reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Section 12VAC30-240-70 - Compensation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensation per
				verified claim shall be $25,000 and shall be contingent on the availability of
				funding. All verified claims shall be compensated in the order in which they
				are verified.
B. Should funding be
				exhausted prior to the payment of all verified claims, the department shall
				continue to accept and review applications. Claims verified after funding has
				been exhausted shall be maintained by the department according to the date and
				time the claim's eligibility was verified. Any such claim shall not be denied
				but the claimant shall be notified in writing that the eligibility of his claim
				for compensation has been verified, that funding has been exhausted, and that
				his application will be maintained by the department.
C. Should additional program funding become
				available, the department shall first compensate claims in the order in which
				they were verified and maintained by the department pursuant to subsection B of
				this section.
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 240 - EUGENICS STERILIZATION COMPENSATION PROGRAM › Form - FORMS (12VAC35-240)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for Filing a Claim for Compensation for Victims of the 1924 Eugenical
				  Sterilization Act, VESC Form 1004 (eff. 3/2017)
Statutory Authority: §
											37.2-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 250 - PEER RECOVERY SPECIALISTS › Section 12VAC35-250-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Certifying body" means an organization approved by DBHDS
				  that has as one of its purposes the certification of peer recovery
				  specialists.
"DBHDS" means the Department of Behavioral Health and
				  Developmental Services.
"DBHDS peer recovery specialist training" means the
				  curriculum developed and approved by DBHDS for the training of persons seeking
				  [ to meet the Virginia qualifications to be a ] peer recovery [ specialist
				  ].
"Individual" means a person who is receiving peer recovery
				  support services. This term includes the terms "consumer," "patient,"
				  "resident," "recipient," and "client."
"Peer recovery specialist" means a person who by education
				  and experience is professionally qualified to provide collaborative services to
				  assist individuals in achieving sustained recovery from the effects of mental
				  illness, addiction, or both.
"Peer recovery support services" means collaborative
				  nonclinical, peer-to-peer services that engage, educate, and support an
				  individual's self-help efforts to improve his health, recovery, resiliency, and
				  wellness to assist individuals in achieving sustained recovery from the effects
				  of mental illness, addiction, or both.
"Recovery, resiliency, and wellness plan" means a set of
				  goals, strategies, and actions an individual creates to guide him and his
				  health care team to move the individual toward the maximum achievable
				  independence and autonomy in the community.
"Registered peer recovery specialist" means a peer recovery
				  specialist who is registered by the Virginia Board of
				  Counseling.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-304
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 250 - PEER RECOVERY SPECIALISTS › Section 12VAC35-250-20 - Peer recovery specialist

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Any person seeking to be a peer recovery specialist under this chapter shall
				(i) meet the qualifications, education, and experience requirements established
				in this chapter and (ii) hold a certification as a peer recovery specialist
				from a certifying body approved by DBHDS.
B. If the conditions in clauses (i) and (ii)
				of subsection A of this section are met, a person who is one of the following
				may act as a peer recovery specialist:
1. A
				parent of a minor or adult child with a mental illness or substance use
				disorder or co-occurring mental illness and substance use disorder similar to
				the individual receiving peer recovery services; or
2. An adult with personal experience with a
				family member with a mental illness or substance use disorder or co-occurring
				mental illness and substance use disorder similar to the individual receiving
				peer recovery services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 250 - PEER RECOVERY SPECIALISTS › Section 12VAC35-250-30 - Qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				seeking to be a peer recovery specialist under this chapter shall:
1. Have a high school diploma or
				equivalent.
2. Sign and abide by
				the Virginia Peer Recovery Specialist Code of Ethics, Department of Behavioral
				Health and Developmental Services, effective April 4, 2017.
3. Complete the DBHDS peer recovery
				specialist training.
4. Show
				current certification in good standing by the U.S. Department of Veterans
				Affairs or one of the following certifying bodies:
a. National Association for Alcoholism and
				Drug Abuse Counselors (NAADAC);
b.
				A member board of the International Certification and Reciprocity Consortium
				(IC&RC); or
c. Any other
				certifying body approved by DBHDS.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 250 - PEER RECOVERY SPECIALISTS › Section 12VAC35-250-40 - Minimum standards for certifying bodies

Current through Register Vol. 40, No. 24, July 15, 2024
DBHDS may approve a certification obtained from a certifying
				  body that requires its certificate holders to:
1. Adhere to a code of ethics that is
				substantially comparable to the Virginia Peer Recovery Specialist Code of
				Ethics, Department of Behavioral Health and Developmental Services, effective
				April 4, 2017.
2. Have at least one
				year of recovery for persons having lived experience with mental illness or
				substance use disorder conditions, or lived experience as a family member of
				someone with mental illness or substance use disorder conditions.
3. Complete at least 46 hours of training
				from the list of curriculum subjects in
				12VAC35-250-50.
4. Obtain a passing score on an examination
				offered by the certifying body testing knowledge of the curriculum subjects
				identified in
				12VAC35-250-50.
5. Obtain and document at least 500 hours of
				supervised paid or volunteer experience providing peer recovery support
				services in the three years prior to applying for certification. The experience
				hours shall have been in nonclinical, peer-to-peer recovery-oriented support
				activities designed to address an individual's recovery and wellness
				goals.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-304
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 250 - PEER RECOVERY SPECIALISTS › Section 12VAC35-250-50 - Curriculum requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless
				the exception in
				12VAC35-250-30 B is met, any
				person seeking to be a peer recovery specialist under this chapter shall
				complete the DBHDS peer recovery specialist training.
B. The curriculum of the peer recovery
				specialist training shall include training on the following topics:
1. The current body of mental health and
				substance abuse knowledge;
2. The
				recovery process;
3. Promoting
				services, supports, and strategies for recovery;
4. Peer-to-peer services;
5. Crisis intervention;
6. The value of the role of a peer recovery
				specialist;
7. Basic principles
				related to health and wellness;
8.
				Recovery, resiliency, and wellness plans;
9. Stage-appropriate pathways in recovery
				support;
10. Ethics and ethical
				boundaries;
11. Cultural
				sensitivity and practice;
12.
				Trauma and its impact on recovery;
13. Community resources; and
14. Delivering peer services within agencies
				and organizations.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 250 - PEER RECOVERY SPECIALISTS › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC35-250)

Current through Register Vol. 40, No. 24, July 15, 2024
The
				  Virginia Peer Recovery Support Specialist Code of Ethics, Department of
				  Behavioral Health and Developmental Services (eff.
				  4/2017)
Statutory Authority: §§
											37.2-203
					 and
					 37.2-304
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 260 - CERTIFIED RECOVERY RESIDENCES › Section 12VAC35-260-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings, except when the context clearly indicated
				  otherwise:
"Certification list" means the list of certified recovery
				  residences maintained by DBHDS.
"Credentialing entity" means a nonprofit organization that
				  develops and administers professional certification programs according to
				  standards of the National Alliance for Recovery Residences or standards
				  endorsed by Oxford House, Inc.
"DBHDS" means the Virginia Department of Behavioral Health
				  and Developmental Services.
"Level of support" means the level of support and structure
				  that a recovery residence provides to residents, as specified in the standards
				  of the National Alliance for Recovery Residences.
"Recovery residence" means a housing facility that (i) is
				  certified by DBHDS in accordance with this chapter; (ii) provides alcohol-free
				  and illicit-drug-free housing to individuals with substance abuse disorders and
				  individuals with co-occurring mental illnesses and substance abuse disorders
				  and (iii) does not include clinical treatment services.
Statutory Authority: §§
											37.2-203 and
					 37.2-431.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 260 - CERTIFIED RECOVERY RESIDENCES › Section 12VAC35-260-20 - Recovery residence

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person,
				nonprofit organization, or business entity seeking to operate a recovery
				residence under this chapter shall for each location (i) meet the
				qualifications, policies, and practices of a credentialing entity and hold a
				credential, accreditation, or charter from the Virginia Association of Recovery
				Residences or Oxford House, Inc.; and (ii) be certified by DBHDS.
B. A recovery residence seeking to be
				certified by DBHDS shall:
1. Submit a
				completed application on a form provided by DBHDS;
2. Provide evidence of accreditation by a
				charter from or membership in a credentialing entity listed in this section;
				and
3. Provide evidence that the
				recovery residence complies with any minimum square footage requirements
				related to beds and sleeping rooms established by the credentialing entity or
				the square footage requirements set forth in §
										36-105.4 of the Code of Virginia,
				whichever is greater.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 260 - CERTIFIED RECOVERY RESIDENCES › Section 12VAC35-260-30 - List of recovery residences

Current through Register Vol. 40, No. 24, July 15, 2024
A. DBHDS shall
				maintain a list of recovery residences on its website.
B. DBHDS shall monitor recovery residences
				for regulatory compliance and shall consult with the credentialing entities to
				keep the list of recovery homes up to date.
Statutory Authority: §§
											37.2-203 and
					 37.2-431.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 260 - CERTIFIED RECOVERY RESIDENCES › Section 12VAC35-260-40 - Disclosures, restrictions, and violations

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall
				operate a recovery residence or advertise, represent, or otherwise imply to the
				public that a recovery residence or other housing facility is certified by
				DBHDS unless such recovery residence or other housing facility has received
				certification from DBHDS.
B. Any
				recovery residence that fails to maintain the requirements for certification by
				DBHDS as required by this chapter shall have the certification revoked and be
				removed from the certification list.
C. Every recovery residence shall disclose to
				each prospective resident its credentialing entity. If the credentialing entity
				is the National Alliance for Recovery Residences, the recovery residence shall
				disclose the level of support provided by the recovery residence. If the
				credentialing entity is Oxford House, Inc., the recovery residence shall
				disclose that the recovery residence is self-governed and unstaffed.
D. DBHDS may institute civil proceedings in
				the name of the Commonwealth to enjoin any person from violating the provisions
				of this chapter and to recover a civil penalty of at least $200 but no more
				than $1,000 for each violation. Such proceedings shall be brought in the
				general district or circuit court for the county or city in which the violation
				occurred or where the defendant resides. Civil penalties assessed under this
				section shall be paid into the Behavioral Health and Developmental Services
				Trust Fund established in §
									37.2-318 of the Code of
				Virginia.
Statutory Authority: §§
											37.2-203 and
					 37.2-431.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 260 - CERTIFIED RECOVERY RESIDENCES › Form - FORMS (12VAC35-260)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for a DBHDS Certified Recovery Residence, Office of Recovery Service Form (rev.
				  9/2023)
Statutory Authority: §§
											37.2-203 and
					 37.2-431.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 260 - CERTIFIED RECOVERY RESIDENCES › Form - FORMS (12VAC35-260)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for a DBHDS Certified Recovery Residence, Office of Recovery Service Form (rev.
				  4/2024)
Statutory Authority: § 32.1-325 of the Code of
					 Virginia; 42 USC § 1396 et seq.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 13VAC5-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board of Housing and Community Development. This chapter does not apply to
					 regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the
					 Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 13VAC5-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency
				  shall maintain a list of persons who have requested to be notified of
				  regulatory actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 13VAC5-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  13VAC5-11-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC5-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC5-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  As provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC5-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC5-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC5-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 36-137 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC5-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 13VAC5-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				words and terms when used in this chapter shall have the following meanings
				unless the context clearly indicates otherwise:
"Active certificate" means a certificate that is not revoked,
				  suspended, or inactive.
"Applicant" means a person seeking a certificate.
"BCAAC" means the Building Code Academy Advisory Committee
				  appointed pursuant to subdivision 7 of §
										36-137
				  of the Code of Virginia.
"BHCD" means the Virginia Board of Housing and Community
				  Development.
"Certificate" means a certificate of competence issued
				  pursuant to subdivision 6 of §
										36-137
				  of the Code of Virginia concerning the content, application, and intent of
				  specified subject areas of the building and fire prevention regulations
				  promulgated by the BHCD and issued to present or prospective personnel of local
				  governments and to any other persons seeking to become qualified to perform
				  inspections pursuant to Chapter 6 (§
										36-97 et
				  seq.) of Title 36 of the Code of Virginia, Chapter 9 (§
										27-94 et
				  seq.) of Title 27 of the Code of Virginia, and any regulations adopted
				  thereunder, who have completed training programs or in other ways demonstrated
				  adequate knowledge.
"Certificate holder" means a person to whom a certificate has
				  been issued.
"Code academy" means the Virginia Building Code Academy
				  established under subdivision 14 of §
										36-139
				  of the Code of Virginia or individual or regional training academies accredited
				  by the department pursuant to subdivision 7 of §
										36-137
				  of the Code of Virginia.
"Department" means the Virginia Department of Housing and
				  Community Development.
"Inactive certificate" means a certificate where the
				  certificate holder has not attended the periodic training courses designated by
				  the department or has not met the continuing education requirements.
"Provisional certificate" means a temporary certificate
				  issued in accordance with
				  13VAC5-21-51
				  C.
"SFPC" means the Virginia Statewide Fire Prevention Code
				  (13VAC5-51).
"State Review Board" means the Virginia State Building Code
				  Technical Review Board established under §
										36-108
				  of the Code of Virginia.
"USBC" means the Virginia Uniform Statewide Building Code
				  (13VAC5-63).
"VADR" means the Virginia Amusement Device Regulations
				  (13VAC5-31).
B. Words and
				terms used in this chapter that are defined in the USBC, VADR, or SFPC and that
				are not defined in this chapter shall have the meaning ascribed to them in
				those regulations unless the context clearly indicates otherwise.
Statutory Authority: §
											36-137
					 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish standards for
				  applicants for a certificate and standards to be used by the department in the
				  evaluation and determination of a person's eligibility for the issuance of
				  certificates.
Statutory Authority
§ 36-137 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-31 - Qualification and examination requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Applicants for all certificates shall provide proof of
				  successful completion of approved examinations for each certificate sought
				  based on current certification examination requirements. Applications submitted
				  with passing grades on approved examinations older than six years from the date
				  of passing will be denied except where the applicant can demonstrate the
				  maintenance of a current certification issued by the approved testing agency.
				  The department may consider related certifications maintained by the certifying
				  entity. The department shall maintain a list of approved testing agencies and
				  examinations that meet nationally accepted standards for each certificate
				  offered. For information on approved testing agencies and examinations contact
				  the department's Virginia Building Code Academy Office, 600 East Main Street,
				  Suite 300, Richmond, VA 23219, telephone (804) 371-7180.
Statutory Authority: §
											36-137
					 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-41 - Certification categories and training requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department maintains a list of all
				certificates offered and the list sets out the training required to be
				completed to obtain each certificate. Alternatives to the training requirements
				set out in
				13VAC5-21-45
				shall be considered for all certificates offered except that no alternative
				shall be accepted for the code academy core module.
B. Applicants for certificates shall attend
				and complete the code academy core module. After the completion of the core
				module, applicants are required to attend and complete the code academy
				training as set out in a list maintained by the department, except as provided
				for in
				13VAC5-21-45.
				All required training must have been completed within no more than four years
				prior to the date the application is submitted. The requirements for training
				are based on those in effect at the time of application.
Statutory Authority: §
											36-137
					 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-45 - Alternatives to training requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Upon written request, alternative training or a combination
				  of training, education or experience to satisfy the training requirements of
				  13VAC5-21-41
				  may be approved, provided that such alternatives or combinations are determined
				  to be equivalent to that required. However, as provided in
				  13VAC5-21-41,
				  no substitutions shall be approved for the code academy core module. The types
				  of combinations of education and experience may include military training,
				  college classes, technical schools or long-term work experiences, except that
				  long-term work experiences shall not be approved as the sole substitute to
				  satisfy the training requirements. BCAAC may be consulted in any such
				  consideration.
Statutory Authority: §
											36-137
					 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-51 - Issuance and maintenance of certificates

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certificates will be issued when an
				applicant has complied with the current applicable requirements of this
				chapter. Certificates will be classified as active or inactive. An inactive
				certificate will be considered out of compliance and a noncompliance notice
				will be issued to the certificate holder. In such cases, notification shall
				also be provided to the locality or company employing the certificate holder.
				Exceptions to the issuance of a noncompliance notice may be considered where
				there is a separation from employment by medical or military leave for 12
				consecutive months or more during the continuing education period. An inactive
				certificate may be reinstated as an active certificate after completing makeup
				training courses designed by the department.
B. All certificates issued since June 1978
				are valid unless revoked or suspended, except that provisional certificates
				shall remain valid as set out under subsection C of this section.
C. A provisional certificate may be issued to
				(i) a person who has been directed by the department to obtain a certificate;
				(ii) an applicant requesting a certificate under the alternative training
				provisions of
				13VAC5-21-45;
				(iii) an applicant when the required training has not been provided or offered;
				(iv) an inactive certificate holder when the issuance of a provisional
				certificate is determined to be warranted by the department; or (v) a person
				who, due to extenuating and warranting circumstances either on behalf of the
				code academy or beyond the person's control, has not fully complied with the
				eligibility requirements of training and competency established herein.
Such a provisional certificate may be issued when the
				  applicant or person has satisfactorily completed the code academy core module,
				  and completed any training through the code academy or through other providers
				  determined to warrant the issuance of the provisional certificate.
The provisional certificate is valid for a period of one year
				  after the date of issuance and shall only be issued once to any individual,
				  except that a provisional certificate shall remain valid when the required
				  training has not been provided or offered.
D. All certificate holders shall attend
				periodic maintenance training as designated by the department and shall attend
				16 hours of continuing education every two years as approved by the department.
				If a certificate holder possesses more than one certificate, the 16 hours shall
				satisfy the continuing education requirement for all certificates.
Statutory Authority: §
											36-137
					 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-61 - Board sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
When the BHCD determines a certificate holder has failed to
				  (i) comply with an order issued by the State Review Board, (ii) meet the
				  required training or testing requirements, or (iii) attend periodic maintenance
				  training or continuing education, or both, a warning letter may be issued to
				  the certificate holder or a certificate may be revoked or suspended by the
				  BHCD. A record of any action taken pursuant to this section shall be
				  permanently retained in the training record of the certificate
				  holder.
Statutory Authority: §
											36-137
					 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 21 - VIRGINIA CERTIFIACTION STATNDARDS › Section 13VAC5-21-70 - Appeal

Current through Register Vol. 40, No. 24, July 15, 2024
Decisions of the BHCD regarding an applicant for a
				  certificate or a certificate holder shall be final unless appealed.
Actions under this regulation are governed by the Virginia
				  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia)
				  and are subject to judicial review in accordance with that
				  law.
Statutory Authority
§ 36-137 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 31 - VIRGINIA AMUSEMENT DEVICE REGULATIONS › Part I - General Provisions › Section 13VAC5-31-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
A. The purpose of
				  this chapter is to establish standards for the regulation, design,
				  construction, maintenance, operation, and inspection of amusement
				  devices.
B. The provisions of the
				  USBC, including but not limited to all administrative procedures shall apply in
				  the administration and enforcement of this chapter and to amusement devices to
				  the extent such provisions are not superseded by the provisions of this
				  chapter.
Statutory Authority
§ 36-98.3 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 31 - VIRGINIA AMUSEMENT DEVICE REGULATIONS › Part I - General Provisions › Section 13VAC5-31-30 - Devices covered and exempt

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following devices, identified by name
				  or description, when open to the public shall be considered amusement devices
				  subject to this chapter. The list is intended only to clarify questionable
				  devices, while the definition of an "amusement device" in
				  13VAC5-31-20 is generally used to
				  determine the applicability of this chapter.
1. Inflatable amusement devices;
2. Zip lines; and
3. Trampoline courts.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 31 - VIRGINIA AMUSEMENT DEVICE REGULATIONS › Part I - General Provisions › Section 13VAC5-31-40 - Incorporated standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following standards are hereby
				  incorporated by reference for use as part of this chapter:
1. American National Standards Institute
				  (ANSI) Standard B77.1-2017 for the regulation of passenger tramways;
				  and
2. American Society for Testing
				  and Materials (ASTM) Standard Nos. F747-21a, F770-21a, F1159-16e1, F1193-18a,
				  F1957-99 (2017), F2007-18, F2137-19, F2291-21, F2374-21a, F2375-09 (2017),
				  F2376-21a, F2460-19, F2461-20a, F2959-21, F2960-16, F2970-20, F2974-20, and
				  F3054-18 for the regulation of amusement devices.
The standards referenced in this subsection may be procured
					 from:
ANSI25
W 43rd Street
New York, NY 10036
ASTM
100 Barr Harbor Dr.
West Conshohocken, PA 19428-2959
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 31 - VIRGINIA AMUSEMENT DEVICE REGULATIONS › Part I - General Provisions › Section 13VAC5-31-50 - Certification of amusement device inspectors

Current through Register Vol. 40, No. 24, July 15, 2024
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 Standards (13VAC5-21).
Note: Continuing education and periodic training
					 requirements for DHCD certifications are set out in the Virginia Certification
					 Standards (13VAC5-21).
Statutory Authority: §
												36-98.3 of the
						Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 31 - VIRGINIA AMUSEMENT DEVICE REGULATIONS › Part I - General Provisions › Section 13VAC5-31-60 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
Appeals from the local building department concerning the
					 application of this chapter shall be made to the local board of building code
					 appeals established by the USBC. Application for appeal shall be filed with the
					 local building department within 14 calendar days after receipt of the decision
					 of the local building department. The board of appeals shall hear the appeal
					 within seven calendar days after the application for appeal is filed. After
					 final determination by the board, any person who was a party to the appeal may
					 appeal to the State Building Code Technical Review Board, established under
					 § 36-108 of the Code of Virginia, within 14 calendar days of receipt of
					 the decision to be appealed. Such appeal shall be in accordance with the
					 procedures established in the USBC, under the authority granted by §
					 36-98.3 of the Code of Virginia where the provisions of Chapter 6 (§ 36-97
					 et seq.) of Title 36 of the Code of Virginia and the USBC apply to amusement
					 devices.
NOTE: Because of the short time frames normally associated
					 with amusement device operations, DHCD staff will be available to assist in
					 finding a timely resolution to disagreements between owners or operators and
					 the local building department upon request by either party.
Statutory Authority: § 36-98.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 31 - VIRGINIA AMUSEMENT DEVICE REGULATIONS › Part II - Enforcement, Permits and Certificates of Inspection › Section 13VAC5-31-75 - Local building department

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance with §§
										36-98.3 and
				  36-105
				  of the Code of Virginia, the local building department shall be responsible for
				  the enforcement of this chapter and may charge fees for such enforcement
				  activity. The total amount charged for any one permit to operate an amusement
				  device or devices or the renewal of such permit shall not exceed the following,
				  except that when a private inspector is used by the owner or operator of the
				  device, the fees shall be reduced by 75%:
1.$55 for each small mechanical ride or
				  inflatable amusement device covered by the permit;
2.$75 for each circular ride, institutional
				  trampoline, or flat-ride less than 20 feet in height covered by the permit;,
				  except concession go-karts. Concession go-kart fees shall not exceed $300 per
				  track, for tracks with up to 20 karts. An additional fee of up to $10 may be
				  charged for each additional kart in excess of 20;
3.$100 for each spectacular ride covered by
				  the permit that cannot be inspected as a circular ride or flat-ride in
				  subdivision 2 of this subsection due to complexity or height;, except zip
				  lines. Zip line fees shall not exceed $150 for each zip line. For the purposes
				  of this section, each portion from launch point to landing point shall be
				  considered a separate zip line and each zip line between a launch point and
				  landing point shall also be considered a separate zip line;
4. $200 for each coaster covered by the
				  permit that exceeds 30 feet in height;
5.$400 for each coaster covered by the permit
				  that exceeds 60 feet in height; and
6. The local building department may charge
				  an additional fee for permits and inspections of generators and associated
				  wiring for amusement device events. Generators subject to these fees are those
				  used exclusively with amusement devices and that are inspected by the local
				  building department. The fee per event shall not exceed $165 and shall not
				  exceed the actual cost to perform the inspection or inspections. Exception:
				  Small portable generators serving only cord and plug connected equipment loads
				  are not subject to the fee. Notwithstanding the fee limitations established in
				  this section, the local building department shall be permitted to increase the
				  fees up to 50% when requested to perform weekend or after-hour inspections. The
				  local building department shall also be permitted to increase fees up to 50%
				  when a reinspection is required.
Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 31 - VIRGINIA AMUSEMENT DEVICE REGULATIONS › Part II - Enforcement, Permits and Certificates of Inspection › Section 13VAC5-31-85 - Accidents involving serious injury or death

Current through Register Vol. 40, No. 24, July 15, 2024
A. If an accident involving the serious
				  injury or death of a patron occurs, the operation of an amusement device shall
				  cease and the local building department and DHCD shall be notified as soon as
				  practicable, but in no case later than during the next working day. The
				  operation of the device shall not resume until inspected by a private inspector
				  or an inspector from the local building department, except where the owner or
				  operator determines the cause was not related to malfunction or improper
				  operation of the amusement device.
B. The owner or operator shall conduct an
				  investigation of the accident including, at a minimum, an examination of the
				  accident scene and interviews of any witnesses or persons involved in the
				  accident. An accident investigation report shall be compiled which, at a
				  minimum, shall contain a summary of the investigation and a description of the
				  device involved, including its serial number and date of manufacture, if
				  available. The report shall be submitted to the local building department
				  within 24 hours of the accident except that if the local building department is
				  closed during that period, then the report shall be submitted with four hours
				  of the reopening of the department.
C. Local building department personnel are
				  authorized to investigate the accident and to issue an order to cease operation
				  when warranted and to specify the conditions under which the device may resume
				  operation. The amusement device shall be inspected prior to resuming operation
				  either by an inspector from the local building department or by a private
				  inspector and found to comply with this chapter.
Statutory Authority
§ 36-98.3 of the Code of
						Virginia.