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.
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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.
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