The Oregon Health Authority
Public Pool and Tourist Facility Program works in partnership with local health departments, the recreation and tourist industry and the public to reduce the risk of waterborne illness and injury at public facilities. The program provides technical assistance, training, and education; coordinates rulemaking; and oversees the field inspection system
Public Pool and Tourist Facility Program
OAR 333-060 and 333-062 - Aquatic Facility Rule Update - Adoption of the 2023 Model Aquatic Health Code
The Oregon Health Authority (OHA), Public Health Division, Public Pool Program is proposing to repeal Oregon Administrative Rules (OARs) in chapter 333, division 60, “Public Swimming Pools" and chapter 333, division 062, “Public Spa Pools," and adopt new rules in these divisions to reorganize and update rules relating to aquatic facility requirements. These OARs have been added onto and revised many times over the years and the program has decided to adopt the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services, 2023 Model Aquatic Health Code (MAHC), 4th Edition to bring Oregon's rules closer to the national standard for aquatic venue safety.
The goal of the reorganization is to update rule language to better address the public health concerns with modern aquatic venues as well as to group sections of related topics together so the users can more easily find information based on their responsibilities at an aquatic venue, and to use inclusive and equity-focused language. The original rules were separated by facility type with pools separated from spas. However, with this rule update, the program proposes to reorganize to include all types of aquatic venues (ex; pools, spas, splash pads) and instead separate the rule sets by activity (construction provisions and operational provisions). This will allow both industry and regulators to utilize the rules more efficiently and include a wider variety of pool types.
Most existing licensed aquatic venues will be able to continue to operate as licensed after the rule adoption, with the updated provisions of the MAHC applying to new construction only at this time.
For more details, please see the Notice of Proposed Rulemaking, including the Statements of Need and Fiscal and Racial Equity Impacts and the full text of the proposed rules, as well as the full text of the draft rule document. The proposed new text begins on page 66 for division 60, “Aquatic Facilities - Design Standards and Construction" and page 132 for division 62, “Aquatic Facilities – Operations and Policies" of the Notice of Proposed Rulemaking. There are also draft Significant Changes documents that outline some of the biggest rules changes for both operators and for pool builders/designers.
PLEASE NOTE: The written comment period for this rulemaking has been extended to 5:00 P.M. Pacific Time on February 25, 2025.
Written comments may be submitted before 5:00 P.M. Pacific Time on February 25, 2025:
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon St. Suite 930
Portland, OR 97232
* Comments sent by regular mail must be postmarked by 5:00 P.M. Pacific Time on February 4, 2025.
- Send comments by fax to: 971-673-1299
Final rules will be filed after consideration of all comments.
If you have questions or would like a paper copy of the Notice of Proposed Rulemaking, please contact Erica Van Ess at erica.vaness@oha.oregon.gov.