Or. Admin. R. 333-060-0700

Current through Register Vol. 63, No. 9, September 1, 2024

Section 333-060-0700 - Enforcement

(1) ACCESS. The pool license holder, operator, or responsible supervisor must permit an authorized employee or agent of the Division to enter any public swimming pool or wading pool area, whenever the pool is open, or at any other reasonable time for the purpose of inspecting the pool operation. 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 swimming pool or wading pool, the Division or its agent finds that the 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 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 333-060-0705 prior to notifying the license holder, operator or responsible supervisor in writing of the violations as required in this subsection.

(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 pool in accordance with ORS chapter 183. A license holder shall have 21 days to request a hearing, if desired.

Or. Admin. R. 333-060-0700

PH 23-2014, f. 8-15-14, cert. ef. 9-1-14; PH 29-2019, amend filed 12/19/2019, effective 1/1/2020

Statutory/Other Authority: ORS 448.011

Statutes/Other Implemented: ORS 448.005 - 448.100 & 448.990