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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 95

LEAD HAZARDS

Environmental Inspection, Testing and Assessment in Private Residential Buildings

333-095-0000

Definitions

As used in OAR 333-095-0000 through 333-095-0030, unless the context requires otherwise:

(1) "Administrator" means the Administrator of the Oregon Public Health Division or any authorized representative. Authorized representatives include employees of the Public Health Division and employees of the affected county health agency having jurisdiction.

(2) "Division" means the Public Health Division of the Oregon Health Authority.

(3) "Dwelling" means any enclosed space that is wholly or partially used or intended to be used for living, sleeping, cooking, or eating purposes by humans, and includes all grounds and other buildings on the affected property.

(4) "Imminent Hazard" means a condition or combination of conditions such that a person or persons are potentially exposed to lead containing materials that are likely to cause acute illness or serious impairment.

(5) "Inspection" means an on-site investigation that may include visual observations, interviews with persons, technical tests and measurements, documentation of conditions, taking of photographs, and collection of samples for testing elsewhere.

(6) "Lead Hazard" means any condition or combination of conditions in which metallic lead, combined lead or ionic lead is present in or around a dwelling and could potentially be inhaled or ingested by persons.

(7) "Owner" and "Operator" mean any person or persons who jointly or severally hold legal title to or are purchasing any dwelling or premise on contract; or who are responsible for the care or control of any dwelling or premise as owner, agent of the owner, executor, administrator, trustee, or guardian. For purposes of public ownership, "owner" is defined as the chief executive officer of the government entity which owns, leases or otherwise controls the property.

(8) "Person" means any individual, partnership, association, firm, corporation, or joint venture; and includes agencies of municipal, county, state and federal government.

(9) "Premise" or "Premises" means any dwelling or other place of habitation; school; care facility; public or governmental institution; or place of volunteer employment. Premises include the grounds and any other buildings associated with and used by the occupants. These rules do not include employee exposures or workplace conditions that effect only employees who are subject to Federal OSHA or Oregon OSHA jurisdiction.

(10) "Screening" means medical and administrative procedures by which the concentration of lead in the blood of persons is measured.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.110 - 431.180
Hist.: HD 1-1993, f. & cert. ef. 2-12-93

333-095-0010

Purpose

It is the purpose of these rules to:

(1) Ensure that inspection of dwellings and other nonoccupational premises thought to pose elevated risk of lead exposure to occupants can be performed;

(2) Ensure that investigations and assessments can be done thoroughly and promptly when screening or other evidence indicates a need for such inspections; and

(3) Ensure that persons who are likely to be exposed to hazardous levels of environmental lead are advised of the hazard.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.110 - 431.180
Hist.: HD 1-1993, f. & cert. ef. 2-12-93

333-095-0020

Investigations

When results from screening tests, or other medical or diagnostic evidence, or environmental evidence indicates that occupants of any dwelling or other premises are or may be suffering from elevated lead levels, the Division may inspect the dwelling or premises to identify sources of lead exposure. Inspections may also be initiated to follow-up on any other evidence that any dwelling or premise presents a serious risk of lead exposure to any occupant. The owner(s) and occupant(s) of any such dwelling or premise shall allow access to authorized lead investigators of the Division or of the local health department having jurisdiction, so long as the access is requested during regular working hours and appropriate identification and credentials are shown by the inspector(s). Access shall be allowed to all parts of the dwelling and premises. Inspectors may test or collect samples for testing any part of the dwelling or premises and may photograph or otherwise document the conditions found.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.110 - 431.180
Hist.: HD 1-1993, f. & cert. ef. 2-12-93

333-095-0030

Notification of Occupants

If investigation and testing of any premise reveals the presence of hazardous levels of lead in forms that present exposure hazards to occupants, the Administrator may notify such occupants of the hazards.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 431.110 - 431.180
Hist.: HD 1-1993, f. & cert. ef. 2-12-93

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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