reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Bureau. -- The
				West Virginia Bureau for Public Health.
3.2. Commissioner. -- The Commissioner of the
				Bureau for Public Health.
3.3.
				Elevated Blood Lead Level. -- A concentration of lead in the blood stream as
				defined in U.S. Department of Health and Human Services, Centers for Disease
				Control and Prevention Advisory Committee on Childhood Lead Poisoning
				Prevention,
Low Level Lead Exposure Harms Children: A Renewed Call for
				Primary Prevention
(2012).
3.4. Health Care Provider. -- A physician, or
				his or her designee, at any medical facility, including but not limited to,
				private clinics, health departments, and hospitals.
3.5. Laboratory. -- A facility or place,
				however, named, for the biological, microbiological, serological, chemical,
				immuno-hematological, hematological, biophysical, cytological, pathological, or
				other examination of materials derived from the human body for the purpose of
				providing information for the diagnosis, prevention or treatment of any disease
				or impairment of, or the assessment of the health of human beings and is
				participating in the CDC blood lead laboratory proficiency program.
3.6. Screening. -- The assessment of a
				child's environment and social conditions to determine risk for lead
				poisoning.
3.7. Screening test. --
				A procedure using a blood sample to detect lead poisoning levels.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-4 - Protocol for Screening of Children

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. West Virginia health care providers
				shall conduct a screening test on all children before the age of six years for
				risk of elevated blood lead levels in accordance with the recommendations
				contained in: U.S. Department of Health and Human Services, Centers for Disease
				Control and Prevention Advisory Committee on Childhood Lead Poisoning
				Prevention,
Low Level Lead Exposure Harms Children: A Renewed Call for
				Primary Prevention
(2012); Council on Environmental Health,
Prevention of Childhood Lead Toxicity
, Pediatrics, 138(a),
				e20161493 (2016).
4.1.1. All children shall
				receive a screening test at one year and again at two years of age, and
				children 36 to 72 months of age if they have not been screened previously;
				and
4.1.2. The screening tests
				shall be recorded in each child's medical record at the health care provider's
				office. The Office of Maternal, Child and Family Health shall ensure laboratory
				results received are incorporated in the Immunization Registry within the Lead
				Module provided by the Bureau for Public Health for health care provider
				reference. This information shall include the date of screening test, the
				child's address, the location where the screening test was conducted, which
				screening test was used, and the physician's name.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-5 - Follow-up Testing and Information

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In addition to the follow-up testing
				prescribed in W. Va. Code §
									16-35-4a,
				when a child's results are confirmed as an elevated blood lead level, the
				Bureau for Public Health shall advise pregnant women residing at the same
				address of the need to be tested as soon as possible.
5.2. The health care provider shall provide
				all information concerning a child's blood-lead level to the legal parent or
				guardian and other agencies involved in lead poisoning testing.
5.3. The Bureau shall refer children with
				elevated blood-lead levels to the following services:
5.3.1. Children with confirmed blood lead
				levels of greater than or equal to five micrograms per deciliter shall be
				referred to appropriate programs based on age and concern offered by the Office
				of Maternal, Child and Family Health in the Bureau, within 10 days of
				confirmation;
5.3.2. Children with
				two consecutive blood lead levels of greater than or equal to eight micrograms
				per deciliter shall be referred to the Bureau for an environmental
				investigation of the home to identify potential sources of lead within two days
				of confirmation; and
5.3.3. All
				children with elevated blood lead levels of greater than or equal to five
				micrograms per deciliter shall have a follow-up blood lead level screening test
				within three months as set forth in the U.S. Department of Health and Human
				Services, Centers for Disease Control and Prevention,
Recommended
				Actions Based on Blood Lead Level
(2018); Council on Environmental
				Health,
Prevention of Childhood Lead Toxicity
, Pediatrics,
				138(1), e20161493 (2016); and American Academy of Pediatrics,
Prevention of Childhood Lead Toxicity
, Pediatrics, 145(6)
				(2020).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-6 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The Bureau shall review this program at least every three years and make
				available to all interested parties a summary of the quarterly testing results,
				beginning in July of the effective year of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-7 - Samples Submitted to a Laboratory

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The health care provider shall submit
				all blood samples to a laboratory for analysis. Capillary blood samples may be
				analyzed using an approved Clinical Laboratory Improvement Amendments waived
				lead testing point of care system.
7.2. When submitting blood samples, the
				health care provider shall include a laboratory requisition obtained from the
				Bureau that contains the child's name, address, the county of residence, the
				name and address of the physician who completed the screening test, and other
				information requested on the form.
7.3. Laboratories processing blood lead
				samples for analysis shall electronically submit all required data to the
				Bureau within seven working days of analysis, or sooner if available in
				accordance with 64CSR7.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-8 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Records
				received and information assembled by the Bureau are confidential medical
				records and shall not be disclosed except as permitted by law.
8.2. Reports published using statistical
				compilations relating to childhood lead poisoning may not in any manner
				identify individual patients, individual addresses, or individual enforcement
				action, or be reported for such small geographic areas or other categories with
				few entries that a person could, with other publicly available information,
				reasonably be able to identify the patients.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-9 - Enforcement Action

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				Commissioner may investigate all suspected violations of this rule or of W. Va.
				Code §§
									16-35-1
et seq
., and upon the finding of a violation in connection
				with this rule, the Commissioner shall initiate appropriate enforcement
				action.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-10 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person
				who violates the provisions of W. Va. Code §
									16-35-4a
				or this rule is subject to the penalties provided in W. Va. Code §
									16-1-17
				and §
									16-35-13.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-11 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Those
				individuals adversely affected by the enforcement of this rule desiring a
				contested case hearing to determine any rights, duties, interests, or
				privileges shall do so in a manner prescribed in the Rules and Procedures for
				Contested Case Hearing and Declaratory Ruling, 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the minimum requirements for the design,
				construction, management, and operation of food manufacturing
				facilities.
1.2. Authority. -- W.
				Va. Code §
									16-1-4
				and §
									16-7-1.
1.3. Filing Date. -- April 4, 2022.
1.4. Effective Date. -- May 31,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on upon August 1,
				2027.
1.6. Applicability. -- This
				rule applies to the owners and operators of food manufacturing facilities
				engaged in wholesale operations. Food manufacturing facilities under the
				jurisdiction of the West Virginia Department of Agriculture are not subject to
				this rule.
1.7. Enforcement. --
				This rule is enforced by the commissioner of the bureau for public
				health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-3 - Incorporation by Reference of the Federal Code of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following portions of Title 21 of
				the Code of Federal Regulations, as amended October 6, 2021, are incorporated
				by reference:
3.1.1.21 CFR 117, current good
				manufacturing practice, hazard analysis, and risk based preventive controls for
				human food with the following exceptions:
3.1.1.a.
											21
				CFR 117.5;
3.1.1.b.
											21
				CFR 117.7;
3.1.1.c.
											21
				CFR 117.8; and
3.1.1.d.21 CFR 117, Subparts C and G shall
				not apply to facilities defined as a very small business, which shall comply
				with the requirements set forth in 21 CFR 117, Subpart D.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-4 - General Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Whenever a food manufacturing facility is constructed or altered and whenever
				an existing structure is converted to a food manufacturing facility, plans and
				specifications for such construction, altering, or conversion shall be
				submitted to the commissioner for review and approval at least 45 days prior to
				the date the person intends to engage in business.
4.2. Facilities shall not begin
				manufacturing, processing, or packing food for human consumption until the
				facility has obtained or completed:
4.2.1. A
				permit to operate from the commissioner, as required in section 5 of this
				rule;
4.2.2. Label approval for all
				products from the West Virginia Department of Agriculture, and which complies
				with food labelling requirements of 21 CFR 101 for products sold in interstate
				commerce; and
4.2.3. Registration
				with the FDA under the Public Health Security and Bio-Terrorism and
				Preparedness and Response Act of 2002. Exemptions shall be determined by the
				FDA.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-5 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person
				shall operate a food manufacturing facility within the State of West Virginia
				who does not possess a valid permit issued by the commissioner.
5.2. An application for a permit to operate a
				food manufacturing facility shall be made in writing to the commissioner on a
				form prescribed by the commissioner.
5.3. A person shall apply for a permit at
				least 15 days before the date that the current permit expires or within 45 days
				of the date before the actual or proposed operation of the facility is to be
				affected.
5.4. Permits shall not be
				transferable and shall become invalid upon a change of ownership.
5.5. A permit to operate expires at midnight
				on the 30th day of June following the date of
				issuance.
5.6. The commissioner
				may, without warning, notice, or hearing suspend a permit to operate a food
				manufacturing facility if the permit holder:
5.6.1. Does not comply with the requirements
				of this rule or if the operation of the food manufacturing facility constitutes
				an imminent public health hazard; or
5.6.2. The permit holder has been determined
				by the commissioner to have obstructed or hindered the commissioner in the
				proper discharge of his or her duties.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
The commissioner shall conduct one or more preproduction
				  inspections to verify that a food manufacturing facility is constructed and
				  equipped in accordance with the plans and modifications as approved by the
				  commissioner and shall otherwise conduct as many inspections as necessary to
				  assure compliance with this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-7 - Implementation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Food
				manufacturing facilities in operation at the time this rule becomes effective,
				and meet Section 3 of this rule, are considered eligible for a permit to
				operate provided that any construction done after the effective date of this
				rule is in compliance with this rule.
7.2. New or extensively remodeled food
				manufacturing facilities whose plans and specifications received written
				approval from the commissioner prior to the effective date of this rule are
				eligible for a permit to operate provided that the construction or remodeling
				is in compliance with the approved plans.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-8 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
All facilities governed by this rule are subject to the
				  appropriate fees established by 64CSR51.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-9 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person adversely affected by the enforcement of this rule
				  desiring a contested case hearing to determine any rights, duties, interests,
				  or privileges shall do so in the manner prescribed in 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-43 - Food Manufacturing Facilities › Section 64-43-10 - Penalty for Violating Provisions of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person violating the provisions of this rule or orders
				  pursuant to this rule is subject to the penalties provided in W. Va. Code
				  §
									16-1-18
				  and §
									16-7-4.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.  Scope. - This
				legislative rule establishes procedures and standards for the licensure and
				training of persons who engage in activities related to lead abatement and for
				the operation of lead abatement projects. This rule should be read in
				conjunction with the definitions and provisions of W. Va. Code §
									16-35-1
et seq.
(Lead Abatement).
1.2. Authority -- W. Va. Code §
									16-1-4
				and §
									16-35-4.
1.3. Filing Date. -- April 30,
				2021.
1.4. Effective Date. -- July
				1, 2021.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2026.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Applications. -- This rule applies to persons who conduct lead abatement
				projects in target housing or child-occupied facilities, and requires licensure
				of lead contractors, inspectors, risk assessors, workers, supervisors, and
				designers.
2.2. Enforcement. --
				This rule shall be enforced by the commissioner of the West Virginia bureau for
				public health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Abatement. --
				Any measure or set of measures designed to permanently eliminate lead-based
				paint hazards. Abatement includes, but is not limited to;
3.1.a. The removal of lead-based paint and
				lead-contaminated dust, the permanent containment or encapsulation of
				lead-based paint, the replacement of lead-painted surfaces or fixtures, and the
				removal or covering of lead-contaminated soil;
3.1.b. All preparation, cleanup, disposal,
				and post-abatement clearance testing activities associated with such
				measures;
3.1.c. Projects for which
				there is a written contract to permanently eliminate lead-based paint hazards
				from a dwelling unit or child-occupied building;
3.1.d. Projects involving the permanent
				elimination of lead-based paint or lead contaminated soil;
3.1.e. Projects involving the permanent
				elimination of lead-based paint hazards or lead contaminated soil that are
				conducted by persons who advertise or hold themselves out to conduct lead
				related activities; and
3.1.f.
				Projects involving the permanent elimination of lead-based paint hazards that
				are conducted in response to federal, state, or local abatement
				orders.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-5 - Licensed Lead Abatement Contractor Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A licensed lead abatement contractor
				shall;
5.1.a. Ensure that each contractors'
				employees or agents who will come into contact with lead or who will be
				responsible for a lead abatement project is properly licensed;
5.1.b. Ensure that each lead abatement
				project is supervised by an on-site licensed lead supervisor;
5.1.c. Notify the division and all other
				entities as may be required by state or federal law at least 10 days prior to
				the commencement of each lead abatement project. Notification to the division
				shall be by certified mail or by hand-delivery to the division;
5.1.d. Ensure that a lead abatement project
				is designed by a licensed lead abatement designer;
5.1.e. Ensure that each lead abatement
				project meets the minimum clearance standards as set forth in section 11 of
				this rule;
5.1.f. Ensure proper
				disposal of lead contaminated waste in accordance with applicable federal,
				state, and local laws, rules, and regulations;
5.1.g. Keep a record of each lead abatement
				project. The records shall include;
5.1.g.1.
				The name, address and lead abatement license number of the individual who
				supervised the lead abatement project and of each employee or agent who worked
				on the project;
5.1.g.2. The
				location and a description of the lead abatement project and the amount of lead
				material that was removed;
5.1.g.3.
				The starting and completion dates of each lead abatement project and a summary
				of the procedures that were used to comply with all federal and state
				standards;
5.1.g.4. The name and
				address of each disposal site where waste containing lead was deposited and the
				disposal site receipts. Contractors shall use disposal sites which are in
				conformance with applicable federal, state, and local laws and regulations;
				and
5.1.g.5. The clearance sample
				results or air monitoring results required by section 11 of this rule for each
				lead abatement project. The records shall include;
5.1.g.5.A. The name and signature of the lead
				inspector who collected the clearance samples;
5.1.g.5.B. Where the samples were
				collected;
5.1.g.5.C. The date of
				collection;
5.1.g.5.D. The name and
				address of all laboratories analyzing the samples;
5.1.g.5.E. The date of analysis;
5.1.g.5.F. The results of analysis;
5.1.g.5.G. The method of analysis;
5.1.g.5.H. The name and signature of the
				person performing the analysis; and
5.1.g.5.I. Certification that the laboratory
				is EPA certified to analyze lead samples.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-6 - Lead Inspector Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A licensed
				lead inspector shall;
6.1.a. Thoroughly
				inspect interior and exterior surfaces suspected of containing lead that may be
				affected by renovation or demolition, and sample the materials for lead content
				or confirm lead content with an XRF analyzer.
6.1.b. Generate a written report that at a
				minimum;
6.1.b.1. Identifies by narrative any
				sampling location where the presence of lead containing material has been
				confirmed;
6.1.b.2. Details the
				location and amount of all materials that contain lead;
6.1.b.3. Lists analysis, XRF results, or both
				for all samples;
6.1.b.4. Includes
				drawings and narrative descriptions of locations of samples and/or XRF
				readings; and
6.1.b.5. Includes a
				statement that the inspection is not a risk assessment.
6.1.c. Adequately sample each area or room of
				an abatement project for clearance to verify that dust, soil and waste material
				lead levels are below the contamination standards as defined in sections 3.6,
				3.7 and 3.8 of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-7 - Lead Abatement Designer Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				licensed lead abatement designer shall generate a written report that provides;
7.1.a. A chronological time frame for each
				facet of the abatement activity;
7.1.b. The name and address of the building
				or structure where the lead abatement project is to occur;
7.1.c. The name, address, phone number, and
				lead abatement training certificates and licenses for the project
				designer;
7.1.d. A schematic floor
				plan showing the lead abatement project area, including a description of the
				characteristics of the material;
7.1.e. A statement identifying the abatement
				activity as repair, removal, encapsulation, or enclosure;
7.1.f. A schematic floor plan of the project
				area which shows the physical dimensions, entrance, exit, windows,
				decontamination unit, load-out area, emergency exits, placement of the HEPA
				exhaust air filtration units, if applicable, and any measuring devices, warning
				signs, and barrier tape;
7.1.g. The
				sampling protocol for project clearance for re-occupancy, including the number
				of samples, collection points and the analytical method to be
				employed;
7.1.h. A schematic of the
				heating, ventilation and air-conditioning system shut-offs, electrical power,
				water source, fire exits, fire extinguisher, fire alarm, telephone, tool and
				equipment room, supply box, project field office, bathrooms and decontamination
				area;
7.1.i. A description of the
				work procedures to be used;
7.1.j.
				A description of the materials and tools to be used in the abatement project;
				and
7.1.k. An occupant protection
				plan in accordance with subsection 16.1 and 16.4 of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-8 - Lead Risk Assessor Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				licensed lead abatement risk assessor shall generate a written risk assessment
				report that provides;
8.1.a. Background
				information regarding the age, condition and physical characteristics of the
				structure and residential use padems;
8.1.b. A schematic site plan showing each
				room within the structure, its use and the location and condition of lead-based
				paint;
8.1.c. A copy of any
				previous test results or inspections regarding lead-based paint or other
				assessments for lead hazards;
8.1.d. An assessment of the potential routes
				of lead exposure for occupants or lead abatement professionals, which is based
				upon adequate dust, water, soil, and paint chip sampling; and
8.1.e. A detailed description of recommended
				control strategies for reducing lead-based paint hazards and justification for
				the strategy selected, the locations where the recommended actions should take
				place, and a suggested prioritization for taking each action based on the
				degree of the hazard.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-9 - Prohibited Lead Abatement Project Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The following lead abatement project
				methods are prohibited;
9.1.a. The use of
				open flame burning, torching, fossil fuel-powered heat plates, welding, cutting
				torches, and heat guns operating at temperatures greater than 1,100 degrees F
				as a means of lead-based paint removal;
9.1.b. Uncontained machine sanding or
				grinding;
9.1.c. Uncontained
				hydro-blasting and high-pressure water washing;
9.1.d. Uncontained abrasive blasting or
				sandblasting;
9.1.e. Chemical paint
				removers that contain methylene chloride; and
9.1.f. Dry scraping lead-based paint, except
				for areas around electrical outlets.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-10 - Recommended Lead Abatement Project Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				following lead abatement project methods are recommended:
10.1.a. Electric-powered flameless heat guns
				operating below 1,100 degrees F, provided that proper respiratory protection is
				used;
10.1.b. Mechanical HEPA
				sanding, HEPA vacuum blasting and HEPA vacuuming needle guns;
10.1.c. Wet scraping, provided that no
				electrical hazards are present while doing so;
10.1.d. The removal of building components to
				be stripped of lead-based paint off site;
Provided,
That dust
				generation during the removal and transportation of the building components is
				kept to a minimum;
10.1.e. Chemical
				removal methods which do not contain methylene chloride;
Provided,
That product material safety data sheet
				recommendations for safety, and OSHA regulations are implemented;
10.1.f. The enclosure of building components
				that contain lead-based paint, provided that the enclosure material becomes a
				permanent part of the building structure and is properly sealed to ensure that
				lead dust is permanently contained;
10.1.g. Encapsulation of lead-based paint,
				provided that the encapsulating material becomes a permanent part of the
				building component and will be guaranteed by the lead abatement company and
				manufacturer from defect for a minimum of 20 years; and
10.1.h. Total removal of lead-contaminated
				soil or the covering of lead-contaminated areas with a suitable material that
				will limit exposure. For purposes of this subdivision, suitable material
				includes but is not limited to stone, pavement, gravel, or vegetative
				cover.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-11 - Lead Abatement Project Clearance Levels and Minimum Sampling

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A licensed lead inspector shall conduct
				a visual inspection at the conclusion of a lead abatement project and collect
				samples as set forth in Table D of this rule.
11.2. A lead abatement project shall be ready
				for occupation when the following clearance levels of lead are obtained;
11.2.a. Below 10 micrograms of lead per
				square foot for interior floors or other horizontal surfaces;
11.2.b. Below 100 micrograms of lead per
				square foot for interior window sills;
11.2.c. Below 100 micrograms of lead per
				square foot for window troughs and exterior concrete or other rough
				surfaces;
11.2.d. Below 400 parts
				per million for bare soil areas that are child play areas;
11.2.e. Below 1200 parts per million for
				residential bare soil areas; and
11.2.f. A total characteristic leachate
				procedure (TCLP) below five parts per million lead toxicity for discarded
				building materials.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-12 - Exemption from Notification and Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
Exemption from notification and licensure is as provided in
				  W. Va. Code § 6-35-7.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-13 - Notification of Elevated Blood Lead Levels

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person, contractor or laboratory shall notify the
				  commissioner of any medically confirmed elevated blood-lead levels within 36
				  hours of discovery.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-14 - Notification of Lead Abatement Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
Each owner or other person responsible for the operation of a
				  building, facility, residence or structure where a lead abatement project is to
				  occur shall notify the division 10 days prior to commencement of the project
				  and pay the notification fee set forth in Table B of this
				  rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-15 - Accreditation or Reaccreditation of Lead Abatement Initial or Refresher Training Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Applicants for accreditation or reaccreditation as lead abatement training
				providers shall submit the following:
15.1.a.
				The name, address, and telephone number of the lead training
				provider;
15.1.b. A full
				description of the course curriculum;
15.1.c. A list of instructors, their resumes,
				and qualifications;
15.1.d. A copy
				of the course examination;
15.1.e.
				The annual lead training course accreditation fee set forth in Table C of this
				rule;
15.1.f. Any additional
				information required by W. Va. Code §
										16-35-10;
				and
15.1.g. Any and all
				applications or certifications required by the commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-16 - Applicable Federal Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
All individuals licensed under this rule shall comply with
				  the following applicable federal standards, which are hereby incorporated in
				  this rule by reference;
16.1. EPA;
				Lead; Requirements for Lead-Based Paint Activities in Target Housing and
				Child-Occupied Facilities; Final Rule. 40 CFRPart 745.227. (July 9,
				2019).
16.2. OSHA; Lead Exposure in
				Construction; Interim Final Rule.
				29 CFR
				1926.62 (May 14, 2019); and
16.3. HUD; Guidelines for the Evaluation and
				Control of Lead-Based Paint Hazards in Housing (July 2012).
16.4. EPA; Lead; Requirements for Lead-Based
				Paint Activities in Target Housing and Child-Occupied Facilities; Final Rule.
				40 CFRPart 745.225 (b),(c),(d),(e),(f),(g),(h),(i).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-17 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The
				commissioner may, depending upon the severity of the violation and upon the
				degree of health hazard created, suspend or revoke the license of a contractor,
				inspector, designer, risk assessor, supervisor, or worker if the licensee;
17.1.a. Fraudulently or deceptively obtains
				or attempts to obtain a license;
17.1.b. Fails at any time to meet the
				qualifications for license or to comply with the requirements of W. Va. Code
				§
										16-35-1
et seq.
or this rule;
17.1.c. Knowingly falsifies or attempts to
				falsify documents related to a lead abatement project or license;
17.1.d. Fails to meet the applicable federal
				or state standard for lead abatement; or
17.1.e. Fails to remit an assessed civil
				penalty or fine.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Section 64-45-18 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those individuals adversely affected by the enforcement of
				  this rule desiring a contested case hearing to determine any rights, duties,
				  interests or privileges shall do so in a manner prescribed in the bureau for
				  public health's rule, Rules and Procedures for Contested Case Hearings and
				  Declaratory Rulings, 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Table 64-45 A

Current through Register Vol. XLI, No. 28, July 12, 2024
LICENSE FEES
Type of License
Fee
Worker
$50.00
Supervisor
$100.00
Inspector
$100.00
Risk Assessor
$100.00
Project Designer
$100.00
Contractor
$300.00
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-45 - Lead Abatement Licensing › Table 64-45 C

Current through Register Vol. XLI, No. 28, July 12, 2024
ACCREDITATION FEES FOR LEAD TRAINING
								PROVIDERS
Initial Accreditation
$1,000.00 per Discipline
(max. $3,000.00)
Annual Reaccreditation
$500.00 per Discipline
(max. $1,500.00)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the design standards for the installation of water
				wells, pumps and pumping equipment to protect public health and groundwater
				aquifers from contamination and pollution.
1.2. Authority. -- W. Va. Code §§
									16-1-4,
				16-1-6(n),
				16-1-9
				and
				16-1-9a.
1.3. Filing Date. -- April 2, 2008.
1.4. Effective Date. -- April 2,
				2008.
1.5. Repeal of Former Rule --
				This rule repeals and replaces West Virginia Department of Health's
				Interpretive Rule, Water Well Design Standards, 64CSR46, 1984.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				applies to all water wells, pumps and pumping equipment installations other
				than those used to supply public water systems. Water wells for public water
				systems shall be installed, altered, and deepened in accordance with the
				Department's rule, Public Water System Design Standards, 64CSR 77.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Abandoned
				water well. -- A water well that is no longer in use or is declared to be
				abandoned by the owner. A water well is also abandoned if the Commissioner has
				determined that the well presents a threat to groundwater or public
				health.
3.2. Abandonment of a water
				well. -- The act of properly sealing a water well in accordance with applicable
				standards.
3.3.ANSI. -- American
				National Standards Institute. ANSI creates standards for many water well
				applications, especially materials and equipment.
3.4. Annular Space. -- The space between a
				borehole wall and a permanent casing or between a temporary casing and a
				permanent casing or both.
3.5. API.
				-- American Petroleum Institute. API has specifications for steel
				casing.
3.6. Aquifer. -- A
				geological formation, group of formations, or part of a formation that yields
				ground water to a well.
3.7.
				ASHRAE. -- American Society of Heating, Refrigeration and Air - Conditioning
				Engineers. ASHRAE applications mainly relate to geothermal systems.
3.8. ASTM. -- American Society for Testing
				Materials. ASTM develops standards nationally and internationally for a wide
				array of materials and processes.
3.9. AWWA. -- American Water Works
				Association. AWWA is a non-profit scientific and educational society dedicated
				to the improvement of drinking water quality and supply.
3.10. Barnyard. -- A fenced area for animals,
				which generally adjoins the barn on a farm. It applies to traffic alleys,
				holding pens, convalescent pens, maternity pens, calf pens and confined
				exercise yards.
3.11. Bedrock. --
				Solid rock exposed at the surface or overlain by unconsolidated
				materials.
3.12. Bentonite. -- A
				plastic, colloidal clay derived from volcanic ash consisting of at least 85%
				montmorillonite, with an ability to absorb fresh water and swell in volume.
3.12.a. Bentonite granules. -- Commercially
				manufactured pure bentonite, without additives, with a diameter of 3/8 inch or
				less.
3.12.b. Bentonite pellets. --
				Commercially manufactured tablets made by compressing pure bentonite, without
				additives, into forms with a diameter ranging from 1/4 to 1/2 of an
				inch.
3.12.c. Bentonite chips. --
				Commercially processed angular fragments of pure bentonite, without additives.
				Size ranges from 3/8 to 3/4 of an inch.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-4 - Location

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A water well
				shall be located at least ten (10) feet from a property line to allow access
				without encroaching on property owned by others.
4.2. A water well shall be located as far as
				possible from any existing or potential sources of contamination in accordance
				with the following:
4.2.a. The required
				minimum horizontal distance between a water well, other than a well serving a
				public water system, and a source or potential source of pollution or
				contamination is shown in Table 64-46 A of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-5 - Materials

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Water well
				casing shall be sized to allow for installation of equipment for producing
				water that is adequate for the intended use and to allow for the installation
				and the maintenance of the well, pumps and related pumping equipment. In casing
				selection, certified well drillers should give consideration to forces imposed
				during installation and other forces that can be expected after installation
				and the corrosiveness of the water with which it comes in contact.
5.1.a. Steel casing shall be new, meeting
				AWWA Standard A-100, ASTM, or API specifications for water well construction,
				with a minimum wall thickness of 0.188 inches if the nominal pipe size is up to
				ten (10) inches and have a minimum wall thickness of 375 inches if the nominal
				pipe size is greater than ten (10) through twenty (20) inches:
5.1.a.1. Steel casing shall be joined by
				welds, threads, threaded couplings, or any combination thereof; and
5.1.a.2. When steel casing is driven, a
				standard drive shoe shall be welded or threaded on the lower end of the casing.
				The drive shoe shall have a beveled and tempered cutting edge of metal forged,
				cast or fabricated for this purpose.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-6 - Construction; general

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				minimum protected depths of drilled wells shall provide watertight construction
				to the depth required by the Commissioner to: exclude contamination; seal off
				formations that are, or may be, contaminated or yield undesirable water; and
				provide a minimum casing length as follows:
6.1.a. Nineteen (19) feet of casing in
				unconsolidated water bearing formations below ground level plus at least one
				(1) foot above finished grade, resulting in a total of twenty (20)
				feet;
6.1.b. Nineteen (19) feet of
				casing in bedrock wells with a minimum of five (5) feet of casing installed
				into unweathered bedrock below ground level, plus at least one (1) foot above
				finished grade resulting in a total of twenty (20) feet; or
6.1.c. The Commissioner may require other
				minimum casing depths in special circumstances.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-7 - Pump Installation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At
				all times during the pump installation, the certified pump installer or well
				driller or both shall provide protection to prevent tampering with the well or
				entrance of foreign materials. The approved well cap shall be re-installed
				immediately upon completion of the pump installation and prior to departure of
				the certified pump installer or well driller.
7.2. The pumping capacity of the pump
				installed in a well shall be consistent with the intended use of the ground
				water and with the yield characteristics of the well.
7.3. Submersible pumps shall have a minimum
				of two (2) check valves installed. Install a properly sized (based on discharge
				pipe diameter) check valve for the pump, plus one (1) on the outer casing on
				top of the well unless it interferes with the function of the system.
7.4. Jet pumps shall have a check valve
				installed on the discharge side of the pressure tank and all clamps used shall
				be stainless steel.
7.5. Piping for
				turbine pump installation:
7.5.a. steel column
				pipe for line shaft turbine pump wells shall be standard weight flanged or
				threaded steel pipe, or
7.5.b. a
				plastic column pipe may be used for turbine pump installation provided the pipe
				is designed and manufactured for that purpose.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-8 - Disinfection

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. New potable
				water wells and existing potable water wells being placed into service or that
				have been disrupted for service or repair, such as new pump installation or
				reinstallation of an existing pump shall be disinfected.
8.1.a. The following standard disinfection
				procedure shall be used:
8.1.a.1. Materials
				which may be used for disinfection are; calcium hypochlorite, sodium
				hypochlorite, or other materials approved by the Commissioner; and
8.1.a.2. Disinfectant shall be placed in the
				well in quantities that produce a minimum concentration of at least 50 mg/l or
				parts per million (ppm). The amount required to obtain this concentration shall
				depend on the casing diameter and the amount of water standing in the well. The
				solution shall remain in the well for a period of at least 12 hours.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-9 - Repair of Water Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				materials used in the replacement, alteration or repair of any water well shall
				meet or exceed the requirements for a new installation.
9.2. Repairs or retrofits or both to wells,
				with the top of the well casing terminating below ground shall include
				extending the well casing above land surface with like material coupled in
				accordance with section 5 of this rule.