Division 20 Oregon Law

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Facility Licensing and Operational Requirements

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Pursuant to ORS 690.055 a facility license must be obtained when operating a business establishment, providing services in one or more fields of practice defined in ORS 690.005.

(1) Subject to ORS 676.612, a facility license may be issued if the applicant:

(a) Is at least 18 years of age, if the applicant is a natural person, and meets requirements of ORS 690.055;

(b) Submits proof of:

(i) A current registration as required by Secretary of State, Corporations Division pursuant to ORS 648.007; and

(ii) A current copy of the Assumed Business Name (ABN) filing if applicant is operating under an assumed business name prior to applying for a facility license.

NOTE: ABN is not required if business includes the real and true name of each owner. Refer to Secretary of State, Corporations Division under ORS 648.005 through 648.990.

(c) Files an application on prescribed forms with the agency and pays the required application and license fees. If the facility is owned by a corporation, the application must state the name of and the form must be signed by the corporate officer;

(d) Complies with all applicable administrative rules and regulations of the Board and other state agencies regarding health, safety, and infection control standards;

(e) Complies with the specifications for building, fire and plumbing codes as specified in OAR 817-010-007, and complies with ventilation, exit and fire standards established by the Department of Consumer and Business, Building Codes Division and Office of the State Fire Marshal;

(f) Provide a map or directions to the facility if it is located in a rural or isolated area; and

(g) Attests that the application information is correct.

(2) License holders must comply with the notification requirements of OAR 331-010-0040.

(3) Facility license holders offering services within the licensed premises, other than those regulated under ORS 690.005, such as massage, tanning, tattooing or body piercing, must ensure compliance with appropriate licensing laws and regulations if required.

(4) Client services referred to in subsection (3) of this rule, must have a treatment area that is separated by a permanent, solid barrier, private or screened from the entrance, waiting area or other treatment areas when cosmetology services regulated under ORS 690.005 are being performed to ensure client privacy and prevent contact with chemical or other air-borne irritants. This does not pertain to sale of products.

(5) Any location where services are performed solely by independent contractors, who are registered by the agency, must be licensed as a facility.

(6) The cleanliness and sanitary condition of any shared or common area used by or provided for separately licensed facilities or independent contractors located at one premises is the responsibility of each license or registration holder at that premises.

(7) All facility license holders and independent contractor registration holders located at one premises will be cited for violations of rules or regulations found in the shared or common area of a facility, unless a contractual agreement exists that indicates specific responsibility for the cleanliness of a shared or common area within the premises.

(8) Facility License — Residence.

(9) In addition to the requirements of this rule, applicants for a facility license located within a residence must have an identifying house number or a sign that is easily visible from the street and indicates the location of the facility. The license holder must:

(a) Comply with all applicable regulations of OAR chapter 817, division 010, including maintaining equipment the Board requires for all facilities;

(b) Provide an entrance to the facility that is separate from the entrance to residential living areas; and

(c) Maintain separation between the residential living area and facility by solid walls extending from floor to ceiling, with connection doors kept closed during hours of facility operations and serving clients as required in ORS 690.205.

(10) Inspections and Investigations:

(a) Pursuant to ORS 676.608 or 690.225, a facility owner or license holder must allow the agency’s representative to inspect the facility or conduct an investigation. Obstructing or hindering the normal progress of an investigation or the inspection, threatening or exerting physical harm, or enabling another individual or employee to impede an investigation or inspection may result in disciplinary action.

(b) License holders must contact the agency in writing to make arrangements for an inspection if the agency has been unable to perform an inspection after one year because the facility was closed.

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Requirements for Changing Facility Ownership and Location

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(1) The facility license is issued to a designated owner or legal entity for the specific physical location where business is conducted. The license is not transferable from person-to-person or from business-to business.

(2) A facility owner or license holder shall meet the requirements of a new facility and submit a new facility application and required fees when any of the following conditions exist:

(a) A facility is purchased from the current or previous owner, partnership or corporation;

(b) There is a change in the legal ownership, partnership or holding of a facility regulated under ORS 690 and OAR 817, such as a partner or co-owner being added or removed from the existing facility license. This includes a change in the ownership status due to death or divorce of facility owner or a spouse listed as a co-owner on the agency’s records. :

(c) An existing facility moves or relocates to a new physical address.

(3) Facility license holders who close a business regulated under ORS 690 and OAR 817 shall inform the agency in writing within 30 calendar days of the closure of the facility and before reopening the facility while the license is still current.

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Licensed Health Care Facility

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(1) Health care facilities licensed under ORS 441.025 or a residential facility licensed under 443.415 are exempt from facility license requirements as stated in 690.025(3) if services are provided to residents only.

(2) No person acting individually or jointly with any other person shall establish, conduct, maintain, manage or operate a facility defined in ORS 690.005 without a license issued by the Board of Cosmetology. Licensed health care facilities shall comply with the Board's licensing, safety and infection control rules if services regulated under ORS 690 are administered to the general public

(3) The agency may inspect those areas of a licensed health care facility where services are performed if alleged licensing or safety and infection control violations are reported. The agency may investigate the facility in response to a complaint. The agency may report the safety and infection control conditions and results of inspection or investigation to the Department of Human Services, Health Services and/or or other appropriate agencies.