ORS 453.885: Decontamination of property; certification process.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The owner of property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912 who desires to have the property certified as fit for use may use the services of a contractor licensed by the Oregon Health Authority to decontaminate the property or, upon approval by the authority, the owner, or an agent of the owner, may perform the decontamination work. The contractor, in coordination with the owner or agent of the owner, shall prepare and submit a written work plan for decontamination to the authority. If the work plan is approved and the decontamination work is completed according to the plan and is properly documented, the authority shall certify the property as having been decontaminated in compliance with rules of the authority. Upon the completion of the work plan, the authority shall require the licensed contractor’s affidavit of compliance with the approved work plan. (2) The property owner shall notify the Director of the Department of Consumer and Business Services of the certification. No person who is not licensed by the authority under ORS 105.555, 431.175 and 453.855 to 453.912 shall advertise to undertake or perform the work necessary to decontaminate property determined to be not fit for use under ORS 105.555, 431.175 and 453.855 to 453.912. (3) Upon receipt of the certificate and a request by the property owner to remove the property from the list, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list. [1989 c.915 §11; 1999 c.861 §3; 2009 c.595 §928]
Administrative rules citing this section
- OAR 333-040-0010: Purpose and Scope — implements
- OAR 333-040-0020: Definitions — implements
- OAR 333-040-0050: Determination of Unfitness for Use — implements
- OAR 333-040-0060: Unfit for Use Listing by State Department of Consumer and Business Services, Building Codes Division — implements
- OAR 333-040-0065: Procedures for Owners of Unfit for Use Properties — implements
- OAR 333-040-0070: Procedures for Assessment, Decontamination, Sampling and Testing — implements
- OAR 333-040-0080: Compliance with Regulations and Disposing of Contents of Unfit for Use Properties — implements
- OAR 333-040-0090: Destruction of Unfit for Use Property — implements
- OAR 333-040-0100: Disclosure for Sale or Transfer of Illegal Drug Manufacturing Sites — implements
- OAR 333-040-0110: Qualifications, Training and Licensing of Contractors and Employees — implements
- OAR 333-040-0120: Contractor Listing — implements
- OAR 333-040-0130: On-Site Supervision — implements
- OAR 333-040-0135: Qualifications and Training of Sampling Personnel — implements
- OAR 333-040-0140: Entry and Inspection — implements
- OAR 333-040-0150: Quality Control Checks — implements
- OAR 333-040-0170: Advice and Consultation — implements
- OAR 333-040-0180: Licenses and Fees — implements
- OAR 333-040-0190: Reciprocity — implements
- OAR 333-040-0230: Denial, Suspension, Revocation of License and Civil Penalties — implements
- OAR 918-010-0005: Reasonable Notice to Interested Parties — implements
- OAR 918-010-0005: Reasonable Notice to Interested Parties — authority
- OAR 918-010-0020: Notice of Listing in the Registry — implements
- OAR 918-010-0020: Notice of Listing in the Registry — authority
This rule cites
- ORS 105.555 — resolved
- 431.175 — resolved
- 453.855 — resolved
- 453.912 — resolved
Cited by
- ORS 105.555: Places declared nuisances subject to abatement.
- ORS 105.585: Costs of securing or decontaminating property as lien; priority of lien; filing notice of pendency.
- ORS 163.205: Criminal mistreatment in the first degree.
- ORS 163.547: Child neglect in the first degree.
- ORS 453.879: Director of the Department of Consumer and Business Services to be notified of determination.
- ORS 453.882: Contaminated property as public nuisance.
- ORS 453.886: Notice by county or local government required before incurring costs; owner’s or lienholder’s proposal for decontamination and certification; injunction to prevent use of property; priority for liens for costs incurred.
- ORS 453.990: Criminal penalties.
- ORS 453.995: Civil penalties.
- ORS 822.046: Vehicle dealer’s duty to inform potential buyer if vehicle used for manufacture of controlled substances.
- OAR 333-040-0020: Definitions
- OAR 333-040-0110: Qualifications, Training and Licensing of Contractors and Employees
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors453.html