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 64-75 - Residential Care Communities › Section 64-75-9 - Dietetic Services

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				General.
9.1.a. The licensee shall ensure
				that each resident is offered at least three (3) freshly prepared meals daily,
				seven (7) days a week and special diets and snacks which meet resident needs
				and choices, as identified in his or her needs assessment. Residents= meals
				shall be 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. (Class II)
9.1.b. When
				therapeutic or modified diet services are provided by the residential care
				community, a physician's order for each diet and the meal pattern, including
				types and amounts of food to be served, shall be on file. Therapeutic or
				modified diets, as recommended by the physician, shall be prepared according to
				written instructions obtained from the resident's physician or dietitian. At no
				time shall a resident be offered less than one thousand four hundred (1,400)
				calories daily, unless specifically ordered by a physician. (Class I)
9.1.c. The residents shall be offered a
				variety of foods at meals as follows:
9.1.c.1. At breakfast: fruit or juice;
				cereal, whole grain or enriched bread product; and Grade A vitamin D milk;
				(Class III) and
9.1.c.2. At noon
				and evening meals: protein sources, such as meat, poultry, fish, eggs, cooked
				dried legumes, cheese or peanut butter; vegetable or fruit; whole grain or
				enriched grain food products; and Grade A vitamin D milk. (Class III)
9.1.d. Each resident shall be
				weighed upon admission and monthly and provided with the amount of food and
				fluid on a daily basis necessary to maintain his or her appropriate minimum
				average weight. (Class III)
9.1.e.
				The licensee shall encourage resident participation in menu planning and shall
				serve meals at times mutually agreed upon by residents in the home with
				consideration of individual resident preferences. (Class III)
9.1.f. The licensee shall accommodate
				residents who are unable to eat at the planned mealtime and provide for a meal
				substitution if the resident does not tolerate the foods planned for the meal.
				(Class II)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-10 - Fire Safety, Disaster and Emergency Preparedness

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Fire Safety.
10.1.a. The licensee shall provide evidence
				of compliance with applicable rules of the State fire commission. The state
				fire marshal's written approval is required for any variation to compliance
				with the fire code, and the variation shall be coordinated with the secretary.
				(Class I)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-14 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Administrative due process and remedies for actions taken
				  under W. Va. Code ''16-5N-1 et seq. and this rule shall be in accordance with
				  the Division of Health Procedural Rule, Rules of Procedure for Contested Case
				  Hearings and Declaratory Rulings, 64 CSR 1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes specific standards and procedures concerning
				selective testing for tuberculosis of school children and school personnel;
				tuberculosis (TB) control in state institutions including reporting of
				admissions, forms for committing patients, maintenance of patients; standards
				concerning registration of cases by the Department of Health and Human
				Resources; Bureau for Public Health procedures when a patient is a health
				menace to others; and procedures for immediate involuntary commitment. This
				rule should be read in conjunction with
W.Va. Code
§
				16-3D-1,
et seq.
1.2. Authority. -
W.Va. Code
§ 16-3D-9.
1.3. Filing Date. -
				April 28, 2016
1.4. Effective Date.
				- July 1, 2016
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule applies to public health officers, health care
				providers and facilities, mental health officials and facilities and magistrate
				and circuit court officials.
2.2.
				Enforcement - This rule is enforced by the Commissioner of the Bureau for
				Public Health or his or her lawful designee and the circuit or magistrate court
				system.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Bureau" means
				the Bureau for Public Health.
3.2.
				"Case" means an occurrence of disease in human or animal which meets a specific
				case definition listed in the West Virginia Reportable Diseases Protocol Manual
				or a case definition approved by the Commissioner.
3.3. "Commissioner" means the Commissioner of
				the Bureau for Public Health.
3.4.
				"Commit" or "commitment" means to place officially in confinement or custody,
				as in official confinement in a prison, mental hospital or
				institution.
3.5. "Confirmed" means
				a case that meets the clinical case definition or is laboratory
				confirmed.
3.6. "Contact" means a
				person who has been exposed to
M. tuberculosis
infection by
				sharing air space with a person with infectious tuberculosis.
3.7. "Contact Investigation" means procedures
				that occur when a case of infectious tuberculosis is identified, including
				finding contacts exposed to the case, testing and evaluation of contacts to
				identify Latent Tuberculosis Infection (LTBI) or tuberculosis disease and
				treatment of these contacts, as indicated.
3.8. "Department" means the Department of
				Health and Human Resources.
3.9.
				"Division" means the Division of Tuberculosis Elimination.
3.10. "Diagnosis of tuberculosis" means a
				determination of tuberculosis based on:
3.10.a. Laboratory criteria for diagnosis:
3.10.a.1. Isolation of
M.tuberculosis
from a clinical specimen;
3.10.a.2. Demonstration of
M.tuberculosis
from a clinical specimen by nucleic acid
				amplification test; or
3.10.a.3.
				Demonstration of acid-fast bacilli in a clinical specimen when a culture has
				not been or cannot be obtained.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-4 - Report of Admissions, Registration by Bureau for Public Health

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any
				institution admitting a patient diagnosed with or suspected of having
				tuberculosis, shall report that admission within ten days to the
				Division.
4.2. The institution
				shall make available to the Bureau any patient-related records, reports, and
				other data pertaining to confirmed and suspected tuberculosis patients,
				required to: confirm the diagnosis; monitor treatment; follow up on contacts;
				provide tuberculosis surveillance in the community; or to initiate actions to
				protect others in the community from risk of disease.
4.3. The institution shall report the death,
				discharge, and transfer of any patient with tuberculosis to the
				Division.
4.4. The Division will
				maintain a current registry of all verified cases of tuberculosis.
4.5. The Bureau or its designee may release
				tuberculosis related information regarding a patient for the following
				purposes:
4.5.a. To allow for the diagnosis,
				treatment and monitoring care by the original reporting source and other health
				providers in charge of the patient's care or in charge of the patient's
				contact's care;
4.5.b. To identify
				a specific patient to the Division of STD, HIV, Hepatitis in the Bureau to
				compare registries to assist in case finding, and patient care; and
4.5.c. To allow for the diagnosis, treatment
				and monitoring of care by tuberculosis control programs in other states for the
				patient who has relocated to another state and for the patient's contacts who
				live in another state who are under a health care provider's care.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-5 - Selective Testing of School Children and School Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Students who
				are identified with, or are suspected of, active tuberculosis will be
				temporarily removed from school while their case is reviewed and evaluated by
				their personal physician and the local health officer. Student may only return
				to school after their personal physician and the local health officer, in
				consultation with the Commissioner, make a finding that it is safe and
				appropriate for the student to do so.
5.2 School personnel who are identified with,
				or suspected of, active tuberculosis will be placed on temporary suspension
				from their employment until the local health officer, in consultation with the
				Commissioner, makes a finding that it is safe and appropriate, for the employee
				to return to work.
5.3. The
				Commissioner may require selective testing of students and school personnel for
				tuberculosis:
5.3.a. When the student or
				school personnel have traveled to a TB endemic country;
5.3.b. When the student or school personnel
				have signs and symptoms indicative of TB;
5.3.c. As part of a contact investigation;
				or
5.3.d. At any time there is
				reason to suspect an exposure to TB has occurred.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-6 - Forms for Admitting and Committing Patients; Other Records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Protocols for
				appropriate state institution admissions are available from the Division at:
Division of Tuberculosis Elimination
WVDHHR/BPH/OEPS
350 Capitol St. Room 125,
Charleston, WV 25301
or online at:
http://www.dhhr.wv.gov/oeps/tuberculosis/Pages/default.aspx
6.2. Application forms for the voluntary
				admission of a patient to an institution for the care and treatment of
				tuberculosis are available from the Bureau and the institution. The patient's
				attending physician shall submit the forms and any medical reports, such as
				X-ray and sputum reports to the local health department. The local health
				department shall then submit forms to the Division for review and
				approval.
6.3. For involuntary and
				immediate involuntary commitment of a patient to an institution equipped for
				the care and treatment of tuberculosis, the Commissioner, or the local health
				officer as the Commissioner's designee, or another designee of the Commissioner
				will sign a completed form, and submit the form to the prosecuting attorney for
				petition to the circuit court, or magistrate court in the circuit judge's
				absence.
6.4. The institution shall
				keep a case record for each patient. If the patient is transferred, the
				institution shall forward a copy of the patient's record to the institution to
				which the patient is being transferred. If the patient is discharged, the
				institution shall forward a copy of the patient's record to the local health
				department.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-7 - Active Disease and Latent TB Infection Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Every health care provider, public
				health officer and every chief medical officer having charge of any hospital,
				clinic or other similar public or private institution in the State, shall
				immediately telephone the local health department and report the name, age,
				sex, race, home address and type of disease of any person with a diagnosis of,
				or who is suspected of having, tuberculosis. Reporting forms for persons with
				latent tuberculosis infection and for persons with active tuberculosis disease
				are available from the Bureau's tuberculosis control program at: Division of
				Tuberculosis Elimination, WVDHHR/BPH/OEPS, 350 Capitol Street, Room 125,
				Charleston, WV 25301 or online at:
http://www.dhhr.wv.gov/oeps/tuberculosis/Pages/default.aspx
7.2. The health care provider reporting under
				subsection 7.1. of this section shall also submit a written report on forms
				made available by the Bureau to the local health department in the patient's
				county of residence within twenty four (24) hours of a diagnosis of
				tuberculosis or upon suspicion that a person has tuberculosis.
7.3. The health care provider shall submit
				updates of patient's progress or lack of progress, including, but not limited
				to, the latest bacteriology results of cultures, any development of drug
				resistance, the most recent chest x-ray results, clinical symptoms and
				treatment to the local health department.
7.4. The health care provider shall report
				any screening of contacts, with the names and addresses and results of the
				screening tests of the contacts, to the local health department. Also, the
				health care provider shall report to the local health department the names of
				contacts of cases that did not return for follow up for necessary
				interventions.
7.4.a. The local health officer
				in the patient's county of residence shall meet with the contact to determine
				why the contact has not returned for follow up.
7.4.b. The local health officer may request
				an opportunity to perform a medical evaluation on the contact.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-8 - Procedure When Patient Is a Health Menace to Others

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A health care provider shall consider a
				patient non-adherent if the patient is unable or unwilling to report for
				medical examinations or is unable or unwilling to adhere to prescribed
				treatment, such as refusing to take medications or showing other evidence of
				not taking medications as prescribed,
e.g.,
failure to
				cooperate with DOT, an incorrect pill count, or a urine test showing no
				evidence of drug metabolites.
8.2.
				Any health care provider who is aware of a non-adherent tuberculosis patient
				shall contact the local health officer for necessary interventions. The local
				health officer:
8.2.a. Shall meet with the
				patient to determine why the patient is non-adherent to therapy;
8.2.b. May request an opportunity to examine
				the non-adherent patient;
8.2.c.
				May offer the non-adherent patient a course of treatment;
8.2.d. May prescribe DOT for the non-adherent
				patient; and
8.2.e. May institute
				proceedings for involuntary commitment or emergency involuntary commitment of
				the non-adherent patient, if, in the judgment of the health officer, the
				measures are necessary to protect 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 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-9 - Procedures for Immediate Involuntary Commitment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. When a patient has been determined by
				the Commissioner or by the local health officer as the Commissioner's designee,
				or by another designee of the Commissioner, to meet the criteria set forth in
				section 8 of this rule for commitment to an institution, but also has
				demonstrated uncooperative and irresponsible behavior with regard to isolation
				or safety measures and presents a health threat to others, the Commissioner
				will consider him or her for immediate commitment to an institution equipped
				for the care and treatment of tuberculosis.
9.2. The Commissioner, or his or her
				designee, will complete an application for hearing and deliver it to the
				prosecuting attorney, of the county in which the patient resides, for
				petitioning the circuit court, or in the judge's absence, for petitioning the
				magistrate court. The application will contain facts which establish reasons
				for the commitment.
9.3. If in the
				absence of the circuit judge, the magistrate finds that immediate detention is
				necessary, the magistrate may issue an order for the patient to be temporarily
				detained in isolation for up to twenty-four (24) hours until an application can
				be presented to the circuit court, or if requested by the patient or his or her
				counsel, temporary detention may be extended up to an additional forty-eight
				(48) hours.
9.4. The patient must
				be detained in a room separate from others with separate ventilation, such as a
				hospital isolation negative air flow room, a jail where no other inmates are
				housed at the time or a motel room with separate air conditioning to the
				outside. The patient must wear a surgical mask or cover his or her mouth with
				tissues to contain cough secretions to reduce any transmission. The patient
				should wear a surgical mask or cover their mouth with tissue at all times when
				out of the isolation room. Persons in contact with the patient should wear
				respiratory protection as stated in subsection 8.11. of this rule.
9.5. Proceedings will be instituted for
				involuntary commitment as provided in section 8 of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-10 - Transportation of Persons

Current through Register Vol. XLI, No. 28, July 12, 2024
Local Health Departments are responsible for coordinating the
				  transportation of persons with tuberculosis to the appropriate hospital or
				  institution.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-76 - Tuberculosis Testing, Control, Treatment and Commitment › Section 64-76-11 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person adversely affected by the enforcement of this rule
				  desiring a contested case hearing to determine any rights, duties, interests or
				  privileges must do so in the manner prescribed in the Bureau procedural rule,
				  Rules 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 64-77 - Public Water Systems Design Standards › Section 64-77-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				State of West Virginia provides for the regulation of public water supplies to
				promote and protect the public health by having the public served safe and
				potable water. The West Virginia Department of Health and Human Resources,
				Bureau for Public Health is empowered to adopt rules to implement the intent of
				the law.
1.1.a. This rule has been prepared
				to assist professional engineers responsible for the design and construction of
				public water supply systems. The design of these facilities shall not be
				limited by minimum requirements, but shall meet the needs of the particular
				situation. Nothing in this rule shall be construed as preventing the consulting
				engineer from recommending, or the West Virginia Department of Health and Human
				Resources (DHHR), Bureau for Public Health, from approving, more effective
				treatment where local conditions dictate such action.
1.1.b. The West Virginia DHHR, Bureau for
				Public Health (hereinafter BPH), requires that the applicant or the applicant's
				engineer submit reliable engineering data and a report if new or innovative
				technology is proposed. The BPH may permit an experimental installation. The
				BPH shall require the experimental installation to be replaced by a
				conventional installation, if the experimental installation fails to produce
				satisfactory results, as determined by the BPH.
The Recommended Standards for Water Works, 2007 Edition of
				  the Great Lakes - Upper Mississippi River Boards of State Sanitary Engineers
				  were used as a guide for this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-77 - Public Water Systems Design Standards › Section 64-77-3 - Submission of Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General.
				-- The applicant or the applicant's engineer shall submit all reports, final
				plans and specifications, in the time frame noted in the Bureau for Public
				Health rule, Public Water System, 64CFR3, prior to the date on which action by
				the BPH is desired. For public water system wells, if emergency conditions
				prohibit meeting the permit application requirements, the applicant, the
				applicant's engineer, or the West Virginia Certified Water Well Driller that
				drilled the well shall notify the BPH by facsimile, email or telephone within
				five (5) calendar days after the emergency well is drilled. Emergency
				conditions exist when public water systems experience source water outages, low
				source water quantity due to drought or source water failure to produce enough
				water for daily demands, or existing source water sudden contamination by a
				regulated contaminant in which the maximum contaminant level is exceeded. For
				emergency wells, the applicant or the applicant's engineer shall submit the
				permit application within thirty (30) calendar days after the well is drilled.
				Emergency wells shall meet all of the requirements of this rule and shall be
				drilled by a West Virginia Certified Water Well Driller. Permits for
				construction, for waste discharges, for stream crossings, etc., may be required
				from other federal, state or local agencies. Preliminary plans and the
				engineer's report shall be submitted for review prior to the preparation of
				final plans. The BPH shall issue a permit to construct only after review and
				approval of submitted final, complete detailed applications, plans and
				specifications.
3.1.a. The applicant shall
				submit four (4) complete sets of documents for a formal review by the BPH. The
				documents shall include but not be limited to: application forms; a summary of
				the basis of design; operation requirements, where applicable; general layout;
				detailed plans; and specifications.
3.1.b. All installation and operations shall
				meet or exceed the relevant requirements of the national, state, local or
				trades' good practices, regulations and codes, whichever has
				jurisdiction.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-77 - Public Water Systems Design Standards › Section 64-77-7 - Chemical Application

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				General. -- No chemicals shall be applied to treat drinking waters unless
				specifically approved by the BPH.
7.1.a. Plans
				and specifications. -- Plans and specifications shall be submitted to the BPH
				for review and approval and shall include: descriptions of feed equipment,
				including maximum and minimum feed ranges; the location of feeders, piping
				layout and points of application; storage and handling facilities;
				specifications for chemicals to be used; operating and control procedures
				including proposed application rates; the descriptions of testing equipment and
				procedures; system including all tanks with capacities, (with drains,
				overflows, and vents), feeders, transfer pumps, connecting piping, valves,
				points of application, backflow prevention devices, air gaps, secondary
				containment and safety eye washes and showers.
7.1.b. Chemical application. -- Chemicals
				shall be applied to the water at such points and by such means as to assure
				maximum efficiency of treatment, assure maximum safety to consumers, provide
				maximum safety to operators, assure satisfactory mixing of the chemicals with
				the water, provide maximum flexibility of operation through various points of
				application, when appropriate, and prevent backflow or back-siphonage between
				multiple points of feed through common manifolds.
7.1.c. General equipment design. -- General
				equipment design shall be such that: feeders are able to supply, at all times,
				the necessary amounts of chemicals at an accurate rate, throughout the range of
				feed; chemical-contact materials and surfaces are resistant to the
				aggressiveness of the chemical solution; corrosive chemicals are introduced in
				such a manner as to minimize potential for corrosion; chemicals that are
				incompatible are not stored or handled together; all chemicals are conducted
				from the feeder to the point of application in separate conduits; chemical
				feeders are as near as practical to the feed point; chemical feeders and pumps
				operate at no lower than twenty per cent (20%) of the feed range unless two (2)
				fully independent adjustment mechanisms such as pump pulse rate and stroke
				length are fitted when the pump shall operate at no lower than ten (10) percent
				of the rated maximum; and chemicals are fed by gravity where
				practical.
7.1.d. Chemical
				information. -- For each chemical the information shall include: specifications
				for the chemical to be used; purpose of the chemical; proposed minimum
				non-zero, average and maximum dosages, solution strength or purity (as
				applicable), and specific gravity or bulk density; and method for independent
				calculation of amount fed daily.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-77 - Public Water Systems Design Standards › Section 64-77-8 - Pumping Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				General. -- Pumping facilities shall be designed to maintain the sanitary
				quality of pumped water. Subsurface pits or pump rooms and inaccessible
				installations shall be avoided. No pumping station shall be subject to
				flooding.
8.2. Location. -- The
				pumping station shall be located so that the proposed site meets the
				requirements for sanitary protection of water quality, hydraulics of the system
				and protection against interruption of service by fire, flood or any other
				hazard.
8.2.a. Site protection. -- The
				pumping station shall be: elevated to a minimum of three (3) feet above the one
				hundred (100) year flood elevation, or three (3) feet above the highest
				recorded flood elevation, whichever is higher, or protected to such elevations;
				readily accessible at all times unless permitted to be out of service for the
				period of inaccessibility; graded around the station so as to drain surface
				water away from the station; protected to prevent vandalism and entrance by
				animals or unauthorized persons. The pump station shall be located within a
				secure area such as a locked building or fenced area; and labeled such that the
				pumps and valves in the station are tagged to correspond to the maintenance
				record and for proper identification.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-77 - Public Water Systems Design Standards › Section 64-77-9 - Finished Water Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General.
				-- The materials and designs used for finished water storage structures shall
				provide stability and durability as well as protect the quality of the stored
				water. Steel structures shall follow the current AWWA standards concerning
				steel tanks, standpipes, reservoirs, and elevated tanks wherever they are
				applicable. Other materials of construction are acceptable when properly
				designed to meet the requirements of this section.
9.1.a. Sizing. -- Storage facilities shall
				have sufficient capacity, as determined from engineering studies, to meet
				domestic, commercial and industrial demands, and where fire protection is
				provided, fire flow demands.
9.1.a.1. Fire
				flow requirements established by the ISO shall be satisfied where fire
				protection is provided.
9.1.a.2.
				The minimum storage capacity (or equivalent capacity) for systems providing
				fire protection shall be equal to twice the average daily demand of one hundred
				fifty (150) gallons per customer per day plus fire flow unless it can be
				demonstrated that the supply capacity of the system is sufficient to warrant
				less. This requirement may be reduced when the source and treatment facilities
				have sufficient capacity with standby power to supplement peak demands of the
				system.
9.1.a.3. A recommended
				storage capacity for community and non-community, non-transient public water
				systems not providing fire protection shall be equal to twice the average daily
				demand of one hundred fifty (150) gallons per customer per day.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-77 - Public Water Systems Design Standards › Section 64-77-10 - Distribution Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Materials.
10.1.a. Standards and materials
				selection. -- Pipe, fittings, valves and fire hydrants shall conform to ASTM,
				AWWA standards, meet ANSI/NSF Standard 61: Drinking Water System Components -
				Health Effects and shall be acceptable to the BPH. In the absence of these
				standards, materials meeting applicable product standards and acceptable to the
				BPH may be selected. Special attention shall be given to selecting pipe
				materials that protect against both internal and external pipe corrosion. Pipes
				and pipe fittings containing more than eight percent (8%) lead shall not be
				used. All products shall comply with ANSI/NSF Standard 61: Drinking Water
				System Components - Health Effects.
10.1.b. Permeation of system by organic
				compounds. -- Where distribution systems are installed in areas of groundwater
				contaminated by organic compounds: pipe and joint materials that are not
				subject to permeation of the organic compounds shall be used; and non-permeable
				materials shall be used for all portions of the system including water main,
				service connections and hydrant leads.
10.1.c. Used materials. -- Water mains that
				have been used previously for conveying potable water may be reused provided
				they meet the standards contained in this rule.
10.1.d. Joints. -- Packing and jointing
				materials used in the joints of pipe shall meet the standards of the AWWA,
				ANSI/NSF Standard 61 and the BPH. Pipe having mechanical joints or slip-on
				joints with rubber gaskets is preferred. Lead-tip gaskets shall not be used.
				Repairs to lead-joint pipe shall be made using alternative methods.
				Manufacturer approved transition joints shall be used between dissimilar piping
				materials.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-77 - Public Water Systems Design Standards › Section 64-77-11 - Enforcement Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
Violators of this rule are subject to the civil and
				  administrative penalties of W. Va. Code §§
									16-1-9a(d)(2)
				  and (3) and the criminal penalties of W. Va.
				  Code §§
									16-1-9,
				  16-1-9a(d)(1)
				  and
				  16-1-18.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures and standards for the licensure and
				training of persons engaged in activities related to radon measurement or
				mitigation. This rule should be read in conjunction with the definitions and
				provisions of W. Va. Code '16-34-1 et
				seq. (Licensure of Radon Mitigators, Testers, Contractors and
				Laboratories).
1.2. Authority. --
				W. Va. Code ''16-34-6 and 16-1-7.
1.3. Filing Date. -- April 29,
				1999.
1.4. Effective Date. -- July
				1, 1999.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule applies to radon mitigators, radon testers, radon
				contractors, radon training facilities and radon laboratories.
2.2. Enforcement - The enforcement of this
				legislative rule is vested with the director of the Division of
				Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. EPA - The
				United States Environmental Protection Agency.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-4 - General Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In
				addition to the prohibitions in W. Va. Code '16-34-3(a),
				no training shall be conducted without a valid radon training
				license.
4.2. Subsection 4.1 of
				this section does not apply to the individuals or entities described in W. Va.
				Code '16-34-3(b)
				or any of the following:
4.2.a. The regulation
				of construction practices; and
4.2.b. The regulation of retail sales of
				radon test kits for the use by individuals to conduct their own radon testing
				in buildings owned or leased by them.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-5 - Application for Licensure as a Radon Mitigation Contractor, Radon Tester, Mitigation Specialist, Radon Laboratory, Radon Testing or Radon Training Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. To
				apply for a license as a radon mitigation contractor, the applicant shall
				submit to the director an application provided by the director which shall
				include the following:
5.1.a. The name and
				business address of the applicant;
5.1.b. The name of the chief executive
				officer, partners or the sole proprietor of the business;
5.1.c. The names of employees directly
				involved in radon testing or mitigation and the following:
5.1.c.1. Documentation that each applicant or
				employee has successfully completed the training approved by the director. The
				documentation shall include the course title, course sponsor, names of course
				instructors, date and place of course; and
5.1.c.2. Documentation that the applicant has
				passed the examination recommended by the United States Environmental
				Protection Agency;
5.1.d. A description of any of the following
				matters to which the applicant or a person involved with the applicant on a
				radon project was a party:
5.1.d.1. Any radon
				mitigation or radon testing projects which were terminated prior to
				completion;
5.1.d.2. Any penalties,
				citations, administrative orders or actions pertaining to radon mitigation or
				radon testing; or
5.1.d.3. Any
				lawsuits pertaining to radon mitigation or radon testing. Copies of initial
				pleadings and final orders shall be attached to the application;
5.1.e. A description of the basic
				quality assurance and quality control procedures that will be utilized by the
				applicant for each type of measurement device used;
5.1.f. A description of the radiological
				safety plan designed to track employee radon exposure and keep it as low as
				reasonably achievable;
5.1.g. A
				description by type, manufacture and model number of all instruments to be used
				in radon measurements. If the applicant intends to use devices requiring
				non-portable equipment for analysis, the applicant shall list the name and
				address of the radon laboratory providing the analysis and its issued license
				number; and
5.1.h. A description of
				the method of instrument calibrations.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-6 - License Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each
				license issued under this rule is nontransferable and shall expire one year
				from the last day of the month in which it is issued. A license may be renewed
				by the director if an applicant applying for renewal:
6.1.a. Submits an application for renewal,
				including the licensee's number and appropriate information as required under
				subsections 5.1 to 5.5. of this rule; and
6.1.b. Submits the application for renewal no
				less than thirty (30) days before the expiration of the existing
				license.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-7 - Licensee Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Licensed radon testers shall:
7.1.a. Operate
				in strict accordance with licensure requirements;
7.1.b. Obtain, in writing, from the director,
				approval for any change which would render the information submitted to obtain
				the original license inaccurate; and
7.1.c. Use only the services of a radon
				laboratory licensed by the director to analyze samples for the presence and
				concentration of radon.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-8 - Special License Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Special licensure requirements are as
				provided in W. Va. Code '16-34-4.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-9 - Record Keeping and Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The director shall maintain a list of
				all licensed radon testers, mitigation specialists, mitigation contractors,
				radon training facilities, and radon laboratories licensed by the state. On
				request, the director shall provide a copy of all or part of the list to any
				individual, business entity or government entity in accordance with the
				Division of Health=s Fees for Services rule, 64CSR51.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-10 - Applications from Out of State Practitioners

Current through Register Vol. XLI, No. 28, July 12, 2024
Any individual, business entity or government entity that
				  holds a valid license issued by another jurisdiction with requirements for
				  practice as a radon tester, mitigation specialist or mitigation contractor as
				  rigorous as those imposed by West Virginia, may apply for a license as a radon
				  tester, mitigation specialist or mitigation contractor by providing the proper
				  supporting documentation and paying the appropriate fee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-11 - Records Review

Current through Register Vol. XLI, No. 28, July 12, 2024
All licensees shall afford the director, at all reasonable
				  times, the opportunity to examine records which are required to be maintained
				  by the provisions of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-12 - Reprimands, Suspensions or Revocation of Licenses, Orders, Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. W. Va. Code
				'16-34-13
				governs reprimands, suspensions or revocations of licenses, orders and
				hearings.
12.2. Those persons
				adversely affected by the enforcement of this rule desiring a contested case
				hearing to determine any rights, duties, interests or privileges shall do so in
				a manner prescribed in the Division of Health=s rule, Rules and Procedures for
				Contested Hearings and Declaratory Rulings, 64 CSR 1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-78 - Radon Licensure › Section 64-78-13 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. W. Va. Code
				'16-34-14 governs
				penalties.
TABLE 64-78 A
LICENSURE FEE SCHEDULE
Type of License Fee
Radon Contractor License for Renewal $ 100
Radon Mitigation Specialist License
Or Renewal Fee 100
Radon Testers License or Renewal Fee 50
Radon Laboratory License or Renewal Fee 100
Radon Training Facility License or Renewal Fee
							 50
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				interpretive rule describes the types of primary care center information that
				is subject to release by the Division of Health. The West Virginia Freedom of
				Information Act generally provides for the release of information upon request,
				and this rule describes the types of primary care center information considered
				by the Division of Health to be exempt from disclosure under that Act as trade
				secrets or information of a personal nature.
1.2. Authority. -- W. Va. Code '16-1-7.
1.3. Filing Date. -- December 1,
				1998.
1.4. Effective Date. --
				January 1, 1999.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application.
				-- A submission to the Division of Health by a primary care center requesting
				funding for one or more of the following: primary care support program
				uncompensated care; equipment and capital costs; school-based health center;
				and black lung clinics program.
2.2. Primary Care Center. B A nonprofit
				entity that: is recognized by the Division of Health under the Division=s
				legislative rule Primary Care Center Uncompensated Care Grants, 64CSR70; is not
				subject to the legal constraints of another individual, organization or
				facility; and follows the will and direction of its independent board of
				directors.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-3 - West Virginia Freedom of Information Act

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 The Freedom of Information Act, W. Va.
				Code Chapter 29B, grants a right to inspect or copy any public record of a
				public body, except as expressly exempted.
3.2. The Freedom of Information Act expressly
				exempts from disclosure, among other matters:
3.2.a. Trade secrets which may include, but
				are not limited to, any formula, plan pattern, process, tool, mechanism,
				compound, procedure, production data, or compilation of information which is
				not patented which is known only to certain individuals within a commercial
				concern who are using it to fabricate, produce or compound an article or trade
				or a service or to locate minerals or other substances, having commercial
				value, and which gives its users an opportunity to obtain business advantage
				over competitors; and
3.2.b.
				Information of a personal nature such as that kept in a personal, medical or
				similar file, if the public disclosure thereof would constitute an unreasonable
				invasion of privacy, unless the public interest by clear and convincing
				evidence requires disclosure in the particular instance.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-79 - Primary Care Center Information Releases By The Division Of Health › Section 64-79-4 - Audits

Current through Register Vol. XLI, No. 28, July 12, 2024
A primary care center=s audit is not considered by the
				  Division of Health to be a trade secret and will be released upon a Freedom of
				  Information Act request.