2021 Oregon Revised Statutes
Chapter 431A - Public Health Programs and Activities
Section 431A.355 - Power of Oregon Health Authority to regulate lead-based paint activities and renovation; fees.


(a) Certify firms and individuals to perform lead-based paint activities;
(b) Certify firms to perform renovation;
(c) Accredit training providers to provide lead-based paint activities and renovation training;
(d) Develop and approve training programs for lead-based paint activities and renovation;
(e) Establish standards based on best practices for the conduct of lead-based paint inspections, risk assessment and hazard control or abatement services, renovation activities that disturb lead-based paint and the disposal of lead-based paint that are in addition to, not inconsistent with and not in lieu of any other workplace standards required by law;
(f) Develop and conduct programs to screen blood lead levels, identify hazards and educate the public, including but not limited to parents, residential dwelling owners, pediatric medical providers and child care facility operators, about the dangers of lead-based paint and about appropriate precautions that may reduce the probability of childhood lead poisoning;
(g) Adopt rules necessary to implement the provisions of this section and ORS 431A.358 and 431A.363; and
(h) Establish fees sufficient to recover the costs of implementing the provisions of this section and ORS 431A.358 and 431A.363, including but not limited to fees for:
(A) Certification and recertification to perform lead-based paint activities and renovation; and
(B) Accreditation and reaccreditation of lead-based paint training providers.
(2) The authority may contract with a third party to obtain a lead-based paint risk assessment or to abate or control lead-based paint hazards that are identified by a risk assessment.
(3) The authority may:
(a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests or take specimens or samples for testing, as necessary to determine compliance with this section and ORS 431A.358;
(b) Issue subpoenas to determine compliance with this section and ORS 431A.358;
(c) Suspend, revoke or modify a certification to perform lead-based paint activities or renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint; and
(d) Suspend, revoke or modify a certified renovator’s certification if the renovator fails to comply with state or federal statutes or regulations related to lead-based paint.
(4) A person for whom a third party performs lead-based paint activities or renovation, or who compensates a third party to perform lead-based paint activities or renovation, shall identify the third party to the authority upon request. [Formerly 431.920; 2021 c.49 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 12 - Public Health

Chapter 431A - Public Health Programs and Activities

Section 431A.005 - Definitions.

Section 431A.010 - Power of Oregon Health Authority and local public health administrators to enforce public health laws; authorized actions; rules; penalties.

Section 431A.015 - Authority of Public Health Director to take public health actions; authorized actions; rules.

Section 431A.055 - State Trauma Advisory Board.

Section 431A.060 - Designation of trauma areas; rules; trauma system hospitals.

Section 431A.065 - Oregon Health Authority to adopt rules for trauma system hospitals.

Section 431A.070 - Area trauma advisory boards; duties; members.

Section 431A.075 - Liability of provider.

Section 431A.085 - Emergency Medical Services and Trauma Systems Program created in Oregon Health Authority; Oregon Trauma Registry; rules.

Section 431A.090 - Designation of other trauma centers.

Section 431A.095 - Reporting of certain patients; reimbursement for certain services.

Section 431A.100 - Release of information from Oregon Trauma Registry.

Section 431A.105 - Emergency Medical Services for Children Program; duties of Oregon Health Authority.

Section 431A.125 - Oregon Health Authority powers; rules.

Section 431A.150 - Smoking cessation program reimbursement; rules.

Section 431A.153 - Tobacco Use Reduction Account.

Section 431A.155 - Oregon Health Authority to adopt rules for awarding grants.

Section 431A.175 - Definitions; unlawful activities; notice; rules.

Section 431A.178 - Civil penalty for violation of ORS 431A.175, other law, rule or regulation governing tobacco products or inhalant delivery systems.

Section 431A.183 - Agreements to enforce regulation of tobacco products and inhalant delivery systems; report; rules.

Section 431A.190 - Definitions for ORS 431A.190 to 431A.216.

Section 431A.198 - Licensure; fees; rules; exemption.

Section 431A.202 - Revocation, suspension, refusal to issue or renew; rules.

Section 431A.204 - Seizure and forfeiture of contraband products; appeal.

Section 431A.206 - Suspense account for administration and enforcement.

Section 431A.212 - Intergovernmental agreements.

Section 431A.214 - Suspense account for fee money transfers.

Section 431A.216 - Civil penalty for violation of ORS 431A.190 to 431A.216, other law, rule or regulation governing tobacco products or inhalant delivery systems.

Section 431A.218 - Local regulation.

Section 431A.253 - Definitions.

Section 431A.255 - List of high priority chemicals of concern in children’s products.

Section 431A.258 - Disclosure by manufacturers; notice requirement; exemption.

Section 431A.260 - Requirement to remove or substitute high priority chemicals of concern; waivers; exemptions.

Section 431A.263 - Process for substituting chemicals; rules.

Section 431A.265 - Process for waiving requirement to remove or substitute chemicals.

Section 431A.270 - Testing for compliance; fee schedule; rules.

Section 431A.275 - Civil penalty for violation of ORS 431A.258, 431A.260 or 431A.263.

Section 431A.278 - High Priority Chemicals of Concern for Children’s Health Fund.

Section 431A.280 - Biennial report to Legislative Assembly.

Section 431A.300 - Definitions.

Section 431A.303 - Legislative findings.

Section 431A.308 - Toxic household products required to comply with aversive agent requirement; exemptions.

Section 431A.310 - Limitation on liability; application.

Section 431A.313 - Poison Prevention Task Force; members; meetings; duties.

Section 431A.315 - Efficacy and toxicity data to be made available to task force; use; confidentiality of data.

Section 431A.320 - Enforcement by civil action; injunction; damages; attorney fees.

Section 431A.323 - Prohibited conduct.

Section 431A.325 - Civil penalty for violation of ORS 431A.300 to 431A.325.

Section 431A.350 - Lead poisoning.

Section 431A.353 - Definitions.

Section 431A.355 - Power of Oregon Health Authority to regulate lead-based paint activities and renovation; fees.

Section 431A.358 - Performance of lead-based paint activities and renovation without certification prohibited.

Section 431A.360 - Lead poisoning prevention clearinghouse for schools.

Section 431A.363 - Civil penalty for violation of ORS 431A.355 or 431A.358; hearing.

Section 431A.365 - Costs imposed pursuant to ORS 431A.363; notice; hearing; lien.

Section 431A.400 - Healthy Homes Program; grants; reporting; rules.

Section 431A.402 - Healthy Homes Repair Fund.

Section 431A.410 - Grants for clean air programs.

Section 431A.412 - Department of Human Services as lead state agency for clean air shelter operations.

Section 431A.415 - Oregon Health Authority grants for purchase of smoke filtration devices; rules.

Section 431A.417 - Reporting on smoke filtration device grants.

Section 431A.450 - Automated external defibrillators required at health clubs; exception.

Section 431A.455 - Automated external defibrillators required at places of public assembly; exceptions.

Section 431A.463 - Prohibition on requiring prior authorization of payment for substance use disorder treatment; rules.

Section 431A.475 - Oregon Health Authority duties.

Section 431A.500 - Spinal Cord Injury Research Board; members; terms; chairperson; meetings; rules.

Section 431A.505 - Duties of board; grants.

Section 431A.510 - Spinal Cord Injury Research Fund.

Section 431A.525 - Stroke Care Committee.

Section 431A.530 - Oregon Health Authority duties; database; confidentiality.

Section 431A.550 - Facilities to provide notice; rules.

Section 431A.560 - Educational materials about breast reconstruction; requirements.

Section 431A.570 - Significant exposure to bodily fluids; petition to compel testing; confidentiality of results.

Section 431A.600 - Oregon Health Authority to conduct prevention and education activities.

Section 431A.625 - Oregon Health Authority to establish services and programs.

Section 431A.650 - Alzheimer’s Disease Research Fund.

Section 431A.675 - Maternal Mental Health Patient and Provider Education Program; informational materials.

Section 431A.680 - Dissemination of informational materials.

Section 431A.685 - Funding.

Section 431A.700 - Oregon Health Authority to disseminate information.

Section 431A.725 - Qualifying schools; certification; rules.

Section 431A.750 - Examinations by state laboratory; rules; fees.

Section 431A.775 - Definitions.

Section 431A.850 - Definitions.

Section 431A.855 - Establishment of program; rules; report to commission.

Section 431A.860 - Duty of pharmacy to report to program; exceptions.

Section 431A.865 - Disclosure of information; corrections; records; immunity from liability.

Section 431A.867 - Agreement for use of program information.

Section 431A.869 - Sharing and use of program information with other states.

Section 431A.877 - Duty to register; rules.

Section 431A.880 - Licensing information; fees; rules.

Section 431A.890 - Prescription Monitoring Program Advisory Commission; purposes; members.

Section 431A.895 - Term; meetings; rules; quorum; expenses.

Section 431A.896 - Prescription Monitoring Program Prescribing Practices Review Subcommittee.

Section 431A.898 - Practitioner training; rules.

Section 431A.900 - Civil penalty for violation of ORS 431A.855 to 431A.900.