Or. Admin. Code § 414-360-0820

Current through Register Vol. 64, No. 1, January 1, 2025

Section 414-360-0820 - [Effective 7/1/2025] Water Supply and Plumbing

(1) A certified family child care's water supply must be from a public water supply or well, and must be tested for lead, unless the certified family child care uses an CCLD approved alternative water source.

(2) A provider must test each faucet used for drinking or food preparation for lead in the water, unless the home uses an CCLD approved alternative water source.

(3) If the water supply does not meet applicable levels established in (4), the provider must obtain a sufficient supply of potable water, such as bottled water, to ensure compliance with rules for drinking and cooking until treatment or an alternate source is obtained. The faucet must not be used for consumption or food preparation until the lead levels have been mitigated.

(4) After initial testing, a provider must test all drinking water faucets or fixtures for lead at least once every 6 years from the date of the last test. There must be no more than 15 parts per billion (ppb) of lead.

(5) All testing must be performed by a laboratory accredited by the Oregon Laboratory Accreditation Program according to standards set under OAR chapter 333, division 64 in effect as of September 30, 2018. All sample collection and testing must be in accordance with the EPA's 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by reference.

(6) A provider must submit all test results to CCLD within 10 calendar days of receiving the results from the laboratory. The test results must be accompanied by a floor plan or map of the facility that identifies the location of each drinking water faucet or fixture tested.

(7) If test results show that water from any drinking water faucet or fixture has unsafe levels of lead the certified family child care:

(a) Must prevent access to that drinking water faucet or fixture immediately after receiving the test results and until mitigation is complete;

(b) Must use only bottled or packaged water to meet the requirements of this section;

(c) Must submit a corrective action plan to CCLD for approval within 60 days of receiving the test results. The corrective action plan must identify an appropriate mitigation strategy in accordance with Module 6 of the EPA's 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by reference;

(d) Must implement the mitigation method within 30 days of approval by CCLD; and

(e) May consult with the Oregon Health Authority for technical assistance.

(8) A provider must keep a copy of the most recent test results on site at all times.

(9) If a provider does not use any of the on-site plumbing fixtures to obtain water for drinking, cooking, preparing infant formula, or preparing food, the certified family child care must:

(a) Submit a written statement annually at the time of renewal to CCLD identifying the alternative source of water and confirming that the provider does not use any on-site plumbing fixtures for drinking, cooking, or preparing food; and

(b) Notify CCLD in writing if the alternative source of water changes.

(10) If a faucet has not been tested within 6 years, a provider must discontinue using that faucet until testing is completed and the results are below 15 parts per billion (ppb) of lead.

(11) If using a private well, additional testing must be completed prior to initial license and, at a minimum, annually after initial testing.

(a) Well water must be tested for:

(A) Coliform and E.coli bacteria;

(B) Nitrate; and

(C) Arsenic.

(b) Testing must be completed by an Oregon Environmental Laboratory Accreditation Program (ORELAP) accredited laboratory.

(c) Test results must be submitted to the local public health authority for evaluation.

(d) If the well water does not meet safety standards, the provider must discontinue use of the water source, as per recommendation of the local public health authority. The provider must establish and implement a mitigation plan under the guidance of the local public health authority, until such time that the well water is deemed safe for use.

(e) For certified family child cares initially licensed prior to July 1, 2025, testing identified in (11) of this rule must be completed prior to the next renewal and at a minimum annually after initial testing.

Or. Admin. Code § 414-360-0820

DELC 138-2024, adopt filed 12/11/2024, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280