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 64-46 - Water Well Design Standards › Section 64-46-10 - Heat Pump Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Design Methods and Compliance.
10.1.a. The
				manufacturer's design procedure shall follow a recognized methodology as
				presented in the most recent editions of IGSHPA and ASHRAE.
10.1.b. The ground heat exchanger design
				shall be clearly documented in order to determine compliance with the heat pump
				manufacturer's or utility's specifications or both.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Section 64-46-11 - Dewatering and Dug Wells Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Dewatering wells generally withdraw
				shallow ground water for construction purposes; grouting of the annular space
				may be minimized. Each dewatering well is unique. Submit plans to the
				Commissioner for approval. Dewatering wells shall be immediately sealed using
				methods described in section 12 of this rule after dewatering has
				ceased.
11.2. Every hand dug well
				shall have a continuous watertight lining of steel casing, concrete pipe, or
				other approved casing material, extending from above ground surface to a depth
				of at least ten (10) feet below the ground surface. When more than one
				formation bearing suitable water exists, the lower formation should be used.
				The lining in the producing zone shall readily admit water and shall be
				structurally sound to withstand external pressures. Each hand dug well is
				unique. Develop and submit plans to the Commissioner for approval.
11.2.a. The open space between the excavation
				and the installed lining shall be sealed with grout. If the first ten (10) feet
				of the casing is jointed, such as concrete, and would allow surface water to
				seep into cracks of casing, the grout shall continue from the ten (10) foot
				seal to ground level.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Table 64-46 A

Current through Register Vol. XLI, No. 28, July 12, 2024
Minimum Horizontal Distance Between a Groundwater Well
				  and Source
Source
Minimum Distance
Septic Tanks
50 feet (100 feet)*
Sewage Treatment Facilities
200 feet
Sewers and Drains (Watertight)
10 feet
Drains (Non-watertight)
50 feet (100 feet)
Sewage Holding Tanks and Privies (Vault)
50 feet (100 feet)
Barnyard/Feeding and Watering Areas
100 feet
Streams, Rivers, and Impoundments
25 feet
Sewage Absorption Fields
100 feet
Existing Building or Foundation
10 feet
Storage or Preparation Area for Fertilizers and
						  Pesticides
150 feet
Buried Oil, Gasoline, Chemical Storage Tanks
50 feet (100 feet)
Cemetery
50 feet (100 feet)
*Note: The distance noted in parenthesis is required when a
				  water well is lower in elevation than the source of pollution or contamination
				  referenced.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Table 64-46 B

Current through Register Vol. XLI, No. 28, July 12, 2024
Diameter and Wall Thickness of Plastic Well Casing and
				  Liners
Nominal Size
O.D.*
Class
Minimum Wall Thickness
2"
2.375
SCH 40
.154
3"
3.500
SCH 40
.216
4"
4.500
SDR 26** SDR 21 SDR 17
.173 .214 .265
4 1/2 "
4.950
SDR 26** SDR 40 SDR 17
.190 .248 .291
5"
5.563
SDR 21 SDR 17
.265 .327
6"
6.625
SDR 26** SCH 40 SDR 21 SDR 17
.255 .280 .316 .390
6 1/4"
6.900
SDR 21 SDR 27.6
.329 .250
8"
8.625
SDR 26** SDR 21
.332 .410
10"
10.750
SDR 26** SDR 21
.413 .511
12"
12.750
SDR26** SDR 21
.490 .606
14"
14.000
SCH 40 SDR 21
.437 .667
16"
16.000
SCH 40 SDR 26
.500 .616
Note: Dimensions are in inches.
* O. D. = outer (or outside) diameter
** = Used for liner only
Liner Pipe Only for the 2", 3" and 4" nominal pipe
				  size.
All dimensions and weights are subject to normal
				  manufacturing tolerances.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-46 - Water Well Design Standards › Table 64-46 C

Current through Register Vol. XLI, No. 28, July 12, 2024
Geothermal Water Pressure Ratings at 73.4°F
				  (23.5°C) for DR-PRPE 3408 Plastic Pipe for Closed Loop Ground Heat
				  Exchangers
Dimension Ration of Pipe
Pressure Rating
(psi)
7
267
9
200
9.3
193
11
160
13.5
128
15.5
110
17
100
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the design standards for sewage treatment or
				collection system construction and operation.
1.2. Authority. -- W. Va. Code §
									16-1-4
				and §
									16-1-9.
1.3. Filing Date. -- April 4, 2022.
1.4. Effective Date. -- April 4, 2022.
1.5 Sunset Date.-- This rule shall
				terminate and have no further force or effect on August 1, 2027.
1.6. Applicability. -- This rule applies to
				any person involved in the construction or operation of sewage treatment or
				collection systems requiring approval by the Bureau for Public
				Health.
1.7. 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 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-3 - Sewage Permit Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application for Permits.
3.1.a. An applicant
				shall submit a completed application for a permit in accordance with "Sewage
				System Rules," 64CSR9, this rule and the instructions of the
				Commissioner.
3.1.b. Several
				application packages are available for the various methods of sewage
				collection, treatment, disposal and types of facilities served. To determine
				which application package to request, an applicant shall refer to Table
				64-47-A. at the end of this rule.
3.1.c. An applicant may obtain an application
				package from the environmental engineering division, Office of Environmental
				Health Services, Bureau for Public Health.
3.1.d. An applicant shall determine minimum
				design loadings for various types of sewage treatment facilities by referring
				to Table 64-47-B. at the end 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 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-4 - Sewage Collection Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General.
4.1.a. Design. The design of new systems or
				extensions to existing systems shall carry sanitary sewage flows plus contain
				an allowance for non-excessive infiltration.
4.1.b. Modifications. Modifications to the
				design on existing systems shall be to carry sanitary sewage flows plus contain
				an allowance for non-excessive infiltration and inflow.
4.1.c. Overflows. The Commissioner shall
				review on a case-by-case basis, overflows from new interceptor
				sewers.
4.1.d. Combined Sewers. The
				Commissioner shall not approve new combined systems.
4.1.e. Design Factors. In determining the
				required capacities of sanitary sewers, an applicant shall consider the
				following factors:
4.1.e.1. Maximum hourly
				quantity of sewage;
4.1.e.2.
				Additional maximum wastewater flow from industrial plants; and
4.1.e.3. Groundwater infiltration.
4.1.f. Design Basis Per Capita
				Flow. To arrive at average dry weather flows from combined residential,
				commercial, and institutional sources, an applicant shall design a new system
				on the basis of one of the following two methods:
4.1.f.1. Using estimates based on a one-year
				record of a fully documented analysis of water use adjusted for consumption and
				losses; or
4.1.f.2. Using state
				developed per capita wastewater flows using 70 GPCD or existing water usage
				records for various sizes and types of municipalities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-6 - Individual Sewage Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General.
				The design standards apply to the site requirements, design, construction, and
				maintenance of individual sewage treatment systems including septic tank soil
				absorption systems with standard soil absorption fields; serial distribution
				soil absorption fields; soil absorption beds; shallow soil absorption fields;
				mound systems; home aeration units; effluent disposal ponds; composting
				toilets; grey water disposal systems; holding tanks; privies; recycle systems;
				and any other systems that provide waste treatment and disposal for individual
				dwellings and commercial establishments.
6.1.a. When applying for approval for systems
				using soil absorption or on-site effluent disposal, an applicant shall submit
				to the Commissioner one copy of the completed application, the design data
				sheet, and the plan.
6.1.b. When
				applying for approval for systems using other methods of effluent disposal, an
				applicant shall submit to the Commissioner four copies of the completed
				application, the design data sheet, and the plan.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-7 - Sewage Tank Cleaning

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				General.
7.1.a. Necessary hand tools such as
				picks and shovels, and other items such as sand and cement for repairing
				concrete sewage tanks shall be carried on the sewage cleaning
				vehicle.
7.1.b. All portable
				receptacles used for transporting the contents of sewage tanks shall be of
				approved construction, metal or equivalent, easily cleanable, good repair,
				equipped with tightfitting lids, and shall be cleaned, deodorized and
				disinfected daily or more often, if needed.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-8 - Septage Treatment and Disposal

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Public Sewage Treatment Plant.
8.1.a. If permission is granted to the
				septage hauler for disposal of septage, the owner and operator of the public
				sewage treatment plant shall grant permission in writing.
8.1.b. The disposal of septage shall not be
				in a public sewage treatment plant treating less than 100,000 gallons per day,
				unless providing pre-treatment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-9 - Animal Waste Handling Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General. The design and construction of
				animal waste handling facilities shall be in accordance with the current issue
				of the U.S. Department of Agriculture Soil Conservation Service, Agriculture
				Waste Management Field Manual.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-10 - Grease Traps

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. There
				shall be grease traps for all restaurants and similar establishments where a
				large quantity of grease and fats in liquid wastes will occur.
10.2. The location of the external grease
				trap shall be within 30 feet from the fixtures served. If meeting this distance
				requirement is not possible and thus, external grease traps are not possible
				due to existing conditions or physical limitations, the Commissioner may allow
				internal grease traps.
10.3. Only
				those plumbing fixtures into which the grease and fats are discharging shall
				connect to the grease trap.
10.4.
				The external grease trap shall be a minimum 150 gallons capacity. Larger grease
				traps may be a requirement depending upon the loading.
10.5. The external grease trap shall be in an
				easily accessible place outside the building served.
10.6. Grease traps with manhole covers shall
				be designed to withstand expected loads and prevent access by
				children.
10.7. The manhole cover
				shall be secured by a bolt or locking mechanism and be constructed of round
				cast iron or similar construction with sufficient weight to prevent
				unauthorized access.
10.8. The
				Commissioner may specify either method of limiting access to the manhole, if
				the method conforms to subsection 10.7 of this section and prevents
				unauthorized access.
10.9. A hotel
				or restaurant shall ensure that a grease trap manhole is closed and secured or
				locked, if applicable, at all times, except when accessed for pumping or
				maintenance.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-11 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests, or privileges shall do so in a manner prescribed in the 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 64-47 - Sewage Treatment and Collection System Design Standards › Section 64-47-12 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule is enforced under W. Va. Code §
									16-1-6,
				  §
									16-1-9,
				  §
									16-1-17,
				  §
									16-1-18
				  and other applicable code provisions.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47A - APPLICATION PACKAGES

Current through Register Vol. XLI, No. 28, July 12, 2024
Package
Type of System
A
Collection System Only
B
Collection and Treatment System (100,000 gallons per
							 day or less)
C
Collection and Treatment System (100,000 gallons per
							 day or greater)
D
Individual on-site Sewage Collection and Treatment
							 System
E
Subdivision Using Individual Sewage Disposal
							 Systems
F
Mobile Home Parks
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47C - MINIMUM SLOPES FOR SANITARY SEWERS

Current through Register Vol. XLI, No. 28, July 12, 2024
Sewer Size
Minimum Slope in feet per 100 feet
6"
0.62
8"
0.40
10"
0.28
12"
0.22
14"
0.17
15"
0.15
16"
0.14
18"
0.12
21"
0.10
24"
0.08
27" and larger
0.07
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47D - SPARE PUMPS FOR PRESSURE SEWER SYSTEMS

Current through Register Vol. XLI, No. 28, July 12, 2024
Installed Units
Spare Units
1 to 10
1
11 to 20
2
21 to 30
3
31 to 40
4
41 to 50
5
51 to 75
6
76 to 100
7
101 to 150
8
151 to 200
9
201 to 300
10
301 to 400
11
401 to 500
12
501 - up
As approved 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 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47E - BUFFER ZONE REQUIREMENTS FOR SEWAGE TREATMENT WORKS

Current through Register Vol. XLI, No. 28, July 12, 2024
Treatment Facilities
Buffer Zone
Requirements
(feet)
Sewage Treatments Plants:
40,000 GPD or less
40,001 - 100,000 GPD
greater than 100,000 GPD
100
200
300
Other Treatment Facilities:
Polishing ponds
Package sand filters
Alternating surface sand filters
TKN removal equipment
Aerated lagoons
Constructed wetlands
Recirculating sand filter systems
Stabilization ponds
Trickling filters
Land treatment systems
100
100
100
100
100
100
100
300
300
300
These requirements
DO NOT APPLY
to
							 existing treatment works that are being upgraded or expanded.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47F - WASTEWATER TREATMENT PLANT LINE COLOR CODE

Current through Register Vol. XLI, No. 28, July 12, 2024
Type of Line
Color
Sludge line
Brown
Gas line
Orange
Potable water line
Blue
Chlorine line
Yellow
Sewage line
Gray
Compressed air line
Green
Water lines for heating digesters or buildings
Blue with 6-inch red bands spaced 30 inches
							 apart
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47G - PERMISSIBLE AERATION TANK CAPACITIES AND LOADINGS

Current through Register Vol. XLI, No. 28, July 12, 2024
Process
Aeration Tank Organic
							 Loading--lb.BOD5
***
/day per 1000 cu. ft.
F/M Ratio lb.BOD5
***
/day per
							 lb.MLVSS
MLSS
*
mg/litter
Conventional step aeration complete mix
40
0.2-0.5
1000-3000
Contact stabilization
50
**
0.2-0.6
1000-3000
Extended aeration 3000-5000
oxidation ditch
15
0.05-0.1
*
MLSS values are dependent upon the
							 surface area provided for sedimentation and the rate of sludge return as well
							 as the aeration process.
**
Total aeration capacity, includes both
							 contact and reaeration capacities. Normally the contact zone equals 30 to 35%
							 of the total aeration capacity.
***
BOD5 or BOD5is
							 the scientific method used to accurately measure dissolved oxygen consumption,
							 by comparison of dissolved oxygen in a sample at the beginning and at the end
							 of a five-day period.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47H - WASTEWATER TREATMENT PLANT MINIMUM AIR REQUIREMENTS

Current through Register Vol. XLI, No. 28, July 12, 2024
Process
Cubic Feet of Air Available Per lb. of
							 BOD5­* Loan in Aeration Tank
Conventional
1500
Step aeration
1500
Contact stabilization
1500
Modified or "High-Rate"
400 to 1500 (depending on BOD5* removal
							 expected)
Extended aeration
2600
*
BOD5 is the scientific method used to
							 accurately measure dissolved oxygen consumption, by comparison of dissolved
							 oxygen in a sample at the beginning and at the end of a five-day period.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47I - RETURN SLUDGE RATE

Current through Register Vol. XLI, No. 28, July 12, 2024
Minimum
Maximum
Standard rate
15
75
Carbonaceous state of separate stage
							 nitrification
15
75
Step aeration
15
75
Contact stabilization
50
150
Extended aeration
50
150
Nitrification stage of separate stage
							 nitrification
50
200
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47J - MEDIA SIZE/GRADING

Current through Register Vol. XLI, No. 28, July 12, 2024
Passing 41/2-inch screen
100% by weight
Retained on 3-inch screen
95-100% by weight
Passing 2-inch screen
0-2% by weight
Passing 1-inch screen
0-1% by weight
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47K - MINIMUM HORIZONTAL SEPARATION DISTANCES BETWEEN SOIL ABSORPTION SYSTEMS AND NATURAL AND MANMADE FEATURES

Current through Register Vol. XLI, No. 28, July 12, 2024
Distance
Feature
10 feet
Foundation drain upslope from disposal area.
20 feet
Stream banks and open drainage features, whether
							 manmade or natural.
20 feet
Manmade cuts in soil and curtain drains.
20 feet
Foundation drains downslope from disposal
							 area.
50 feet
Manmade cuts that intersect rock or shale.
100 feet
Water supply springs and water supply wells.
50 feet
Water supply cistern
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47L - STANDARD SEPTIC TANK SOIL ABSORPTION SYSTEM SIZING FOR SINGLE-FAMILY DWELLINGS

Current through Register Vol. XLI, No. 28, July 12, 2024
Percolation Test Results (Average Time in Minutes
							 Required for Water to Fall One Inch)
Minimum Area of Soil
Absorption System
(Square Feet per Bedroom)
Less than 5 minutes
Consult with local health department
5 - 30 minutes
300
31 - 60 minutes
400
over 60 minutes
Consult with 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 64-47 - Sewage Treatment and Collection System Design Standards › Table 64-47M - SINGLE ABSORPTION SYSTEM SIZING FOR ESTABLISHMENT OTHER THAN SINGLE-FAMILY DWELLING

Current through Register Vol. XLI, No. 28, July 12, 2024
Percolation Test Results
Square Feet Per 1000 Gallons Sewage Per Day
Less than 5 minutes
Consult with your local health department
5 - 10 minutes
1650
11 - 30 minutes
2500
31 - 45 minutes
2950
46 - 60 minutes
3300
over 60 minutes
Consult with your 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 64-48 - Emergency Medical Services › Section 64-48-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is intended to ensure adequate provision of emergency medical services to
				the residents of West Virginia and to meet the purposes set out in W. Va. Code
				§
									16-4C-2; to
				provide clear direction to emergency medical services (EMS) personnel and
				agencies in West Virginia.
1.2.
				Authority. -- W. Va. Code §
									16-1-4,
				§
									16-4C-6,
				§
									16-4C-14,
				and §
									16-4C-23.
1.3. Filing Date. -- April 1, 2022.
1.4. Effective Date. -- April 1,
				2022.
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect August 1,
				2026.
1.6. Applicability. -- The
				provisions of this rule are not intended to limit the scope of practice of any
				person who is a duly licensed health care provider under other pertinent
				provisions of West Virginia law and who is acting within the scope of his or
				her license. This rule applies to all persons or entities defined in W. Va.
				Code §
									16-4C-14
				and §
									16-4C-3
				and to all other persons or entities engaging in the provision of emergency
				medical services in West Virginia.
1.7. Enforcement. -- This rule is enforced by
				the Commissioner of the Bureau for Public Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-3 - Systems and Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Local
				Systems -- County commissions are encouraged to establish local systems
				consistent with the duty contained in W. Va. Code §
									7-15-1,
et
				seq
., which:
3.1.1. Define a
				geographical service area; and
3.1.2. Establish the minimum level of service
				required within the service area and ensures the established level of care is
				available to all citizens within that service area 24 hours per day and 365
				days per year.
3.1.3. Development
				of a plan describing how the local system will address:
3.1.3.a. The dispatch, coordination and
				oversight of all agencies and personnel operating within the Local
				System;
3.1.3.b. The provision of
				sufficient numbers of permitted and staffed ambulances to provide emergency
				ambulance coverage to the service area 24-hours per day;
3.1.3.c. The establishment, monitoring and
				reporting of system response time standards;
3.1.3.d. Integration with other county
				emergency management entities in the county's all-hazard disaster plan;
				and
3.1.3.e. The establishment of a
				communication system that provides for:
3.1.3.e.1. Public access using the telephone
				number
				9-1-1 within
				the public telephone network as the primary method to request
				assistance;
3.1.3.e.2. An emergency
				communications system operated by public safety telecommunicators with training
				in the management of calls for emergency medical assistance available 24-hours
				per day;
3.1.3.e.3. Dispatch of the
				most appropriate EMS agency or EMS vehicle to any request for assistance in
				accordance with a written plan for management and deployment of resources,
				including requests for mutual aid; and
3.1.3.e.4. Two-way voice communications from
				within the defined service area to the emergency communications center or
				Public Safety Answering Point (PSAP).
3.1.4. County commission statutory ambulance
				authorities or other statutory entities charged with the responsibility for
				providing the service should designate those transporting and non-transporting
				EMS agencies which are affiliated with the local system.
3.1.4.a. It is not necessary to designate air
				ambulance agencies and non-public response agencies.
3.1.4.b. Affiliation should be evidenced by a
				contract, franchise agreement, or other written
				documentation.
3.1.5.
				Local systems should designate an official contact person to be the primary
				contact for OEMS in all matters relating to the local system.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-4 - Agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Commissioner shall evaluate EMS agencies according to this rule.
4.2. Responsibility. -- EMS agencies are
				responsible for ensuring that vehicles operated and maintained by the agency
				and personnel associated with the agency comply with this rule at all
				times.
4.3. License Required. -- A
				person or entity may not establish or operate and maintain or advertise any
				service or organization as an EMS agency without a valid OEMS
				license.
4.4. Display of License.
				-- The license shall be displayed publicly in the headquarters of the
				agency.
4.5. Licensed Service
				Types. -- EMS licenses shall be issued for one or more of the following
				services:
4.5.1. Rapid response -- basic life
				support;
4.5.2. Rapid response --
				advanced life support;
4.5.3. Basic
				life support;
4.5.4. Advanced life
				support;
4.5.5. Critical care
				transport;
4.5.6. Rotary wing
				transport;
4.5.7. Fixed wing
				transport;
4.5.8. Specialized
				multi-patient medical transport. This type of service may not be licensed
				unless the EMS agency provides at least basic life support service;
				and
4.5.9. Fire Department Rapid
				Response. -- This applies only to fire departments certified by the West
				Virginia State Fire Commission.
4.5.9.a. A
				fire department rapid response service that charges a fee for its medical
				services or transports patients is subject to all licensure requirements and
				applicable standards of this rule, including the payment of fees.
4.5.9.b. A fire department rapid response
				service that does not charge a fee for its medical services or transport of
				patients shall obtain one of the following:
4.5.9.b.1. A license subject to all
				requirements and applicable standards of this rule, including full inspection
				and payment of fees; or
4.5.9.b.2.
				A license subject to requirements and applicable standards of this rule as
				outlined in subsection 4.9. of this rule.
4.5.9.c. A fire department rapid response
				service certified by the West Virginia State Fire Commission is not subject to
				licensure as described in this rule if it only provides basic life support
				services pursuant to an agreement with an EMS agency that addresses medical
				direction, training, quality assurance, and liability insurance.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-6 - Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Minimum
				Eligibility Requirements. -- An applicant for certification, and a certificate
				holder, shall:
6.1.1. Be at least 18 years of
				age. Emergency Medical Responder and Emergency Medical Technician minimum must
				be 16 years of age or older. Persons under 18 years of age may not serve as
				primary patient care attendant or driver of any EMS vehicle;
6.1.2. Be neat and clean in
				appearance;
6.1.3. Possess the
				ability to speak, read, comprehend, and write the English language;
6.1.4. Possess physical and mental abilities
				to independently perform all relevant EMS skills including, but not limited to,
				performing physical assessments, providing appropriate patient care,
				calculating medication dosages, communicating effectively, and documenting
				patient care activities;
6.1.5.
				Possess manual dexterity and fine motor skills required to perform all patient
				care functions;
6.1.6. Possess the
				ability to bend, stoop, crawl, and walk on uneven surfaces; and
6.1.7. Meet minimum vision requirements to
				operate a motor vehicle in this state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-7 - Investigative/Disciplinary

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Commissioner may initiate investigations on his or her own motion, and upon the
				written complaint of any person, cause investigations to be conducted to
				determine if disciplinary action is called for, and impose the sanctions upon
				emergency medical services personnel as described in W. Va. Code §
									16-4C-9.
				Reasons for such actions include, but are not limited to:
7.1.1. Failure to comply with any
				requirements of subsections 6.1. or 6.2. of this rule;
7.1.2. Incompetent practice while providing
				emergency medical services;
7.1.3.
				Abuse or abandonment of a patient;
7.1.4. Willful preparation or filing of false
				medical reports or records, or the inducement of other persons to do
				so;
7.1.5. Destruction of medical
				records required to be maintained;
7.1.6. Failure to comply with patient care
				reporting requirements established by the Commissioner;
7.1.7. A willful or consistent pattern of
				failure to complete details on a patient's medical record;
7.1.8. Having a license, certification, or
				other authorization to practice a health care profession or occupation revoked,
				suspended, or subjected to disciplinary sanction;
7.1.9. Improper disclosure of confidential
				patient information;
7.1.10.
				Violating a duty imposed by W. Va. Code §
										16-4C-1
et seq.
, this rule, or an order of the Commissioner previously
				entered in a disciplinary proceeding; or
7.1.11. Other reasons determined by the
				Commissioner which may pose a threat to the health and safety of the public or
				exposes the public to risk or loss of life or property.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-8 - Education

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Endorsement of
				Sponsors of Continuing Education. -- The Commissioner may grant endorsement to
				an applicant as a continuing education sponsor provided that the applicant
				meets the following requirements:
8.1.1.
				Entities and institutions must apply in a format prescribed by the
				Commissioner;
8.1.2. Continuing
				education programs must contribute directly to the professional competence,
				skills, and education of emergency medical services personnel;
8.1.3. Lead instructors must possess the
				necessary practical and academic skills to conduct the courses effectively and
				meet all standards specified by OEMS;
8.1.4. Visiting instructors shall possess the
				necessary practical and academic skills to present specific content
				effectively;
8.1.5. Continuing
				education program materials must be written and distributed to attendees at or
				before the time offered, whenever practical;
8.1.6. Continuing education programs must be
				presented in a suitable manner appropriate to the educational purpose of the
				specific course, which may include a synchronous learning resources such as
				online or web-based instruction:
Provided
:That, OEMS may, by
				policy, place restrictions on the total number of hours of continuing education
				that may be obtained by asynchronous learning;
8.1.7. Continuing education programs must be
				submitted and approved in a manner and time frame specified by OEMS;
8.1.8. If the continuing education sponsor is
				a licensed EMS agency, the agency shall be in compliance with the OEMS
				standards for Agency Training Officer Programs. The Agency Training Officer
				Program must have at a minimum:
8.1.8.a. An
				Agency Training Coordinator -- Must meet the standards and policies set forth
				by OEMS; or
8.1.8.b. An Agency
				Training Officer -- Must meet the standards and policies set forth by
				OEMS.
8.1.9. Endorsement
				of the continuing education sponsor is effective for five calendar years unless
				the program's endorsement is revoked under subsection 8.5. 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 64-48 - Emergency Medical Services › Section 64-48-9 - Medical Direction

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Offline Medical Direction.
9.1.1. State
				Medical Director. -- The State Medical Director must be a physician appointed
				by the Commissioner to be in charge of overseeing the medical aspects of the
				West Virginia emergency medical services system.
9.1.1.a. The State Medical Director must
				have:
9.1.1.a.1. A valid, unrestricted
				license to practice medicine in the state of West Virginia;
9.1.1.a.2. Experience in emergency management
				of acutely ill or injured patients;
9.1.1.a.3. Experience in online medical
				direction of emergency medical services personnel;
9.1.1.a.4. Experience in the education of
				emergency medical services personnel;
9.1.1.a.5. Experience in the medical audit,
				review, and critique of emergency medical services personnel and
				agencies;
9.1.1.a.6. Board
				certification in emergency medicine; and
9.1.1.a.7. Experience in medical
				administration and management.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-10 - EMS Personnel in Emergency Departments

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Emergency medical services personnel
				employed by a hospital may, in the event of a life- threatening emergency,
				perform their full scope of practice as outlined by the MPCC, within the
				hospital under the direct supervision of the attending physician.
10.2. In all other situations, emergency
				medical services personnel may only perform those services outlined in the
				written policy and procedures established by the local facility as outlined in
				subsection 10.3.
10.3. Any hospital
				using or employing emergency medical services personnel to provide services
				within the hospital emergency room or department shall develop and implement
				written policies and procedures governing these activities. These policies and
				procedures shall:
10.3.1. Include the roles,
				responsibilities, and specific tasks or procedures which may be performed by
				EMS personnel;
10.3.2. Be developed
				jointly by the director of nursing of the emergency room and the medical
				director of the emergency room or department;
10.3.3. Allow for the direct supervision of
				the emergency medical services personnel by a registered professional nurse and
				comply with all supervision guidelines established by the Board of Registered
				Professional Nurses;
10.3.4. Comply
				with the training requirements established by OEMS;
10.3.5. Contain specific procedures governing
				medical review and quality improvement of services provided by EMS personnel in
				the hospital setting and shall include the mechanisms for identification,
				correction, training, and disciplinary functions associated with these
				activities; and
10.3.6. Be approved
				by the Joint Care Committee as established in subsection 10.7. 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 64-48 - Emergency Medical Services › Section 64-48-11 - 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 a manner prescribed in the Bureau for Public Health
				  rule, "Rules of Procedure for Contested Case Hearings and Declaratory Rulings,
				  "64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-12 - Community Paramedicine Demonstration Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Establishment of community paramedicine
				demonstration projects. The Director may establish up to six demonstration
				projects for the purpose of developing and evaluating a community paramedicine
				program. A demonstration project established pursuant to this section may not
				exceed two years in duration.
12.2.
				As used in this section, "community paramedicine" means the practice by an
				emergency medical services provider primarily in an out-of-hospital setting of
				providing episodic patient evaluation, advice, and care directed at preventing
				or improving a particular medical condition which may require emergency medical
				services providers to function outside their customary emergency response and
				transport roles, as specifically requested or directed by a physician, in ways
				that facilitate more appropriate use of emergency care resources and enhance
				access to primary care for medically vulnerable populations.
12.3. The Director shall establish the
				requirements and application and approval process of demonstration projects
				established pursuant to this section. At a minimum, an emergency medical
				services provider that conducts a demonstration project shall:
12.3.1. Demonstrate the financial
				sustainability of its project through reliable funding sources;
12.3.2. Work with an identified primary care
				medical director and have an emergency medical services medical
				director;
12.3.3. Submit protocols
				for approval by the MPCC and the Commissioner; and
12.3.4. Collect and submit data and written
				reports to the Director, in accordance with requirements established by the
				Director.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-48 - Emergency Medical Services › Section 64-48-13 - Federal Model Program

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any EMS
				agency licensed by the Bureau for Public Health may seek approval from the
				Centers for Medicare & Medicaid Services (CMS) of the United States
				Department of Health and Human Services to participate in the national
				Emergency Triage, Treat and Transport (ET3) Model Program. Services under the
				ET3 Model Program shall specifically include, but not be limited to, the
				transport of patients to alternative destinations such as federally qualified
				health centers, urgent care centers, physician offices and clinics, and
				behavioral health care facilities. The ET3 Model Program has a five-year
				performance period and is not administered by the Bureau. Any EMS agency
				approved to participate in the ET3 Model Program shall be governed solely by
				the standards and criteria established by CMS in its delivery of ET3 services
				thereunder.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				1996 Safe Drinking Water Act Amendments authorized a drinking water treatment
				revolving fund program. The federal government will provide most of the initial
				funding to start the West Virginia drinking water treatment revolving fund
				program. This program allows the State to provide financial assistance to
				public water systems to finance the cost of infrastructure improvements needed
				to comply with the requirements of the federal Safe Drinking Water Act. The
				fund will be administered by the water development authority. This rule
				establishes State-level procedures, standards for project eligibility, and
				gives direction to the State water development authority.
1.2. Authority. -- W. Va. Code '16-13C-2(b).
1.3. Filing Date. -- April 6, 1998.
1.4. Effective Date. -- June 1,
				1998.
1.5. Administration. -- This
				rule is administered by the division of health of the department of health and
				human resources.[1]
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Capacity
				Development. -- The technical, managerial and financial capability of a public
				water system.
2.2. Capitalization
				Grant. -- The assistance agreement by which the U. S. Environmental Protection
				Agency obligates to award funds allotted to a State for purposes of
				capitalizing the State's revolving fund and funds for other purposes authorized
				in Section 1452 of the safe drinking water act.
2.3. Community Water System. -- A public
				water system which serves at least fifteen (15) service connections used by
				year-round residents or regularly serves at least twenty-five (25) year-round
				residents.
2.4. Compliance. --
				Compliance with State and Federal laws, rules and regulations applicable to
				public water systems.
2.5. Cross
				Cutter Authorities. -- Federal laws and authorities that apply by their own
				terms to projects or activities receiving federal assistance.
2.6. Disadvantaged Community. -- The service
				area of a public water system that meets the affordability criteria established
				in the annual intended use plan after public review and comment by the division
				and as approved by the U. S. Environmental Protection Agency.
2.7. Division of Health. -- The division of
				health of the department of health and human
				resources.[2]
2.8. Drinking Water Treatment Revolving Fund.
				-- The fund established by W. Va. Code '16-13C-3(a)
				to be used for financial assistance to the public water systems for eligible
				project costs.
2.9. Intended Use
				Plan. -- A document prepared by the division each year which identifies the
				intended uses of the funds in the drinking water treatment revolving fund.
2.10. Public Water System. -- Any
				water system or supply which regularly supplies or offers to supply, piped
				water to the public for human consumption, if serving at least an average of
				twenty-five (25) individuals per day for at least sixty (60) days per year, or
				which has at least fifteen (15) service connections and includes:
(1) Any collection, treatment, storage, and
				distribution facilities under the control of the owner or operator of the
				system and used primarily in connection with the system, and
(2) Any collection or pretreatment storage
				facilities not under such control which are used primarily in connection with
				the system.
A public water system does not include a system which meets
				  all of the following conditions:
(1) which consists only of distribution and
				storage facilities (and does not have any collection and treatment
				facilities);
(2) which obtains all
				of its water from, but is not owned or operated by a public water system which
				otherwise meets the definition;
(3)
				which does not sell water to any person; and
(4) which is not a carrier conveying
				passengers in interstate commerce.