16-989-Order Recorded 6/6/1973IN THE BOARD OF COUNTY COMMISSIONERS
OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
In the Matter
of
Adopting Resolution
providing for a&rrtnistration
and enforcement of ORS 433-735
through 990 relating to Outdoor
Mass Gatherings.
VC1 16 FAU1 98-9
O R D E R
A D O P T I N G R E S O L U T I O N
This matter coming before the Deschutes County Board of Commissioners
this 6th day of June, Z973, the Board does resolve as follows:
WHEREAS, the Board of Commissioners deems this action to be in the
public interest as it relates to the Health, Safety and Morals concerning
outdoor mass gatherings as set forth in ORS 433.735 through 990, and
WHEREAS, the Board of Commissioners intends to enforce all of the
provisions of ORS 433.735 through 990, the provisions of the Deschutes County
Zoning Ordinance relating to the use of land and all of the provisions of the
State Board of Health regulations governing outdoor mass gatherings;
NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of
Deschutes County shall not consider the issuance of a permit as specified in
ORS 433.735 through ORS 433.990 and/or as specified in the Deschutes County
Zoning Ordinance No. PL -5 unless it complies with the foZZowing, after which
time the Board may or may not issue such permit:
Z) A public hearing must first be held pursuant to Deschutes
County Ordinance NO. PL -5 only where such use is specified.
If the outdoor assembly or gathering of any size is not
allowed in a Use Zone as a conditional use of land, a permit
shall not be issued and a public hearing is not required
which further invalidates the need for a public hearing
VCL 16 I A
specified in ORS 433. 750. If the use qualifies and is
recommended under County Ordinance No. PL -5, the applicant must
file an application for a permit with the Board of County
Commissioners (for more than 3,000 persons) pursuant to
ORS 433.735 through 433.990.
2) As authorized by Oregon Revised Statutes concerning
outdoor mass gatherings for more than 3,000 persons and/or
pursuant to County Ordinance No. PL -5 regulating same
for any size assembly or gathering providing it qualifies
as a conditional use, detailed plans and specifications
satisfactory to the Board of Commissioners and Planning
Commission shaZZ be submitted along with any permit
application. Such plans shall include all of the specifications
contained in the Rules and Regulations of the State Board
of HeaZth(attached). It will be further required that upon
considering a conditional use request(if applicable) by the
Planning Commission, an environmental impact assessment
report shall be submitted with said required plans. An
application shaZZ not be approved unless the applicant can,
in the report,rp ove that the proposed outdoor mass gathering
or assembly is in fact needed or is beneficial to the social,
economic and physical welfare of the community and is in the
public interest.
Resolved by order of the Commission this 6th day of June, Z973. Said
Resolution to become effective immediately.
BOARD" OF COMMISSION
vot 16 PAGE 991
DIVISION OF HEALTH CH. 333
REGULATIONS GOVERNING
HEALTH AN7D SAFETY AT
OUTDOOR MASS GATHERINGS
Statutory Authority: Chap. 597, OL. 1971
[ED. NOTE: Unless otherwise specified
sections 39-005 through 39-055 of this
chapter of the Oregon Administrative
Rules Corrpilation were adopted by the
Health Division September 14, 1971 and
filed with the SecretaryofState September
15, 1971 as HD 2.1
39-005 PURPOSE. These rules govern
health and safety at outdoor mass gather-
ings pursuant to Chapter 597 Oregon
Law 1971 (Enrolled SB 611). Organizers
of such gatherings must apply for a per-
rr_it to the County Court or Board of
County Commissioners of the County in
which an outdoor mass gathering is to
take place. Applications for permits must
be accompanied by sufficiently detailed
plans, specifications and reports from
which it can be determined by the County
Court or Board of County Commissioners
and other reviewing public officials and
agencies that there is or will be com-
pliance with these rules.
39-010 DEFINITIONS. As used in these
rules unless the context requires other-
wise:
(1) `Division" means Health Division
of the Department of Human Resources.
(2) "Outdoor mass gathering" means
an actual or reasonably anticipated as-
sembly of more than 3,000 persons which
continues or can reasonably be expected
to continue for more than 24 consecutive
hours and which is held in open spaces
and not in a permanent structure.
(3) "Organizer" includes any person
who holds, stages or sponsors an outdoor
mass gathering and the owner, lessee,
or possessor of the real property upon
which the outdoor mass gathering is to
take place.
(4) "Oregon physician" means a per-
son licensed by the Oregon State Board
of Medical Examiners or any other phy-
sician authorized to practice medicine
2-1-72
RT -Irl
and surgery in any part of Oregon.
(5) "Nurse" means a licensed profes-
sional nurse.
(6) "Ambulance" means any privately
or publicly owned motor vehicle that is
regularly provided or offered to be pro-
vided for the emergency transportation of
persons Bufferin; from illness, injury or
disability and which is equipped accord -1n
to the following publication, a copy of
which is attached hereto and by this
reference made a part hereof:
"Medical Requirements for Ambulance
Design and Equipment", by Division o_f
Medical. Science, National Acadc,-:zy of
Sciences, National Research Council,
dated Sept., 1968, 2nd Printing, April,
1969, U.S. Govt. Printing Office 1969,)-
339-482.
[ED. NOTE: Pursuant to ORS 183.360
(3) this publication is not printed in the
Oregon Administrative Rules Compila-
tion. Copies are available in lirni cd
numbers from the Emergency Kcalth
Services Section, State Health Division,
P.O. Box 231, Portland, Oregon, 97207 or
from the Secretary of State as provided by
Section 5 (6) Chapter 734, O.L. 1971.]
39-015 WATER SUPPLY. (1) Required
Amounts:
(a) A minimum of •12 gallons per person
per day shall be provided for the antici-
pated. assembly.
(b) Storage facilities equal to one day's
total water usage shall be provided and
an amount of water equal to one day's
total usage shall be kept in reserve at
all times.
(2) Bacteriological and Chemical Re-
quirements:
(a) All water provided shall give a
negative result for the presence of coli-
form bacteria when subjected to standard
laboratory test procedures far detecting
the presence of coliform bacteria and
shall be from sources. and in containers
approved by the Division.
(b) Water provided shall not contain
the following substances in excess cf
amounts listed. The organizer shall pro-
vide a laboratory analysis report as
evidence of this.
3 3
:GON ADAv4INISTRA.TIVy
SUBS TAivCZ CCNCENTRATION L?,j rng/l
(A)
Arsenic
0.1
(B)
Cadrnium
1.0
(C)
Chloride
250.
(D)
Copper
1,0
(E)
Cyanide
0.01
4F).
Fluo -ide
1. _ 1.7
(G')
Iron
0.3
(H)
Lead
0.05
(I)
Selenium
0.01
(J)
Nitrate (NO;)
45.0
(K)
Total. Dissolved
Solids 500.0
(L)
Zinc
5.0
(3) Construction,
Maintenance, and De-
sign:
(a) All parts of the water supply sys-
tem shall be constructed of non-toxic rria-
te rials .
(b) All water distribution lines and
fittings shall be constructed of galvanized
wrought iron, galvanized steel, copper
or NSF approved plastic pipe. All plastic
pipe and fittings must bear the NSF seal.
(c) Pressure tanks and storage tanks
shall be constructed of non-toxic ma-
terials. Tanks which have previouslybeen
used to contain toxic sibstances ah.all not
be used.
(d) Prior to placing the water supply
system into use, all portions of the
system including storage tanks and dis-
tribution system shall be disinfected by
adding a chlorine solution of not less than
50 mg/1 and retaining the mixture within
all portions of the system for at least
24 hours. Following disinfection, the
system is to be thoroughly flushed of the
chlorine solution.
(e) Hydrants equipped with self-closing
faucets shall be provided at a ratio of not
less than one for every 250 persons or
fraction thereof anticipated.
(f) Each faucet shall be mounted on a
minim•�.,_-n 36 inch riser. The riser is to
be securely fastened to a supporting struc-
ture equal in strength to a four inch by
four inch timber which is securely an-
chored in the ground.
(g) Each faucet and riser shall be
accompanied by a seepage pit located
directly beneath the faucet which shall
have a minimum inside diameter of 12
inches and a minimum depth of three feet
and shall be backfilled with clean coarse
VOL 16 PAGE 992
rock.
(h) All water distribution lines shall
be installed at a minimum depth of 12
inches in the soil and shall be covered.
(i) If camping and activity areas are
separately designated, 60 per cent of the
total required faucets shall be located
within the area designated for camping,
and 40 per cent of the total required
faucets shall be located in the areadesig-
nated for activities.
(j) A minimum of one faucet shall be
located not more than 25 lineal feet from
each food service facility and a minimum
of one faucet shall be located not more
than 25 lineal feet from any emergency
medical facility.
(k) Garden hoses, flexible lines, pipes,
or similar devices shall not be connected
to any faucet or any other portion of the
water supply system for personal con-
venience or any other reason.
(1) A minimum pressure of 20 pounds
per square inch shall be maintained at
all times and at all points within the
water distribution system.
39-020 DRAINAGE. (1) The site selec-
ted for the outdoor mass gathering shall
have good natural drainage. Areas which
are swampy, or areas known to be sus-
ceptible to flash flooding are not accep-
table.
(2) Roads at the outdoormass gathering
site shall be provided with culverts, tiles
and ditching wherever needed to protect
such road;; from erosion due to precipi-
tation.
39-025 SEWERAGE FACILITIES.(1)
Non -Water Carried Sewage Facilities:
(a) The construction and maintenance
of earth pit privies shall comply with
the following requirements:
(A) They shall be located at least 50
feet from a well, spring, or other source
of domestic water supply, and at least
50 feet from any stream, river or lake
and at least 10 feet from any property
line. .
(B) The pit shall have a minimum
capacity of 50 cubic feet, and shall be at
least five feet deep and shall be lined
ll6o
2-1-72
DIVISION OF HEALTH
with lumber, concrete, steel or other
equivalently substantial material to pre-
vent caving. The pit shall be covered by a
building of substantial construction lo-
cated on either a concrete or wood sill
to make it as fly -tight and rodent -proof
as possible from the outside. The floor
and riser shall be built water impervious
and fly -tight of wood, concrete, ceramic,
..st-ainless: :steel or.other. equi-valently sub-
stantial material.
(C) The seat opening shall be equipped
with a self-closing lid hinged and so con-
structed that when closed it will exclude
flies from the pit. Vents connected to
the p;.t shall be covered with 16 mesh
copper, aluminum or plastic wire screen
and shall have a total effective cross
section of at least 50 square inches. The
building shall be equipped with a tight
fitting, self-closing door and shall be
weather-proof.
(D) The contents of the pit shall not be
permitted to overflow onto the surface of
the ground or be exposed to flies or ro-
dents.
(E) A minimum of one-half pound of
chlorinated lime shall be deposited in
each pit once every 24 hours.
(F) At the conclusion of the outdoor
mass gathering, the contents of the pit
shall be covered by backfilling with at
least a two foot depth of earth.
(b) In areas where high water tables
are encountered, concrete vault privies,
pail privies, chemical toilets or incin-
erator toilets shall be used in place of
earth pit privies for disposal of human
excreta. All vaults and receptacles of
such privies shall be :water -tight and
constructed of reinforced concrete, plas-
tic, fiberglas or metal.
(A) The contents of vault privies, pail
privies, and chemical toilets shall be
removed by a registered sewage cesspool
operator in accordance with state and
local laws, ordinances, and regulations.
(B) Chemical toilets shall be serviced
daily with respect to sanitation, removal
of contents, and recharging of chemical
solution.
(C) All earth pit privies, privies with
water -tight receptacles, chemical toilets
and incinerator toilets shall be main-
tained in a sanitary condition at alltimes.
2-1-72 116p
VOL
(2) Water Carried Sewage DisposalFa-
cilitie s:
If water carried subsurface sewage dis-
posal facilities are provided they shall
be governed by Oregon Administrative
Rules, Chapter 333, Section 41-001through
41-040,- and by this ,reference are incor-
porated herein and'_made a part hereof.
(3) Number and Location of Toilets
and Privies:
(a) Seven privies or toilets or any
combination thereof shall be provided for
each 800 persons or fraction thereof
anticipated.
(b) If camping and planned activity areas
are separately designated, silty per cert
of the total required toilets or privies
shall be located within the designated
camping area and forty per cent of the
total required toilets or privies shall be
located in the designated planned activity
area. If areas are not designated, lo-
cation and spacing of toilets and privies
shall be in accordance with anticipated
crowd clustering or grouping, or spaced
uniformly Throughout the entire mass
gathering site.
(c) All chemical toilets if provided shall
be located so as to be easily and readily
serviced by servicing vehicles.
(4) Liquid Wastes Not Containing Hu-
man Excreta:
(a) Facilities shall be provided for the
disposal of all liquid wastes not con-
taining human excreta such as, but not
limited to kitchen or cooking .wastewater,
grease, dishwater, wash water, and bath
water. These facilities shall be specifi-
cally identified by means of a sign which
states "Waste Water Disposal".
(b) Such facilities shall consist of a
seepage pit having a minimum depth of
three feet and a lateral area of not less
than 32 square feet. The pit shall be
backfilled with clean, coarse rock and be
protected by a one-fourth inch screen
which i.s removable and will effectively
trap food particles and prevent other
wastes from entering the backfilled rock.
(c) All food particles and other waste
material shall be removed from the fa-
cilities at least once every 24 hours or
at more frequent intervals if necessary to
prevent fly and insect attraction.
(d) Such facilities shall be located or
spaced so as to uniformly serve the
participants of the outdoor mass gathering.
(e) One facility shall be provided for
each 3,000 persons or fraction thereof
anticipated.
(f) At least one facility shall be located
not more than 50 lineal feet from each
food service iacility.
39-030 REFUSE STORAGE AND DIS-
POSAL. (1) All refuse and solid waste
shall be stored in fly -tight containers
constructed of impervious material.
(2) Containers for refuse and solid
waste storage shall be provided at a
minimum ratio of one 30 gallon container
for each 16 persons or fraction thereof
anticipated or one cubic yard of container
capacity for each 125 person's or fraction
thereof anticipated.
(3) All refuse and solid waste shall be
removed from storage containers at least
once every 24 hours and transported and
disposed' of in a manner which is authorized
and complies with state and local laws,
ordinances and regulations.
39-035 FOOD AND SANITARY FOOD
SERVICE. (1) Food service facilities, if
supplied, shall be located in clean sur-
roundings and shall be maintained in a
clean and sanitary condition.
(2) Food service facilities, if supplied,
shall be so constructed and arranged that
food, drink, utensils and equipment will
not be exposed to rodents, insects, dust,
dirt or other contamination. If flies are
preser_t, screening shall• be required.
(3) The water supply for food service
facilities shall be adeauate in amount to
serve the requirements of the facility
and shall be safe for human consumption.
Storage tanks or containers, when used,
shall be of smooth, easily cleanable ma-
terial, and shall be cleaned and sanitized
each time they are refilled. Water shall
not be dipped from a receptacle for
drinking or culinary purposes.
(4) Toilet or privy facilities which com-
ply with these rules shall be available
within the immediate area for use by the
food service facility personnel.
(5) Hand washing facilities shall be
IST RATIV
VOL 16 Fac[ 994
made available for the food service fa-
cility personnel. In lieu of a handwash4ng
sink, there shall be provided a pan with
soap and water for washing of hands, and
a pan of water containing a bactericidal
solution of 50 mg/1 of available chlorine
or its equivalent for rinsing of hands.
Sanitary paper towels shall be provided.
The use of a common -type towel is pro-
hibited. Utensil. washing vats shall not be
used for handwashin,g.
(6) (a) All multi -use utensils and all
display cases or windows, counters,
shelves, tables, refrigeration equipment,
sinks and other equipment used in con-
nection with the operation of a food ser-
vice facility shall be constructed as to be
easily cleaned and shall be kept in good
repair.
(b) Utensils containing or plated with
cadmium or lead shall not be used, pro-
vided, however, that solder containing
lead may be used for jointing.
(c) Food containers with seams which
are not sealed flush with the surface
shall not be re -used. Single service
containers and utensils shall not be re-
used.
(7) (a) Single service paper plates, cups,
and plastic or wood knives, forks, and
spoons are recommended but not required.
If multiple use dishes, utensils or equip-
ment are used, they must be subjected to
one of the following methods of bacteri-
cidal treatment after cleaning and washing.
(A) Immersion for at least two minutes
in clean, hot water at a temperature of
at least -170 0 Fahrenheit. If hot water is
used, a dependable thermometer shall
be available at all time s and shall be
used. The pouring of scalding water over
washed utensils is not acceptable as a
satisfactory bactericidal treatment.
(B) Immersion for at least two minutes
in a lukewarm chlorine bath. This bath
shall be made up at a strength of at least
100 mg/1 of available chlorine. The bath
shall not be used after its strength has
been reduced to 50 mg/l.
(C) Immersion for at least two minutes
in an approved quaternary ammonium bath
containing at least 25 mg/l as determined
by a suitable field test.
(b) In machine dishwashing, the hot
water rinse shall be at least 170°Fahren-
116q
2-1-72
L—_
VOL 16 PA -E 995
DIVIS10_N OF HEALTH CH. 333
heft and shall be for a minimum of 10
seconds.
(c) in hand dishwashing, a three com-
partment sink shall be required. The
first compartment shall be used for wash-
ing with a soap or detergent solution. The
second compartment shall be used for
clear w-ati r :rinse, and`tr� third compart-
ment shall be used for the bactericidal
solution and sanitizing bath.
(8) If ice cream or frozen desserts are
dipped and served at the food, service
facility, all scoops and dippers shall be
kept in running eater dipper vtells.
(9) (a) All refuse and solid waste shall
be stored or collected in tightly covered,
water impervious containers until re-
moved from the food servicefacility. Such
containers when emptied shall be washed
to prevent them from attracting flies
and rodents.
(b) All dishwater and liquid wastes not
containing human excreta shall be disposed
of in accordance with Section 39-OZ5
to (f) of these rules.
(10) (a) All readily perishable food shall
be kept at or below 450 Fahrenheit except
when being prepared or actually served.
Readily perishable foods shall be stored
in shallow containers under refrigeration
until cooled below 45 ° Fahrenheit. When
such foods have been cooled below 45°
Fahrenheit, 'they may be stored in deep
containers. Food shall not be served which
has been stored, handled or otherwise
cared for in a manner not in compliance
with these rules.
(b) A dependable indicating thermome-
ter shall be provided in each refrigerator.
(c) All ice shall be stored and handled
in such a way as to prevent contamina-
tion. Ice scoops or tongs shall be used to
place ice in glasses or cups. Ice shall be
obtained only at sources which are li-
censed under ORS Chapter 624 or ORS
Chapter 627.
(11) All food products, raw, cooked,
canned or otherwise, shall be wholesome
and free of spoilage during storage, pre-
paration and serving. All milk and milk
products shall come from a source which
is licensed and approved by the Oregon
State Department of Agriculture. Home
canned or home processed foods shall
not be stored, prepared or served by the
2-1-72
food service facility.
RZ) Pre-cooked foods or meats must
be kept at or below 45° Fahrenheit at all
times or subjected to continuously a;plied
heat which will sustain the internal to n-
perature of the food item to not less than
140 ° until such time as it is served.
(13) Bottl.-d soda or fruit drin_:s may
be cooled in tanks with water and ic-
provided the tanks contain not loss than
50 m;/l available chlorine. The tons of
the containers shall not be subrn r-tcd.
Milk and milk products shall be k, --pt at
or below 45° Fahrenheit in dry refri-�Ira-
tion.
(14) Canned soda or fruit drinl�s m.ay
be cooled in tanks of ice and water pro-
vided that the water contains not loss
than 50 mg/1 available chlorine.
(15) All persons within the food service
facility shall wear clean outer garments
and shall keep their hands clean at all
times while engaged in preparing* or
serving food and drink, or waslhing and
storing utensils and equipment.
(16) All persons while within a food
service facility shall refrain from any
personal action or conduct which would
directly or indirectly harm the quality
or wholesomeness of the food.
(17) No live animals or fowl shall be
permitted within the confines of any food
service facility.
39-040 EMERGENCY MEDICAL Fr-
CILITIES.(1) There shall be present at
the outdoor mass gathering site for emer-
gency medical services, physicians and
nurses in the following ratios:
(a) Daylight Hours - at least one Ore-
gon physician plus sufficient other physi-
cians (licensed to practice medicine and
surgery in any of the 50 states of the
United States) to provide a ratio of one
for each 10,000 persons attending or
fraction thereof and one nurse for each
7,500 persons attending or fraction there-
of.
(b) Nighttime Hours - (1:00 a.m, to
7:00 a.m.) - At least one Oregon physi-
cian plus sufficient other physicians (li-
censed to practice medicine and sur7ery
in any of the 50 states of the United
States) to provide a ratio of one for each
116r
G
OREGON ADMIN?ISTRATIVE RULES
20,000 persons attending or fraction there-
of and one nurse for each 15,000 persons
attending or fraction thereof.
(2) Facilities shall be providedinwhich
physicians can provide patient care and
treatment. The facility shall be enclosed,
protested from the elements, and shall
have chairs,. examining tables with stir-
rups, and locked cabinets for equipment
and inedidine. All necessary medicine
and instruments for conducting minor
surgery and examinations shall be avail-
able.
(3) Lighting within the emergencymed-
ical facilities shall be provided and shall
be not less than 200 foot candles in areas
where treatment and minor surgery are
conducted.
(4) Attending physicians shall keep ac-
eturate records of patients and treatment,
and shall notify the local health officer of
all cases involving a communicable di-
sease.
(5) Temporary holding facilities shall
be provided for the sick and injured while
awaiting transport to a hospital. The
facility shall be enclosed, protected from
the elements, and shall be furnished with
one cot or bed for each 1,000 persons
anticipated or fraction thereof.
(6) Communication, either telephone or
radio -telephone, shall be provided to sum-
mon aid or notify the nearest hospital,
law enforcement or fire protection agency,
as required.
(7) Ambulances shall be provided atthe
outdoor mass gathering for emergency
evacuation of sick and injured persons at
a ratiq of one ambulance for each 10,000
persons anticipated or fraction thereof.
Ambulances shall be manned by trained
personnel who, at a minimum, must carry
a valid advanced first aid card.
39-045 FIRE PROTECTION. (1) Each
camping space shall be a minimum of
1,000 square feet or large enough to
accommodate a parked camping vehicle,
tent vehicle or tent, as the case may be,
and to maintain at least 15 feet separation
from any other camping vehicle, tent
vehicle or tent, building, structure or
property line.
(2) The organizer shall secure awritten
statement from the local fire protection
agency having jurisdiction that fire pro-
tection complies with state and local
laws, ordinances, and regulations, and is
satisfactory with respect to anticipated
crowds and location of the outdoor mass
Bathe ring.
39-050 SECURITY PERSONNEL. (1)
The organizer shall maintain an accurate
count of persons attending the outdoor
mass gathering and shallprovide adequate
security arrangements to limit further
admissions to the outdoor mass gathering
when the anticipated number of persons
has been admitted.
(2) The organizer shall secure awritten
statement from the chief law enforcement
officer of the county in which the outdoor
mass gathering is to take place that
arrangements for security and the orderly
flow of traffic to and from the outdoor
mass gathering complies with state and
local laws, ordinances and regulations, and
is satisfactory with respect to anticipated
crowds and location of the outdoor mass
gathering.
39-055 TRAFFIC. (1) The organizer
shall provide easily accessible roads of
all-weather construction at the outdoor
mass gathering site.
(2) All roads shall be graded so as to
be self -draining and shall be maintained
in such condition that emergency and
other required vehicles can move upon
them =encumbered and can carry out
their functions at all times.
(3) An ungraveled dirt road shall not
be considered as being an all-weather
road.
(4) No road or portion of any road
constructed shall exceed a maximum
grade of 12 per cent.
(5) All roads shall have a minimum
width of 20 feet.
(6) The organizer shall provide and
designate a suitable area at the outdoor
mass gathering for parking of motor
vehicles.
(a) The total area provided for motor
vehicle parking shall be based on the
following ratio:
116s
2-1-72
VOL 16 PACE 997
CH. 333
DIVISION Or HEALTH
for every four persons and shall be clearly marked with lime.
300 square feet (c) The motor vehicle parking spaces
anticipated.
b Each motor vehicle parking space shallparked vehicles and allow vehicles free
shall have a minimum width of ten feet P
and a minimum length of twenty feet access to exits at all times.
116t
2-1-72