Or. Admin. Code § 414-305-0820 - Water Supply and Plumbing

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

(a) A certified child care center must notify CCLD and all families when the water supply is interrupted for more than 1 hour or the water source becomes contaminated.

(b) If the water supply does not meet applicable levels established in (3) and (4), the center 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.

(2) If applying for certification, including, but not limited to, initial applications, renewal applications and reopen applications, a center must test each faucet used for drinking or food preparation for lead in the water, unless the center uses an CCLD approved alternative water source.

(3) After initial testing, a center 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.

(4) 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.

(5) If using a private well, a certified child care center must have the water tested at least once every 6 years for coliform bacteria and nitrates. Test results must show:

(a) No presence of E.coli bacteria; and

(b) Less than ten parts per million (ppm) for nitrates. If test results for nitrates are greater than five but less than ten ppm, the water must be retested within six months.

(6) A certified child care center 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, coliform bacteria or nitrates, the certified child care center:

(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 certified child care center must keep a copy of the most recent test results on site at all times.

(9) A certified child care center must have the most recent water test results summary provided by CCLD immediately upon receipt available in a prominent and frequently visited location for the parents and public to view (also see OAR 414-305-0260, Items Available to View).

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

(a) Submit a written statement annually at the time of renewal to CCLD identifying the alternative source of water and confirming that the center 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.

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

(12) A certified child care center must not attach drinking fountains to sinks or locate them in bathrooms, and the water from drinking fountains must:

(a) Clear the mouth guard by at least one inch;

(b) Not be a "bubble type" fountain (the water flow must form an arc); and

(c) Be cleaned and sanitized daily, or more often as needed.

Notes

Or. Admin. Code § 414-305-0820

ELD 10-2023, adopt filed 06/28/2023, effective 1/1/2024; DELC 43-2024, minor correction filed 04/12/2024, effective 4/12/2024

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.260