Or. Admin. Code § 333-062-0255 - [Repealed]

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Or. Admin. Code § 333-062-0255

PH 23-2014, f. 8-15-14, cert. ef. 9-1-14; PH 29-2019, amend filed 12/19/2019, effective 1/1/2020; PH 9-2025, f. & cert. ef. 4/1/2025

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Statutory/Other Authority: ORS 448.011

Statutes/Other Implemented: ORS 448.011

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(1) If one or more of the conditions outlined in subsection (3)(a) through (j) of this rule is present at the public spa pool facility, the spa pool license holder, operator or responsible supervisor must immediately close the pool until the situation is resolved.

(2) If a spa pool license holder, operator or responsible supervisor has not acted in accordance with section (1) of this rule, the Division or its agent may issue an emergency suspension order and close a spa in accordance with ORS 183.430(2). The emergency suspension may be used if one or more of the conditions in subsection (3)(a) through (j) of this rule exist that present a serious and immediate danger to the public's health or safety.

(3) Conditions requiring immediate closure of the public spa pool, until they are resolved include:

(a) CHEMICAL PARAMETERS. Failure to comply with the disinfectant residual levels, high levels for cyanuric acid or out of range pH established in OAR 333-062-0170(1), and items (a) thru (i) of Table 1;

(b) WATER QUALITY. Failure to comply with the water quality standards for clarity and bacteria established in OAR 333-062-0165(1) and items (j) and (k) of Table 1;

(d) TREATMENT EQUIPMENT. A non-operational circulation pump, filter, or disinfectant feeder. With the approval of the local public health authority, when the chemical feeder(s) is inoperative for no more than a few hours while repairs are made, the spa pool may remain open, if the water chemistry can be maintained manually.

(e) ELECTRICAL SAFETY.

(A) The presence of bare electrical wires or other obvious electrical deficiency;

(B) The presence of lightning or severe storms within a minimum 10-mile (16 km) proximity of the pool at outdoor spa pools.

(f) SUPERVISION. The absence of a responsible supervisor or required lifeguard;

(g) ENCLOSURES. Enclosures such as fences, doors, gates or windows that are not in compliance with OAR 333-062-0080;

(h) SUBMERGED SUCTION FITTINGS. A broken, missing or improperly attached submerged suction fitting, as required by OAR 333-062-0103(1)(d);

(i) FECAL ACCIDENT. A fecal accident occurs or feces is found in the pool. Information related to proper fecal incident response can be found at https://www.oregon.gov/oha/PH/HealthyEnvironments/Recreation/PoolsLodging/Pages/index.aspx; or

(j) OTHER CONDITIONS. The presence of a hazardous substance or object in the spa pool, or the existence of any condition creating an immediate danger to health or safety.

(4) In accordance with ORS 183.430(2), a license holder shall have 90 days after the date of notice of emergency suspension to request a hearing and if a hearing is requested a hearing must be granted to the licensee as soon as practicable after such demand.