Or. Admin. Code § 333-060-1025 - Exemptions

The exemptions of sections (1) through (11) of this rule apply, provided the exemption does not present a health or safety hazard. Exemptions do not apply to any alteration or replacement of affected component part.

(1) Pre-May 13, 1959, Pools and Wading Pools: POOLS and WADING POOLS which were in public use before May 13, 1959, shall not be required to comply with Structural Stability, 4.5.13.2; and Walls, 4.5.12.5, provided they are operated in compliance with all other rules of the AUTHORITY relating to AQUATIC VENUES.

(2) Pre-March 1, 1979, Pool Lifelines: POOLS built prior to March 1, 1979, shall provide a lifeline two feet on the shallow side of the break in grade between the shallow and deep portion of the POOL when the interior finish is repaired, if applicable. Where there is a uniform slope, a lifeline is not required.

(3) Pre-March 1, 1979, Pool Markings: POOLS built prior to March 1, 1979, shall comply with Depth Markers and Markings, 4.5.19, pertaining to vertical wall markings when the interior finish is repaired or resurfaced.

(4) Pre-September 1, 2014, Ventilation Systems: POOL or WADING POOL built or renovated after September 1, 2014, and enclosed in a building must have a ventilation system that complies with the requirements of the Oregon Structural Specialty Code, and the Oregon Mechanical Specialty Code.

(5) Pre-June 10, 1959, Pool and Wading Pool Plans Required: All POOLS and WADING POOLS which were constructed and in use but were not in public use and were not licensed by the AUTHORITY before June 10, 1959, shall submit complete and detailed plans to the AUTHORITY for approval before being operated for any public use. A license to operate as a POOL shall not be issued until the POOL complies with the requirements of these rules.

(6) Pre-July 2006, Wading Pool Recirculation and Entrapment: Any WADING POOL built prior to July 1, 2006, but not licensed by the AUTHORITY before that date, must obtain a license to operate:

(a) All WADING POOLS without water recirculation shall be renovated or phased out of use and removed before December 31, 2009. or must cease operation.

(b) All existing WADING POOLS must provide protection against entrapment, hair entanglement and evisceration or cease operation by December 31, 2008.

(7) Pre-February 25, 1971, Limited Use Pools: Any LIMITED USE POOL operated in conjunction with a companion residential housing facility having five or more living units and which was operated and maintained for the use of the occupants thereof and their personal friends only, but which was not required to be licensed prior to February 25, 1971, shall not be required to comply with Structural Stability, 4.5.13.2; Walls 4.5.12.5; Piping, 4.7.1.7, 4.7.1.7.2, 4.7.1.7.3.1; and Overflow Systems, 4.7.1.4; provided such POOLS are operated in compliance with all other requirements of these rules.

(8) Pre-March 1, 1979, Aquatic Venue Construction: AQUATIC VENUES built prior to March 1, 1979, are exempt from the following requirements of these rules provided such AQUATIC VENUES are operated in continuous compliance with the rules in effect at the time they were constructed:

(a) Dimensions, 4.5.12.5.

(b) Finishes, Markings and Lifelines, 4.5.19.5.

(c) Ladders, Recessed Steps and Stairways, 4.5.4.4 and 4.5.4.6.

(d) Decks, 4.8.1.5.2.1, 4.8.1.2.3, 4.8.1.1.2.

(e) Overflow Systems, 4.7.1.4.

(f) Recirculation Systems, 4.7.1.10 (Turnover rate for WADING POOL only).

(g) Inlets and Outlets, 4.7.1.3.

(h) Piping, 4.7.1.7.2, 4.7.1.7.3.2.

(i) Pumps, 4.7.1.8.1.1, 4.7.1.8.2.

(j) Filters, 4.7.2.2.3.1, 4.7.2.2.3.1.1, 4.7.2.3.1, 4.7.2.4.1, 4.7.2.1.2, 4.11.6.4.

(k) Disinfectant and Chemical Feeders, 4.7.3.2.1.2.

(l) Equipment Room, 4.9.1.

(m) Hygiene Facility, 4.10.2.1.

(9) Pre-June 23, 1981, Spas: SPAS built prior to June 23, 1981, are exempt from the following requirements, provided they are constructed and maintained in accordance with the plans approved by the AHJ for the construction of the SPA, and the exemption does not present a health or safety hazard:

(a) Underwater Lighting, 4.6.1.5.

(b) Deck, 4.12.1.5, 4.8.1.4.2, 4.8.1.4.4.

(c) Overflow System, 4.7.1.5.2.1, 5.7.1.1.3, 4.7.1.5.1.2.

(d) Recirculation, 4.7.5.4.3.

(e) Inlets, 4.7.1.3.

(f) Filters, 4.7.2.2.3.1, 4.7.2.2.3.1.1, 4.7.2.3.1, 4.7.2.4.1.

(g) Equipment Room, 4.9.1.

(10) Pre-September 1, 2014, Spa Enclosure: Buildings enclosing SPAS built after September 1, 2014, and buildings enclosing SPAS that are remodeled or renovated on or after September 1, 2014, shall be constructed in accordance with the requirements of the Oregon Structural Specialty Code.

(11) Pre-May 1, 1986, Spa Piping: For all SPAS built after May 1, 1986, the backwash or drain line shall be permanently piped with an air break to discharge into an approved sewerage system.

Notes

Or. Admin. Code § 333-060-1025

PH 9-2025, adopt filed 04/01/2025, effective 4/1/2025

Statutory/Other Authority: ORS 448.011

Statutes/Other Implemented: ORS 448.011