Or. Admin. R. 333-040-0020 - Definitions

Current through Register Vol. 61, No. 4, April 1, 2022

(1) "Agent of the Owner" -- means a current employee of the owner of record who was in the employ of that owner at the time the property was determined to be an illegal drug manufacturing site; or is a current employee of any new owner and who was an employee of that owner at the time the property was sold or transferred to that owner prior to decontamination.
(2) "Certificate of Fitness" -- means a certificate issued for a particular property by the Public Health Division indicating that the property is fit for use.
(3) "Contractor" -- means a contractor licensed by the Public Health Division under these rules to perform assessment and decontamination activities at illegal drug manufacturing sites.
(4) "Decontamination" and "Contamination Reduction" -- mean reduction in levels of known contaminants to the lowest practical level, as determined by the Public Health Division, using currently available methods and processes.
(5) "Division" -- means the Public Health Division of the Oregon Health Authority.
(6) "Full disclosure" -- means written notice to a prospective buyer or recipient of any illegal drug manufacturing site as set forth in OAR 333-040-0100.
(7) "Owner" -- means:
(a) For real property, the owner of record as disclosed by the records of the recorder in the county where the property is located; or,
(b) For personal property for which a certificate of title or ownership has been issued, the person shown as owner on such certificate.
(8) "Reasonable grounds" -- includes, but is not limited to, the presence of chemicals, substances, apparatus and chemical residues commonly associated with an illegal drug manufacturing site.
(9) "Unfit for Use" -- means a determination made by an agency as listed in ORS 453.876 that a property is an illegal drug manufacturing site and may be contaminated with hazardous chemicals or substances.
(10) "Unfit for Use listing" -- means a listing of properties in Oregon that have been determined to be illegal drug manufacturing sites, and that have not been issued a Certificate of Fitness. The list is maintained by the Department of Consumer and Business Services-Building Codes Division, pursuant to ORS 453.879.
(11) "Use" -- means occupancy or entry for any reason including, but not limited to, entry for such things as cleaning, remodeling, repairs, or demolition, except as allowed in ORS 453.873, 453.876, 453.885 and Oregon Laws 1999, chapter 861.

Notes

Or. Admin. R. 333-040-0020
HD 20-1990, f. 6-29-90, cert. ef. 7-1-90 (and corrected 7-13-90 ); OHD 2-1998, f. & cert. ef. 2-13-98; OHD 1-2000, f.& cert. ef. 1-24-00

Stat. Auth.: ORS 453.864

Stats. Implemented: ORS 453.855 - ORS 453.912

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