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 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-7 - Delivery System Plan Capital Outlays and Renovations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General - The majority of the capital
				outlay and renovation projects mandated by the Delivery System Plan shall be
				funded by the hospital services revenue account. The development and
				implementation of these projects will allow the department to meet or exceed
				the minimum standards and timetables as set forth by the Delivery System Plan.
				All the projects shall be completed by June 30, 1989 at the latest unless
				otherwise indicated.
7.2. State
				Hospital Renovations - The development and implementation of these projects
				will allow the department to meet the environmental and physical plant
				standards for medicaid and medicare certification, and Accreditation by the
				Joint Commission on the Accreditation of Hospitals, or by the Accreditation
				Council for the Mentally Retarded and Developmentally Disabled.
7.2.1. Huntington State Hospital - Shall be
				renovated as a two hundred fifty (250) bed psychiatric and psychogeriatric
				facility. The renovations shall be completed in several phases allowing staff
				to shift patients and service from buildings under renovation to other
				buildings. The specialized facilities to be developed are for acute care
				psychiatric admissions, chronically mentally ill, and psychogeriatric. The
				renovation shall be completed by June 30, 1986.
7.2.2. Pinecrest State Hospital - A
				twenty-six (26) bed acute care psychiatric admission unit shall be developed at
				Pinecrest. The unit shall serve the southeastern part of the state, reducing
				admissions at Huntington State Hospital. The renovations shall be completed by
				June 30, 1985.
7.2.3. Spencer State
				Hospital - Shall be operated as an interim intermediate care facility for the
				developmentally disabled who are currently residents at Huntington, Weston and
				Spencer. Renovations shall be made to certify sixty-five (65) beds by June 30,
				1985. By June 30, 1989, all the patients shall be placed into the community or
				specialized residential training facilities.
7.2.4. Weston State Hospital - Shall be
				renovated as a two hundred fifty (250) bed psychiatric and psychogeriatric
				facility. As at Huntington State Hospital, the renovations shall be completed
				in several phases allowing staff to shift patients and services from buildings
				under renovation to other buildings. The specialized facilities to be developed
				are for acute care psychiatric admissions, chronically mentally ill, and
				psychogeriatric patients. The renovations shall be completed by January 1,
				1988.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-8 - Certification, Life Safety and Energy Conservation

Current through Register Vol. XLI, No. 28, July 12, 2024
The court ordered renovation projects at Huntington, Weston,
				  Spencer and Pinecrest state hospitals will achieve the original intent of the
				  legislation establishing the hospital services revenue account. However, the
				  facilities not under court ordered renovations will need funding to achieve or
				  maintain these goals.
8.1.
				Certification Projects - Shall be developed to achieve or maintain medicaid and
				medicare certification for all the department's facilities.
8.2. Life Safety Projects - Shall be
				developed to provide a safe environment for the patients and staff at all the
				departments facilities. These projects shall address the life safety code
				deficiencies identified by the state fire marshal for each type of
				facility.
8.3. Energy Conservation
				Projects - Shall be developed to reduce the consumption of energy by the
				department's facilities. Only those projects for which net savings will equal
				or exceed the renovation cost shall be considered for funding.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-9 - Mental Health and Substance Abuse Services for Youth

Current through Register Vol. XLI, No. 28, July 12, 2024
The health department recognizes the need for more programs
				  and greater service coordination in delivering mental health, including
				  substance abuse, services to youth. Plans call for a combination of
				  community-based programs (Scattered Site Program) and at least two central
				  residential facilities, one for mental health services and one for substance
				  abuse programming. Funding for the community-based programs will be derived
				  from both the general revenue and the hospital services revenue account.
An earlier plan, Interim Health Facilities Plan for the
				  Fiscal Years 1982-84, West Virginia Board of Health Interpretive Rules, Chapter
				  16-1, Series 1 (1983), projected the construction of a residential adolescent
				  unit to provide mental health services at Huntington Hospital using funds from
				  the hospital services revenue account. Because it has since been determined
				  that this type of unit should not be on the grounds of an adult psychiatric
				  facility, construction is now planned at a site in Barboursville. Additionally,
				  the change in site has created a need for additional support service facilities
				  which in the earlier plan were anticipated as being provided by Huntington
				  Hospital. Plans for the substance abuse unit are not complete at this time. It
				  will be necessary to continue operation of the adolescent unit at Lakin
				  Hospital at least until completion of the facility at Barboursville. Long-range
				  plans for this unit are uncertain at this time.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-10 - Contingency for Repairs and Alterations, Equipment, Emergency Services and Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
The department's repairs and alterations, and equipment
				  budgets have suffered heavy losses because of the recent state budget
				  reductions. Therefore, it is proposed that a contingency budget be established
				  to provide funding for the following:
1) Emergency repairs or replacement of
				equipment which would exhaust a facility's state repairs and alterations or
				equipment funds, for example, repairing or replacing a boiler or blown out
				steam line.
2) Expenditures to
				correct deficiencies reported by the state fire marshal (who is planning to
				inspect all the department's facilities) which would exhaust a facility's state
				repair and alterations or equipment funds.
3) Expenditures for miscellaneous projects
				not anticipated by the department or its facilities, for example, energy
				audits, engineering projects, or matching funds for federal grants.
4) Replacement of repair and alteration and
				equipment funds which are not included in the department's fiscal 1985 general
				budget request due to budgeting guidelines and reductions.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-11 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of these
				  interpretive rules desiring a contested case hearing shall do so in a manner
				  prescribed in Rules of Procedure for Contested Case Hearings and Declaratory
				  Rulings, West Virginia Department of Health Procedural Rules, Series 1,
				  1983.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-37 - Health Facilities Plan For The Fiscal Years 1985-89 › Section 64-37-12 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provisions of these rules or the application thereof
				  to any person or circumstance shall be held invalid, such invalidity shall not
				  affect the provisions or application of these rules which can be given effect
				  without the invalid provisions or application, and to this end the provisions
				  of these rules are declared to be severable.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish general standards and procedures for the
				licensure of nonprofit corporations to serve as guardian, limited guardian and
				standby guardian of mentally retarded and other mentally handicapped persons.
				These rules are intended to protect and promote the rights and interests of
				those mentally retarded and otherwise mentally handicapped individuals of all
				ages for whom corporations are appointed to serve in a guardianship capacity.
				They adhere to the principle that when an individual's rights must be limited
				in order to protect that individual the individual has the right to the least
				restrictive and most beneficial environment appropriate to his capabilities and
				condition.
1.2. Authority. -- W.
				Va. Code '44-10(A)-1
1.3. Filing
				Date. -- May 3, 1983.
1.4.
				Effective Date. -- June 2, 1983.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - These legislative rules shall apply to any nonprofit corporation
				seeking appointment as guardian, limited guardian or standby guardian for a
				mentally retarded or mentally handicapped person.
2.2. Enforcement - These legislative rules
				shall be enforced by the West Virginia department of health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Board of
				Directors - those who are vested with the management of the affairs of the
				corporation, by whatever name they may be called.
3.2. Bylaws - the code of rules adopted for
				the regulation or management of the affairs of the corporation irrespective of
				the name or names by which such rules are called.
3.3. Case Management - a process which shall
				include, but not be limited to:
(1) assessing
				individually an individual's situation and identifying services necessary to
				meet those needs;
(2) development
				of a service plan;
(3) arranging
				for the implementation of the service plan;
(4) monitoring and evaluating the impact of
				services on the individual; and
(5) providing for the continuity of services
				and care.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-5 - General Organization and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The corporation shall have a valid West
				Virginia charter to conduct business as a nonprofit corporation.
5.2. A major purpose of the corporation shall
				be to aid and assist and to promote the rights and well-being of the mentally
				retarded and mentally disabled. The corporation may have purposes other than
				the provision of guardianship services as specified herein:
Provided,however,
That such purposes shall not conflict with the
				corporation's responsibilities as guardian, limited guardian or standby
				guardian.
5.3. Except as provided
				herein, no corporation licensed under these rules, nor any officer, agent,
				director, servant or any employee of the corporation shall do business with or
				in any way profit, either directly or indirectly, from the estate or income of
				any mentally retarded or mentally handicapped person for whom such corporation
				serves as guardian or limited guardian.
5.4. Each director, officer, agent and
				employee of the corporation shall file with the department an annual written
				statement under oath regarding conflict of interest under these rules in a
				format specified by the department.
5.5. No corporation licensed under these
				rules shall provide educational, vocational, residential or medical services to
				its wards or to other mentally retarded or mentally handicapped
				persons.
5.6. The corporation shall
				have a duly constituted board of directors and officers as prescribed by
				law.
5.7. The corporation shall
				have bylaws in accordance with state laws and these rules which shall provide
				for at least the following:
(a) specification
				of the powers and duties of the board of directors, the officers and the
				committees;
(b) the number and the
				length of term of the members of the board of directors and of the
				officers;
(c) the qualifications
				and the method of selection of the members of the board of directors;
(d) the frequency of board and of corporation
				meetings;
(e) the classes of
				members and their voting privileges;
(f) an annual audit by an accredited auditor;
				and
(g) an annual report of all
				activities of the corporation.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-6 - Fiduciary Responsibilities and Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The corporation shall provide evidence
				that it has sufficient fiscal and administrative resources to perform the
				fiduciary duties and to make the fiduciary accountings and reports required by
				law and these rules. Such evidence shall include at a minimum:
(a) an annual report of the corporation for
				the corporation's fiscal year which shall include a complete statement of all
				assets, liabilities, income and expenses of the corporation for the period
				covered;
(b) a record of bond given
				as required by law and an estimate of requirements for the next year;
(c) a statistical summary of reports and
				records submitted to the fiduciary commissioner or supervisor and a projection
				for the ensuing year estimating the number of wards, the number and type of
				reports required and the employees available to effectuate these reports;
				and
(d) a statistical summary
				report of any other activities effectuating the provisions of law and these
				rules concerning estate management and the securing of financial support for
				the ward.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-8 - Guardianship Records and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The corporation shall maintain a
				guardianship record for each ward for whom it has responsibility for full or
				limited guardianship of the person. The guardianship record shall document all
				information and activities pertinent to the guardianship and as required by law
				and these rules.
8.2. The
				guardianship record shall contain at a minimum the following information
				concerning the ward:
(a) a summary of all
				orders and directions of the county commission concerning the ward and the
				guardianship;
(b) demographic
				identifying information;
(c) a
				picture of the ward sufficiently current for purposes of
				identification;
(d) the
				guardianship plan;
(e) the medical,
				dental and psychological evaluations;
(f) a current record of the ward's
				address;
(g) a current record of
				the ward's place of employment, if any; and
(h) a current record of the ward's
				educational and vocational training programs, if any.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-9 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The department
				shall have the power to suspend or revoke a license if it finds that:
(a) the corporation is in substantial
				violation of these rules;
(b) the
				corporation charges fees in excess of those authorized by the county commission
				or the fiduciary commissioner; or
(c) the corporation is found by due process
				of law to be in violation of the provisions of Chapters 31, 44 or 27 of the
				Code of West Virginia of 1931, as amended.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-10 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of these
				  legislative rules desiring a contested case hearing to determine any rights,
				  duties, interests or privileges shall do so in a manner prescribed in the West
				  Virginia Procedural Rules, Board of Health, Chapter 16-1, Series I, 1981, Rules
				  of Procedure for Contested Case Hearing and Declaratory Rulings. The
				  aforementioned procedural rules are incorporated herein by
				  reference.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-11 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provisions of these rules or the application thereof
				  to any person or circumstances shall be held invalid, such invalidity shall not
				  affect the provisions or the application of these rules which can be given
				  effect without invalid provisions or application, and to this end the
				  provisions of these rules are declared to be severable.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-39 - Laboratory Examinations by State Hygienic Laboratory › Section 64-39-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - These
				interpretive rules establish the types of cases for which specimens will be
				accepted by the state hygienic laboratory.
1.2. Authority - W.Va. Code §
									16-1-7
				and § 16-1-11
1.3. Filing Date
				- November 28, 1967
1.4. Effective
				Date - December 29,1967
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-39 - Laboratory Examinations by State Hygienic Laboratory › Section 64-39-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - These interpretive rules apply to the state hygienic laboratory
				and any person seeking utilization of the state hygienic laboratory
				services.
2.2. Enforcement - The
				enforcement of these interpretive rules is vested with the director of the West
				Virginia department of health or his lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-39 - Laboratory Examinations by State Hygienic Laboratory › Section 64-39-3 - Types of Cases Accepted by the State Hygienic Laboratory

Current through Register Vol. XLI, No. 28, July 12, 2024
All work done by the state hygienic laboratory shall be done
				  free of charge. Specimens for laboratory examination by the state hygienic
				  laboratory shall be accepted from the following types of cases only:
3.1. Indigent cases, or those unable to pay
				laboratory fees.
3.2. Specimens
				submitted by public health agencies or state eleemosynary
				institutions.
3.3. Laboratory
				diagnostic service for industries shall be carried on by the state department
				of health only in the following cases:
3.3.1.
				Survey - If the federal or state public health agency deems it advisable to
				obtain an index of the incidence of disease, or to carry on a case finding
				program, in
a
given industrial group; or
3.3.2. Laboratory service aiding diagnosis or
				control of communicable diseases - If the industry requesting such service
				agrees to follow up all cases detected according to the principles of public
				health communicable disease control. The industrial agency involved shall sign
				an agreement with the state department of health that it will:
(a) conduct such measures as are in effect in
				the public health agencies of the state, and as are recommended by the United
				States public health service for control of communicable diseases in industry;
				and
(b) not discharge from service
				or employment veneral disease cases who will take adequate treatment, unless
				the examining physician feels that an individual case, regardless of treatment,
				may, because of his infirmity, become a permanent hazard to himself or his
				associates.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements governing the construction, installation and
				operation of manufactured home communities.
1.2. Authority. -- W. Va. Code §
									16-1-4.
1.3. Filing Date. -- May 2, 2012.
1.4. Effective Date. -- May 2,
				2012.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to the owners and operators of manufactured
				home communities.
2.2. Enforcement.
				-- The enforcement of this rule is vested with the Commissioner of the West
				Virginia Bureau for Public Health or his or her lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-4 - Design, Construction, Installation, Maintenance, and Operation of Manufactured Home Communities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In
				addition to meeting all applicable provisions of this rule, all manufactured
				home communities constructed or installed after the effective date of this
				rule, shall be constructed or installed in accordance with the plans,
				specifications, and instructions issued by the Commissioner.
4.2. The design, construction, installation,
				maintenance, and operation of a manufactured home community shall comply with
				all applicable provisions of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-6 - Inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each
				manufactured home community shall be inspected once a year. The health officer
				shall also make as many additional inspections of the manufactured home
				community as he or she considers necessary to determine satisfactory compliance
				with the provisions of this rule and any orders, notices, instructions, or
				specifications issued pursuant to this rule.
6.2. A copy of the inspection report shall be
				filed with the manufactured home community operator.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-7 - Location, Space and Layout

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General requirements.
7.1.a. Ground and paved surfaces in all parts
				of manufactured home communities shall be graded and equipped to drain all
				surface water in a safe and efficient manner.
7.1.b. The area of a manufactured home
				community shall be large enough to accommodate water supply systems and sewage
				treatment systems where applicable.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-8 - Water Supply

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General
				requirement.
8.1.a. All manufactured home
				communities shall be provided with an easily accessible, safe, supply of
				potable water, approved by the Commissioner.
8.1.b. All water supplies, water piping,
				fixtures or other equipment serving a manufactured home community shall be
				constructed, installed, maintained operated, and monitored in compliance with
				all applicable provisions of this rule and Bureau for Public Health legislative
				rules: Public Water Systems, 64CSR3; Water Well Regulations, 64CSR19; and
				Cross-Connection Control and Backflow Prevention Regulations,
				64CSR15.
8.1.c. Drinking fountains,
				if provided, shall be constructed of easily cleanable impervious material, have
				an angle-jet nozzle protected by a nonoxidizing guard above the overflow rim of
				the bowl, be equipped with a pressure regulating device and shall be maintained
				in a sanitary manner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-9 - Sewage System

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General
				requirements.
9.1.a. All manufactured home
				communities shall be served by a sewage collection and sewage treatment system
				that is in compliance with legislative rule, Sewer Systems, Sewage Treatment
				Systems and Sewage Tank Cleaners, 64CSR9.
9.1.b. All sewage collection or sewage
				treatment facilities shall be located, maintained, and operated in such a
				manner as to not create an insanitary condition or a nuisance to the
				manufactured home community occupants or to the owners or occupants of adjacent
				property.
9.1.c. All plumbing in
				the manufactured home community shall be in compliance with all applicable
				state and local plumbing laws, rules, ordinances and codes.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-10 - Management Buildings and Other Community Service Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Management
				buildings, if provided, shall include, but shall not be limited to the
				following community services as: management offices, repair shops, storage
				areas, and toilet, bathing, laundry, recreational and other auxiliary
				facilities supplying essential goods and services for the use of the
				manufactured home community occupants.
10.2. The Manufactured Home Community
				operator shall maintain all floors, walls, ceilings, and attached appurtenances
				and all fixtures and equipment clean and in good repair.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-11 - Garbage and Refuse

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				storage, collection, transportation, and/or disposal of garbage and refuse
				shall be conducted to prevent odor, rodents, insects and other nuisance
				conditions.
11.2. All garbage and
				refuse containers shall be covered when not in continuous use and maintained in
				a clean condition and in good repair.
11.3. A sufficient number and capacity of
				garbage and refuse containers shall be provided to residents to properly
				contain all waste.
11.4. If a
				central location is provided for garbage and refuse containers, the location
				shall be constructed of non-absorbent material, such as concrete or asphalt,
				shall be smooth, durable and sloped to drain and shall be of sufficient
				capacity to accommodate all containers.
11.5. All garbage and refuse shall be
				collected at an interval not to exceed seven (7) days.
11.6. Where approved municipal or private
				garbage and refuse disposal service is not available, the manufactured home
				community operator shall dispose of the garbage and refuse in accordance with
				applicable laws.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-12 - Insect and Rodent Control

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Grounds, common buildings, and structures shall be maintained free of insect
				breeding areas, rodent harborage, and infestation of insect or rodents of
				public health significance.
12.2.
				All exterior openings of management buildings or other applicable structures
				shall be effectively screened or insects and rodents excluded by other
				effective means.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-13 - Fuel Supply and Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. LPG
				systems (Liquefied Petroleum Gas) or fuel oil systems shall have at least one
				(1) approved, identified, and readily accessible means of shutting off the
				entire supply. Such means shall be located outside the manufactured home and
				shall be maintained in an effective operating condition.
13.2. LPG containers or fuel oil storage
				containers shall not be located within or beneath any manufactured home,
				building, or any other type of enclosed structure.
13.3. LPG containers or fuel oil storage
				containers shall not be located within 5 feet of a door way of a manufactured
				home, building, or similar structure.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-14 - Registration of Occupants

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Every manufactured home community operator shall maintain a record identifying
				manufactured homes and occupants permitted to use the manufactured home
				community.
14.2. The record of
				occupants shall be readily available to the health officer. The record shall be
				preserved for a period of one (1) year and shall contain the name, mailing
				address, and physical location of all manufactured home occupants.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-15 - Supervision

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The person to
				whom a permit to operate a manufactured home community is issued shall operate
				the manufactured home community in compliance with all applicable provisions of
				this rule, all other laws and regulations applicable thereto, and shall provide
				supervision to maintain the manufactured home community and its facilities and
				equipment in good repair and in a clean and sanitary condition.
15.2. A manufactured home shall not be
				occupied for dwelling purposes unless it is properly placed on an approved
				manufactured home site and is properly connected to water, sewage, and other
				essential utilities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-16 - Miscellaneous Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				The operator of a manufactured home community shall make available to the
				incoming occupants of the manufactured home community a copy of this rule to
				inform them of their duties and responsibilities under this rule.
16.2. The operator of the manufactured home
				community may adopt additional requirements of the manufactured home community
				occupants if the requirements are not in conflict with this rule.
16.3. Persons owning or in charge of a dog,
				cat or other pet animal shall comply with all applicable laws.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-17 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Any person
				who violates any provision of this rule shall be guilty of a misdemeanor and
				shall upon conviction be punished by a fine of not more than two hundred
				dollars ($200) or by imprisonment for not more than thirty (30) days or both
				fine and imprisonment.
17.2. Each
				day's failure to comply with any applicable provision of this rule shall
				constitutes a separate offense.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-40 - Manufactured Home Communities › Section 64-40-18 - 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 West Virginia
				  Bureau for Public Health's Procedural Rule, Rules of Procedure for Contested
				  Case Hearings and Declaratory Rulings, 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-41 - Design, Information And Procedural Manual For Mobile Home Parks › Section 64-41-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These interpretive rules are intended to supplement Mobile Home Park
				Regulations, West Virginia Department of Health Legislative Rule, Series 40,
				1983, adopted by the West Virginia board of health, by providing guidelines,
				requirements and standards for the development of a mobile home park.
The various sections of this publication are referenced
				  directly to the pertinent section of the Mobile Home Park Regulations.
1.2. Authority. -- W. Va. Code
				'16-1-7.
1.3. Filing Date. -- August 25,
				1971.
1.4. Effective Date. --
				October 1, 1971.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-41 - Design, Information And Procedural Manual For Mobile Home Parks › Section 64-41-2 - Site Planning (Refer to Section 7 of the Mobile Home Regulations)

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Before land is
				acquired for a mobile home development, the local health authority should be
				contacted concerning the suitability of the proposed site with reference to the
				requirements of the state board of health regulations, i.e., water supply,
				sewage disposal, insect breeding, or objectionable odors or noise. Other local
				agencies such as zoning or planning commissions should also be
				consulted.
2.2. Mobile Home Lots
2.2.1. It is recommended that a single-unit
				mobile home stand, which is the foundation provided for the mobile home, occupy
				a maximum area of one third of the respective lot area. The accumulated floor
				area of the mobile home and its accessory structures should not exceed two
				thirds of the total area of the lot. For the double-wide units, it is also
				recommended that the mobile home stand occupy a maximum area of one third of
				the total lot area. For such a unit, the minimum lot area should contain 4,500
				square feet.
2.2.2. These lot
				requirements are recommended to ensure required clearances between the mobile
				homes and other structures while easily accommodating the units of various
				sizes and their appurtenances. Other advantages of these lot requirements are
				that they facilitate later changes, such as the addition of carports or other
				accessory structures to mobile homes, and they also provide protection against
				premature obsolescence of the mobile home development.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-41 - Design, Information And Procedural Manual For Mobile Home Parks › Section 64-41-8 - Insect And Rodent Control (Refer to Section 13 of the Mobile Home Regulations)

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The control of insects and rodents in mobile home developments is necessary to
				protect the health and property of the residents. Insects and rodents are
				capable of transmitting diseases to man and other animals by bites or by
				indirect contact, and they also may cause property damage, including damage to
				vegetation by gnawing or chewing.
8.2. Small localized infestations of insects
				or rodents can often be controlled by the owner or operator of the mobile home
				development. Wide spread infestations, however, should be handled by a
				competent pest control operator, especially if large scale chemical treatment
				procedures are used.
8.3. The best
				method of controlling insects and rodents in mobile home developments is by
				using environmental sanitation procedures that eliminate food sources and
				places of harborage used by these pests. A proper environment will discourage
				the infestation and breeding of insects and rodents. The use of good
				environmental sanitation procedures will, in most instances, provide the most
				effective control and, over a period of years, it is more economical than
				repetitive chemical control measures, which should be used only if adequate
				control cannot otherwise be maintained.
8.4. When pesticides are used, proper
				precautions are always necessary to assure the safety of humans, domestic pets,
				and desirable wildlife. Many pesticides are potentially very hazardous and
				should be used only by trained pest control works. Untrained persons using
				pesticides should use them only for small scale treatments, and any
				instructions for use on the labeling of the package should be followed
				carefully. When large scale applications of pesticides are to be made in a
				mobile home development, a competent pest control operator should be
				consulted.
8.5. Mosquito Control
8.5.1. Mobile home developments shall be kept
				free of cans, jars, buckets, old tires, and other objects that may hold water
				and provide breeding places for mosquitoes. All depressions in which water may
				collect shall be drained or filled to eliminate potential breeding areas. Any
				type of vegetation promoting mosquito harborage shall be treated or
				removed.
8.5.2. For chemical
				treatment No. 2 fuel oil or kerosene applied at a rate of about 5 to 30 gallons
				per acre is an effective larvicide for use in low, wet areas and on pools of
				standing water.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-41 - Design, Information And Procedural Manual For Mobile Home Parks › Section 64-41-9 - Fuel Supply And Storage (Refer to Section 14 of the Mobile Home Regulations)

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				All handling or storage of natural gas, liquefied petroleum gas (LPG), fuel
				oil, or other flammable liquids or gases should conform to all applicable
				regulations; where none exist, the standards of ANSI and the National Fire
				Protection Association (NFPA) can be applied. For details, see the ordinance
				that follows these guidelines.
9.2.
				Central storage and underground distribution of fuel is recommended to decrease
				the frequency of fuel deliveries, eliminate the unsightliness of individual
				fuel storage facilities, and provide more free usable space on each lot. All
				piping in any fuel distribution system should be composed of suitable material,
				such as steel, wrought iron, threaded copper, or brass; it should be
				permanently installed and fastened in place. All fuel service lines to mobile
				home lots should be provided with a shutoff valve upstream from the service
				outlet. The service outlet should be capped when not in use.
9.3. If LPG or fuel oil containers are
				installed on mobile home lots, they should be securely fastened in place to
				prevent overturning. No LPG or fuel oil container shall be placed inside or
				beneath any mobile home, storage cabinet, carport, or any other structure
				unless such arrangement is approved by the appropriate authority. Containers of
				fuel oil shall be at least 5 feet from any mobile home exit.
9.4. Natural gas risers shall be steel coated
				pipe. Plastic pipe shall be used for underground service only. Plastic pipe
				used shall be ASTM 2513, approved for gas operation. In the event the mobile
				home park operator receives his gas service at a master meter and supplies the
				park residents from the master meter, the gas supply system within the park
				must be constructed in accordance with the Public Service Commission "Minimum
				Safety Standards for Transportation of Natural and Other Gas by Pipelines".
				When supplying gas from a master meter, the mobile home park operator must file
				with the local health department a statement from the company supplying gas to
				his park, certifying that the gas system within the park has been inspected and
				meets the safety standards mentioned above. This certification must be filed
				prior to issuance of a permit to operate.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-41 - Design, Information And Procedural Manual For Mobile Home Parks › Section 64-41-11 - Preparation Of Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In
				the early planning stage and prior to construction, layout plans of proposed
				mobile home developments should be prepared and submitted for review and
				approval to zoning and planning authorities and to the state department of
				health prior to construction. An early review is desirable so that suggested
				changes can be easily incorporated before plans are solidified. A description
				of the location of the site with regard to highways, streets, and landmarks
				should accompany the layout plans.
11.2. The detailed construction plans should
				show; the area and dimensions of the site; the number, location, and dimensions
				of all mobile home lots, the location and width of roadways, automobile parking
				facilities, and walkways; the location of service buildings and any other
				proposed structures; plans and specifications for the water supply, sewage
				disposal, and solid waste disposal facilities - including the location of water
				lines, sewer lines, and riser pipes; plans and specifications for all buildings
				constructed, or to be constructed, within the mobile home development; and the
				location and details of lighting, electrical and fuel systems. Size of plan
				sheets shall be as set forth in Part 1, Section 3 of EG-6 Permit Procedures And
				Design Requirements issued by the state department of health.
11.3. Depending on the extent of the
				facilities to be provided, additional plans may be required to show the
				location of fire hydrants; plans and specifications for swimming pools, other
				special recreational facilities, and special landscaping fuel oil and LP gas
				storage facilities; and details of service facilities, such as carwash or
				clothes-drying areas.
11.4. Design
				information, details and requirements of the state health department for sewer
				and water systems are contained in the publication, "Permit Procedure and
				Design Requirements for Small Sewage and Water Systems" issued by the state
				department of health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-41 - Design, Information And Procedural Manual For Mobile Home Parks › Section 64-41-12 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A
				construction and installation permit is required prior to construction or
				installation of a mobile home park or any part thereof (Section 5 of the Mobile
				Home Regulations). Application forms may be obtained from your local health
				department.
12.2. In addition to
				the application and plan information required for the mobile home park itself,
				applications are required for the construction of sewage collection and
				treatment systems and water supply and distribution systems. Details of
				application, design and plan requirements are contained in the publication
				"Permit Procedure and Design Requirements for Small Sewage And Water Systems"
				issued by the state department of health.
12.3. Applications and plans for mobile home
				parks of six (6) or less spaces shall be forwarded to the state department of
				health through the local health department.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes and implements a statewide childhood lead poisoning screening
				and identification program.
1.2.
				Authority. -- W. Va. Code §
									16-1-4
				and §
									16-35-4a.
1.3. Filing Date. -- April 4, 2022.
1.4. Effective Date. -- April 4,
				2022.
1.5. Sunset. -- This rule
				shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-42 - Childhood Lead Screening › Section 64-42-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				This rule applies to all physicians, hospitals, health care facilities, and
				health care providers who conduct or oversee medical examinations of children
				under the age of six years.
2.2.
				Enforcement -- This rule is enforced by the Commissioner of the Bureau for
				Public Health.