Or. Admin. Code § 333-060-0025

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-060-0025 - Approval to Construct

(1) No person shall construct a public swimming pool, public wading pool, or bathhouse adjacent thereto, or alter any such structures without:

(a) Submitting complete plans and specifications to the Division; and

(b) Receiving a written plan approval or conditional approval from the Division.

(2) Plans, specifications, and fees required herein shall be submitted at the time the application is filed.

(3) No person shall deviate from the approved or conditionally approved plans and specifications during the construction or alteration of a facility described in section (1) of this rule without written approval of the Division.

(4) The Division may issue a conditional plan approval where the plans and specifications for the proposed public swimming pool demonstrate a new technology or alternative mode of operation not contemplated in these rules. Such a conditional plan approval may be issued only when the proponent of the facility has provided information to the Division from which the Division determines that the swimming pool may be reasonably expected to:

(a) Operate continuously in a clean and sanitary manner;

(b) Not constitute a menace to public health and safety; and

(c) Provide health and safety protection equal to or greater than that required by these rules.

(5) The conditional plan approval may impose conditions which will be set forth in a license for operation. These conditions may include, but not be limited to, submission of monitoring reports, sampling requirements, use restrictions and such other conditions as the Division may deem necessary to protect the public health and safety or to establish further the Division's expectancy of such protection. Furthermore, any license issued subject to a conditional plan approval shall carry the condition that, by its acceptance, the holder understands that a conditional license may not be renewed, may be revoked or suspended, or a permanent license not issued in the future, if the Division determines that the provisions of subsections (4)(a), (b), and (c) of this rule are not met. Such conditional plan approval authority is not conferred upon any county notwithstanding any delegated or contractual authority in administration and enforcement of the public swimming pool statutes and rules.

Or. Admin. Code § 333-060-0025

HD 2-1979, f. 1-25-79, ef. 3-1-79, Renumbered from 333-042-0091; HD 26-1982(Temp), f. & ef. 12-6-82; HD 8-1983, f. & ef. 5-27-83; HD 7-1986, f. & ef. 5-1-86; HD 22-1994, f. 8-22-94, cert. ef. 9-1-94; PH 29-2019, amend filed 12/19/2019, effective 1/1/2020

Statutory/Other Authority: ORS 448.011

Statutes/Other Implemented: ORS 448.020