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 64-19 - Water Well Regulations › Section 64-19-11 - Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				Commissioner may establish an advisory board and designate the chairman of the
				board.
11.2. The advisory board
				membership shall consist of, but not necessarily be limited to, the following
				members:
11.2.a. Three certified master well
				drillers;
11.2.a.1. These three members may
				represent and have actual experience from the various geologic areas of the
				state and be familiar with the various appropriate drilling methods used in
				different regions of West Virginia.
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 64-19-12 - Inspections and Water Sampling

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commissioner may make as many inspections as necessary,
				  during the construction, installation, modification or operation of a water
				  well, pump and pumping equipment to determine compliance with the applicable
				  provisions of this rule and the Bureau's rule, Water Well Design Standards,
				  64CSR46. An inspection may include, without limitation, water sampling for the
				  detection of any contaminants, the documentation of a violation of construction
				  standards, technical procedures, or any other requirements established under
				  the rule. The owner or occupant of a dwelling, establishment, or land where a
				  water well is located shall provide the Commissioner access for making the
				  inspection. The Commissioner shall record the findings of inspections on forms
				  prescribed for the purpose.
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 64-19-13 - Penalties, Suspension and Revocation of Certifications

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Persons who violate the provisions of
				this rule are subject to the civil and administrative penalties of W. Va. Code
				§
									6-1-9 a and to
				potential civil or criminal penalties under W. Va. Code ''16-1-9, 16-1-9a and
				16-1-18.
13.2. The Commissioner may
				suspend, revoke or deny certification of a driller or pump installer if the
				information on the application form is incomplete, inaccurate, false,
				misleading or indicates that the provisions of this rule cannot be met. The
				Commissioner may revoke or suspend the certification of a driller or pump
				installer who knowingly violates this rule.
13.3. When certification has been denied,
				suspended or revoked, the person affected shall immediately discontinue the
				drilling, altering, constructing and abandonment of water wells.
13.4. A denial, suspension, or revocation of
				certification shall be in writing from the Commissioner and shall state
				specific reasons for the denial, suspension or revocation.
13.5. The Commissioner shall send a written
				notice of the suspension or revocation of a certification at least ten calendar
				days prior to the actual revocation or suspension.
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 64-19-14 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Administrative Due Process. -- 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 the West Virginia Department of Health's Procedural 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 › Appendix A - Permitting Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
1. Construction /Installation Permits
A. Heat exchange wells: Permit Fee is determined by the ton
				  rating of the heat pump machine. When more than one heat pump machine is hooked
				  together, the cumulative total of the ton rating is used to determine the fee:
				  One to fifty ton heat pump system $150; over fifty ton system $300.
Permitting fees for water well permits are located in the
				  Bureau's rule, Fees for Permits, 64CSR30.
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 › Appendix B - Certification Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
1. Master Well Driller: Initial and Renewal Fee for
				  Certification - $150
2. Journeyman Well Driller: Initial and Renewal Fee for
				  Certification - $100
3. Pump Installer: Initial and Renewal Fee for Certification
				  - $150
4. Reactivation of Status Fee - $350
5. Examination Fee - $25
6. Duplicate Certificate - $2
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-20 - State Child Fatality Review Team And County Multidisciplinary Investivative Teams › Section 64-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standard procedures for the formation and conduct of the child
				fatality review team and recommends protocols for the review of child
				fatalities where other than natural causes are suspected. This rule should be
				read in conjunction with W. Va. Code § 49-5D-1 et seq. The W. Va. Code is
				available in public libraries and on the Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va. Code §
				49-5D-5(f).
1.3. Filing Date. --
				October 16, 2001.
1.4. Effective
				Date. -- December 1, 2001.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-20 - State Child Fatality Review Team And County Multidisciplinary Investivative Teams › Section 64-20-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to the child fatality review team, county
				multidisciplinary investigative teams and other state, county or local
				agencies.
2.2. Enforcement. -- This
				rule is enforced by the office of chief medical examiner 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 64-20 - State Child Fatality Review Team And County Multidisciplinary Investivative Teams › Section 64-20-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Child. - A
				person less than eighteen (18) years of age.
3.2. Child Fatality Review Team (CFRT). - A
				multidisciplinary group of professionals including representatives from public
				health, medicine, law and law enforcement, and child welfare that reviews the
				circumstances surrounding the deaths of children.
3.3. County Multidisciplinary Investigative
				Team (CMIT). - A group established by W. Va. Code § 49-5D-2.
3.4. Department. - The West Virginia
				Department of Health and Human Resources.
3.5. Immediate review. - A review of the
				circumstances surrounding the death of a child that occurs between twenty-four
				(24) and forty-eight (48) hours after the death of a child.
3.6. Review. - The process by which all of
				the facts and circumstances about a deceased child and his or her family that
				are known to members of a team are shared and discussed among the
				team.
3.7. Unexpected death. - The
				death of a healthy child whose immediate death is not anticipated.
3.8. Unexplained death. - The cause and
				manner of death of a child that cannot be determined after an autopsy and
				thorough investigation of the circumstances surrounding the death.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-20 - State Child Fatality Review Team And County Multidisciplinary Investivative Teams › Section 64-20-4 - Responsibilities of Child Fatality Review Team

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The CFRT shall perform the duties
				described in W. Va. Code § 49-5D-5, including the review of deaths of all
				children who were residents of the State of West Virginia at the time of death,
				regardless of the place of death, with the objective of identifying causal
				patterns in child fatalities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-20 - State Child Fatality Review Team And County Multidisciplinary Investivative Teams › Section 64-20-5 - Conduct of Child Fatality Review Team

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The CFRT shall meet monthly.
5.2. The chairperson of the team shall
				appoint persons to vacancies on the CFRT on an interim basis, while awaiting
				completion of the nomination and appointment process by the governor as
				outlined in W. Va. Code § 49-5D-5.
5.3. The chairperson of the CFRT, or his or
				her designee, and the team members shall review death certificates of children
				sent monthly by the office of vital statistics and shall determine which are
				unexpected or unexplained deaths.
5.4. Each member of the CFRT shall examine
				the records of his or her agency to determine if the child, or the child's
				parents or guardians, have received services at his or her agency, and if
				necessary, may contact other agencies to complete the review.
5.5. Team members shall present to the rest
				of the CFRT the information obtained from the record reviews, but shall retain
				the documents in each's agency's files.
5.6. All documents regarding a particular
				case that are reviewed by the CFRT shall be destroyed by the CFRT after the
				publication of the annual report in which that case data is included.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-20 - State Child Fatality Review Team And County Multidisciplinary Investivative Teams › Section 64-20-6 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				information, records of the CFRT, and opinions expressed by members of the CFRT
				are confidential as described in W. Va. Code § 49-7-1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-20 - State Child Fatality Review Team And County Multidisciplinary Investivative Teams › Section 64-20-7 - Recommended Protocols for Review of Child Fatalities

Current through Register Vol. XLI, No. 28, July 12, 2024
The following are recommended protocols to aid CMITs in the
				  review of child deaths where other than natural causes are suspected:
7.1. The county prosecutor or his or her
				designee may call for an immediate review of a child fatality when that death
				is believed to have occurred from other than natural causes;
7.2. In deaths where other than natural
				causes are suspected and there is a surviving minor sibling in the home, child
				protective services shall conduct an assessment of the family to determine the
				safety and well-being of siblings. Such causes of death may be, but are not
				limited to suicide, homicide, sudden infant death syndrome, and
				accidents;
7.3. The county
				prosecutor or his or her designee shall request from the CFRT a copy of death
				certificates of children that resided in his or her county;
7.4. Once death certificates are received,
				the prosecutor shall direct the distribution of the death certificates to
				members of the CMITs;
7.5. Members
				of the CMITs shall bring with them to team meetings the records and information
				that their agency possesses about the child, the child's family, circumstances
				surrounding the death, as well as any other relevant information.
7.6. The county prosecutor or his or her
				designee shall complete the child fatality review data form to the best of his
				or her knowledge and send the form to the CFRT within thirty (30) days of
				review.
7.7. CMITs may defer all
				reviews to the CFRT.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the environmental health requirements for the
				construction and operation of child care centers.
1.2. Authority. -- W. Va. Code '16-1-7.
1.3. Filing Date. -- June 16, 1997.
1.4. Effective Date. -- June 23,
				1997.
1.5. Supersession of Former
				Rule. -- This rule repeals and replaces W. Va. Division of Health Legislative
				Rule, Child Care Centers, 64 CSR 21, effective March 15, 1974.
1.6. Applicability. -- This rule applies to
				the owners and operators of child care centers.
1.7. Enforcement. -- This rule is enforced by
				the director of the division of health.[1]
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-2 - 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
				division of health.
2.2. Child Care
				Center. -- Any child care facility providing nonresidential child care for
				seven (7) or more children for all or part of a day. The term 'child care
				center' includes: day care centers, family day care facilities, nursery
				schools, and preschools. 'Child care center' does not include:
2.2.a. A kindergarten, preschool or school
				education program operated by a public school, accredited by the state
				department of education;
2.2.b. An
				individual or facility which offers occasional, temporary care of children for
				brief periods while parents are shopping, engaging in recreational activities,
				attending religious services or engaging in other business or personal
				affairs;
2.2.c. Summer recreation
				camps operated for children attending sessions for periods not exceeding thirty
				(30) days;
2.2.d. Hospitals or
				other medical facilities which are primarily used for temporary residential
				care of children for treatment, convalescence or testing; or
2.2.e. Persons providing family day care
				solely for children related to them, including grandparents, aunts and
				uncles.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-4 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The health
				officer shall inspect each child care center at least once each six (6) months.
				The health officer shall also make additional inspections needed to determine
				satisfactory compliance with the provisions of this rule and any orders,
				notices, instructions, or specifications issued pursuant to this
				rule.
4.2. The health officer may
				consider any consecutive violation of the same item or items of this rule as
				cause for the immediate suspension of a permit to operate.
4.3. The operator shall post a copy of the
				inspection report within the child care center.
4.4. The owner, operator or person in charge
				of a child care center, shall provide the health officer with free access to
				the entire premises for the purpose of inspection, and shall furnish all
				requested information to make the inspection complete.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-5 - General Building Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Location; Structure; Size.
5.1.a. Child care centers shall be located in
				a relatively noise and pollution free environment.
5.1.b. Child care center buildings or
				structures shall be of sound structure and maintained in good repair.
5.1.c. All painted surfaces shall be free of
				lead pigment and other toxic materials.
5.1.d. Usable floor space of thirty-five (35)
				square feet per child shall be provided and available for children's
				activities, exclusive of halls, bathrooms, the kitchen, office space, or
				storage areas.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-6 - Activity Areas and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				All activity equipment shall be free of safety hazards, shall be of smooth
				construction and, where applicable, easily cleanable. Activity equipment shall
				include, but not be limited to: toys, furnishings, tables, chairs, cots and
				similar equipment.
6.2. Usable
				outdoor play space of seventy-five (75) square feet per child shall be provided
				on the premises or within walking distance of the facility. Play times may be
				staggered, and space may be based on the number of children using the area at
				one (1) time.
6.2.a. Outdoor play spaces
				shall be well-drained and free of litter, solid waste and refuse, ditches,
				abandoned cars, used appliances, animal feces, toxic plants, or other
				conditions presenting a hazard.
6.2.b. Outdoor play spaces provided by day
				care centers shall be fenced or have natural barriers such as hedges or
				stationary walls at least three (3) feet high.
6.2.c. In family day care facilities, all
				areas accessible to the outdoor play area which are unsafe for children shall
				be fenced off or have natural barriers at least three (3) feet high to protect
				children. Unsafe areas may include, but are not limited to: steep grades;
				cliffs; open pits; swimming pools; high voltage boosters; propane gas tanks;
				streets; roads; driveways; railroad tracks; and parking lots.
6.2.d. Outdoor equipment used for climbing
				and similar play activities shall be installed to prevent tipping or collapse.
				Swings, slides, and climbing equipment shall not be placed over or immediately
				adjacent to concrete, asphalt, brick, or similar hard surfaces.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-7 - Animals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Animals are
				permitted on child care premises.
7.2. Animals and their quarters shall be kept
				in a clean condition at all times.
7.3. Wild, dangerous, aggressive or obviously
				ill animals are prohibited.
7.4.
				Aquariums shall be under the supervision of the child care staff, located in
				the activity areas and kept out of reach of children.
7.5. Dogs and cats shall be currently
				vaccinated against rabies, distemper, hepatitis, and leptospirosis.
7.6. In day care centers, the outdoor
				quartering areas of dogs and cats shall be completely separate from children's
				outdoor activity areas.
7.7. Indoor
				animal quarters and litter boxes shall not be located in food preparation,
				storage, or serving areas.
7.8.
				Live animals, including birds and turtles, shall be excluded from food
				preparation, storage and serving areas, and in-use dining areas. This exclusion
				does not apply to edible fish, crustacea, shellfish, or to fish in
				aquariums.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-8 - Bedding and Sleeping Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The child care center shall provide each child who takes a nap with an
				individual bed, sturdy cot, crib, couch, baby bed, playpen, or mat. In family
				day care facilities, siblings may share double beds.
8.2. The child care center shall provide
				separate cribs for infants who are not yet able to climb. Cribs shall be spaced
				a minimum of twenty-four (24) inches apart on all sides. Bars on cribs shall be
				no farther apart than two and three-eights (2 d) inches, and crib sides shall
				be secure and high enough to prevent accidents.
8.3. The child care center shall provide
				individual sheets and covers for each child. Sheets and covers shall be
				laundered at least weekly or whenever soiled or prior to use by another
				child.
8.4. Mattresses, mats, cots,
				and other sleeping surfaces shall be water-proof or shall have a water-proof
				cover.
8.5. Stackable cribs are
				prohibited. The upper levels of double-deck beds shall not be used by children
				under nine (9) 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 64-21 - Child Care Centers › Section 64-21-9 - Diaper Changing and Toilet Training

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Children shall be diapered or have
				soiled underwear changed in an established diaper changing area. The changing
				area shall not be located in food preparation areas.
9.2. Staff shall change children diapers or
				soiled underwear on a clean, safe, impervious, nonabsorbent surface which is
				used for no other purpose.
9.3.
				Staff shall clean the child's perineal (urinary and anal) area with disposable
				wipes.
9.4. After removing a soiled
				diaper and before putting a fresh diaper on a child, staff members shall wipe
				their own hands with a pre-moistened towelette or a damp paper towel.
9.5. Both the child's and the staff member's
				hands shall be thoroughly washed after each diaper change. If disposable gloves
				are used, they must be discarded immediately and hands washed.
9.6. Changing tables and surfaces shall be
				cleaned and disinfected after each use by cleaning to remove visible soil,
				followed by wiping with an approved disinfectant solution, whether or not
				disposable, nonabsorbent paper is used. If disposable paper is used, it shall
				be discarded immediately after each diapering.
9.7. Soiled cloth diapers and/or soiled
				training pants shall be stored in a labeled container with a tight-fitting lid
				provided by a commercial diaper service or in a sealed plastic bag which is
				sent home with the child at the end of the day. If diapers are laundered by a
				commercial diaper service, the service shall be accredited by the Diaper
				Service Accreditation Council. Feces from soiled cloth diapers or training
				pants shall be disposed of by dumping in a toilet.
9.8. Soiled disposable diapers shall be
				stored in conveniently located, washable, plastic-lined, tightly covered waste
				containers. Each container shall be labeled and kept clean and free of buildup
				of soil and odor.
9.9. Toilet
				training chairs, if used, shall be of easily cleanable construction and after
				each use shall be emptied into a toilet, and thoroughly cleaned and sanitized
				in a utility sink.
9.10. Hand
				washing sinks shall not be used for rinsing soiled diapers or clothing or for
				cleaning toilet training equipment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-10 - Employee Health

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All staff
				members shall wear clean outer garments, maintain a high degree of personal
				cleanliness, and conform to good hygienic practices while on duty.
10.2. Staff members shall not use tobacco in
				any form while engaged in any food service activities, feeding children or
				administering to the children's needs.
10.3. Smoking is prohibited in children's
				areas.
10.4. No staff member while
				affected with any disease in a communicable form, or while a carrier of such a
				disease, or while affected with boils, infected wounds, sores, or a respiratory
				infection shall work in any capacity in which there is a likelihood of the
				staff member transmitting the disease or condition to other persons. No person
				known or suspected of being affected with any such disease or condition shall
				be employed in any area or capacity in which there is a likelihood of the
				person transmitting the disease or condition to other persons. In family day
				care facilities, appropriate measures shall be taken to protect staff and
				children from the direct or indirect transmission of diseases from non-staff
				household members.
10.5. The staff
				shall employ universal precautions for protection from disease and infection.
10.5.a. Spills of body fluids, which include
				urine, feces, blood, saliva, nasal discharge, eye discharge, and injury or
				tissue discharges, shall be cleaned up immediately.
10.5.b. Surfaces soiled by spills of vomit,
				urine, feces, blood or blood-containing body fluids or by spills due to injury
				and tissue damage shall be cleaned and disinfected.
10.5.c. Persons cleaning contaminated areas
				shall avoid exposure of open skin sores or mucous membranes to blood or
				blood-containing body fluids.
10.5.d. Blood-contaminated material and
				diapers shall be disposed of in a plastic bag with a secure tie.
10.5.e. Mops shall be cleaned with a
				disinfectant solution.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-12 - Garbage and Refuse Disposal

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				All garbage and refuse shall be stored in approved watertight and vermin-proof
				containers.
12.2. When not in
				constant use, garbage and refuse containers shall be covered with tight-fitting
				lids.
12.3. Garbage and refuse
				shall be removed from the premises weekly, or more often, if
				necessary.
12.4. Except for family
				day care facilities, a concrete platform or a metal rack is required for
				outside storage of garbage and refuse containers.
12.5. Garbage and refuse containers shall be
				cleaned after each emptying.
12.6.
				If garbage and refuse container cleaning operations are conducted outside, then
				a frost-proof hose bibb 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 64-21 - Child Care Centers › Section 64-21-13 - Hand Washing

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Staff
				members shall wash their hands thoroughly in an approved lavatory before
				starting work, after changing a diaper and otherwise as often as necessary to
				remove soil and prevent contamination. No staff member shall resume work after
				visiting the toilet room without first washing his or her hands.
13.2. Children's hands shall be washed before
				and after eating meals and snacks, after handling pets or other animals, after
				visiting the toilet room, and before any food service activity, including
				setting the table.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-14 - Housekeeping and Sanitation

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				All areas and equipment of the child care center shall be kept clean and in
				good repair and in a neat and orderly condition at all times. Indoor
				environmental surfaces associated with children's activities, such as table
				tops, shall be cleaned and disinfected when they are soiled or at least once
				weekly.
14.2. Toys that are placed
				in children's mouths or are otherwise contaminated by body secretions or
				excretions shall be set aside to be cleaned and disinfected before handling by
				another child. Machine-washable cloth toys can be used and shall be
				machine-washed when contaminated.
14.3. All frequently touched toys in rooms in
				which infants and toddlers are cared for shall be cleaned and disinfected
				daily. Toys in rooms in which older, non-diapered children are cared for shall
				be cleaned weekly and when soiled. The use of soft, non-washable toys for
				infants and toddlers shall be limited to personal use articles that are not
				shared between children.
14.4.
				Toilet rooms, flush toilets, toilet training equipment, and fixtures shall be
				cleaned and sanitized at least daily and when obviously soiled.
14.5. Rooms shall not be routinely cleaned
				while occupied by children.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-15 - Laundry

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. In day care
				centers, laundry done on the premises may not be done in children's activity
				areas or in food preparation, service or storage areas.
15.2. Soiled laundry shall be stored in
				nonabsorbent easily cleanable covered containers.
15.3. Soiled and clean laundry shall not be
				stored or placed in the same container or on a common table or shelf.
15.4. Clean laundry shall be stored in a
				manner to protect it from being soiled or contaminated prior to use.
15.5. Laundry shall either be mechanically
				washed and dried or mechanically washed, rinsed in a chemical sanitizing
				solution, and air-dried.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-16 - Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. All necessary
				precautions shall be taken to insure an accident-free environment for the
				children.
16.2. Children shall be
				supervised at all times in accordance with the applicable staff/child ratios
				set forth in the division of human services rules, Family Day Care Facilities,
				78 CSR 18, and Day Care Centers, 78 CSR 1.
16.3. Stairways, walks, corridors and all
				other areas of the child care center shall be free of ice, snow, physical
				obstructions, or any other item which may be a safety hazard. Porches,
				balconies, decks, or platforms elevated more than three (3) feet above the
				ground shall be equipped with secure child-proof railings or barriers.
				Stairways shall be provided with railings and with barriers or safety gates at
				the top and bottom whenever infants, toddlers or preschool children are in
				care.
16.4. A first aid kit shall
				be provided on the premises and shall be readily available at all times. The
				minimum contents of the kit shall include, but not be limited to, band aids;
				thermometer; gauze; tape; scissors; tweezers; disposable, nonporous gloves; a
				first aid guide; and syrup of ipecac. Syrup of ipecac shall be used only with
				prior authorization from the parent and at the direction of a poison control
				center or the child's physician. First aid supplies shall not be accessible to
				the children in care. Staff shall take a first aid kit on all trips away from
				the facility.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-17 - Sewage System

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Sewage
				and excreta disposal systems shall comply with the division of health's rule,
				Sewage Systems, 64 CSR 9.
17.2.
				Sewage and excreta disposal systems shall be kept in good repair and properly
				maintained and operated.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-18 - Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Approved
				storage facilities shall be provided for, but not limited to, the following
				items: food stuffs, utensils, toys, work materials, cleaning supplies,
				clothing, linens, medicines, toxic materials, and all items which may be
				hazardous to children.
18.2.
				Poisons and other potentially hazardous items shall be inaccessible to children
				and stored in their original containers.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-19 - Water Supply

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Potable
				water shall be provided from an approved source in sufficient quantity to meet
				the needs of the center.
19.1.a. If the
				center is served by a public water system, it shall be in compliance with the
				division of health's rule, Public Water Systems, 64 CSR 3.
19.1.b. If the center is not served by a
				public water system, the water supply shall be approved by the health
				officer.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-20 - Penalty for Violating Provisions of Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Any person who violates any provision
				of this rule is guilty of a misdemeanor and shall upon conviction be punished
				by a fine of not more than two hundred dollars ($200) or by imprisonment for
				not more than thirty (30) days or both fine and imprisonment.
20.2. 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 64-21 - Child Care Centers › Section 64-21-21 - 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 as prescribed in the division of health's
				  administrative rule, Rules of Procedure for Contested Case Hearings and
				  Declaratory Rulings, 64CSR 1.
[1] The
				Department of Health and Human Resources (DHHR) was created by the
				Legislature's reorganization of the executive branch of State government in
				1989. The Department of Health was renamed the Division of Health and made a
				part of the DHHR (W. Va. Code '
				5F-1-1
				et seq.). Administratively within the DHHR the Bureau for Public Health through
				its Commissioner carries out the public health function of the Division of
				Health.
[2] The permit issued under
				this rule is one of several approvals required in order for a child care center
				(a day care center, a family day care facility, or other type of child care
				center) to obtain a license or certification to operate issued by the division
				of human services.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-22 - Solid Waste Disposal (Transferred To DNR Title 47-38 6/10/83 ) › Section 64-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish requirements for the protection of workmen
				and the general public from vapors and mists of solvents used in, released from
				or disseminated by coin-operated dry cleaning machines.
1.2. Authority. -- W. Va. Code '16-1-7
1.3. Filing Date. -- November 28,
				1967
1.4. Effective Date. --
				December 29, 1967
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-22 - Solid Waste Disposal (Transferred To DNR Title 47-38 6/10/83 ) › Section 64-22-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - These legislative rules apply to the owners and operators of
				coin-operated dry cleaning establishments.
2.2. Enforcement - The enforcement of the
				legislative rules is vested with the director of the West Virginia department
				of health or his lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-22 - Solid Waste Disposal (Transferred To DNR Title 47-38 6/10/83 ) › Section 64-22-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Coin-operated
				Dry Cleaning - Means the business or process of cleaning wearing apparel,
				cloth, fabrics, and textiles of any type or kind, by immersion and agitation,
				or immersion only, in a nonaqueous solvent applied by means of a mechanical
				appliance which may be loaded, activated, or unloaded by the
				customer.
3.2. Establishment -
				Means the area of an establishment which is available to customers in order
				that they may make use of a coin-operated dry cleaning machine.
3.3. Maintenance Area - Means those portions
				of an establishment in which all working or mechanical portions of the dry
				cleaning appliances and appurtenances, except the customer side of the
				appliance, are accessible.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establish the requirements that shall be applied to the use of
				sources of ionizing radiation to reduce, to an acceptable level, the risk that
				any person is likely to be injured by such radiation. This legislative rule is
				intended to be consistent with the recognized beneficial uses of sources of
				ionizing radiation. This legislative rule provides for the registration and
				applicable safety requirements of all sources of ionizing radiation including
				naturally occurring radioactive materials, accelerator produced radioactive
				material, and radiation producing equipment. This rule should be read in
				conjunction with the provisions of W. Va. Code §
									16-1-7
				et seq.
1.2. Authority. -- This
				legislative rule is issued under the authority of and are related to W. Va.
				Code §
									16-1-7
				of 1931, as amended.
1.3. Filing
				Date. -- June 8, 2001.
1.4.
				Effective Date. -- July 1, 2001.
1.5. Repeal of Former Rule. -- This
				legislative rule repeals and replaces WV 64 CSR 23 "Radiological Health Rule
				and Related Documents Filed in the Secretary of State's Office" filed January
				12, 1979 and effective May 1, 1979.
1.6. Refiling Date. -- This legislative rule
				were refiled pursuant to W. Va. Code §
									29A-2-5
				of 1931, as amended on the 30th day of December 1982, in the Secretary of
				State's office.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-2 - Application, Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - Except as otherwise specifically provided, this rule applies to
				all persons in West Virginia who receive, possess, use, transfer, own or
				acquire any source of ionizing radiation, however, nothing in this rule shall
				apply, except the provision for registration, to any person to the extent such
				person is subject to regulation by the United States Nuclear Regulatory
				Commission. For the purpose of this rule, radiation machines and radioactive
				materials used by, or in the possession of, an employee within the scope of his
				duties shall be considered to be in the possession of the employer. The
				provisions of Section 6. of this rule shall not be interpreted as limiting the
				intentional exposure of patients to radiation for the purpose of diagnosis or
				therapy by doctors of the healing arts, duly registered by the State of West
				Virginia and engaged in the lawful practice of their profession or administered
				by other professional persons acting under the direct supervision of a
				registered practitioner.
2.2.
				Enforcement - The enforcement of this legislative rule is vested with the
				Director of the West Virginia Department of Health or his lawful
				designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, these terms have the definitions set
				  forth below. Additional definitions used only in a certain part will be found
				  in that part.
3.1.
				A1 - the maximum activity of special form radioactive
				material permitted in a Type A package.
3.2. A2 - the maximum
				activity of radioactive material, other than special form radioactive material,
				permitted in a Type A package. These values are either listed in Table 64-23 Ee
				of this rule, Table 64-23 Ee a, or may be derived in accordance with the
				procedure prescribed in Table 64-23 Ee of this rule.
3.3. Absorbed Dose - the energy imparted by
				ionizing radiation per unit mass of irradiated material. The units of absorbed
				dose are the Gray (Gy) and the Rad.
3.4. Accelerator - any machine capable of
				accelerating electrons, protons, deuterons, or other charged particles in a
				vacuum and of discharging the resultant particulate or other radiation into a
				medium at energies usually in excess of one (1) MeV. For purposes of this
				definition, particle accelerator is an equivalent.
3.5. Accelerator Produced Material - any
				material made radioactive by exposing it in a particle accelerator.
3.6. Activity - the rate of disintegration or
				transformation or decay of radioactive material. The units of activity are the
				Becquerel (Bq) and the Curie (Ci).
3.7. Adult - an individual eighteen (18) or
				more years of age.
3.8. Agency -
				the West Virginia division of health.
3.9. Airborne Radioactivity Area - a room,
				enclosure, or area in which airborne radioactive materials exist in
				concentrations:
3.9.a. In excess of the
				derived air concentrations (DACS) specified in Table 64-23 F, Table i of this
				rule; or
3.9.b. To such a degree
				that an individual present in the area without respiratory protective equipment
				could exceed, during the hours an individual is present in a week, an intake of
				six tenths (0.6) percent of the annual limit on intake (ALI) or twelve (12) DAC
				hours.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-4 - Exemptions, Inspections, Tests, Violations, Impounding, Prohibitions and Communications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Exemptions - The agency may, upon application by any person or upon its own
				initiative, grant such exemptions or exceptions from the requirements of this
				rule as it determines are authorized by law and will not result in undue hazard
				to public health and safety or property.
4.1.a. Department of Energy contractors or
				subcontractor and Nuclear Regulatory Commission contractors or sub contractors
				of the following categories operating within this State are exempt from this
				rule to the extent that such contractor or subcontractor under his contract
				receives, possesses, uses, transfers, or acquires sources of
				radiation:
4.1.b. Prime contractors
				performing work for the department of energy at U.S. government-owned or
				-controlled sites, including the transportation of sources of radiation to or
				from such sites and the performance of contract services during temporary
				interruptions of such transportation;
4.1.c. Prime contractors of the Department of
				Energy performing research in, or development, manufacture, storage, testing,
				or transportation of, atomic weapons or components thereof;
4.1.d. Prime contractors of the department of
				energy using or operating nuclear reactors or other nuclear devices in a United
				States government-owned vehicle or vessel; and
4.1.e. Any other prime contractor or
				subcontractor of the Department of Energy or of the Nuclear Regulatory
				Commission when the State and the Nuclear Regulatory Commission jointly
				determine:
4.1.e.1. That the exemption of the
				prime contractor or subcontractor is authorized by law; and
4.1.e.2. That, under the terms of the
				contract or subcontract, there is adequate assurance that the work thereunder
				can be accomplished without undue risk to the public health and
				safety.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-23 - Radiological Health Rule › Section 64-23-5 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Purpose and
				Scope
5.1.a. This Section provides for the
				registration of sources of radiation and for the registration of persons
				providing radiation machine installation, servicing or services. The person
				having possession of any registrable item shall register such source of
				radiation with the agency in accordance with the requirements of this
				Section.
5.1.b. For the purpose of
				Section 5. of this rule, "facility" is the location at which one or more
				devices or sources are installed or located within one building, vehicle, or
				under one roof, and are under the same administrative control.
5.1.c. In addition to the requirements of
				this Section, all registrants are subject to the applicable provisions of other
				parts of this rule.
5.1.d. For the
				purpose of this rule, "storage" is a condition in which a device or source is
				not being used for an extended period of time, and has been made
				inoperable.