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 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general standards and procedures for the licensure
				of medical adult day care centers as a special type of ambulatory health care
				center. 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
				§§16-5B; 16-1-4(k)
1.3.
				Filing Date. -- June 4, 2009.
1.4.
				Effective Date. -- July 1, 2009.
1.5. Repeal and Replace Former Rule. -- This
				rule repeals and replaces Division of Health rule, Licensure of Medical Adult
				Day Care Centers 64CSR2, effective July 12, 1985.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to any individual person, association,
				partnership, corporation, whether for profit or not, local governmental unit or
				any division, department, board or agency thereof which shall establish,
				maintain or operate a medical adult day care center. A day care program
				maintained and operated by a nursing home, hospital or other licensed health
				care facility shall comply with this rule. Compliance with the standards in
				this rule shall be evaluated independently from compliance with other licensure
				standards and sharing of staff, space, physical facilities and equipment or
				other may be permitted only if the requirements of each applicable rule are
				satisfied in full.
2.2. Exceptions.
2.2.a. This rule shall not apply to three to
				eight hour service programs carried out by a behavioral health center licensed
				under Licensure of Behavioral Health Centers, West Virginia Department of
				Health Legislative Rules, Series 11, 1984, unless the behavioral health center
				program routinely offers medical treatment services in addition to those
				behavioral health services within the scope of that rule.
2.2.b. This rule shall not apply to day care
				programs for adults which are primarily social and recreational in nature, but
				which may occasionally offer medical screening clinics.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Abuse. - The
				infliction or threat to inflict injury, unreasonable confinement, misuse of
				physical or chemical restraints, intimidation, or punishment with resulting
				physical harm, pain, or mental anguish, including the following:
3.1.a. Mental Abuse. - Includes, but is not
				limited to, humiliation, harassment, threats of punishment or
				deprivation;
3.1.b. Physical Abuse.
				- Includes, but is not limited to, hitting, slapping, pinching, kicking or, use
				of controlling behavior through corporal punishment;
3.1.c. Sexual Abuse. - Includes, but is not
				limited to, harassment, coercion, or assault of a sexual nature; and
3.1.d. Verbal Abuse. - Includes, but is not
				limited to, the use of oral, written or gestured language in communicating with
				a participant or used within the participant's hearing regardless of the
				participant's age, ability to comprehend or disability that contains
				disparaging and derogatory terms.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-4 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General Licensing Provisions.
4.1.a. Before establishing, maintaining,
				offering, operating or advertising a medical adult day care center a person
				shall obtain a license authorizing the operation from the Secretary.
4.1.b. Each new applicant must be at least
				twenty-one years of age and must provide at least two letters of reference from
				reputable citizens with whom he or she is personally acquainted and who certify
				to his or her character and qualifications. If the applicant is an association,
				corporation or governmental unit, evidence shall be submitted to its members
				and the persons in charge.
4.1.c. A
				license is valid only for the person or organization and for the center named
				in the application and on the license, and is not transferable. After a license
				is issued, if there is any change in the name of the licensee or the name of
				the medical adult day care center, the licensee shall notify the Secretary
				immediately and no later than within fifteen (15) days.
4.1.d. If the licensee owns more than one
				medical adult day care center, each center shall have a separate
				license.
4.1.e. The words 'clinic,"
				'hospital," "residence" or any other words that suggest a type of facility
				other than a medical adult day care center may not be used in the name or the
				advertising of the center.
4.1.f.
				The licensee is responsible for compliance with this rule, the terms of the
				medical adult day care center's license, W. Va. Code §
										16-5B-1
				et seq., and other relevant federal, state, and local laws and agency policies
				and procedures.
4.1.g. The
				Secretary may issue an initial or a renewal license for a period not to exceed
				one year, unless if an applicant submits an application for renewal of a
				license currently in effect in accordance with this rule and W. Va. Code §
										16-5B-1
				et seq., together with the required fee. The license shall continue in effect
				until:
4.1.g.1. The thirtieth of June
				following the date of issuance unless continued pursuant to this rule and W.
				Va. Code §16-5B- et seq.;
4.1.g.2. The date of a revocation or
				suspension of the license pursuant to this rule and W. Va. Code §
											16-5B-1
				et seq., or
4.1.g.3. The date of
				issuance of a new license, whichever date occurs first.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-5 - Site Location, New Construction, Additions, Renovations and Alterations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				requirements of this section apply in total to all proposed medical adult day
				care facilities.
5.2. For new
				construction, additions, renovations, or alterations to existing centers, and
				before construction begins on a proposed center, the applicant shall submit a
				complete set of drawings and specifications for the architectural, structural,
				and mechanical work as follows:
5.2.a. An
				architect or engineer registered in West Virginia shall prepare, sign and seal
				the submitted set of construction drawings and specifications and submit one
				set of these documents to the Secretary and one set to the state fire marshal
				for approval. The registered architect or engineer shall also inspect the new
				center or the additions and renovations during the construction
				phase.
5.2.b. Unless substantial
				construction is started within one year of the date of approval of final
				drawings, the architect, engineer or applicant, whichever is applicable, shall
				obtain a written statement from the Secretary that the plan approval for
				construction is still valid and in compliance with this rule.
5.2.c. The Secretary shall inspect sites for
				all proposed centers and sites of additions or renovations to existing centers,
				prior to the applicant starting site development or initiating construction.
				Sites shall:
5.2.c.1. Have adequate drainage
				to divert surface water and be located in an area above the one hundred (100)
				year flood plain;
5.2.c.2. Have a
				water supply that is safe and sized to meet all center needs. Water supplies
				shall be installed, constructed, maintained, operated and monitored in
				compliance with Division of Health rules, Water Supply Regulations, 64CSR3,
				Water Well Regulations, 64CSR19, and Cross-Connection and Backflow Prevention
				Regulations, 64CSR15, as applicable; and
5.2.c.3. Have precautions to assure the
				participants' safety, if located near railroads, freight yards, traffic
				arteries or airports.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-6 - Administrative Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				General Administrative Requirements.
6.1.a.
				The licensee shall establish regular hours of operation of not less than four
				(4) hours per day and not more than fourteen (14) hours per day, a minimum of
				five (5) days per week. The center's hours of operation shall be during times
				that encompass a normal work week for participant's caregivers.
6.1.b. The licensee shall develop and adopt
				written policies and procedures that are consistent with this rule and specific
				to the medical adult day care center, governing the care and safety of
				participants, and all other policies and procedures required by this
				rule.
6.1.c. The licensee shall
				review all policies and procedures at least annually and shall sign and date
				the policies and procedures at the time of adoption, modification, and
				review.
6.1.d. The licensee shall
				have a copy of the policies and procedures available for review on request by
				employees, participants and the general public.
6.1.e. The licensee shall have a participant
				bill of rights, and rules of participation governing participant behavior and
				responsibilities, that are both in writing and consistent with this
				rule.
6.1.f. Unless otherwise
				approved in writing by the Secretary, a licensee shall not rent, lease or use
				any part of the center for any purpose other than the operation of a medical
				adult day care center.
6.1.g. Any
				individual, including an employee, or his or her spouse having a financial
				interest in the center shall not serve as a participant's legal
				representative.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-7 - Participant Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General
				Rights.
7.1.a. The licensee shall post in a
				conspicuous place the medical adult day care center's license, a copy of the
				participants' rights, the participant's responsibilities, and the phone numbers
				for the abuse hotline and the office of the licensing agency.
7.1.b. If a legal representative has been
				appointed for, or designated by, any participant as having the authority to
				exercise one (1) or more of the participants' rights for the participant, the
				licensee shall permit the legal representative to exercise the authority. If
				the legal representative exercises the authority for a participant, it shall be
				in a manner consistent with applicable federal and state laws. The licensee
				shall keep a copy of the document granting legal authority to a legal
				representative in the participant's record.
7.1.c. Nothing in this rule shall in any way
				be construed to diminish or deprive any individual of his or her rights under
				federal and state laws.
7.1.d. A
				participant has the right to be free from restraint, interference, coercion,
				discrimination or reprisal from the licensee in exercising his or her
				rights.
7.1.e. A participant has
				the right to be free from discriminatory practices related to admission or
				services on the grounds of race, religion, national origin, age, gender, sexual
				orientation or disability.
7.1.f. A
				participant has the right to view the results of inspections and complaint
				investigations conducted by the licensing agency. The licensee shall make
				available, in a place accessible to participants, the deficiencies cited during
				the most recent survey, any complaint investigation conducted within the
				preceding twelve (12) months, and the center's plan of correction.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-8 - Participant Services

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Admission and Discharge.
8.1.a. The licensee
				shall not admit to the medical adult day care center individuals requiring
				ongoing or extensive nursing care and shall not admit or retain individuals
				requiring a level of service that the center is not licensed to provide or does
				not provide.
8.1.b. The licensee
				shall seek immediate treatment for a participant or may refuse to admit or
				retain a participant if there is reason to believe that the participant may
				suffer serious harm, or is likely to cause serious harm to himself, herself or
				to others, if appropriate interventions are not provided in a timely
				manner.
8.1.c. If a participant has
				care needs that exceed the level of care for which the center is licensed or
				can provide, the licensee shall inform the participant, or his or her legal
				representative, of the need for discharge from the center.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-9 - Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The licensee
				shall provide an activity program designed to promote the highest level
				possible in all dimensions of life including physical, psychological, social,
				and spiritual, for each participant and shall consider individual differences
				in age, health status, sensory deficits, ethnicity, religious affiliation,
				values, needs, interests, abilities, and skills by providing opportunities for
				a variety of types and levels of involvement.
9.2. The activity director shall complete an
				assessment of each participant within fourteen (14) attendance days of
				admission to determine the participant's needs, capabilities, and interests and
				develop an individualized activity plan for the participant based on the
				results of this assessment. The activity director shall review participant
				activity needs at least quarterly and update the activity assessment as
				needed.
9.3. The center shall have
				a written plan for the center's activity and recreation program that shall
				include a variety of activities as appropriate to meet the individual needs of
				participants including but not limited to:
9.3.a. Social and interpersonal activities
				that provide opportunities for enjoyment and development of social
				relationships;
9.3.b. Diversional
				and recreational activities designed to emphasize individual accomplishment,
				provide diversion and aid in adjustment to long-term rehabilitation;
9.3.c. Opportunities for participation in
				volunteer service activities;
9.3.d. Intellectual activities designed to
				provide mental stimulation, learning and foster creativity;
9.3.e. Physical activities and exercise to
				promote physical functioning, mobility, strength and endurance;
9.3.f. Individual and group
				activities;
9.3.g. Activities
				appropriate for participants with Alzheimer's disease or a related dementia;
				and,
9.3.h. Rest periods in
				accordance with participant needs.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-10 - Dietary Services

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				licensee shall provide meals that are in substantial compliance with current
				Recommended Dietary Allowances of the Food and Nutrition Board of National
				Academy of Sciences, National Research Council, or as specified in this rule,
				except as ordered by a physician.
10.2. The licensee shall ensure that each
				participant is provided freshly prepared meals and snacks:
10.2.a. Each meal shall be equivalent to at
				least one third of the recommended daily dietary allowance as established by
				the Food and Nutrition Board of the National Academy of Sciences, National
				Research Council;
10.2.b.
				Participants attending four (4) hours or less shall be provided one (1)
				meal;
10.2.c. Participants
				attending the center five (5) to eight (8) hours per day shall be provided one
				(1) hot meal and two (2) snacks daily;
10.2.d. Participants attending the center
				more than eight (8) hours per day shall be provided two (2) hot meals and two
				(2) snacks daily;
10.2.e. Meals
				shall meet participant requirements for special diets, participant's needs and
				choices, as identified in his or her needs assessment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-11 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If the center
				provides transportation, all vehicles used for the transportation of
				participants shall be maintained in good operating condition in accordance with
				all applicable local, state and federal requirements.
11.2. There shall be sufficient staff present
				to ensure the safety of participants being transported by program
				vehicles.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-12 - Fire Safety and Emergency Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Fire Safety.
12.1.a. The licensee shall provide evidence
				of compliance with applicable rules of the state fire commission. The state
				fire marshal's and Secretary's written approval are required for any variation
				from compliance with the fire code.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-13 - Physical Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Physical Facilities and Equipment.
13.1.a. The
				licensee of a medical adult day care center built, renovated or altered after
				the effective date of this rule shall maintain the center in accordance with
				the requirements of Subsection 5 of this rule.
13.1.b. The licensee shall maintain the
				building, grounds and equipment in a clean, safe and sanitary condition at all
				times.
13.1.c. The licensee shall
				provide storage facilities that prevent contamination of food and supplies
				intended for human consumption.
13.1.d. The licensee shall store only those
				articles necessary for the operation and maintenance of the center on the
				premises.
13.1.e. The licensee
				shall establish and conduct a program of preventive maintenance for all
				equipment as recommended by the manufacturer.
13.1.f. The licensee shall keep the center
				free of insects, rodents and vermin.
13.1.g. Any method of extermination of
				insects, rodents and vermin used by the licensee in the center shall not create
				a fire or health hazard.
13.1.h.
				The center shall have a heating system capable of maintaining a temperature in
				all rooms used by participants of at least seventy-two degrees Fahrenheit
				(72°F).
13.1.i. The center
				shall have cooling devices or a system so that inside temperatures do not
				exceed eighty degrees Fahrenheit (80°F). Acceptable cooling devices
				include, but are not limited to, air conditioners, electric fans and heat
				pumps.
13.1.j. The staff call
				system shall be maintained operational at all times.
13.1.k. The Secretary may require the
				licensee to provide alarm systems for participant safety if a participant
				exhibits potentially harmful behaviors such as wandering from the
				center.
13.1.l. The center shall
				have space for the storage of linens, maintenance and housekeeping supplies,
				and equipment.
13.1.m. The center
				shall provide a storage area for individualized storage of participant clothing
				and personal belongings.
13.1.n.
				The center shall assure that oxygen being stored, handled or delivered for
				participant use complies with the safety requirements as specified by the
				National Fire Protection Association (NFPAA) 99.
13.1.o. The licensee shall ensure that every
				closet door latch can be readily opened from inside in case of
				emergency.
13.1.p. The licensee
				shall ensure that windows have curtains, shades, or blinds that may be opened
				and closed and are kept clean and in good repair.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-14 - Penalties, License Restrictions and Revocations

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The Secretary may suspend or revoke a
				medical adult day care center license according to the provision of Chapter 16,
				Article 5B, Section 6 or the West Virginia Code.
14.2. The Secretary may refuse to grant a
				license or may revoke a license if he or she determines that there has been
				subterfuge or other dishonest action in applying for an initial or renewal
				license.
14.3. When the Secretary
				takes action pursuant to the suspension or revocation of a license issued under
				this rule, he or she shall comply with the requirements and procedures
				specified by Chapter 16, Article 5B, Section 6 of the West Virginia
				Code.
14.4. Anyone who violates the
				provisions of W. Va. Code §
									16-5B-1
				et seq. and this rule is subject to the penalties provided in W. Va. Code
				§
									16-5B-11.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-02 - Licensure Of Medical Adult Day Care Centers › Section 64-2-15 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Administrative due process and remedies for actions taken pursuant to this rule
				or W. Va. Code
				16-5B-1
				et seq. are as provided by this rule, by applicable statutes, and in the West
				Virginia Division of Health Procedural Rules, 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 64-03 - Public Water Systems › Section 64-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes state standards and procedures and adopts national
				drinking water standards for public water systems and public water utilities.
				It establishes standards for the production and distribution of bottled
				drinking water, and also adopts federal standards for the certification of
				laboratories performing analyses of drinking water. This rule should be read in
				conjunction with W. Va. Code §
									16-1-9,
				§
									16-1-9a,
				§
									16-1-9c,
				and §
									16-1-9d.
				The W.Va. Code is available in public libraries and on the Legislature's web
				page, www.wvlegislature.gov.
1.2.
				Authority. -- W. Va. Code §
									16-1-4,
				§
									16-1-9,
				§
									16-1-9a,
				§
									16-1-9c,
				and §
									16-1-9d.
1.3. Filing Date. -- April 15,
				2020.
1.4. Effective Date. -- April
				15, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on April 15,
				2025.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. - This rule applies to public drinking water systems, public water
				utilities, to bottled water treatment plants and distributors, and to
				laboratories desiring certification to perform analytic tests of drinking
				water.
2.2. Enforcement. - This
				rule is enforced by the Commissioner of the Bureau for Public Health or his or
				her designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-4 - Public Water System Construction, Alteration or Renovation; Standards; Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				person shall not construct, alter, renovate, or award a contract for any
				construction, alteration or renovation of a public water system without
				obtaining a permit from the commissioner.
4.2. Application for a permit to construct,
				alter or renovate shall be made to the commissioner on forms prescribed by the
				commissioner at least 45 working days prior to the date on which approval by
				the commissioner is desired. The application shall be accompanied by an
				engineering report, maps, and detailed plans and specifications of the proposed
				construction, alteration, or renovation prepared by or under the direction of a
				registered professional engineer.
4.3. The commissioner may revoke a permit to
				construct, alter, or renovate for failure of the public water system to comply
				with this rule.
4.4. A permit to
				construct, alter, or renovate is valid for five years from the date of
				issuance.
4.5. The public water
				system shall be constructed, altered, or renovated in accordance with the plans
				and specifications approved by the commissioner in accordance with the Bureau
				for Public Health rule, "Public Water System Design Standards,"
				64CSR77.
4.6. To the extent
				practical, all new or expanded facilities shall be located outside the
				hundred-year flood plain.
4.7. The
				commissioner may issue an order requiring a change in the source of the water
				supply for the system or in the manner of collection, treatment, storage, or
				distribution before delivery to the consumer as may be necessary to safeguard
				the public health.
4.8. A permit to
				construct, alter, or renovate is not required for any minor addition to, or
				alteration or renovation of an existing public water system which will not
				significantly affect the quality or quantity of the water supply service
				rendered. The work shall be done in accordance with the provisions of the
				Bureau for Public Health rule, "Public Water System Design Standards,"
				64CSR77.
4.9. A public water system
				shall submit a written description of the proposed additions, alterations, or
				renovations to the commissioner no less than 10 working days prior to
				implementing the additions, alterations, or renovations under this provision.
				The commissioner shall notify the system whether the proposed additions,
				alterations or renovations qualify under this provision within five working
				days of receipt of the description.
4.10. All public water supply systems using a
				raw water source which is open to the atmosphere or subject to surface runoff
				shall, at a minimum, provide filtration treatment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-5 - Permit to Operate a Public Water System

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A public water system shall be operated
				in accordance with this rule and the federal regulations adopted in this
				rule.
5.2. The commissioner will
				develop a program for the issuance of a permit to operate a public water
				system. The permit is renewable annually and may be revoked for failure to
				comply with the requirements of this rule or the federal standards adopted in
				this rule. The commissioner will administer the permit program uniformly and
				will not grant a permit until after he or she has completed a sanitary
				survey.
5.3. In the event of a
				proposed change in the ownership of a public water system, the new owner shall
				submit a written application to the commissioner at least 15 working days
				before the proposed change to transfer the permit to operate.
5.4. The current permit to operate shall be
				posted in a conspicuous place at the public water system's treatment plant or
				main office.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-6 - Inspections and Sanitary Surveys of Public Water Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The commissioner shall inspect public
				water systems and conduct sanitary surveys in accordance with the federal
				regulations adopted in this rule.
6.2. The commissioner has the right of access
				to all parts of a public water system. The public water system shall furnish
				the commissioner access to all information and records required to be kept by
				this rule and the federal regulations adopted in this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-7 - Public Water System Disinfection Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Disinfection with chlorine, chlorine
				dioxide, chloramine, or ozone is required of all public water systems, provided
				the requirements of subsection 7.6. of this section are met.
7.2. The disinfectant shall be applied during
				treatment at a point before entering the distribution system which will provide
				effective log removal.
7.3. Ground
				water systems shall install chemical disinfection to provide at least a
				four-log virus inactivation or removal before or at the first customer, for any
				ground water source. Monitoring requirements are the same as the federal
				regulations adopted in this rule.
7.4. Surface water systems and groundwater
				systems under the direct influence of surface waters shall meet the
				disinfection requirements of the federal regulations adopted in this
				rule.
7.5. Chlorine residual
				testing equipment shall enable measurement of free and total chlorine residuals
				to the nearest 0.2 milligrams per liter.
7.6. For all public water systems, at least
				0.2 milligrams per liter of total chlorine residual shall be maintained
				throughout the distribution system at all times and shall measure the total
				chlorine residual at least one time per day when serving water to the public
				and report the results in accordance with section 12 of this rule.
7.7. The commissioner may authorize
				exceptions, in writing, in the chlorine disinfection parameters specified in
				this section. The commissioner may impose additional monitoring requirements if
				an exception is authorized.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-8 - Public Water System Fluoridation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A public water system which artificially
				adjusts fluoride levels shall strive to maintain those levels between 0.6
				milligrams per liter and 0.8 milligrams per liter. The optimum target
				concentration for artificially adjusted fluoride is 0.7 milligrams per liter.
				If the drinking water of a public water system is found to be outside of the
				0.6 to 0.8 milligrams per liter range, the public water system shall make any
				treatment or operational changes necessary to return the fluoride level to
				within the range within 24 hours of receiving the analytical result unless
				doing so is impracticable, in which case, the correction shall be made as soon
				as possible. A public water system shall identify in its annual report to the
				bureau the date and time of each instance where the fluoride levels were found
				to be outside the target range and how long it took to implement responsive
				adjustments.
8.2. The drinking
				water of artificially adjusted fluoridated or defluoridated public water
				systems shall be monitored once each day for fluoride concentration. Records of
				the monitoring shall be maintained in accordance with sections 9 and 10 of this
				rule.
8.3. At least once a month,
				any public water system that artificially adjusts the fluoride concentrations
				shall submit a sample of drinking water to the Commissioner or to a certified
				laboratory for fluoride analysis.
8.4. A public water system may adjust
				fluoride concentration levels or dosage rates in accordance with subsection
				8.1. without the prior written approval of the commissioner.
8.5. A public water system may not modify the
				chemical composition or additives for water fluoridation, or discontinue
				fluoridation of drinking water, without the prior written approval of the
				commissioner.
8.5.1 Upon written request, the
				commissioner may authorize a modification to the chemical composition or
				additives for water fluoridation, or the discontinuance of fluoridation of
				drinking water.
8.5.2 In the event
				the commissioner approves a modification or discontinuance pursuant to this
				subsection, the commissioner may also impose additional monitoring
				requirements.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-9 - Public Water System Control Tests and Record Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
A public water system shall retain records of
				  microbiological, turbidity, radiological, and chemical analyses, or a summary
				  of the records, at a convenient location on or near the premises of the public
				  water system, in accordance with the federal regulations adopted in this rule.
				  The commissioner shall certify a laboratory or laboratories to conduct all
				  tests and analyses required by this rule or the federal regulations adopted in
				  this rule, with the exception of on-site water system operational tests. The
				  public water system shall retain monthly operational reports, containing the
				  information required to be submitted under subsection 12.4. of this rule, for
				  five years.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-10 - Adoption of Federal Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The following federal regulations are
				hereby adopted by reference:
10.1.1. National
				Primary Drinking Water Regulations, 40 CFR Part 141, with the exception of the
				monitoring reduction provisions of Subpart Y, the specific portions of Subpart
				Y which are not being adopted by reference in this rule are as follows:
10.1.1.a. In
				40
				CFR §
												141.854(c) (2),
				the last three sentences, beginning with "The State may not allow systems to
				begin less frequent monitoring" ...through the end of that
				subsection;
10.1.1.b. In
				40
				CFR §
												141.854, sections (d), (e) and (h)
				in their entirety;
10.1.1.c. In
				40
				CFR §
												141.854(i) (2)
				the portion of the sentence that reads "unless it meets the criteria in
				paragraphs (i) (2) (i) through (iii) of the section to be eligible for
				monitoring less frequently than monthly";
10.1.1.d. In
				40
				CFR §
												141.854(i) (2)
				the portion of the sentence that reads "unless it meets the criteria in
				§141.854 (i) (2) (i) through (iii) of this section to be eligible for
				monitoring less frequently than monthly";
10.1.1.e. In
				40
				CFR §
												141.854(i) (2)
				(i) thru (iii) in their entirety;
				and
10.1.1.f. In
				40
				CFR §
												141.855(c) (2), (d), (e) and
				(f) in their entirety.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-11 - Bottled Water Treatment Plants and Distributors

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No person shall operate a bottled water
				treatment plant in this state without first receiving from the commissioner a
				permit to bottle and distribute water.
11.2. No person shall distribute bottled
				water in this state without first receiving from the commissioner a permit to
				distribute bottled water.
11.3.
				Application for a permit to bottle and distribute water shall be made to the
				commissioner on forms prescribed by the commissioner. A completed application
				and a set of plans and specifications for the treatment plant shall be
				submitted to the commissioner for approval at least 45 working days prior to
				the date on which a permit from the commissioner is desired.
11.4. The source of the water to be bottled
				and the bottled water shall comply with Beverages, 21 CFR § 165 final
				regulations promulgated and published as final rules prior to the adoption of
				this rule, with the exception of sections 165.3(b), 165.110(a)(2)(ii).
11.4.1. The name of the water from a
				subsurface saturated zone that is under a pressure equal to or greater than
				atmospheric pressure is "ground water." Ground water found to be under the
				direct influence of surface water as defined in
				40
				CFR §
											141.2, as adopted by this rule,
				shall be treated by a method approved by the commissioner.
11.4.2. The bottler shall conduct
				microbiological monitoring not less than weekly on the finished
				product.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-12 - Public Water System Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Unless otherwise specified in this rule
				or the federal regulations adopted in this rule, a public water system shall
				report to the commissioner the results of any test, measurement or analysis
				required to be made by this rule or the federal regulations adopted in this
				rule within 40 days of the system's receipt of the test, measurement or
				analysis.
12.2. A public water
				system shall submit a summary of the public water system operation, test data
				and other information as may be required by the commissioner to the
				commissioner at least once each month. The Commissioner may require more
				frequent reports in cases where there are public health concerns.
12.3. All reports and summaries required by
				this rule or federal regulations adopted in this rule shall be submitted in a
				manner or form approved by the commissioner.
12.4. A public water system shall distribute
				a public notice for any failure to comply with this rule or the federal
				regulations adopted in this rule. The content, distribution, recordkeeping and
				reporting of the public notification shall be performed in a time and manner as
				specified in the federal rules adopted, by reference, in this rule with the
				exception of Tier 1 public notices. For Tier 1 public notices, the time
				required for initial public notices and consultation with the state shall be as
				soon as possible, but no more than 12 hours.
12.5. A public water system shall report to
				the commissioner any proposed long-term or permanent changes to their water
				treatment process, such as a change in fluoridation or changes in the chemicals
				used in the treatment process, in writing at least 60 days prior to the planned
				date of implementation, to allow for an evaluation of the change in water
				quality to the consumers.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-13 - Certification of Laboratories to Conduct Drinking Water Tests

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All
				laboratories providing drinking water testing results for purposes of this rule
				or the federal regulations adopted by this rule shall be certified by the
				commissioner or by the federal Environmental Protection Agency.
13.2. A certified laboratory shall:
13.2.1. Comply with the requirements and
				criteria contained in the federal Environmental Protection Agency's Manual for
				the Certification of Laboratories Analyzing Drinking Water, Fifth Edition, EPA
				815-R-05-004, January 2005, Supplement I to the Fifth Edition of the Manual to
				the Certification of Laboratories Analyzing Drinking Water, EPA 815-F-08-006,
				June 2008, Supplement II to the Fifth Edition of the Manual to the
				Certification of Laboratories Analyzing Drinking Water, EPA 815-F-12-006,
				November 2012. In addition, before an analyst is permitted to do any regulatory
				compliance samples for chemistry, the Demonstration of Capability (DOC)
				required by each method must be completed. If there are no DOC requirements in
				the method, the following are guidelines to be used: At a minimum, the DOC
				shall include four replicates of a quality control or reference sample which
				must be processed through all steps of the analytical procedure and evaluated
				against laboratory derived acceptance limits. In addition, precision and
				accuracy must be established if more than one sample preparation technique is
				used;
13.2.2. Comply with the
				requirements of this rule and hold a certificate of recognition from the
				National Environmental Laboratory Accreditation Program (NELAP) for the
				analysis of drinking water; or
13.2.3. Any other accreditation determined to
				be equivalent 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 64-03 - Public Water Systems › Section 64-3-15 - Wellhead and Source Water Protection Grant Program

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The commissioner shall continue the
				Wellhead and Source Water Protection Grant Program.
15.1.1. The fund heretofore created to
				provide funds for the Wellhead and Source Water Protection Grant Program is
				continued in the state treasury and shall be known as the Wellhead and Source
				Water Protection Grant Fund.
15.1.2. The fund will be administered by the
				commissioner and shall consist of all moneys made available for the program
				from any source, including, but not limited to, all fees, civil penalties and
				assessed costs, all gifts, grants, bequests or transfers from any source, any
				moneys that may be appropriated and designated for the program by the
				Legislature and all interest or other return earned from investment of the
				fund.
15.1.3. Expenditures from the
				fund shall be for the purposes set forth in this rule to provide water source
				protection pursuant to the program and are not authorized from collections but
				are to be made only in accordance with appropriation by the Legislature and in
				accordance with the provisions of W.Va. Code §
										12-3-1
et seq.
and upon the fulfillment of the provisions set forth
				in W.Va. Code §
										11B-2-1
et
				seq
.
15.1.4. Any balance,
				including accrued interest and other returns, remaining in the fund at the end
				of each fiscal year shall not revert to the General Revenue Fund but shall
				remain in the fund and be expended as provided by this section.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-03 - Public Water Systems › Section 64-3-16 - Source Water Protection Plan Submission Schedules and Watershed Descriptions

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				commissioner may organize the public water utilities required to submit Source
				Water Protection Plans (SWPP) under this rule by watersheds. Grouping the
				public water utilities in this manner will enhance protection of the public
				water supply by looking at the potential sources of significant contamination
				(PSSC) across the entire watershed to protect all downstream uses of water from
				any contamination occurring upstream.
16.2. To better manage the state's streams,
				the state is divided into 32 HUC-8 watersheds by the West Virginia Department
				of Environmental Protection. Those streams are further consolidated into one of
				five hydrologic regions (Regions 1 - 5). All source water streams that provide
				intakes for public water utilities are assigned to one of the five regions for
				purposes of collecting and reviewing the SWPP submitted by public water
				utilities in each watershed.
16.3.
				The watershed designations are as follows:
16.3.1. Region 1 Watershed - Contains the
				Upper Ohio North, Upper Ohio South, Middle Ohio North, Middle Ohio South and
				Little Kanawha HUC-8 watersheds.
16.3.2. Region 2 Watershed - Contains the
				Dunkard, Monongahela, West Fork, Tygart Valley, Cheat and Youghiogheny HUC-8
				watersheds.
16.3.3. Region 3
				Watershed -Contains the North Branch Potomac, South Branch Potomac, Cacapon,
				Shenandoah Hardy, Potomac Direct Drains and Shenandoah Jefferson HUC-8
				watersheds.
16.3.4. Region 4
				Watershed - Contains the Lower Kanawha, Upper Kanawha, Elk, Gauley, Greenbrier,
				Coal, Lower New, Upper New, and James HUC-8 watersheds.
16.3.5. Region 5 Watershed - Contains the
				Lower Ohio, Lower Guyandotte, Upper Guyandotte, Big Sandy, Twelvepole and Tug
				Fork HUC-8 watersheds.