OAR 414-300-0205
Testing for Lead in Drinking Water

(1) For purposes of this rule, “drinking water faucet or fixture”
(a) means any plumbing fixture on the premises used to obtain water for drinking, cooking, preparing infant formula, or preparing food; and
(b) does not include any plumbing fixture used to obtain water for handwashing, bathing, or diaper changing.
(2) Water obtained from fixtures identified in subsection (1)(b) of this rule cannot be used for drinking, cooking, preparing infant formula, or preparing food.
(3) Initial Testing
(a) Any operator with an active certificate as of September 30, 2018 must test each drinking water faucet or fixture by November 30, 2018.
(b) The following operators must test each drinking water faucet or fixture for lead in the water prior to being eligible to receive a license from OCC:
(A) Any operator with a pending certificate application as of September 30, 2018; and
(B) Any operator applying for certificate on or after September 30, 2018, including, but not limited to, initial applications, renewal applications, and reopen applications.
(c) An operator identified in subsection (3)(a) or (b) does not need to conduct the initial testing if:
(A) All drinking water faucets or fixtures have been tested within 6 years prior to the effective date of this rule; and
(B) The testing was conducted in accordance with the requirements of subsection (5) of this rule.
(d) An operator identified in subsection (3)(a) must submit all test results to OCC no later than November 30, 2018. The test results must be accompanied by a floor plan or map of the facility that identifies the location of each drinking water faucet or fixture tested.
(e) An operator identified in subsection (3)(b) must submit test results to OCC within 10 calendar days of the operator receiving the results from the laboratory. The test results must be accompanied by a floor plan or map of the facility that identifies the location of each drinking water faucet or fixture tested.
(4) Ongoing Testing
(a) After an operator conducts the initial testing under subsection (3) of this rule, the operator must test all drinking water faucets or fixtures at least once every six years from the date of the last test.
(b) All test results obtained in accordance with subsection (4)(a) of this rule must be submitted to OCC within 10 calendar days of the operator receiving the results from the laboratory. The test results must be accompanied by a floor plan or map of the facility that identifies the location of each drinking water faucet or fixture tested.
(5) Sampling and Testing
(a) All sample collection and testing must be in accordance with the Environmental Protection Agency (EPA)’s 3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities, Revised Manual from October 2018, adopted by reference.
(b) 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.
(c) If a center does not use any of the on-site plumbing fixtures to obtain water for drinking, cooking, preparing infant formula, or preparing food, the operator must:
(A) Submit a written statement to OCC identifying the alternative source of water and confirming that the provider does not use any on-site plumbing fixtures for drinking, cooking, preparing infant formula, or preparing food; and
(B) Notify OCC in writing if the alternative source of water changes.
(6) Results
(a) If test results show that water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the operator must:
(A) Prevent access to that drinking water faucet or fixture immediately after receiving the test results; and
(B) Continue to prevent access to that drinking water faucet or fixture until mitigation in completed in accordance with subsection (6)(b) of this rule.
(b) Following receipt of test results showing that water from any drinking water faucet or fixture has 15 parts per billion (ppb) or more of lead, the operator must:
(A) Submit a corrective action plan to OCC 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; and
(B) Implement the mitigation method within 30 days of approval by OCC.
(7) Recordkeeping and Posting
(a) The operator must keep a copy of the most recent lead test results on-site at all times.
(b) The operator must post the most recent lead test results summary provided by OCC in an area of the facility where the summary can be clearly viewed by parents. The operator must post the lead test results summary immediately after receiving the summary from OCC.
(8) Certified child care centers must follow the routine practices identified in 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, at all times.

Source: Rule 414-300-0205 — Testing for Lead in Drinking Water, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=414-300-0205.

414‑300‑0000
Applicability of Rules 414‑300‑0005
Definitions 414‑300‑0010
Application for a Child Care Certificate 414‑300‑0015
Issuance of a Child Care Certificate 414‑300‑0020
Exceptions to Rules 414‑300‑0030
General Requirements 414‑300‑0040
Enrollment 414‑300‑0050
Arrival and Departure 414‑300‑0060
Record Keeping 414‑300‑0070
General Requirements 414‑300‑0080
Director — Qualifications and Duties 414‑300‑0090
Head Teacher — Qualifications and Duties 414‑300‑0100
Teacher 414‑300‑0110
Teacher Aides 414‑300‑0115
School-Age Multi-Site Programs — Additional Staff 414‑300‑0120
Staff Training 414‑300‑0130
Staff/Child Ratios and Group Size 414‑300‑0140
Indoor Space 414‑300‑0150
Outdoor Space 414‑300‑0160
Fire Protection 414‑300‑0170
Hazards and Emergencies 414‑300‑0180
Sanitation 414‑300‑0190
Toilet Facilities 414‑300‑0200
Kitchens 414‑300‑0205
Testing for Lead in Drinking Water 414‑300‑0210
Furniture 414‑300‑0215
Infant and Toddler Furniture and Equipment 414‑300‑0220
Illness or Injury 414‑300‑0230
Medications 414‑300‑0240
Animals in the Center 414‑300‑0250
Food Selection, Storage, and Preparation 414‑300‑0260
Cleaning, Sanitizing, and Storage of Food Service Equipment and Utensils 414‑300‑0270
Nutrition 414‑300‑0280
Meals and Snacks 414‑300‑0290
Program Plan 414‑300‑0295
Program of Activities for All Children 414‑300‑0300
Infant and Toddler Program of Activities 414‑300‑0310
Preschool-Age Program of Activities 414‑300‑0320
School-Age Program of Activities 414‑300‑0330
Guidance and Discipline 414‑300‑0340
Equipment and Materials 414‑300‑0350
Transportation 414‑300‑0360
Night Care 414‑300‑0380
Swimming Activities 414‑300‑0390
Drop-in Care 414‑300‑0400
Suspension, Denial and Revocation 414‑300‑0415
Civil Penalty
Last Updated

Jun. 8, 2021

Rule 414-300-0205’s source at or​.us