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 64-17 - Food Establishments › Section 64-17-10 - Penalty for Violating Provisions of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
Violation of the provisions of this rule is a misdemeanor.
				  The commissioner may take enforcement actions for violation in accordance with
				  W. Va. Code §
									16-1-18, §
									16-6-23, and §
									16-6-24.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. B This
				rule establishes the minimum public health sanitation requirements governing
				all institutions and schools, care facilities, lodging facilities, recreational
				facilities, and public restrooms.
1.2. Authority. -- W. Va. Code
				16-1-4.
1.3. Filing Date. -- July 12, 2013.
1.4. Effective Date. -- August 12,
				2013.
1.5. Applicability. -- This
				rule applies to every person who in any manner establishes, conducts, controls,
				manages, maintains, or operates a facility included under the scope of this
				rule.
1.6. 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 64-18 - General Sanitation › Section 64-18-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Approved - A
				procedure of operation, installation or construction which is in accordance
				with the standards, specifications, and instructions established by the bureau
				for public health.
2.2. Bed and
				Breakfast Inn - An establishment providing lodging facilities in the form of
				sleeping accommodations and, at a minimum, a breakfast for a fee.
2.3. Campground - A tract of land
				established, maintained, and offered to the public for payment for the location
				or placement of two or more camping units.
2.4. Camping Unit - Any tent, camping
				vehicle, cabin, or similar vehicle or struc­ture designed or intended to
				be used for camping purposes.
2.4.a. A
				"camping unit" means and includes, but is not limited to, tents, tent campers,
				fold down campers, pop up campers, travel trailers, camping vans, motor homes,
				pick up coach campers, or any other unit built or mounted on a vehicle or
				chassis and capable of being self-propelled or towed.
2.4.b. A "camping unit" shall not include any
				unit kept by its owner on land occupied by the owner in connection with his or
				her dwelling, or any unoccupied camping unit kept and stored at a location that
				has been reserved for storage within a campground.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-3 - Plan Review, Permits, Hearings, Notices and Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Plan Review
3.1.a. Except as provided in paragraph
				3.1.a.1 of this section, whenever a facility governed under the scope of this
				rule is constructed or extensively remodeled and whenever an existing structure
				is converted to use as one of the facilities governed under this rule, the
				owner or operator shall submit plans and specifications for the construction,
				remodeling, or conversion to the health officer for review and approval at
				least forty-five (45) days before construction, remodeling, or conversion is
				begun.
3.1.a.1. This section does not apply
				to colleges and universities or to public restrooms unless the public restroom
				is included as part of a facility governed under this rule.
3.1.a.2. Once completed plans are received by
				the health officer, the health officer shall review the plans within a period
				of time not to exceed forty-five (45) days.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-4 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Except as
				specified in subdivisions 4.1.a and 4.1.b of this section, the health officer
				shall inspect a facility governed by this rule at least once a year.
4.1.a. Colleges and universities and public
				restrooms which are not part of a facility governed by this rule may be
				inspected on a complaint basis only.
4.1.b. Schools shall be inspected at least
				once every two years.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-5 - Animals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A facility
				falling within the scope of this rule may keep or house domestic animals or
				pets under conditions conducive to proper sanitation and good health.
5.2. No live reptiles shall be kept or housed
				unless a written plan is provided and implemented for proper sanitary handling
				and hand washing.
5.3. No wild,
				dangerous or obviously ill animals are to be kept or fed in an area that would
				endanger inhabitants or patrons of the facility.
5.4. No dogs, cats or other domestic animals
				shall be permitted to run at large.
5.5. If the facility has dogs or cats, they
				must be immunized by a licensed veterinarian for any disease which can be
				transmitted to humans and for which there is a vaccine.
5.6. Animal quarters shall be kept in a clean
				condition at all times and located and maintained so as not to create a
				nuisance.
5.7. All manure shall be
				removed and sanitarily disposed of at a frequency necessary to minimize
				objectionable odors or insect and rodent breeding.
5.8. Drainage from stables, pens, coops or
				other animal quarters shall be disposed of in a manner to prevent contamination
				of any source of potable water, groundwater, or surface water.
5.9. The maximum number of animals in any
				facility shall be limited to the number that can be adequately housed, fed, and
				maintained.
5.10. Live animals,
				including birds and turtles, shall be excluded from food preparation, storage,
				and serving areas and in in-use dining areas. This exclusion does not apply to
				edible fish, crustacea, shellfish, or to fish in aquariums.
5.10.a. Service animals may be permitted in
				dining areas.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-6 - Bedding and Sleeping Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				All rooms or areas used for bedding and sleeping shall be kept clean and
				sanitary, maintained in a safe condition and in good repair.
6.2. Floors in sleeping quarters shall be
				easily cleanable, in good repair and located to prevent ground and surface
				water entry.
6.3. Tents used as
				permanent sleeping quarters shall be placed on platforms or floors elevated at
				least one foot above the ground surface. Concrete pads may be used in lieu of
				platforms on floors.
6.4. Single
				occupancy sleeping areas shall contain a minimum of seventy (70) square feet of
				floor space per person.
6.5. In
				multiple occupancy rooms or areas used for a combination of eating, sleeping or
				cooking, a minimum of fifty (50) square feet of floor space is required per
				occupant.
6.5.a. Any state prison,
				correctional facility, work release center or other facility for the housing of
				criminal offenders or detainees governed by this section, upon any inspection
				required by this rule, the facility may request an exemption from this
				subsection regarding square footage if the following conditions are met:
6.5.a.1. There is a conflict between the
				minimum square footage requirements of this subsection and the minimum square
				footage requirements established by the current applicable standards of the
				American Correctional Association (the "Standards"); and
6.5.a.2. The facility desiring the exemption
				provides the bureau for public health with a copy of the ACA Standards at the
				same time that it submits a written request for an exemption.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-7 - Communicable Disease

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Good
				hygienic practices and disease control measures shall be employed to prevent
				the spread of communicable disease.
7.2. No staff member while affected with any
				disease in a communicable form, or while a carrier of a communicable disease,
				or while affected with boils, infected wounds, sores, or a respiratory
				infection shall work in any capacity in which there is likelihood of the staff
				member transmitting disease to other persons.
7.3. All staff members in care facilities,
				correctional facilities, schools, and similar facilities where a close
				staff/client relationship exists shall:
7.3.a.
				Wear clean outer garments and maintain a high degree of personal
				cleanliness;
7.3.b. Conform to good
				hygienic practices while on duty;
7.3.c. Thoroughly wash hands and the exposed
				portions of arms with soap and warm water before starting work, during work as
				often as necessary to keep them clean, and after smoking, eating, drinking or
				using the toilet; and
7.3.d. Not
				use tobacco in any form while performing duties. If not prohibited by law, the
				health officer may designate specific areas for tobacco use when the staff
				member is not engaged in the performance 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 64-18 - General Sanitation › Section 64-18-8 - Garbage and Refuse

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Storage,
				handling, collection, transportation and disposal of garbage and refuse shall
				be conducted to prevent odor, insect, rodent and other nuisance
				conditions.
8.2. All garbage and
				refuse shall be stored in approved water tight, vermin proof, and easily
				cleanable containers. There shall be a sufficient number of containers to hold
				all the garbage and refuse that accumulates.
8.3. Garbage and refuse containers shall be
				kept clean.
8.4. When not in
				continuous use, garbage and refuse containers shall be covered at all times
				except those containers used only for non-putrescible and non-infectious
				wastes.
8.5. Excluding mass
				gatherings, garbage and refuse containers, enclosures, dumpsters and compactor
				systems located outside shall be stored elevated or on metal racks or on a
				smooth surface of non-absorbent material such as concrete or asphalt that is
				kept clean and maintained in good repair.
8.6. Outside storage areas or enclosures
				shall be large enough to store the garbage and refuse containers that
				accumulate and shall be kept clean.
8.7. Garbage and refuse storage rooms and
				outside enclosures, if used, shall be constructed of easily cleanable,
				non-absorbent, washable materials, shall be kept clean, shall be insect and
				rodent proof, and shall be large enough to store the garbage and refuse
				containers that accumulate.
8.8.
				Garbage and refuse containers shall be readily accessible for use and
				servicing.
8.9. If garbage and
				refuse container cleaning operations are conducted outside, then a frost proof
				hose bib and sanitary waste drain shall be provided.
8.10. Disposal of garbage and refuse shall be
				in compliance with the applicable laws.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-9 - Heating and Ventilation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Every
				indoor space intended for human occupancy shall be ventilated by natural or
				mechanical means. The minimum amount of outdoor air shall be five (5) cubic
				feet per minute per person.
9.2.
				All rooms shall have sufficient ventilation to keep them free of excessive
				heat, steam, condensation, vapors, obnoxious odors, smoke and fumes.
9.3. Ventilation systems, when vented to the
				outside, shall not create a nuisance or public health hazard.
9.4. Heating, ventilation and
				air-conditioning systems shall be in compliance with the requirements of the
				State Building Code.
9.5. Intake
				and exhaust air ducts shall be located and maintained to prevent the entrance
				of dust, dirt, and other contaminating materials.
9.6. For mechanical ventilation, indoor
				design temperature shall be sixty-eight (68) degrees Fahrenheit for heating and
				seventy-eight (78) degrees Fahrenheit for cooling.
9.7. If operated during the normal heating
				season, the facility shall be equipped with approved heating units sufficient
				to provide and maintain a temperature of sixty-eight (68) degrees Fahrenheit or
				greater in routinely occupied indoor areas unless the facility is intended or
				designed for low temperature operation.
9.8. Oil and gas fired heating devices shall
				be properly vented to the outside air or otherwise in compliance with the State
				Building Code.
9.9. Clothes dryer
				vent systems shall be independent of all other systems and shall convey the
				products of combustion and moisture to the outside.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-10 - Housekeeping and Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				The entire premises and its contents shall be maintained in good repair and in
				a clean and sanitary condition. Facilities and equipment shall be provided for
				this purpose.
10.2. Cleaning and
				sanitizing shall be conducted at a frequency necessary to maintain an
				environment conducive to the general safety, health and comfort of the
				users.
10.3. A written plan
				providing for a regular schedule of housekeeping tasks shall be provided and
				implemented for institutions, schools, care facilities, lodging facilities and
				organized camps.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-11 - Laundry

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Laundry, if
				done on the premises, shall be done in a separate area, room, or rooms designed
				for that particular purpose.
11.2.
				Soiled laundry shall be stored in non-absorbent, easily cleanable, covered
				containers or covered laundry bags intended for laundry storage.
11.3. Clean laundry shall be stored in such a
				manner so as not to become soiled or contaminated.
11.4. Soiled and clean laundry shall be
				handled, stored, processed and transported in such a manner as to prevent the
				spread of infection.
11.5. Laundry
				rooms and equipment shall be maintained in a clean and sanitary
				condition.
11.6. Chemicals and
				materials used in laundry operations shall be labeled, stored, handled, and
				used so as to provide maximum cleaning and disinfecting efficiency and prevent
				injury to the user.
11.7. All
				laundered articles shall be washed at a temperature which gives the best
				performance in relation to the types of soil, level of soil, fabric types and
				chemicals used. Manufacturers= instructions regarding time, temperature,
				mechanical agitation and chemical action should be followed in the washing
				process.
11.8. All laundered
				articles shall be rinsed to remove the cleaning agent.
11.9. After washing and rinsing, laundered
				articles must be either rinsed in a chemical sanitizing solution and air dried,
				or mechanically dried.
11.10. An
				individual laundering his or her own personal belongings is exempt from the
				requirements of subsections 11.7, 11.8, and 11.9 of this section provided that
				the handling, storage, processing and transporting of the individual's laundry
				does not contaminate surrounding areas or other laundry.
11.11. Laundry facilities shall be made
				available on a regular basis to occupants of labor camps.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-12 - Lighting

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Lighting
				levels shall be commensurate with the type of activity occurring within the
				area.
12.2. Light sources shall be
				installed or available to provide the following minimum foot candles of light:
12.2.a. Twenty (20) foot candles of light
				shall be provided in critical cleaning areas, including, but not limited to,
				food preparation areas, utensil washing areas, toilet and bathing facilities,
				and laundry areas. Dining areas shall not be considered critical cleaning
				areas;
12.2.b. Ten (10) foot
				candles of light shall be provided in normal cleaning areas, including, but not
				limited to, corridors, lobbies, janitor's closets, storage areas, and lodging
				quarters;
12.2.c. One hundred (100)
				foot candles of light shall be provided in hazardous work areas, including, but
				not limited to, workshops and school laboratories; and
12.2.d. Forty (40) foot candles of light
				shall be provided in reading and activity areas, including, but not limited to,
				classrooms, day rooms, play rooms, and meeting rooms.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-13 - Noise

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All
				facilities falling under the scope of this rule and constructed after the
				effective date of this rule shall incorporate reasonable acoustic planning into
				the facility design and site selection.
13.2. Acoustic planning for the construction
				of a facility shall take into consideration the effects of exposure to noise on
				the physical health, mental health, and comfort of the facility user within the
				context of the intended use of the facility.
13.3. The commissioner may develop, through
				interpretive rule, ranges of design goals for ambient sound levels in
				facilities covered under this rule and require estimated ambient sound levels
				in decibels to be shown in plans submitted for review.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-14 - Plumbing

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. In the
				absence of applicable bureau for public health rules and design standards,
				water supply and wastewater systems and fixtures shall comply with the
				requirements of the State Building Code.
14.2. Any plumbing or drainage system under
				the jurisdiction of this rule shall be maintained in good repair and in a
				sanitary and serviceable condition by the owner or his agent.
14.3. Plumbing fixtures shall be installed in
				a manner to afford easy access for cleaning and shall not be located in such a
				manner as to interfere with the use or the normal operation of doors, windows
				or other exit openings.
14.3.a. Exposed
				utility service lines and pipes shall be installed in a way that does not
				obstruct or prevent cleaning of the floors, walls and ceilings.
14.3.b. Utility service lines and pipes shall
				not be unnecessarily exposed on floors, walls or ceilings.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-15 - Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. All premises
				and facilities available to public patronage, employment, confinement, or use
				shall be designed, maintained and operated to minimize safety hazards and
				promote an accident-free environment.
15.2. Adequate protection against all
				electrical hazards shall be provided.
15.3. The design, installation and
				maintenance of the facility shall comply with applicable State Fire Marshal's
				rules.
15.4. The design,
				maintenance and arrangement of facilities, including lighting, shall minimize
				hazards of falls, slipping and tripping.
15.5. A fence or barrier shall be provided
				around any outdoor playground or activity area located in an area where safety
				may be a concern and which is used by children or persons not capable of
				self-preservation.
15.6. Except for
				parks, playgrounds, and public restrooms, a first aid kit shall be
				provided.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-16 - Sewage

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Sewage and
				liquid waste disposal systems shall comply in full with the bureau for public
				health rule, Sewer Systems, Sewage Treatment Systems, and Sewage Tank Cleaners,
				64CSR9.
16.2. Sewage and liquid
				waste disposal systems shall be kept in good repair and properly maintained and
				operated.
16.3. Liquid waste shall
				not be deposited on the ground in a manner that may create a
				nuisance.
16.4. Adequate access for
				approved cleaning vehicles and operations shall be provided to all
				self-contained privies and portable excreta disposal
				units
.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-17 - Size, Space

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. In
				campgrounds, one thousand two hundred (1200) square feet of space shall be
				provided for each campsite. The average campground density shall not exceed
				twenty-five (25) campsites per acre.
17.2. In campgrounds, camping units,
				including canopies and similar appurtenances, shall be separated from other
				camping units on adjacent campsites and all campground buildings and structures
				by a minimum distance of ten (10) feet.
17.3. There shall be at least ten (10) feet
				of space between a camping unit and any campground street, common parking area,
				or other common use areas and at least twenty (20) feet between a camping unit
				and a public road.
17.4. Campground
				areas used exclusively for backpack type of camping are exempted from
				subsections 17.2 and 17.3 of this section provided the use of these areas will
				not adversely affect public health.
17.5. For mass gatherings, at least twenty
				(20) square feet per person shall be provided at the site for day time
				assemblage, and at least forty (40) square feet per person shall be provided
				for overnight assemblage, exclusive of parking areas.
17.6. For mass gatherings, adequate parking
				space shall be provided for every four (4) persons with the density not to
				exceed one hundred (100) passenger cars or thirty (30) buses per usable
				acre.
17.7. School classrooms shall
				provide a minimum of twenty-eight (28) square feet of space per
				student.
17.8. Bedding and sleeping
				areas shall be sized according to section 6 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 64-18 - General Sanitation › Section 64-18-18 - Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Appropriate
				storage facilities of cleanable construction shall be provided for, but not
				limited to, the following items: food; utensils; toys; work materials; cleaning
				supplies; clothing; linens; medicines; and toxic materials.
18.2. All storage facilities shall be
				maintained in a neat, orderly, and clean condition.
18.3. Only those articles necessary for the
				operation and maintenance of the facility shall be stored on the
				premises.
18.4. All items intended
				for human consumption or human contact shall be protected from contamination
				during storage.
18.5. Poisons and
				other potentially hazardous items shall be properly labeled and stored in
				locked storage spaces not used for any other purpose. Keys for the storage
				spaces shall be available only to authorized staff members.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-19 - Structure, Materials, Construction and Repair

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Every foundation, roof and exterior
				wall, door, skylight and window shall be reasonably weather-tight, watertight,
				and damp-free, and shall be kept in sound condition and good repair.
19.2. Floors, interior walls and ceilings
				shall be sound and in good repair.
19.3. Materials, adhesives and coverings used
				in interior areas shall be limited to a type that minimizes offensive or
				hazardous emissions to individuals who use or occupy the facility.
19.4. All exterior wood surfaces, other than
				decay resistant woods, shall be protected from the elements and decay by paint
				or other protective covering or treatment using nontoxic materials where
				accessible to children.
19.5. The
				interior finish of floors, walls, and ceilings shall be constructed of
				materials which are suitable for the intended use of the area and the frequency
				and type of cleaning methods necessary to maintain these finishes in a sanitary
				condition.
19.6. Floors, walls and
				ceilings in toilet rooms, food preparation areas, bathing facilities, and
				similar areas shall be easily cleanable, non-absorbent, and capable of
				withstanding routine wet cleaning methods. Other types of floor coverings may
				be permitted in areas where necessary for safety reasons, provided they do not
				interfere with floor cleaning.
19.7. Accessory structures present or
				provided shall be structurally sound and be maintained in good repair or they
				shall be removed from the premises.
19.7.a.
				The exterior of accessory structures shall be made weather-resistant through
				the use of decay-resistant materials or the use of paint or other
				preservatives.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-20 - Surroundings

Current through Register Vol. XLI, No. 28, July 12, 2024
All parts of property used in connection with the operation
				  of the facility shall be kept neat, clean, adequately drained, free of litter
				  and vermin harborage, and designed, located, maintained and operated so as not
				  to endanger the public health or to create a nuisance or safety
				  hazard.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-21 - Toilet, Hand Washing and Bathing Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Toilet, hand washing, and bathing
				facilities shall be provided in the number required in the State Building Code.
21.1.a. Labor camps and organized camps shall
				provide one water closet and one lavatory for each ten (10) occupants and one
				(1) bathtub or shower for each eight (8) occupants, or fraction
				thereof.
21.1.b. Parks and
				playgrounds shall provide at least one (1) water closet and one lavatory for
				each sex.
21.1.c. Campground
				comfort stations, if provided, shall provide for each twenty (20) campsites or
				fraction thereof one (1) water closet for males, two (2) water closets for
				females, one (1) lavatory for each sex, and one (1) bathtub or shower for each
				sex.
21.1.d. In mass gatherings, a
				ratio of one (1) water closet for each one hundred (100) persons shall be
				provided for the first one thousand (1000) persons, then an additional two (2)
				water closets per one thousand (1000) thereafter. When water under pressure is
				provided, one (1) lavatory for every two (2) water closets shall be
				provided.
21.1.e. Urinals may be
				substituted for up to fifty percent (50%) of the required number of water
				closets.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-22 - Vector Control

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Effective
				measures shall be used to minimize the presence of rodents, flies, cockroaches,
				and other insects and vermin on the premises.
22.2. The premises shall be kept in such
				condition as to prevent the harborage or feeding of insects, rodents, and other
				vermin.
22.3. Applicable doors,
				windows and other exterior openings shall be effectively protected against the
				entrance of rodents, insects, and other vermin. These areas include, but are
				not limited to, food service areas, toilet facilities, and housing areas. This
				requirement does not apply to primitive camping, outpost camping or similar
				recreational activities.
22.4.
				Screening material shall not be less than sixteen (16) mesh to the
				inch.
22.5. Only those pesticides
				approved by the United States Environmental Protection Agency and the United
				States Department of Agriculture shall be used.
22.6. Poisonous or toxic materials shall not
				be used, stored or disposed of in a way that constitutes a hazard to employees
				or other persons, nor in a way other than in compliance with the manufacturer's
				specifications.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-23 - Water Supply

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. An
				approved, adequate, easily accessible, potable water supply shall be provided.
				This provision may be waived by the health officer for campgrounds, campsites,
				mass gatherings, and similar areas where compliance is impractical.
23.2. Water supplies shall be installed,
				constructed, maintained, operated and monitored in compliance with bureau for
				public health rules, Public Water Systems, 64CSR3; Water Well Regulations,
				64CSR19 and Cross-Connection Control and Backflow Prevention,
				64CSR15.
23.3. Hot and cold running
				water shall be supplied through a mixing valve or combination faucet in all
				areas where food is prepared, at all hand washing and bathing facilities, and
				all other applicable areas. This provision may be waived by the health officer
				for campgrounds, campsites, mass gatherings, and similar areas where compliance
				is impractical.
23.3.a. Hot water means water
				heated to a temperature of not less than 110 degrees Fahrenheit.
23.3.b. Steam-mixing valves are
				prohibited.
23.3.c. Water
				temperatures for showers, bathing, or hand washing shall be thermostatically
				controlled to insure the safety of users.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-24 - Penalty for Violating Provisions of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person violating any of the provisions of this rule, or
				  orders issued pursuant to this rule, is punishable by a fine of not more than
				  two hundred dollars ($200) or by imprisonment for not more than thirty (30)
				  days, or both. Each day's failure to comply with any applicable provision of
				  this rule constitutes a separate offense.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-18 - General Sanitation › Section 64-18-25 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons 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 of Procedure 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 64-19 - Water Well Regulations › Section 64-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the certification requirements for water well
				drillers; pump installers and the issuance of permits for water wells. The
				purpose is to protect the public health, protect and prevent contamination in
				groundwater and ensure fair and equitable rules for the construction of water
				wells and installing pumps and pumping equipment in the State of West
				Virginia.
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 and Replacement
				of Former Rules. -- This legislative rule repeals and replaces Department of
				Health rule, Water Well Regulations, 64CSR19, 1989.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-19 - Water Well Regulations › Section 64-19-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to all water well drillers and pump
				installers where the pump is situated in a water well or pulls water from a
				well.
2.2. Enforcement. -- This
				rule shall be enforced 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 64-19 - Water Well Regulations › Section 64-19-4 - Permits to Install

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. After the
				effective date of this rule, no person shall drill, construct, alter or abandon
				a water well unless the Commissioner, pursuant to this rule, has issued a valid
				permit, except where the emergency procedures set forth in subsection 4.3 of
				this rule apply.
4.2. A permit to
				drill, construct, alter or abandon a water well shall be obtained jointly by
				the water well contractor and property owner. Application for the permit shall
				be made at least fifteen calendar days prior to the actual well drilling,
				construction, alteration or abandonment unless emergency conditions prevail as
				set forth in subsection 4.3 of this rule.
4.3. The following applies to emergency water
				well permits:
4.3.a. The Commissioner may
				issue an emergency water well permit to minimize actual or potential harm to
				human health, the environment or property;
4.3.b. A certified well driller requesting an
				emergency permit under this section shall contact the Commissioner no later
				than the next business day after the emergency occurs. The certified well
				driller shall submit a completed water well permit application and a well
				completion report to the Commissioner within five calendar days after the
				initial contact is made; and
4.3.b.1. The
				application shall include a clear and concise factual description of the nature
				and scope of the emergency.
4.3.c. The Commissioner, upon issuance of an
				emergency permit, shall assign to the well driller an emergency permit number
				and specify the date of approval. The well driller shall make the approved
				permit available for any on-site inspection by authorized
				representatives.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-19 - Water Well Regulations › Section 64-19-5 - Records of Completed Water Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Within thirty (30) calendar days after
				the water well has been constructed, altered, or abandoned, the certified well
				driller shall submit a completion report to the Commissioner. The date of
				construction and time of completion is the date and time the rig is removed or
				pulled off the borehole or well. The certified well driller who actually
				performed the construction, alteration or abandonment of the well or provided
				the on-site supervision of the well construction, alteration or abandonment
				shall sign the completion report. A master well driller is required to sign the
				completion report when a journeyman well driller conducts the on-site
				supervision and drilling.
5.2.
				Completion reports shall be filed for pump installation. When the pumping
				equipment is installed after the record of completion has been submitted, the
				record shall be amended by the certified well driller or pump installer and
				resubmitted to the Commissioner within thirty calendar days of installation of
				the pumping equipment. The certified well driller or pump installer who
				actually performed the installation of the pump system shall sign the amended
				record of completion.
5.2.a. A completion
				report is not required for the repair of pumps or the replacement of pumps or
				pumping equipment if the depth of the setting and efficiency are not
				affected.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-19 - Water Well Regulations › Section 64-19-6 - General Provisions for well driller certifications of the proper class and pump installer certifications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No person shall drill, construct, alter
				or abandon any water well without possessing a valid West Virginia
				certification of the proper class issued by the Commissioner and complying with
				the applicable sections of this rule.
6.2. No person shall install, repair or
				replace a well pump or well pumping equipment or engage in that business
				without possessing a valid West Virginia certification of the proper class
				issued by the Commissioner and complying with applicable sections of this rule.
				A property owner may be allowed to install the pump system and sign the
				completion record if, prior to the installation the property owner passes an
				examination administered by the Commissioner with a minimum score of seventy
				percent. This examination shall demonstrate the individual's knowledge of the
				applicable rules.
6.3. Well
				drillers shall be classified into one of three classes: master well driller;
				journeyman well driller; or an apprentice well driller.
6.3.a. A certified master well driller, after
				meeting the requirements of subsection 9.2 of this rule may:
6.3.a.1. Drill, construct, install, repair,
				replace, alter or abandon water wells, including public water supply
				wells;
6.3.a.2. Install or replace
				well pumping equipment and appurtenances, storage tanks and connecting lines
				between a well and storage tank;
6.3.a.3. Perform yield and drawdown testing
				of wells; and supervise journeymen well drillers and apprentices;
6.3.a.4. Sign permit applications and certify
				that a well has been drilled, constructed, installed, repaired, modified,
				altered, or abandoned in conformance with all applicable state and well drill
				and pump installation standards;
6.3.a.5. Qualify as a candidate to be
				appointed to the Advisory Board;
6.3.a.6. Supervise journeymen and
				apprentices; and
6.3.a.7. Perform
				field observations to verify qualifications of applicants for all
				certifications covered by this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-19 - Water Well Regulations › Section 64-19-7 - Application and Certification Examination Procedures and Fee Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An applicant
				for a West Virginia master well drilling certification shall:
7.1.a. Submit an application on the forms
				prescribed by the Commissioner, pursuant to satisfying all experience and other
				requirements specified, and provide evidence of the following:
7.1.a.1. The applicant shall demonstrate two
				years of relevant work experience with a minimum of three thousand hours as a
				journeyman. To demonstrate relevant experience, the applicant shall specify the
				dates of employment, description of the work and provide the name of the
				supervising certified well driller;
7.1.a.2. The applicant shall demonstrate that
				he or she has resolved any revocation or suspension of a previously issued well
				drilling certification or of any outstanding violation or fine pursuant to the
				rule;
7.1.a.3. The applicant shall
				obtain a minimum grade of seventy percent on each portion of the written
				examinations and perform a possible field test demonstrating the applicant's
				expertise; and
7.1.a.4. The
				applicant shall be at least eighteen years of age.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-19 - Water Well Regulations › Section 64-19-8 - Bonding of Water Well and Pump Installation Contractors

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each water well and pump installation
				contractor shall have a current contractor's bond payable to the Commissioner
				upon forfeiture and liability insurance coverage effective throughout West
				Virginia in a form determined by the Commissioner. The Commissioner shall
				determine the amount of the contractor's bond, which may not exceed five
				thousand dollars. Lack of a current contractor's bond is considered sufficient
				grounds for denial of a water well or pump installation permit.
8.2. Forfeiture of the contractor's bond is
				predicated upon a failure to drill, construct, repair, replace, alter or
				abandon a well or upon installation of a pump in a water well in accordance
				with this rule and the Bureau's rule, Water Well Design Standards,
				64CSR46.
8.3. The surety shall have
				the option of forfeiting the contractor's bond or completing the well in
				accordance with this rule and standards specified in subsection 8.2 of this
				rule. The Commissioner shall expend all proceeds from a forfeiture to alter or
				abandon the well in accordance with applicable rules and standards. The
				Commissioner shall retain and expend any excess funds for the purpose of
				altering or abandoning water wells in accordance with applicable rules and
				standards.
8.4. The surety shall
				have the option of canceling a contractor's bond after providing notice to the
				Commissioner at least thirty days prior to cancellation.
8.5. In lieu of the bond required by
				subsection 8.1 of this rule, the Commissioner may accept an irrevocable letter
				of credit issued by a bank chartered by the State of West Virginia or a member
				bank of the federal reserve system. Confirmation of the irrevocable letter of
				credit shall be in writing and shall be signed by the issuing or confirming
				bank.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-19 - Water Well Regulations › Section 64-19-9 - Continuing Education Program and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The continuing education program shall
				be a formal offering of instruction or information to certificate holders and
				registrants for the purpose of maintaining, enhancing and developing the skills
				necessary for the protection of groundwater and the health and general welfare
				of the citizens and to increase the competence of well drillers and pump
				installers.
9.2. Beginning two
				years after the effective date of this rule, a certified master well driller
				shall show proof of three hours of continuing education related to water well
				drilling every year. Additionally, for a certified master well driller to
				install pumps, he or she shall show proof of two hours of continuing education
				related to pump installation every year. A certified journeyman driller shall
				show proof of two hours of continuing education every year. For a certified
				journeyman driller to install pumps, the journeyman driller shall show proof of
				one hour of continuing education related to pump installation every year. The
				certified pump installer shall show proof of two hours of continuing education
				every year to maintain the certification. Each certificate holder shall submit
				a copy of the certificates of completion as proof of meeting the continuing
				education requirements.
9.3. Only
				courses or programs designated or approved by the Commissioner are acceptable
				for continuing education.
9.4. To
				obtain pre-approval of a course the sponsor or attendee shall submit the
				following information to the Commissioner: a written course description, which
				includes the names and qualifications of the presenters; the time and location
				of the course; the proposed number of hours and the program
				objectives.
9.5. Programs for
				continuing education units may be held in state or out of state. Approved
				topics include water wells or pump system technology, science, health, sound
				business practices, rule compliance including other governmental and industry
				requirements including worker health and safety.
9.6. Program sponsors shall provide proof of
				attendance to attendees.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-19 - Water Well Regulations › Section 64-19-10 - Identification Numbers of Water Well Rigs and Well Head

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All water well contractors shall ensure
				that all water well rigs they use or those used by their employees are clearly
				marked with legible and plainly visible identification numbers at all
				times.
10.2. The identification
				number to be used on water well drilling rigs is the certification number of
				the water well driller at the well site who is responsible for the water well
				drilling operations.
10.3.
				Certification numbers shall be printed on each side of every water well
				drilling rig in numerals of not less than two inches high and the numerals
				shall be in a color sufficiently different from the color of the vehicle or
				equipment so that the certification number is plainly legible.
10.4. Water well contractors shall ensure
				that all water well rigs they use or those used by their employees are clearly
				marked as provided in subsections 10.2 and 10.3 of this rule.
10.5. Each well drilling contractor shall
				securely attach a metal tag or engraved well cap to the wellhead containing the
				following information: the contractor's name, address and permit number, the
				depth of the well and the date of construction or alteration.