Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1469 d. If the independent assessment is greater than 30 days 
old, a new ICA must be obtained prior to the initiation of 
IIH services, TDT, or MHSS for individuals younger 
than 21 years of age.  
e. If the parent or legal guardian disagrees with the ICA 
recommendation, the parent or legal guardian may appeal 
the recommendation in accordance with Par t I (12VAC30 -
110-10 et seq.) In the alternative, the parent or legal 
guardian may request that a service provider perform his 
own evaluation. If after conducting a service -specific 
provider intake the service provider identifies additional 
documentation pr eviously not submitted for the ICA that 
demonstrates the service is medically necessary and 
clinically indicated, the service provider may submit the 
supplemental information with a service authorization 
request to the DMAS service authorization contractor . The 
DMAS service authorization contractor will review the 
service authorization submission and the ICA and make a 
determination. If the determination results in a service 
denial, the individual, parent or legal guardian, and service 
provider will be noti fied of the decision and their appeal 
rights pursuant to Part I (12VAC30 -110-10 et seq.).  
5. If the individual is in immediate need of treatment, the 
independent clinical assessor shall refer the individual to 
the appropriate enrolled Medicaid emergency se rvices 
providers in accordance with 12VAC30 -50-226 and shall 
also alert the individual's managed care organization.  
C. Requirements for behavioral health services administrator 
and community services boards/behavioral health authorities.  
1. When the BHSA , CSB, or BHA has been contacted by the 
parent or legal guardian, the ICA appointment shall be offered 
within five business days of a request for IIH services and 
within 10 business days for a request for TDT or MHSS, or 
both. The appointment may be schedu led beyond the 
respective time frame at the documented request of the parent 
or legal guardian.  
2. The independent assessor shall conduct the ICA with the 
individual and the parent or legal guardian using the VICAP -
001 form and make a recommendation for t he most 
appropriate medically necessary services, if indicated. 
Referring or treating providers shall not be present during the 
assessment but may submit supporting clinical documentation 
to the assessor.  
3. The ICA shall be effective for a 30 -day period.   
4. The independent assessor shall enter the findings of the 
ICA into the DMAS service authorization contractor's web 
portal within one business day of conducting the assessment. 
The independent clinical assessment form (VICAP -001) shall 
be completed by t he independent assessor within three 
business days of completing the ICA.  
D. The individual or his parent or legal guardian shall have 
the right to freedom of choice of service providers.  
VA.R. Doc. No. R17 -4495; Filed January 31, 2017, 4:07 p.m.  
  ––––––––––––––––––    TITLE 13. HOUSING  
BOARD  OF HO USING AND COMMUNITY 
DEVELOPMENT  
Proposed Regulation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development is claiming an exemption from 
Article 2 of the Administrative Process Act pursuant to §  2.2-
4006 A 12 of the Code of Virginia, which excludes 
regulations adopted by the Board of Housing and Community 
Development pursuant to the Statewide Fire Prevention Code 
(§ 27-94 et seq.), the Industrialized Building Safety Law 
(§ 36-70 et seq.), the Unifo rm Statewide Building Code 
(§ 36-97 et seq.), and §  36-98.3 of the Code of Virginia, 
provided the board (i) provides a Notice of Intended 
Regulatory Action in conformance with the provisions of 
§ 2.2-4007.01, (ii) publishes the proposed regulation and 
provides an opportunity for oral and written comments as 
provid ed in §  2.2-4007.03, and (iii) conducts at least one 
public hearing as provided in §§  2.2-4009 and 36 -100 prior to 
the publishing of the proposed regulations.  
Title of Regulation:  13VAC5 -31. Virginia Amusement 
Device Regulations  (amending 13VAC5 -31-40, 13VAC5 -
31-50).  
Statutory Authority:  § 36-98.3 of the Code of Virginia.  
Public Hearing Information:  
May 15, 2017 - 10 a.m. - Virginia Housing Development 
Authority Virginia Hou sing Center, 4224 Cox Road, Glen 
Allen, VA 23060  
Public Comment Deadline:  April 21, 2017.  
Agency Contact:  Elizabeth O. Rafferty, Policy and 
Legislative Director, Department of Housing and Community 
Development, Main Street Centre, 600 East Main Street, 
Suite 300, Richmond, VA 23219, telephone (804) 371 -7011, 
FAX (804) 371 -7090, TTY (804) 371 -7089, or email 
elizabeth.rafferty@dhcd.virginia.gov.  
Background:  The Virginia Amusement Device Regulations 
(VADR) governs the construction and operation of 
amusement de vices, which are by statutory definition devices 
or structures open to the public by which persons are 
conveyed or moved in an unusual manner for diversion and 
passenger tramways. The regulations are closely related to the 
Uniform Statewide Building Code ( 13VAC5 -63) (USBC) and 
under state law the USBC applies to amusement devices to 
the extent that the VADR does not set out differing 
requirements. Both regulations utilize nationally recognized 
model building codes and standards to provide the technical 
requirements for the actual construction of the regulated 
buildings. Every three years, new editions of the model codes 
become available. At that time, the Board of Housing and 
Community Development initiates a regulatory action to 
incorporate the newest editi ons of the model codes into the Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1470  regulation and accepts proposals for changes to the regulation 
from affected client groups and the public. The Department of 
Housing and Community Development staff maintains 
mailing lists for workgroups involving different subject areas 
of regulation and conducts workgroup meetings to develop 
consensus recommendations, when possible, concerning 
submitted proposals. The department uses an online program 
incorporating the provisions of the regulation and the model 
codes and st andards to facilitate the submittal of proposals. A 
public hearing is held during the workgroup meeting stage of 
the process and a comment period established. Once 
workgroup meetings are completed, the board holds series of 
meetings to consider each propos al, and the approved 
proposals are incorporated into the proposed regulation. After 
publication of the proposed regulations, the board establishes 
a comment period for the acceptance of comments on 
amendments reflected in the proposed regulation, and an 
additional public hearing is held. The board then meets to 
consider proposals and public comments and develops a final 
regulation to complete the regulatory process.  
Summary:  
The proposed amendments to the VADR in this regulatory 
action are as follows:  
13VAC 5-31-40 A 2: Update the referenced standards for 
amusement devices to the latest editions available.  
13VAC5 -31-50: The Virginia Certification Standards 
(13VAC5 -21) (VCS), also a regulation under the authority 
of the board, was amended and became effective in 
September of 2014. It sets out periodic training and 
continuing education requirements for maintaining 
inspector certificates issued by the board. Prior to the 
amendments to the VCS, the VADR contained those 
requirements. Now that the VCS contains the r equirements, 
those requirements are being deleted from the VADR, and 
a reference to the VCS is added in place of the 
requirements.  
13VAC5 -31-40. Incorporated standards.  
A. The following standards are hereby incorporated by 
reference for use as part of this  chapter:  
1. American National Standards Institute (ANSI) Standard 
No. B77.1 -2011 for the regulation of passenger tramways; 
and 
2. American Society for Testing and Materials (ASTM) 
Standard Nos. F698 -94, F747 -06 F747 -15, F770 -11 F770 -
15, F846 -92 (2009), F8 53-05, F893 -10, F1159 -11 F1159 -
15b, F1193 -06 F1193 -16, F1957 -99 (2011), F2007 -12, 
F2137 -11 F2137 -16, F2291 -11 F2291 -15, F2374 -10, 
F2375 -09, F2376 -08 F2376 -13, F2460 -11, and F2959 -12 
F2959 -16, and F2974 -15 for the regulation of amusement 
devices.  The standa rds referenced above may be procured from:  
ANSI  
25 W 43rd Street  
New York, NY 10036  ASTM  
100 Barr Harbor Dr.  
West Conshohocken, PA 
19428 -2959  
B. The provisions of this chapter govern where they are in 
conflict with any provisions of the standards incorporated by 
reference in this chapter.  
C. The following requirements supplement the provisions of 
the ASTM standards incorporated by reference in this 
chapter:  
1. The operator of an amusement device shall be at least 16 
years of age, except when the person is under the 
supervision of a parent or guardian and engaged in 
activities determined not to be hazardous by the 
Commissioner of the Virginia De partment of Labor and 
Industry;  
2. The amusement device shall be attended by an operator 
at all times during operation except that (i) one operator is 
permitted to operate two or more amusement devices 
provided they are within the sight of the operator an d 
operated by a common control panel or station and (ii) one 
operator is permitted to operate two small mechanical rides 
with separate controls provided the distance between 
controls is no more than 35 feet and the controls are 
equipped with a positive pre ssure switch; and  
3. The operator of an amusement device shall not be (i) 
under the influence of any drugs which may affect the 
operator's judgment or ability to assure the safety of the 
public or (ii) under the influence of alcohol.  
D. Where an amusemen t device was manufactured under 
previous editions of the standards incorporated by reference 
in this chapter, the previous editions shall apply to the extent 
that they are different from the current standards.  
13VAC5 -31-50. Certification of amusement devi ce 
inspectors.  
A. Any person, including local building department 
personnel, inspecting an amusement device relative to a 
certificate of inspection shall possess certification as an 
amusement device inspector in accordance with the Virginia 
Certification S tandards (13VAC5 -21).  
B. Local building department personnel enforcing this 
chapter and private inspectors shall attend periodic 
maintenance training as designated by DHCD. In addition to 
the periodic maintenance training required above, local 
building de partment personnel and private inspectors shall 
attend 16 hours of continuing education every two years as 
approved by DHCD. If local building department personnel 
or private inspectors possess more than one BHCD certificate, 
the 16 hours shall satisfy the  continuing education 
requirement for all BHCD certificates.   Regulations  
Volume 33, Issue 13  Virginia Register of Regulations  February 20, 2017  
1471 Note: Continuing education and periodic training 
requirements for DHCD certifications are set out in the 
Virginia Certification Standards (13VAC5 -21). 
DOCUMENTS INCORPORATED BY REFERENCE 
(13VAC5 -31)  
ANSI B77.1 -2011, Passenger Ropeways – Aerial 
Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors – 
Safety Requirements, American National Standards Institute 
(ANSI), 25 West 43rd Street, 4th Floor, New York, NY 
10036 ( http://www.ansi.org/ ) 
American Society for Testing and Materials (ASTM), 100 
Barr Harbor Drive, West Conshohocken, PA 19428 -2959; 
(http://www.astm.org/ ): 
ASTM F698 -94, Standard Specification for Physical 
Information to be Provided for Amusement Rides and 
Devices  
ASTM F747 -06 F747 -15, Standard Terminology Relating 
to Amusement Rides and Devices  
ASTM F770 -11 F770 -15, Standard Practice for 
Ownership , and Operation , Maintenance, and Inspection  of 
Amusement Rid es and Devices  
ASTM F846 -92 (2009), Standard Guide for Testing 
Performance of Amusement Rides and Devices  
ASTM F853 -05, Standard Practice for Maintenance 
Procedures for Amusement Rides and Devices  
ASTM F893 -10, Standard Guide for Inspection of 
Amusement Ri des and Devices  
ASTM F1159 -11 F1159 -15b, Standard Practice for Design 
and Manufacture of Patron Directed, Artificial Climbing 
Walls, Dry Slide, Coin Operated and Purposeful Water 
Immersion  of Amusement Rides and Devices and Air -
Supported Structures  that are Outside the Purview of Other 
F24 Design Standards  
ASTM F1193 -06 F1193 -16, Standard Practice for Quality, 
Manufacture, and Construction of Amusement Rides and 
Devices  
ASTM F1957 -99 (2011), Standard Test Method for 
Composite Foam Hardness -Durometer Hardn ess 
ASTM F2007 -12, Standard Practice for Classification, 
Design, Manufacture, and Operation of Concession Go -
Karts and Facilities  
ASTM F2137 -11 F2137 -16, Standard Practice for 
Measuring the Dynamic Characteristics of Amusement 
Rides and Devices  
ASTM F2291 -11 F2291 -15, Standard Practice for Design 
of Amusement Rides and Devices  
ASTM F2374 -10, Standard Practice for Design, 
Manufacture, Operation, and Maintenance of Inflatable 
Amusement Devices  
ASTM F2375 -09, Standard Practice for Design, 
Manufacture, Installa tion and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, 
Play Areas and Attractions  
ASTM F2376 -08 F2376 -13, Standard Practice for 
Classification, Design, Manufacture, Construction, and 
Operation of Water Slide Systems  
ASTM F2460 -11, Standard Practice for Special 
Requirements for Bumper Boats  
ASTM F2959 -12 F2959 -16, Standard Practice for Special 
Requirements for  Aerial Adventure Courses  
ASTM F2974 -15, Standard Guide for Auditing 
Amusement Rides and Devices  
VA.R. Doc. No. R16 -4667;  Filed January 20, 2017, 2:38 p.m.  
Proposed Regulation  
REGISTRAR'S NOTICE:  The Board of Housing and 
Community Development is claiming an exemption from 
Article 2 of the Administrative Process Act pursuant to §  2.2-
4006 A 12 of the Code of Virginia, which excludes 
regulations adopted by the Board of Housing and Community 
Development pursuant to the Statewide Fire Prevention Code 
(§ 27-94 et seq.), the Industrialized Building Safety Law 
(§ 36-70 et seq.), the Uniform Statewide Building Code 
(§ 36-97 et seq.) , and §  36-98.3 of the Code of Virginia, 
provided the board (i) provides a Notice of Intended 
Regulatory Action in conformance with the provisions of 
§ 2.2-4007.01, (ii) publishes the proposed regulation and 
provides an opportunity for oral and written com ments as 
provided in §  2.2-4007.03, and (iii) conducts at least one 
public hearing as provided in §  § 2.2-4009 and 36 -100 prior 
to the publishing of the proposed regulations.  
Title of Regulation:  13VAC5 -51. Virginia Statewide Fire 
Prevention Code  (amending 13VAC5 -51-11 through  
13VAC5 -51-155; adding 13VAC5 -51-144.8; repealing 
13VAC5 -51-146).  
Statutory Authority:  § 27-97 of the Code of Virginia.  
Public Hearing Information:  
May 15, 2017 - 10 a.m. - Virginia Housing Development 
Authority Virginia Housing Center, 4224 Cox Road, Glen 
Allen, VA 23060  
Public Comment Deadline:  April 21, 2017.  
Agency Contact:  Elizabeth O. Rafferty, Policy and 
Legislative Director, Department of Housing  and Community 
Development, Main Street Centre, 600 East Main Street, 
Suite 300, Richmond, VA 23219, telephone (804) 371 -7011, 
FAX (804) 371 -7090, TTY (804) 371 -7089, or email 
elizabeth.rafferty@dhcd.virginia.gov.  
Background:  The Statewide Fire Prevention Code (SFPC) is a 
regulation governing the maintenance of the fire protection 
aspects of existing structures and operational functions 
relating to fire safety wherever located, including the 
regulation of the use of explosives and blasting and fireworks 
displays. The SFPC uses a nationally recognized model code 
produced by the International Code Council as the basis for