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 64-14 - Assisted Living Residences › Section 64-14-8 - Dietary Services

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				licensee shall provide meals that are in substantial compliance with current
				Recommended Dietary Allowances of the Food and Nutrition Board of National
				Academy of Sciences, National Research Council, or as specified in this rule,
				except as ordered by a physician. (Class II)
8.2. The licensee shall ensure that each
				resident is offered at least three freshly prepared meals seven days a week,
				and also special diets and snacks that meet the resident's needs and choices,
				as identified in his or her needs assessment. The meals shall provide a variety
				of foods as follows:
8.2.1. Breakfast: fruit
				or juice, cereal, whole-grain or enriched bread products, and Grade A vitamin D
				milk.
8.2.2. Noon and evening
				meals: protein sources, such as meat, poultry, fish, eggs, cooked dried
				legumes, cheese, or peanut butter; vegetables or fruit; whole-grain or enriched
				grain food products; and Grade A vitamin D milk. (Class II)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-9 - Fire Safety, Disaster and Emergency Preparedness and Training

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Fire Safety.
The licensee shall provide evidence of compliance with
				  applicable rules of the state fire commission. The state fire marshal's and
				  Secretary's written approval are required for any variation from compliance
				  with the fire code. (Class I)
9.2. Disaster and Emergency Preparedness
				Plan.
9.2.1. The assisted living residence
				shall have a written disaster and emergency preparedness plan with procedures
				to be followed in any emergency that could severely affect the operation of the
				residence. (Class II)
9.2.2. The
				disaster and emergency preparedness plan shall have procedures with specific
				tasks and responsibilities for each class of employee in the event of missing
				residents, high winds, tornadoes, floods, bomb threats, utility failure, and
				severe winter weather. (Class II)
9.2.3. The disaster and emergency
				preparedness plan shall include a minimum of an emergency alternate shelter
				agreement, an emergency transportation policy, and a three-day food and
				drinking water supply. (Class II)
9.2.4. The licensee shall provide copies of
				the disaster and emergency preparedness plan at all staff stations; and staff
				shall know the location of the plan at all times. (Class I)
9.2.5. The licensee or administrator shall
				review and update the disaster and emergency preparedness plan on an annual
				basis and shall sign and date the plan to verify review. (Class III)
9.2.6. The licensee shall conspicuously post
				emergency call information near each telephone in the residence, excluding
				telephones in residents' rooms, with the telephone numbers of the fire
				department, the police, an ambulance service, and other appropriate emergency
				services, and key staff telephone numbers. (Class I)
9.2.7. The licensee shall rehearse the
				disaster and emergency preparedness plan with all staff from each shift
				annually and shall keep documentation of the rehearsal that includes
				verification of participation by each employee's signature and a critique of
				the rehearsal by the licensee or administrator. (Class I)
9.2.8. The licensee shall within 24 hours of
				admission, show all new residents how to evacuate the residence in an
				emergency, and shall document this in the residents' records. (Class
				I)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-10 - Physical Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Physical Facilities and Equipment.
10.1.1. The
				licensee of an assisted living residence built, renovated, or altered after the
				effective date of this rule shall maintain the residence in accordance with the
				requirements of subsection 3.12. of this rule. (Class I)
10.1.2. The licensee shall provide
				maintenance and housekeeping to the interior and exterior of the residence that
				maintains a safe, sanitary, and accident-free living environment. (Class
				I)
10.1.3. The licensee shall
				establish and conduct a program of preventative maintenance for all equipment
				as recommended by the manufacturer. (Class III)
10.1.4. The licensee shall keep the interior
				and exterior of the residence clean and in good repair. (Class II)
10.1.5. The licensee shall keep the residence
				free of insects, rodents, and vermin. (Class III)
10.1.6. Any method of extermination of
				insects, rodents, and vermin used by the licensee in the residence shall not
				create a fire or health hazard. (Class I)
10.1.7. The residence shall have a heating
				system capable of maintaining a temperature in all rooms used by residents of
				at least 72 degrees Fahrenheit. (Class II)
10.1.8. The residence shall have cooling
				devices or a system so that inside temperatures do not exceed 80 degrees
				Fahrenheit. Acceptable cooling devices include, but are not limited to, air
				conditioners, electric fans, and heat pumps. (Class II)
10.1.9. The residence shall have a call
				system that is audible to staff and can be accessed from each bed and other
				areas as necessary for the safety of residents. (Class II)
10.1.10. The Secretary may require the
				licensee to provide alarm systems for resident safety if a resident exhibits
				potentially harmful behaviors such as wandering from the residence. (Class
				I)
10.1.11. The residence shall
				have space for the storage of linens, maintenance and housekeeping supplies,
				equipment, and food supplies. (Class II)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-12 - Penalties and Equitable Relief

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Grounds for Penalties and Injunctions.
12.1.1. Any person, partnership, association,
				or corporation which establishes, conducts, manages, or operates an assisted
				living residence without first obtaining a license therefore or which violates
				any provisions of this law or rule may be assessed a civil money penalty by the
				Secretary in accordance with this rule, and, if applicable, W. Va. Code
				§16-5D-10. Each day of continuing
				violation after notification of the infraction may be considered a separate
				violation and may be subject to an additional civil money penalty.
12.1.2. If the assisted living residence's
				owner or owners or administrator knowingly and intentionally misrepresent
				actions taken to correct a violation, the Secretary may impose a civil money
				penalty not to exceed $10,000, and revoke or deny the assisted living
				residence's license.
12.1.3. If an
				owner or owners of an assisted living residence concurrently operates an
				unlicensed assisted living residence, the Secretary may impose a civil money
				penalty upon the owner or owners or administrator, or both, not to exceed
				$5,000. If the owner or owners continue to operate the unlicensed assisted
				living residence 10 days after notification of the infraction, the Secretary
				may impose a civil monetary penalty not to exceed $5,000 per day.
12.1.4. If the owner of an assisted living
				residence that requires a license under this article fails to apply for a new
				license for the residence upon a change of ownership and operates the residence
				under the new ownership, the Secretary may impose a civil money penalty not to
				exceed $5,000.
12.1.5. If an owner
				knowingly operates, owns, or manages an unlicensed assisted living residence
				that is required to be licensed pursuant to this article; knowingly dispenses
				or causes to be dispensed, controlled substances in an unlicensed assisted
				living residence that is required to be licensed; or obtains a license to
				operate an assisted living residence through misrepresentation or fraud;
				procures or attempts to procure a license for an assisted living residence for
				any other person by making or causing to be made any false representation, the
				Secretary may assess a civil money penalty of not more than $20,000. The
				penalty may be in addition to or in lieu of any other action that may be taken
				by the Secretary or any other board, court, or entity.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-13 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Before
				any assisted living residence is denied, suspended, penalized, or revoked,
				written notice shall be given to the owner or owners of the residence stating
				the grounds of the denial, suspension, revocation, or penalty and the date set
				for any enforcement action.
13.1.1. The notice
				shall be sent by certified mail to the address where the assisted living
				residence concerned is located.
13.1.2. Within 30 days of receipt of the
				notice, the owner or owners may submit a request for an administrative hearing
				or an informal meeting to address and resolve the findings.
13.1.3. The assisted living residence and its
				owner or owners shall be entitled to be represented by legal counsel at the
				informal meeting or at the hearing at their own expense.
13.1.4. All of the pertinent provisions of W.
				Va. Code §§29A-5-1,
et
				seq.
, and W. Va. Code R. §§69-1-1,
et seq.
,
				shall apply to and govern any hearing authorized by this rule.
13.1.5. If an owner fails to request a
				hearing within the time frame specified, he or she shall be subject to the full
				penalty imposed.
13.1.6. The filing
				of a request for a hearing does not stay or supersede enforcement of the final
				decision or order of the Secretary. The Secretary may, upon good cause shown,
				stay such enforcement.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-14 - Administrative Appeals and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any owner of an assisted living
				residence who disagrees with the final administrative decision as a result of
				the hearing may, within 30 days after receiving notice of the decision, appeal
				the decision to the Circuit Court of Kanawha County.
14.1.1. The filing of a petition for appeal
				does not stay or supersede enforcement of the final decision or order of the
				Secretary. An appellant may apply to the circuit court for a stay of or to
				supersede the final decision or order.
14.1.2. The Circuit Court may affirm, modify,
				or reverse the final administrative decision. The owner or owners, or the
				Secretary may appeal the court's decision to the West Virginia Supreme Court of
				Appeals.
Table 64-14 A Surety Bond Schedule
AVERAGE RESIDENT FUNDS
MONTHLY BALANCE
REQUIRED SURETY
BOND AMOUNT
$1 to $2,000
$2,500
$2,001 to $2,100
$2,625
$2,101 to $2,200
$2,750
$2,201 to $2,300
$2,875
$2,301 to $2,400
$3,000
$2,401 to $2,500
$3,125
$2,501 to $2,600
$3,250
$2,601 to $2,700
$3,375
$2,701 to $2,800
$3,500
$2,801 to $2,900
$3,625
$2,901 to $3,000
$3,750
$3,001 to $3,100
$3,875
$3,101 to $3,200
$4,000
$3,201 to $3,300
$4,125
$3,301 to $3,400
$4,250
$3,401 to $3,500
$4,375
$3,501 to $3,600
$4,500
$3,601 to $3,700
$4,625
$3,701 to $3,800
$4,750
$3,801 to $3,900
$4,875
$3,901 to $4,000
$5,000
$4,001 to $4,100
$5,125
$4,101 to $4,200
$5,250
$4,201 to $4,300
$5,375
$4,301 to $4,400
$5,500
$4,401 to $4,500
$5,625
$4,501 to $4,600
$5,750
$4,601 to $4,700
$5,875
$4,701 to $4,800
$6,000
$4,801 to $4,900
$6,125
$4,901 to $5,000
$6,250
$5,001 to $5,100
$6,375
$5,101 to $5,200
$6,500
$5,201 to $5,300
$6,625
$5,301 to $5,400
$6,750
$5,401 to $5,500
$6,875
$5,501 to $5,600
$7,000
$5,601 to $5,700
$7,125
$5,701 to $5,800
$7,250
$5,801 to $5,900
$7,375
$5,901 to $6,000
$7,500
$6,001 to $6,100
$7,625
$6,101 to $6,200
$7,750
$6,201 to $6,300
$7,875
$6,301 to $6,400
$8,00
$6,401 to $6,500
$8,125
$6,501 to $6,600
$8,250
$6,601 to $6,700
$8,375
$6,701 to $6,800
$8,500
$6,801 to $6,900
$8,625
$6,901 to $7,000
$8,750
$7,001 to $7,100
$8,875
$7,101 to $7,200
$9,000
$7,201 to $7,300
$9,125
$7,301 to $7,400
$9,250
$7,401 to $7,500
$9,375
$7,501 to $7,600
$9,500
$7,601 to $7,700
$9,625
$7,701 to $7,800
$9,750
$7,801 to $7,900
$9,875
$7,901 to $8,000
$10,000
$8,001 to $8,100
$10,125
$8,101 to $8,200
$10,250
$8,201 to $8,300
$10,375
$8,301 to $8,400
$10,500
$8,401 to $8,500
$10,625
$8,501 to $8,600
$10,750
$8,601 to $8,700
$10,875
$8,701 to $8,800
$11,000
$8,801 to $8,900
$11,125
$8,901 to $9,000
$11,250
$9,001 to $9,100
$11,375
$9,101 to $9,200
$11,500
$9,201 to $9,300
$11,625
$9,301 to $9,400
$11,750
$9,401 to $9,500
$11,875
$9,501 to $9,600
$12,000
$9,601 to $9,700
$12,125
$9,701 to $9,800
$12,250
$9,801 to $9,900
$12,375
$9,901 to $10,000
$12,500
$10,001 or more
Calculate
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs cross-connection control and backflow prevention for
				public water systems. This rule should be read in conjunction with W. Va. Code
				§
									16-1-9, §16-1-9a,
				§16-1-17, and §16-1-18.
1.2. Authority. -- W. Va. Code §
									16-1-4 and §
									16-1-9 a.
1.3. Filing Date. -- March 27,
				2024.
1.4. Effective Date. -- March
				27, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This legislative rule applies to any owner, operator, or
				customer of a public water system.
2.2. 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 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-4 - Cross-Connections

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person
				shall install or maintain an unprotected cross-connection in a public water
				system.
4.2. The public water
				system shall not install a water service connection to any premises where a
				violation of subsection 4.1 of this rule exists.
4.3. After giving written notice to the water
				customer with an opportunity for administrative due process, the public water
				system shall discontinue water service to any premises:
4.3.1. Where an unprotected cross-connection
				or unauthorized connection exists;
4.3.2. Where a required backflow prevention
				method has been removed or bypassed; or
4.3.3. When the public water system is denied
				entry to the water customer's premises to confirm compliance with this
				rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-5 - When Protection Is Required

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commissioner or his or her designee
				may determine, upon conducting a risk assessment, that any water supply system
				must be equipped with a backflow prevention assembly to protect the health and
				sanitation of water, whether publicly or privately owned:
Provided
, That water supply systems shall not require a
				backflow prevention assembly unless any of the following are met:
5.1.1. It cross-connects with a sprinkler or
				fire suppression system;
5.1.2. It
				cross-connects with an auxiliary water source or water well;
5.1.3. It cross-connects with any fluid
				storage tank, tub, pool, or cistern 85 gallons or larger with a public water
				inlet that can be below the water level;
5.1.4. It cross-connects with a boiler
				system;
5.1.5. It cross-connects
				with any land irrigation system; or
5.1.6. The property serviced by the public
				water supply is a funeral home or mortuary, restaurant, dry cleaner, medical
				facility, beauty and nail salon, car wash, multi-tenant retail space,
				commercial building three stories or taller, or commercial space with a
				dedicated fire service/sprinkler system, industrial facility, salvage and/or
				wastewater facility, food processing facility, recycling facility where
				cross-connected to the public water supply, correctional facility, or any other
				customer using chemicals harmful to human health that are cross-connected to
				the public water supply.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-6 - Type of Protection and Circumstances When Protection Is Required

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The type of
				protection required under this rule depends on the degree of hazard that exists
				or may exist, as determined by the Commissioner, or his or her designee, and
				shall involve the installation of:
6.1.1. An
				approved air gap separation when the Commissioner, or his or her designee,
				determines that contamination with substances could cause a severe health
				hazard;
6.1.2. An approved air gap
				separation or approved reduced pressure principle backflow prevention assembly
				when the Commissioner, or his or her designee, determines that contamination
				with substances could cause a health hazard; or
6.1.3. An approved double-check valve
				assembly, approved reduced pressure principle backflow prevention assembly, or
				an approved air gap separation when the Commissioner, or his or her designee,
				determines that contamination with substances could degrade the water quality
				of the public water system.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-7 - Backflow Prevention Assemblies

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commissioner, or his or her
				designee, shall approve installation of an approved backflow prevention
				assembly at a location and in a manner that best facilitates testing and
				servicing in accordance with the approved cross connection and backflow
				prevention program in section 8.2. of this rule.
7.2. The water customer shall purchase,
				install, maintain, and test any backflow prevention assembly according to this
				rule.
7.3. When any approved
				backflow prevention assembly is found to be defective, the water customer shall
				immediately notify the public water system of any defect and within 10 days
				shall repair, overhaul, replace, and test the assembly again at the water
				customer's expense.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-8 - Plans, Surveys, Investigations, and Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The water customer shall provide the
				public water system with all drawings, plans, specifications, and other data
				related to the backflow prevention assemblies so that the public water system
				can ensure the water customer's compliance with this rule.
8.2. The public water system shall establish
				a cross-connection and backflow prevention program approved by the
				Commissioner.
8.3. The water
				customer shall furnish information on water use practices for facilities within
				the water customer's premises, including plumbing diagrams, drawings, or plans,
				at the request of the public water system.
8.4. The water customer on any premises that
				under this rule requires the installation of backflow prevention assemblies is
				responsible for getting the assemblies inspected and for the cost of the
				required inspections.
8.4.1. The water
				customer shall ensure that a person certified by the Commissioner as a
				certified backflow assembly tester inspects and tests the backflow prevention
				assemblies upon installation and at least every 12 months after that;
				and
8.4.2. The certified backflow
				assembly tester shall provide records of all inspections and tests to the
				public water system within 15 days of the inspection or test.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-9 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. This rule is
				enforced under W. Va. Code §
									16-1-6, §
									16-1-9, §
									16-1-9 a, §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 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-10 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person
				who violates any provision of this rule or orders issued under this rule is
				subject to injunction, criminal prosecution, and criminal, civil, and
				administrative fines, all as provided in W. Va. Code §
									16-1-9, §16-1-9a,
				§16-1-17, 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 64-15 - Cross-Connection Control And Backflow Prevention › Section 64-15-11 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Those
				persons adversely affected by the enforcement of this rule may request a
				contested case hearing in accordance with the Bureau for Public 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 64-16 - Recreational Water Facilities › Section 64-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the minimum requirements for the design,
				construction, management and operation of recreational water facilities. The W.
				Va. Code is available in public libraries and on the Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority. -- W. Va. Code §§
									16-1-4,
				16-1-6
				and
				16-1-17.
1.3. Filing Date. -- April 18,
				2007.
1.4. Effective Date. -- April
				18, 2007.
1.5. Repeal and
				Replacement of Former Rules. -- This legislative rule repeals and replaces
				Division of Health rule 64CSR16, "Recreational Water Facilities", effective
				July 1, 2002.
1.6. Applicability.
				-- This rule applies to the owners and operators of recreational water
				facilities.
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 64-16 - Recreational Water Facilities › Section 64-16-3 - Construction Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A person
				shall not establish, construct or renovate a recreational water facility
				without first obtaining a construction permit from the Commissioner.
3.2. The applicant shall submit four (4) sets
				of completed applications, plans and specifications to the Commissioner for
				review and approval at least forty-five (45) days prior to the date on which he
				or she requests that the construction permit takes effect.
3.3. The applicant shall submit a written
				permit application on a form obtained from the Commissioner. The application,
				plans, and specifications shall include, but not be limited to:
3.3.a. Vicinity and site plans;
3.3.b. Detailed construction
				drawings;
3.3.c. Water source and
				treatment detail; and
3.3.d.
				Specifications for filtration, chlorination, testing equipment and other
				pertinent factors necessary for a complete operative system.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-4 - Operating Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A person
				shall not in any manner conduct, control, manage, maintain, or operate a
				recreational water facility without obtaining an operating permit from the
				Commissioner.
4.2. The applicant
				shall submit to the Commissioner a written operating permit application on a
				form obtained from the Commissioner and signed by the applicant.
4.3. The applicant shall submit to the
				Commissioner an application for an operating permit at least fifteen (15) days
				before the operation of the recreational water facility is scheduled to
				begin.
4.4. The Commissioner shall
				deny a permit if the information on the application form is incomplete,
				inaccurate, false, or misleading, or indicates that the applicable provisions
				of this rule cannot be met.
4.5. A
				person shall comply with the applicable provisions of this rule in order to
				receive and retain an operating permit.
4.6. Recreational water facilities that are
				in operation on the date this rule becomes effective, and that meet all
				applicable prior rules, are eligible for a permit to operate. Construction,
				modification, installation, or renovations proposed for a recreational water
				facility after the effective date of this rule shall comply with all applicable
				provisions of this rule.
4.7.
				Permits are not transferable and become invalid immediately upon a change of
				ownership, suspension or revocation.
4.8. In the event of a proposed or an actual
				change in ownership of a recreational water facility, an applicant shall submit
				an application for an operating permit to the Commissioner at least fifteen
				(15) days prior to the date of the proposed or actual change.
4.9. The Commissioner may suspend or revoke a
				permit if he or she finds that the recreational water facility is in violation
				of this rule.
4.10. The
				Commissioner shall not reinstate an operating permit until he or she determines
				by an inspection that the recreational water facility is in compliance with all
				applicable provisions of this rule.
4.11. The operator shall prominently display
				the operational permit in a conspicuous place at the recreational water
				facility.
4.12. A person whose
				application for an operating permit has been denied, or whose permit has been
				suspended or revoked, may submit a written petition to the Commissioner
				requesting a hearing on the matter, and the Commissioner shall grant a hearing
				on the matter within ten (10) days after he or she has received the
				petition.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-5 - Inspections, Closure Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Commissioner shall inspect each recreational water facility not less than
				two (2) times per year.
5.2. The
				owner, operator, or person in charge of a recreational water facility shall
				provide the Commissioner immediate access to the premises for the purpose of
				inspection, and shall provide requested information for the
				inspection.
5.3. When the
				Commissioner inspects a facility and finds that the recreational water facility
				is not in compliance with any of the provisions of this rule, he or she shall
				provide the operator with a written inspection report noting the violations.
				The operator shall correct the violations within the time frame specified in
				the inspection report.
5.4. The
				Commissioner may order the immediate closure of a recreational water facility
				when he or she finds:
5.4.a. A condition at
				the recreational water facility that endangers the life, health, or safety of
				the patrons or employees;
5.4.b.
				Excessive turbidity as determined by a standard clarity sight disk;
				or
5.4.c. A disinfectant residual
				that is less than that permitted under the provisions in subdivisions 7.1.d.
				and 7.1.e. 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 64-16 - Recreational Water Facilities › Section 64-16-6 - Design, Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				recreational water facility that is designed, constructed, or renovated after
				the effective date of this rule shall comply with the National Spa and Pool
				Institute ANSI/NSPI-1 2003 Standard for Public Swimming Pools, ANSI/NSPI-2 1999
				Standard for Public Spas, ANSI/IAF-9 2005 Standard for Public Water Parks and
				ANSI/APSP-7 2006 National Standard for Suction Entrapment Avoidance in Swimming
				Pools, Wading Pools, Spa, Hot Tubs, and Catch Basins. These standards are
				available through the internet at:
http://www.nspi.org/home
.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-7 - Water Quality

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Disinfection.
7.1.a. A recreational water
				facility, with the exception of bathing beaches, shall be disinfected
				continuously by the use of chemical feed equipment.
7.1.b. A recreational water facility may not
				use hand batch feeding of disinfecting chemicals except when performing
				super-chlorination or shocking.
7.1.c. Disinfecting materials and methods
				shall:
7.1.c.1. Be used only with the approval
				of the Commissioner.
7.1.c.2. Not
				create an undue safety hazard;
7.1.c.3. Be handled, stored, and used
				according to directions;
7.1.c.4.
				Be compatible for use with other chemicals commonly used in pool water
				treatment, or be clearly identified as having a use limitation;
7.1.c.5. Not impart toxic properties to the
				water when used according to directions; and
7.1.c.6. Provide an effective residual which
				can be easily and accurately measured by a field test procedure.
7.1.d. When chlorine is used as
				the disinfectant, the recreational water facility shall maintain a free
				chlorine residual of at least one (1) milligram per liter (mg/l) to a maximum
				of five (5) milligrams per liter (mg/l) throughout.
7.1.e. When bromine is used as the
				disinfectant, the recreational water facility shall maintain a residual of at
				least two (2) milligrams per liter (mg/l) to a maximum of five (5) milligrams
				per liter (mg/l) throughout.
7.1.f.
				Disinfecting materials or methods other than chlorine and bromine:
7.1.f.1. Shall be approved by the
				Commissioner prior to being used;
7.1.f.2. Shall be registered as a
				bactericidal agent by the U.S. Environmental Protection Agency; and
7.1.f.3. May be used if they provide a
				satisfactory residual which is easily measured and is as effective under
				conditions of use as the chlorine concentrations required in this
				rule.
7.1.g. When
				cyanuric acid is used as a stabilizer, it must be maintained at a level between
				ten (10) and one hundred (100) milligrams per liter (mg/l).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-8 - Control Tests and Operation Records

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Except for bathing beaches, recreational
				water facilities shall have available at all times approved testing equipment
				for determining pH, free chlorine, total chlorine, total alkalinity, and other
				tests required by the Commissioner.
8.2. Equipment used for testing free or total
				chlorine shall use the DPD (N, N-Diethyl-P-Phenylenediamine) method. Test
				strips or Oxidation Reduction Potential (ORP) may be used as a measuring
				parameter, but shall not be used when registering required readings on daily
				operational reports required by the Commissioner.
8.3. The operator shall maintain for a
				minimum of one (1) year written results of required tests, attendance data,
				number of hours of equipment operation, and any other information required by
				the Commissioner.
8.4. The operator
				shall submit on forms obtained from the Commissioner a weekly summary of
				operation and tests to the Commissioner.
8.5. Except for bathing beaches, the operator
				shall conduct tests to determine the pH and free chlorine residual of the water
				not less than twice daily, and record the results on the weekly summary
				required under subsection 8.4 of this section.
8.6. The operator shall properly maintain
				test kits in good condition. All test reagents must be replaced at the
				beginning of a new testing season for a seasonal facility, as required by the
				test kit manufacturer, and whenever any reagent is found to be defective, but
				in no case may a reagent be used over one (1) year from the date of purchase.
				Only those reagents manufactured for the test kit in use shall be
				used.
8.7. Except for bathing
				beaches, when a control test indicates that the free chlorine residual is less
				than one (1) milligram per liter (mg/l), the recreational water facility shall
				cease operations until the free chlorine level is one (1) milligram per liter
				(mg/l) or above.
8.8. Except for
				bathing beaches, when a control test indicates that the free bromine residual
				is less than two (2) milligrams per liter (mg/l), the recreational water
				facility shall ceasm operations until the free bromine level is two (2)
				milligrams per liter (mg/l) or above.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-9 - Supervision of Patrons

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Except for
				bathing beaches, a qualified water facility operator shall be available for
				consultation at all times the recreational water facility is open for
				use.
9.2. The operator shall have
				the authority to:
9.2.a. Exclude from the
				premises any patron who does not follow the safety and sanitation rules;
				and
9.2.b. Evacuate the facility as
				needed to protect the health and safety of the employees.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-11 - Routine Maintenance and Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The following requirement applies to
				all recreational water facilities:
11.1.a. A
				recreational water facility shall keep deck areas, sidewalks and other areas
				around the recreational water facility and bath house clean.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-12 - Bathhouses, Concessions, and Other Appurtenant Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A recreational water facility shall
				provide toilets, lavatories, showers and drinking fountains as required by the
				State Fire Commission rule, "State Building Code," 87CSR4.
12.2. A recreational water facility shall
				keep bathhouses, clothing storage facilities, toilet facilities, shower
				facilities and other appurtenant facilities in good repair and in a clean,
				sanitary condition.
12.3. A
				recreational water facility shall ensure that a supply of toilet tissue is
				available at each toilet.
12.4. A
				recreational water facility shall provide hand cleanser and an approved hand
				drying device at each lavatory or group of adjacent lavatories.
12.5. A recreational water facility shall
				ensure that hot and cold running water is supplied from mixing faucets for
				showers and lavatories, or that tempered water is provided in lieu of hot and
				cold running water supplied from mixing faucets.
12.6. A recreational water facility that
				provides a concession stand shall operate the concession stand in accordance
				with Division of Health rule, "Food Establishments," 64CSR17.
12.7. A recreational water facility shall
				provide a placard in the filter room that lists the water volume and gallons
				per minute of water needed for the pool's turnover rate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-13 - Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Except for
				bathing beaches, if any of the following events described in subdivisions
				13.1.a through 13.1.i of this section occur while a recreational water facility
				is in use, the operator shall close the recreational water facility and take
				the corrective action specified in Table 64-16 A at the end of this rule before
				reopening the facility:
13.1.a. The free
				chlorine residual of water is less than one (1) milligram per liter
				(mg/l).
13.1.b. The pH of water is
				greater than seven point eight (7.8).
13.1.c. The pH of water is less than seven
				point two (7.2).
13.1.d. An
				inadequate number of lifeguards or lifesaving equipment is provided as required
				under this rule.
13.1.e. An
				accident occurs that causes a lifeguard to leave his or her station or results
				in the discharge of body fluids into the water.
13.1.f. The free bromine residual is less
				than two (2) milligrams per liter (mg/l).
13.1.g. A failure of the circulation pump or
				disinfectant feed equipment occurs.
13.1.h. A fecal accident occurs or blood or
				vomitus is released into the water.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-16 - Recreational Water Facilities › Section 64-16-14 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any person
				who violates any provision of this rule or orders issued pursuant to this rule
				is subject to a fine of not more than five hundred dollars ($500), as provided
				under W. Va. Code §
									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 64-17 - Food Establishments › Section 64-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the minimum requirements for the design,
				construction, management and operation of food establishments.
1.2. Authority. -- W. Va. Code §
									16-1-4 and §
									16-6-2.
1.3. Filing Date. -- March 30,
				2023.
1.4. Effective Date. -- April
				1, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
1.6. Applicability. -- This
				rule applies to the owners and operators of food establishments.
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 64-17 - Food Establishments › Section 64-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Commissioner.
				-- Commissioner of the Bureau for Public Health or his or her lawful
				designee.
2.2. Family Child Care
				Facility. -- Any facility that is used to provide nonresidential child care
				services for compensation for seven to 12 children, including children who are
				living in the household, who are under six years of age. No more than four of
				the total number of children may be under 24 months of age. A facility may be
				in a provider's residence or a separate building.
2.3. Family Child Care Home. -- A facility
				that is used to provide nonresidential child care services for compensation in
				a provider's residence. The provider may care for four to six children at one
				time including children who are living in the household, who are under six
				years of age. No more than two of the total number of children may be under 24
				months of age.
2.4 Retail Food Store
				- Any place, structure, premise, vehicle, or any part thereof in which food is
				sold retail, offered for retail sale, or served not to be consumed on the
				premises. The term "retail food store" does not include establishments that
				handle only prepacked, non-potentially hazardous foods; roadside markets that
				offer only fresh fruits or fresh vegetables; or the delicatessen operation of a
				retail food store.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-17 - Food Establishments › Section 64-17-4 - West Virginia Definition of Food Establishment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Food establishment -- An operation that
				stores, prepares, packages, serves, vends, or otherwise provides food for human
				consumption:
4.1.a. Such as a restaurant;
				satellite or catered feeding location; catering operation if the operation
				provides food directly to a consumer or to a conveyance used to transport
				people; market; vending location; conveyance used to transport people;
				institution; or food bank; and
4.1.b. That relinquishes possession of food
				to a consumer directly, or indirectly through a delivery service such as home
				delivery of grocery orders or restaurant takeout orders, or delivery service
				that is provided by common carriers;
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-17 - Food Establishments › Section 64-17-5 - Modified Requirements for Specific Types of Food Establishments

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				domestic-type kitchen with residential-style equipment is acceptable in the
				following types of food establishments:
5.1.a.
				A family child care facility;
5.1.b. A boarding house or a residential care
				facility, such as a personal care home, a residential board and care facility,
				a group home, a halfway house, or a work release center, with a maximum
				capacity of 12 occupants; and
5.1.c. A bed and breakfast inn that provides
				sleeping accommodations of six or fewer rooms, or that provides sleeping
				accommodations of more than six rooms if the entire inn or those rooms
				numbering above six are used on an aggregate of two weeks or less per
				year.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-17 - Food Establishments › Section 64-17-6 - Implementation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Food
				establishments in operation at the time this rule becomes effective, and
				meeting all prior applicable rules, are considered eligible for a permit to
				operate provided that any construction done after the effective date of this
				rule is in compliance with this rule.
6.2. New or extensively remodeled food
				establishments whose plans and specifications received written approval from
				the commissioner prior to the effective date of this rule are eligible for a
				permit to operate provided that the construction or remodeling is in compliance
				with the approved plans.
6.3. Upon
				implementing this rule, the commissioner shall provide training for local
				health department personnel.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-17 - Food Establishments › Section 64-17-7 - Food Establishment Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The commissioner will maintain an
				advisory board and will serve as chairman.
7.2. The advisory board members shall
				include, but are not limited to, representatives of the Bureau for Public
				Health, local health departments, the retail food industry, restaurants,
				institutional food service providers, senior programs, convenience stores, and
				school lunch programs.
7.3. The
				duties of the board shall include, but are not limited to, developing
				recommendations on:
7.3.a.
				Training;
7.3.b. Standardization of
				local health department personnel and programs;
7.3.c. Interpretations of the provisions of
				this rule;
7.3.d. Requests for
				waivers and variances;
7.3.e.
				Responding to complaints; and
7.3.f. Revisions of the rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-17 - Food Establishments › Section 64-17-8 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
All the fees established in the Bureau for Public Health
				  rules, "Fees for Permits," 64 CSR 30 and "Fees for Service," 64 CSR 51, for a
				  food service establishment, mobile food unit, a temporary food establishment, a
				  retail food store, a vending machine, and others are applicable to
				  establishments governed by this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-17 - Food Establishments › Section 64-17-9 - Hearings and Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A permit applicant, a permit holder, an
				employee or other person may petition the commissioner in writing, as
				prescribed in the rule, "Rules of Procedure for Contested Case Hearings and
				Declaratory Rulings," 64 CSR 1, for a contested case hearing when the
				Commissioner has:
9.1.a. Denied his or her
				application for a permit to operate;
9.1.b. Suspended or revoked his or her permit
				to operate;
9.1.c. Denied his or
				her request for a variance;
9.1.d.
				Issued a hold order;
9.1.e. Issued
				an employee restriction or exclusion order; or
9.1.f. Otherwise adversely affected the
				rights, duties, interests or privileges of the petitioner.