Or. Admin. Code § 414-320-0820 - [Effective 7/1/2025] Water Supply and Plumbing

(1) A certified ONB program's water supply must be from a public water supply or well, and must be tested for lead, unless the certified ONB program uses a DELC approved alternative water source.

(2) Certified ONB programs operating entirely on public land may use public records of water testing for their location instead of using an accredited laboratory to conduct the testing described in this subsection.

(3) A certified ONB program must test each faucet used for drinking or food preparation for lead in the water, unless the program uses a DELC approved alternative water source.

(4) If the water supply does not meet applicable level established in (5) of this rule, the certified ONB program 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.

(5) After initial testing, a program 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.

(6) 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.

(7) A certified ONB program must submit all test results to DELC within 10 calendar days of receiving the results from the laboratory. The test results must be accompanied by a map of the facility that identifies the location of each drinking water faucet or fixture tested.

(8) If using a private well, additional testing must be completed prior to initial licensure 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 certified ONB program must discontinue use of the water source, as per recommendation of the local public health authority. The certified ONB program 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.

(9) If test results show that water from any drinking water faucet or fixture has unsafe levels of lead, the certified ONB program:

(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 DELC 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 DELC; and

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

(10) A certified ONB program must keep a copy of the most recent test results on site at all times.

(11) If a certified ONB program does not use any of the on-site plumbing fixtures to obtain water for drinking, cooking, or preparing food, the certified ONB program must:

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

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

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

(13) A certified ONB program 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 § 414-320-0820

DELC 2-2025, adopt filed 03/26/2025, effective 7/1/2025

Statutory/Other Authority: ORS 329A.260

Statutes/Other Implemented: ORS 329A.280