Division of Legislative Services > Legislative Record > 2007

Regulatory Alert

A Convenient Guide to Regulatory Activity in the Commonwealth

July, 2007

The Regulatory Alert is intended to assist General Assembly members as they keep up with the myriad regulations being proposed by agencies in the Commonwealth. The goal of this project is to provide a timely, simple, and accurate summary of the rules that are being proposed by agencies, boards, and commissions. Highlighting regulations when they are published as "proposed regulations" gives General Assembly members notice that the critical public participation phase of the rulemaking process is well underway. It is during the public participation process that the questions of an Assembly member or constituent may be most effectively communicated to the agency and examined by the individuals crafting the regulatory proposal.

The Regulatory Alert is not intended to be a substitute for the comprehensive information on agency rulemaking activity that is currently published biweekly in the Virginia Register of Regulations or the notification services offered by the Regulatory Town Hall website maintained by the Department of Planning and Budget. It is hoped that the Legislative Record will assist all members as they monitor the development, modification and repeal of administrative rules in the Commonwealth.

Access the Virginia Register of Regulations online at http://legis.state.va.us/codecomm/register/issfiles.htm or contact epalen@leg.state.va.us or the Code Commission staff at (804) 786-3591 for further information.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Proposed Regulation
9VAC25-740. Water Reclamation and Reuse Regulation (adding 9VAC25-740-10 through 9VAC25-740-210).

Public hearings will be held September 17, 2007, at 2 p.m., Department of Environmental Quality, West Central Regional Office, 3019 Peters Creek Road, Roanoke, VA; September 21, 2007, at 2 p.m., Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA; September 24, 2007, at 2 p.m., Department of Environmental Quality, Piedmont Regional Office, 4949 Cox Road, Glen Allen, VA. Written public comment may be submitted until October 9, 2007.

Summary:

The proposed regulation establishes requirements for the reclamation and reuse of wastewater that are protective of state waters and public health. Contained in the regulation are two sets of treatment standards and monitoring requirements for the reclamation of municipal wastewater, and provisions to develop treatment standards for the reclamation of industrial wastewater on a case-by-case basis. For six reuse categories (urban-unrestricted access, irrigation-unrestricted access, irrigation- restricted access, landscape impoundments, construction, and industrial), the regulation specifies the required treatment standards and allows for the approval of other reuses and associated treatment standards commensurate with the quality of the reclaimed water and its intended reuse. This regulation also details requirements for application and permitting; design, construction, operation and maintenance of water reclamation systems and reclaimed water distribution systems; management of pollutants from significant industrial users; access control and signage; public education and notification; management of reclaimed water in use areas; recordkeeping; and reporting.

For additional information please contact Valerie Rourke, Department of Environmental Quality, Richmond, VA, telephone (804) 698-4158, FAX (804) 698-4116, or email varourke@deq.virginia.gov.


TITLE 13. HOUSING

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Proposed Regulation

REGISTRAR'S NOTICE: The Board of Housing and Community Development is claiming an exemption from the Administrative Act pursuant to §2.2-4006 A 13 of the Code of Virginia, which excludes regulations adopted by the Board of Housing and Community
Development pursuant to Statewide Fire Prevention Code (§27-94 et seq.), the Industrialized Building Safety Law (§36-70 et seq.), the Uniform Statewide Building Code (§36-97 et seq.), and §36-98.3 of the Code of Virginia, provided the board (i) provides a
Notice of Intended Regulatory Action in conformance with the provisions of §2.2-4007.01, (ii) publishes the proposed regulation and provides an opportunity for oral and written comments as provided in §2.2-4007.03, and (iii) conducts at least one public hearing as provided in §§2.2-4009 and 36-100 prior to the
publishing of the proposed regulations.


13VAC5-31. Virginia Amusement Device Regulations (amending 13VAC5-31-20, 13VAC5-31-30, 13VAC5-31-40, 13VAC5-31-210; adding 13VAC5-31-75, 13VAC5-31-85, 13VAC5-31-220, 13VAC5-31-230, 13VAC5-31-240, 13VAC5-31-250, 13VAC5-31-260, 13VAC5-31-270; repealing 13VAC5-31-70, 13VAC5-31-80, 13VAC5-31-90, 13VAC5-31-100, 13VAC5-31-110, 13VAC5-31-120, 13VAC5-31-130, 13VAC5-31-140, 13VAC5-31-150, 13VAC5-31-160, 13VAC5-31-170).

Written public comment may be submitted until September 23, 2007.

Summary :

The Virginia Amusement Device Regulations (VADR) are regulations governing the construction and operation of amusement devices, which are by statutory definition devices or structures open to the public by which persons are conveyed or moved in an unusual manner for diversion and passenger tramways. The regulations are very closely related to the Virginia Uniform Statewide Building Code (13 VAC 5-63) as, also by statutory arrangement, the USBC applies to amusement devices to the extent that they are not superseded by the VADR. The VADR utilizes nationally recognized standards to provide the technical requirements for the construction and operation of amusement devices. The standards are produced by the American Society for Testing and Materials and new standards are developed from time and time and when available are considered for incorporation into the VADR. To coincide with the updating of its other building and fire regulations, the Board of Housing and Community Development initiates a regulatory action to incorporate the newer standards into the regulations through the publishing of a proposed regulation. Those affected by the regulations then review the proposed regulations to assure that the newest standards reflect the minimum standards necessary for the safe construction and operation of amusement devices. After the publishing of the proposed regulations, the board establishes a comment period for the acceptance of code change proposals to modify the standards or any provisions of the entire regulation. Code change proposals are assimilated into a compilation document containing a staff evaluation of each proposal and the compilation document is reviewed by client groups during a second comment period and additional comments on each proposal are accepted. A public hearing is also held. The board then considers all comments on all proposals and develops a final regulation to complete the regulatory process.

Changes in the proposed regulation may be categorized into two groups. The first group includes changes necessary to incorporate the newest editions of the nationally recognized standards into the regulations. These changes are located in § 13 VAC 5-31-40.

The second group of changes includes general clarifications and correlation changes. These changes are simply to more closely match legislative language and to coordinate the application of the regulations with the other building and fire regulations of the board. This group of changes are developed by an Amusement Technical Advisory Committee, an advisory committee appointed by the board pursuant to § 36-98.3 of the Code of Virginia and consisting of five members, who by virtue of their education, training or employment, have demonstrated adequate knowledge of amusement devices or the amusement device industry. This group of changes is summarized below by section number.

13 VAC 5-31-30: Clarification of exemptions from the regulations to include new language for water slides used in community club swimming pools.

13 VAC 5-31-70 – 13 VAC 5-31-85: Combining the owner and operator responsibilities with the local building department responsibilities to provide a more logical arrangement of the requirements without any substantive changes.

13 VAC 5-31-75(C): Change in the liability insurance requirements based on standard industry practice and a more standardized wording of the requirements.

13 VAC 5-31-75(E): Adding a requirement that the local building department personnel verify that a private inspector being utilized to inspect amusement devices is properly certified under the board’s amusement device inspector certification program.

13 VAC 5-31-210: Adding an allowance for rock-climbing walls which have a valid certification of inspection to be moved and setup at a different location provided the certificate of inspection was issued within the past 90 days.

Part VIII–Bungee Jumping: Moving the requirements to the end of the regulation without any substantive changes.

As discussed above in the description of the procedures the board uses to update its building and fire regulations, since all the regulations are interrelated and must be coordinated, the board will consider code change proposals on all provisions of this regulation during the comment period after the proposed regulations are published.

For more information please contact Steve Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone 804-371-7015, FAX 804-371-7090, or email steve.calhoun@dhcd.virginia.gov.

 

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Proposed Regulation
13VAC5-91. Virginia Industrialized Building Safety Regulations (amending 13VAC5-91-20, 13VAC5-91-100, 13VAC5-91-160, 13VAC5-91-270; repealing 13VAC5-91-110).

Written public comment may be submitted until September 23, 2007.

Preamble:

The Virginia Industrialized Building Safety Regulations (IBSR) are regulations governing the in-factory construction of industrialized buildings, which are also known as modular buildings.

The regulations provide the same standards for construction as those buildings constructed on-site and regulated by the Virginia Uniform Statewide Building Code (13 VAC 5-63) (the USBC). Both regulations utilize nationally recognized model building codes and standards to provide the technical requirements for the actual construction of the regulated buildings. The model codes are produced by the International Code Council and every three years new editions of the model codes become available.

Summary:

Changes in the proposed regulation may be categorized into two groups. The first group includes changes necessary to incorporate the newest editions of the nationally recognized model codes and standards into the regulations. The newest editions of the model codes are the 2006 editions.

The second group of changes consists of general clarifications and correlation changes. These changes are simply to more closely match legislative language and to coordinate the application of the regulations with the USBC and with the Virginia Manufactured Home Safety Regulations (13 VAC 5-95).

For more information please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, telephone 804-371-7000, FAX 804-371-7090, TTY 804-371-7089, or email steve.calhoun@dhcd.virginia.gov.


TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Proposed Regulation
18VAC60-20. Regulations Governing the Practice of Dentistry and Dental Hygiene (adding 18VAC60-20-81; amending 18VAC60-20-108, 18VAC60-20-190, 18VAC60-20-220).

A public hearing will be held on September 7, 2007, at 9 a.m., Department of Health Professions, 9960 Mayland Drive, Richmond, VA. Written public comment may be submitted until October 5, 2007.

Summary:

The board is proposing to amend regulations to comply with a statutory mandate as set forth in Chapter 858 of the 2006 Acts of Assembly. The proposed amendments establish education and examination requirements for a dental hygienist to demonstrate competency in the administration of local anesthesia and nitrous oxide under the direction of a licensed dentist, including a minimum of eight didactic and clinical hours for administration of nitrous oxide and 36 hours for administration of both nitrous and local anesthesia.

For more information please contact Sandra Reen, Executive Director, Department of Health
Professions, Richmond, VA, telephone (804) 662-9906, FAX (804) 662-9943, TTY 804-662-7197, or email sandra.reen@dhp.virginia.gov.


Division of Legislative Services > Legislative Record > 2007

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