { + A person may
not + } operate { - or maintain - } a public swimming pool,
public spa pool, public wading pool or bathhouse without a
license to do so from the Health Division.
(2) { - An annual fee of $100 shall be paid for a license - }
{ + The license fee + } to operate a { + year-round + } public
swimming pool, public spa pool, public wading pool or
bathhouse { + is $290 + }. The { - annual fee for a - }
license { + fee + } for { - a second or - } { + an + }
additional { + year-round + } 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. - } { +
is $185. The license fee to operate a seasonal public swimming
pool, public spa pool, public wading pool or bathhouse is $215.
The license fee for an additional seasonal public swimming pool,
public spa pool, public wading pool or bathhouse, or combination
thereof, on the same site is $125. + }
(3) Licenses issued under this section { - expire - } { +
are nontransferrable and nonrefundable. + } { - annually on a
date set by rule. - }
{ + (4) A license issued under this section expires annually
on December 31. To reinstate a license after December 31, the
operator must pay a reinstatement fee of $50 in addition to the
license fee required under subsection (2) of this section. + }
SECTION 5. ORS 448.037 is amended to read:
448.037. (1) A person applying for a variance shall submit a
variance application accompanied by a fee of { - $150 - } { +
$275 + } to the Health Division. { + The fee for an additional
variance application for the same pool facility is $150. + } If
the division approves the application, { + the division shall
grant + }a variance { + , + } { - shall be granted, stating
the - } { + including any + } terms and conditions thereof.
(2) The division may waive the fee for variance requests
precipitated by change in the division's rules.
(3) The division may not delegate the responsibility under
subsection (1) of this section under the provision of ORS
448.100.
SECTION 6. ORS 448.060 is amended to read:
448.060. (1) { - No - } { + A + } public swimming pool,
public spa pool, public wading pool or bathhouse { - shall - }
{ + may not + } remain open to the public after the permit or
license to operate { - such facilities - } { + the
facility + } has { + expired or + } 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 - } { + The + } 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 7. { + The Health Division may apply the license fees
established in ORS 448.035 (2), as amended by section 4 of this
2001 Act, to license applications and payments received before
January 1, 2002, for the licensing period beginning January 1,
2002. + }
SECTION 8. { + Except as otherwise provided in section 7 of
this 2001 Act, section 2 of this 2001 Act and the amendments to
ORS 448.030, 448.035, 448.037 and 448.060 by sections 3 to 6 of
this 2001 Act become operative January 1, 2002. + }
SECTION 9. { + This 2001 Act takes effect on November 1,
2001. + }
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