Regulatory Alert

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

DEPARTMENT (BOARD) OF JUVENILE JUSTICE

6VAC35-30. Regulations for State Reimbursement of Local Juvenile Residential Facility Costs (amending 6VAC35-30-10, 6VAC35-30-20, 6VAC35-30-40, 6VAC35-30-60 through 6VAC35-30-190; adding 6VAC35-30-35, 6VAC35-30-45, 6VAC35-30-65; repealing 6VAC35-30-30, 6VAC35-30-50).

Written public comment may be submitted until November 13, 2009.

Summary:

The proposed amendments (i) enumerate phases of the reimbursement process and the responsibilities of each party during these phases; (ii) clarify communication and submission timeframes for acceptance of bids for construction and add language that stipulates the Department of Juvenile Justice's failure to respond to bid information will serve as acceptance of the locality's recommendation; (iii) specify that failure to submit the inspection or progress reports in a timely fashion or failure to obtain approval of a substantive change could constitute grounds to deny reimbursement; (iv) clarify the required components of the final inspection schedule; (v) clarify and add structure to the prescreening step to ensure that all projects subject to the regulation are identified early in the planning process; (vi) incorporate a review of efficiency as one component of the reimbursement process and specify that the board may adjust the costs of construction approved for reimbursement subject to the outcome of that efficiency review and a needs assessment already in current regulations; (vii) increase the contingency percentage used to calculate estimated construction costs from 3.0% to 10%; (viii) allow for a state-set inflation (deflation) factor to be applied to reimbursements; and (ix) replace a 600 square feet per bed reimbursement cap with a three-tiered cap based on the number of residents.

For more information please contact Janet VanCuyk, Regulatory Coordinator, Department of Juvenile Justice, Richmond, VA, telephone (804) 371-4097, FAX (804) 371-0773, or email janet.vancuyk@djj.virginia.gov.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

8VAC20-150. Management of the Student's Scholastic Record in the Public Schools of Virginia (repealing 8VAC20-150-10 through 8VAC20-150-30).

8VAC20-180. Regulations Governing School Community Programs (repealing 8VAC20-180-10).
8VAC20-210. Classifications of Expenditures (repealing 8VAC20-210-10).

8VAC20-240. Regulations Governing School Activity Funds (repealing 8VAC20-240-10 through 8VAC20-240-50).

8VAC20-250. Regulations Governing the Testing of Sight and Hearing of Pupils (repealing 8VAC20-250-10).

8VAC20-310. Rules Governing Instructions Concerning Drugs and Substance Abuse (repealing 8VAC20-310-10).

8VAC20-320. Regulations Governing Physical and Health Education (repealing 8VAC20-320-10).
8VAC20-390. Rules Governing Division Superintendent of Schools (repealing 8VAC20-390-10 through 8VAC20-390-110).

8VAC20-410. Regulations Governing Allowable Credit for Teaching Experience (repealing 8VAC20-410-10).

8VAC20-420. Regulations Governing Personnel in Public School Libraries Operated Under Joint Contract Under Control of Local School Board or Boards (repealing 8VAC20-420-10).

8VAC20-460. Regulations Governing Sick Leave Plan for Teachers (repealing 8VAC20-460-10 through 8VAC20-460-60).

8VAC20-490. Regulations Governing School Boards Local (repealing 8VAC20-490-10 through 8VAC20-490-60).

8VAC20-565. Regulatios for the Protection of Students As Participants in Human Research (repealing 8VAC20-565-10 through 8VAC20-565-50).

8VAC20-720. Regulations Governing Local Boards and School Divisions (adding 8VAC20-720-10 through 8VAC20-720-170).

A public hearing will be held on November 17, 2009, at 11 a.m. in the James Monroe Building, Richmond, VA. Written public comment may be submitted until November 17, 2009.

Summary:

The Board of Education proposes to consolidate 13 separate chapters into one chapter, Regulations Governing Local School Boards and School Divisions. The 13 current chapters that are repealed as part of this action are (i) Management of the Student's Scholastic Record in the Public Schools of Virginia; (ii) Regulations Governing School Community Programs; (iii) Classification of Expenditures; (iv) Regulations Governing School Activity Funds; (v) Regulations Governing the Testing of Sight and Hearing of Pupils; (vi) Rules Governing Instruction Concerning Drugs and Substance Abuse; (vii) Regulations Governing Physical and Health Education; (viii) Rules Governing Division Superintendent of Schools; (ix) Regulations Governing Allowable Credit for Teaching Experience; (x) Regulations Governing Personnel in Public School Libraries Operated Under Joint Contract Under Control of Local School Board or Boards; (xi) Regulations Governing Sick Leave Plan for Teachers; (xii) Regulations Governing School Boards Local; and (xiii) Regulations for the Protection of Students as Participants in Human Research. For the most part, requirements in the proposed Regulations Governing Local School Boards and School Divisions are consistent with the requirements in the current 13 chapters. In the process of consolidation a small number of changes are made largely for clarification.

For more information please contact Dr. Margaret N. Roberts, Office of Policy and Communications, Department of Education, Richmond, VA, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

TITLE 13. HOUSING

BOARD OF DEVELOPMENT AND COMMUNITY DEVELOPMENT

13VAC5-31. Virginia Amusement Device Regulations (amending 13VAC5-31-20, 13VAC5-31-50, 13VAC5-31-75).

A public hearing will be held on January 25, 2010, at 10 a.m. at the Virginia Housing Development Authority, Glen Allen, VA. Written public comment may be submitted until January 25, 2010.

Summary:

The proposed amendments:

1. Move the definition of the term "kiddie ride" to the definitions section;

2. Clarify existing continuing education requirements in conjunction with correlating changes to the Uniform Statewide Building Code;

3. Conform liability insurance requirements for amusement devices with industry standards and for consistency with language used in prior provisions in the regulation;

4. Correct an error made in a previous regulatory action by reinstating language that specifies that 13VAC5-31-75 F applies only to amusement devices permanently affixed to a site and the requirement for midseason inspection of rides; and

5. Correct an erroneous standard designation from ASTM F628 to ASTM F698.

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

 

13VAC5-51. Virginia Statewide Fire Prevention Code (amending 13VAC5-51-21, 13VAC5-51-81, 13VAC5-51-85, 13VAC5-51-130, 13VAC5-51-132, 13VAC5-51-133, 13VAC5-51-135, 13VAC5-51-145, 13VAC5-51-150, 13VAC5-51-155; repealing 13VAC5-51-143).

A public hearing will be held on January 25, 2010, at 10 a.m. at the Virginia Housing Development Authority, Glen Allen, VA. Written public comment may be submitted until January 25, 2010.

Summary:

The Virginia Statewide Fire Prevention Code (SFPC) is a regulation governing the maintenance of fire safety features in existing buildings and structures and fire-safety related operations on property. The SFPC incorporates by reference the International Fire Code (IFC), a nationally recognized model code produced by the International Code Council as a companion code to that used under the Virginia Uniform Statewide Building Code (13VAC5-63). Every three years, a new edition of the model code becomes available. At that time, the Board of Housing and Community Development initiates a regulatory action to incorporate the newer edition of the model code into the regulation through a proposed regulation. Specific changes in the proposed regulation are:

1. 13VAC5-51-21 E and H: Changes made due to the new chapter numbering in the 2009 edition of the IFC, which is the new edition of the IFC being incorporated into the SFPC and to a provision in the USBC that is being renumbered in a correlating regulatory amendment action.

2. 13VAC5-51-31: Updates the reference to the IFC from the 2006 to the 2009 edition, which is the new nationally recognized model code used in the SFPC.

3. 13VAC5-51-81: Changes fee provisions to match state law in accordance with § 27-97 of the Code of Virginia. As the catchline was formerly entitled only "Permits," there was confusion over whether separate fees could be charged for appeals even though state law clearly provides for such separate fees.

4. 13VAC5-51-85: Deletes the requirements for construction permits and retains the requirements for operational permits. The construction permit requirements were inserted under a prior regulatory action in an attempt to correlate with when permits are needed under the USBC to assist persons enforcing the SFPC in existing buildings when discovering work that needed a permit under the USBC, so that the local building department responsible for enforcement of the USBC could be notified. The requirement is being removed as the permit requirements of the USBC change frequently thus making amendments to this regulation necessary to remain consistent with the USBC.

5. 13VAC5-51-130 A and C: Changes subsection A to correlate with the same definition in the USBC and moves the group classifications from a parenthetical reference to the text of the definition. The change to subsection C deletes the definition of the term "canopy" to correlate with changes made to the IFC to eliminate the need for the definition. Canopies are now regulated under the USBC and only tents are regulated under the SFPC.

6. 13VAC5-51-132, 13VAC5-51-133, and 13VAC5-51-135: Changes to match the new numbering in the 2009 edition of the IFC.

7. 13VAC5-51-143: Repealed because there were amendments to the 2006 edition of the IFC that are now incorporated into the 2009 IFC, thereby making the changes to the IFC unnecessary.

8. 13VAC5-51-145, 13VAC5-51-150, and 13VAC5-51-155: Changes to correlate with changes in the IFC from the 2006 to the 2009 edition; no substantive changes are made.
For more information please contact Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Richmond, VA, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

 

13VAC5-63. Virginia Uniform Statewide Building Code (amending 13VAC5-63-10, 13VAC5-63-20, 13VAC5-63-30, 13VAC5-63-50, 13VAC5-63-60, 13VAC5-63-70, 13VAC5-63-150, 13VAC5-63-190, 13VAC5-63-200, 13VAC5-63-210, 13VAC5-63-220, 13VAC5-63-230, 13VAC5-63-240, 13VAC5-63-245, 13VAC5-63-250, 13VAC5-63-267, 13VAC5-63-290, 13VAC5-63-300, 13VAC5-63-310, 13VAC5-63-320, 13VAC5-63-330, 13VAC5-63-350, 13VAC5-63-360, 13VAC5-63-400, 13VAC5-63-434, 13VAC5-63-440, 13VAC5-63-450, 13VAC5-63-480, 13VAC5-63-500, 13VAC5-63-520, 13VAC5-63-530, 13VAC5-63-540; repealing 13VAC5-63-436, 13VAC5-63-437).

A public hearing will be held on January 25, 2010, at 10 a.m. at the Virginia Housing Development Authority, Glen Allen, VA. Written public comments may be submitted until January 25, 2010.

Background:

The Virginia Uniform Statewide Building Code (USBC) governs the construction, maintenance, and rehabilitation of new and existing building and structures. The USBC uses nationally recognized model building codes and standards produced by the International Code Council and other standard-writing groups as the basis for the technical provisions of the regulation. Every three years, new editions of the model codes become available. At that time, the Board of Housing and Community Development initiates a regulatory action to incorporate the newest editions of the model codes into the regulation through the publishing of a proposed regulation. Those affected by the regulation then review the proposed regulation to assure that the newest model codes and standards reflect the minimum requirements necessary for buildings and structures. After the publishing of the proposed regulation, the board establishes a comment period for the acceptance of code change proposals to modify the model codes or 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 comment on each proposal is 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.

Summary:

The proposed amendments (i) incorporate the newest editions of the nationally recognized model codes and standards into the regulation; (ii) make general clarifications and correlation changes to conform to statutory language, coordinate the application of the regulations with the other building and fire regulations of the board, and remove provisions in the existing USBC that have been successfully added to the latest model codes through the code changes process of the model code organization, thus eliminating the need for those changes in the USBC; (iii) update exemptions from the USBC; (iv) provide that no change shall be made in the existing occupancy classification of any structure when the current USBC requires a greater degree of accessibility; (v) clarify that handrail and guardrail configuration and height on a reconstructed deck are excluded from the requirement that reconstructed decks must meet the current code provisions for structural loading, connections, and structural attachment; (vi) require state enforcement personnel to comply with certification, periodic maintenance training, and continuing education requirements; (vii) clarify continuing education requirements; (viii) clarify that the limitations of authority by the local government on the building official are not applicable to the third-party inspector policy nor do such limitations have the effect of altering the provisions of the code or creating building regulations; (ix) require that the local board of building code appeals must meet at least once annually, appoint officers, and receive training on the code as appropriate or necessary; (x) require that a townhouse be separated from adjacent townhouses by a common two-hour wall assembly; (xi) require standards for optional sprinkler systems; (xii) add new requirements to the 2009 IBC for exiting from stages; (xiii) add elevator machine rooms and elevator machine spaces to the list of exempt locations for automatic sprinklers; (xiv) change an existing requirement for the residual pressure in standpipe fire-fighting systems to be less when a sprinkler system is installed to include sprinkler systems for small residential buildings; (xv) add language to the IBC to exempt raised areas used for religious purposes from the necessity of having to provide wheelchair access; (xvi) change the language in the 2009 IBC regarding the construction of elevator rooms to include rooms housing elevator controllers in the exceptions to permit the reduction in fire rating for the walls of such rooms; (xvii) add a requirement to the 2009 IBC for accessibility for persons with disabilities to be consistent with the Americans with Disabilities Act; (xviii) add a requirement to the International Property Maintenance Code (IPMC) for the service and maintenance of grease interceptor, grease traps, and automatic grease removal devices; and (xix) change the criteria in the IPMC for inspecting water damaged electrical equipment to permit a certified electrician to evaluate the safety of the equipment.

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

13VAC5-91. Virginia Industrialized Building Safety Regulations (amending 13VAC5-91-10, 13VAC5-91-20, 13VAC5-91-40, 13VAC5-91-50, 13VAC5-91-60, 13VAC5-91-70, 13VAC5-91-100, 13VAC5-91-120, 13VAC5-91-160, 13VAC5-91-200, 13VAC5-91-210, 13VAC5-91-245, 13VAC5-91-260).

A public hearing will be held January 25, 2010, at 10 a.m. at the Virginia Housing Development Authority, Glen Allen, VA. Written public comments may be submitted until January 25, 2010.

Summary:

The proposed amendments are general clarification and correlation changes that are proposed to more closely match legislative language and to coordinate the application of the regulations with the other building and fire regulations of the board. The proposed amendments (i) conform the regulations with statutory provisions and updated industry standards; (ii) coordinate the application of the regulations with the other building and fire regulations of the board; (iii) exempt shipping containers and portable on demand storage (PODS) containers from the regulations; (iv) allow the department to perform inspection of manufacturing facilities and at building sites during reasonable hours and issue inspection reports for correction of violations caused by the manufacturer; (v) more succinctly delineate the responsibilities of the local building official under these regulations, and clarify that site work associated with the installation of an industrialized building is subject to the Uniform Statewide Building Code and not this regulation; (vi) clarify that signs identifying unregistered industrialized buildings on sales lots are not necessary for accessory shed-type buildings; (vii) establish a methodology for a compliance assurance agency to use in evaluating an existing unregistered building for registering the building without unnecessary disassembly, and clarify that this methodology may only be used when the date of manufacture is known; (viii) update the ASTM E541-01 Standard to the E541-08 Standard for Agencies Engaged in System Analysis and Compliance Assurance for Manufactured Building, and add the option for inspection personnel of obtaining a DHCD or ICC certification in the appropriate subject area in lieu of complying with the ASTM E541 Standard when conducting compliance assurance inspection; (ix) require a label on each manufactured section or module of a registered industrialized building in conjunction with a new fee structure to be charged to each module or section; (x) revise the list of information required on permanent manufacturer’s date plat; and (xi) update seal requirements to include one for each section or module and change the fees to reflect the change in seal requirements, and give the option of either placing a seal on each section or module or all of the modules or sections in one location in the completed building and submitting fees by electronic means.

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

VIRGINIA MANUFACTURED HOUSING BOARD

13VAC6-20. Manufactured Housing Licensing and Transaction Recovery Fund Regulations (amending 13VAC6-20-10, 13VAC6-20-20, 13VAC6-20-30, 13VAC6-20-50, 13VAC6-20-60, 13VAC6-20-80, 13VAC6-20-90, 13VAC6-20-100, 13VAC6-20-120, 13VAC6-20-130, 13VAC6-20-140, 13VAC6-20-170, 13VAC6-20-180, 13VAC6-20-190, 13VAC6-20-200, 13VAC6-20-350, 13VAC6-20-460; adding 13VAC6-20-201, 13VAC6-20-202, 13VAC6-20-203, 13VAC6-20-204; repealing 13VAC6-20-250).

Written public comment may be submitted until November 4, 2009.

Summary:

The proposed amendments:

1. Add several definitions to clarify regulatory text;

2. Specify that board notices and correspondence will be sent to a licensee's last known address of record;

3. Modify the time frame in which regulated entities may renew their licenses and add a reinstatement period for licensees that fail to renew in a timely manner;

4. Increase all licensure fees;

5. Increase the inspection fee that is collected by the Department of Motor Vehicles from $10 to $30;

6. Reduce the number of new manufactured homes that an unlicensed individual may sell in a 12-month period; and

7. Prohibit regulated entities whose licenses have been revoked, or not renewed for cause, from being licensed under a different name.

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.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

18VAC50-22. Board for Contractors Regulations (amending 18VAC50-22-10 through 18VAC50-22-70, 18VAC50-22-210, 18VAC50-22-230, 18VAC50-22-260).

A public hearing will be held on October 1, 2009, at 10 a.m. at the Department of Professional and Occupational Regulation, Richmond, VA. Written public comments may be submitted until November 13, 2009.

Summary:

The Board of Contractors proposes to amend its regulations to account for several statutory changes, clarify current requirements, and respond to changes in affected industries. Specifically, the proposed amendments:

1. Separate the current manufactured/modular home contractor specialty license into two licenses: one for manufactured home contractors and one for industrial building (modular home) contractors;

2. Require applicants for a specialty classification to pass a qualifying exam;

3. Increase the net worth or equity that firms must prove to qualify for licensure as Class B or Class A contractors;

4. Amend the requirements for licensure by reciprocity to allow individuals to gain licensure in Virginia if they were originally licensed in a state with licensure eligibility criteria that are substantially equivalent to Virginia; and

5. Require legal business entities that dissolve and reform under another business name to return their old, invalid, license to the board within 30 days of the change.

For more information please contact Eric L. Olson, Executive Director, Board for Contractors, Richmond, VA, telephone (804) 367-2785, FAX (804) 527-4401, or email contractors@dpor.virginia.gov.

18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-10, 18VAC50-30-40, 18VAC50-30-120, 18VAC50-30-185, 18VAC50-30-190; adding 18VAC50-30-75; repealing 18VAC50-30-110).

Written public comment may be submitted until November 13, 2009.

Summary:

The Board for Contractors proposes to amend its current regulations to clarify provisions of the current regulations and respond to changes in the industry and requests from current licensees. With the exception of regulations promulgated due to the statutory implementation of the Certified Elevator Mechanic program and the Certified Water Well System Provider program, the last nonfee related regulatory change was made in 2003.

The most substantive change is the creation of an inactive license status for tradesmen. Other changes include the deletion of language that is duplicated in the Code of Virginia, clarification of some sections, and the elimination of the fee for duplicate copies of a license.

For more information please contact Eric L. Olson, Executive Director, Board for Contractors, Richmond, VA, telephone (804) 367-2785, FAX (804) 527-4401, or email contractors@dpor.virginia.gov.