TITLE 12. HEALTH

STATE BOARD OF HEALTH

Fast-Track Regulation

Title of Regulation: 12VAC5-450. Rules and Regulations Governing Campgrounds (amending 12VAC5-450-187).

Statutory Authority: §§ 35.1-11 and 35.1-17 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: January 29, 2025.

Effective Date: February 13, 2025.

Agency Contact: Julie Henderson, Director of Food and General Environmental Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7455, FAX (804) 864-7475, TDD (800) 828-1120, or email julie.henderson@vdh.virginia.gov.

Basis: Section 35.1-11 of the Code of Virginia authorizes the State Board of Health to promulgate and enforce regulations, including the use of precautions to prevent the transmission of communicable diseases, hygiene, sanitation, safety, and physical plant management. Section 35.1-17 of the Code of Virginia authorizes the board to regulate campgrounds.

Purpose: The purpose of the amendments is to clarify standards for material used in the conveyance and storage of hand washing water at temporary campgrounds. Currently, the regulation requires any tanks, hoses, or appurtenances used to store or distribute water to be of "food-grade" construction. However, most portable hand washing sinks used by industry do not meet this standard. In traditional plumbed settings, hand washing water is considered potable water and is required to meet the standard of water provided for drinking. In the settings of temporary campgrounds, temporary hand washing sinks, when used, provide extra sanitation for campers using portable toilets, but are not used as drinking water fountains.

The proposed amendments exempt portable hand washing sinks from meeting the full requirements applied to other water provided for drinking or showering in temporary campgrounds. To ensure the amendments have no adverse impact on public health, any portable hand washing sink that does not meet food-grade standards will be required to post a sign notifying campers not to drink the water.

Rationale for Using Fast-Track Rulemaking Process: The amendments are expected to be noncontroversial and appropriate for the fast-track rulemaking process because the amendments relax the requirements related to water in portable handwashing sinks and are anticipated to be welcomed by the regulated industry.

Substance: The proposed amendments exempt portable hand washing sinks at temporary campgrounds from meeting the existing construction requirement for water distribution or storage tanks, while displaying a sign stating, "Hand washing water is not for drinking."

Issues: The primary advantage of the amendments is additional flexibility provided to campground operators and companies that supply portable sanitation facilities. The amendments align requirements to current industry standards, while still protecting public health through other existing provisions and the requirement for signage. The primary advantage to the agency is that the changes provide clearer and more practical standards for portable hand washing sinks. There are no known or anticipated disadvantages to the public or the Commonwealth associated with the proposed changes or pertinent matters of interest to the regulated community, government officials, or the public.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Health (board) proposes to exempt portable hand washing sinks at temporary campgrounds from the requirement in the current regulation that tanks, hoses, or appurtenances used to distribute water be of food-grade construction, disinfected between uses, and protected from contamination and backflow. Additionally, the board proposes to require that the portable hand washing sinks maintain a one-part-per million chlorine residual and display a sign stating, "Hand washing water is not for drinking."

Background. Temporary campgrounds are those associated with temporary events, such as fairs, festivals, or music concerts. These events often do not have permanent infrastructure, and thus basic sanitation needs are met through the use of portable toilets and, often, portable hand washing sinks.² In traditional plumbed settings, hand washing water is considered potable water, and thus is required to meet the standard of water provided for drinking. In the settings of temporary campgrounds, temporary hand washing sinks, when used, provide extra sanitation for campers using portable toilets, but are not used as drinking water fountains. The current regulation provides that any tanks, hoses, or appurtenances that are used to distribute water shall be of food-grade construction. This requirement extends to any tanks or appurtenances providing water, including those associated with portable hand washing sinks. According to the Virginia Department of Health (VDH), current industry design of the majority of portable hand washing sinks do not meet this requirement through standard materials and design. As a result, the current regulation may discourage the use of portable hand washing sinks, and thus hand washing, at temporary campgrounds.

Estimated Benefits and Costs: By examining the prices of portable sinks in the market, VDH determined that non-food-grade portable hand washing sinks on average cost $488 less than food-grade portable hand washing sinks. As it is optional to have portable hand washing sinks at temporary campgrounds, lowering the effective cost of providing hand washing stations at temporary events, such as fairs, festivals, or music concerts may increase the likelihood that they are provided. Thus, the proposal to eliminate the requirement that portable hand washing sinks at temporary campgrounds be of food-grade construction may result in more hand washing at events at temporary campgrounds. This may help reduce the spread of communicable diseases.³ The current regulation already states that the source water transported to the temporary campground have a one-part-per-million chlorine residual. That, combined with the proposed requirement that the water in the portable hand washing sinks maintain a one-part-per million chlorine residual, should help ensure that the water is disinfected to the extent that it is safe for hand washing.⁴ Dropper bottles of chlorine can be purchased for $15 or less.⁵ Further, the proposed requirement that there be a sign stating "Hand washing water is not for drinking" should help ensure that people do not drink the water that may or may not be safe to drink. The cost of such a sign could be minimal if written on, say, scrap cardboard.

Businesses and Other Entities Affected. The proposed amendments affect temporary campground operators and portable hand washing sink distributors and service providers.⁶ VDH reports that there were approximately 45 temporary campground applications processed in calendar year 2021. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁷ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. The proposal does not create an adverse impact.

Small Businesses⁸ Affected.⁹ The proposed amendments would not adversely affect small businesses.

Localities¹⁰ Affected.¹¹ The proposed amendments may disproportionally affect localities that tend to host temporary events, such as fairs, festivals, or music concerts. The proposal does not introduce costs to local governments.

Projected Impact on Employment. The proposal may moderately increase business for firms that sell or rent non-food-grade portable hand washing sinks, but not likely enough to substantially affect total employment.

Effects on the Use and Value of Private Property. The proposal may moderately increase business for firms that sell or rent non-food-grade portable hand washing sinks. Their value may commensurately increase. The proposed amendments do not affect real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Source: Virginia Department of Health.

³ See U.S. Centers for Disease Control and Prevention article: https://www.cdc.gov/handwashing/why-handwashing.html.

⁴ Source: VDH.

⁵ Available on Amazon.com as of February 3, 2023.

⁶ VDH does not have data on the number of temporary campground operators and portable hand washing sink distributors and service providers.

⁷ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁸ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁹ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁰ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹¹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Health concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments clarify standards for water storage and distribution at temporary campgrounds, allowing for the use of equipment that is more in line with industry standards and less burdensome to regulated entities and requiring signage stating that water in portable handwashing sinks is not for human consumption.

12VAC5-450-187. Temporary campgrounds.

Temporary campgrounds, A temporary campground, as permitted under pursuant to 12VAC5-450-40 F, shall be exempt from the following requirements of this chapter:

1. Density The density, size, and designation requirements of 12VAC5-450-70 B through, C, and D. However, temporary campgrounds A permit holder shall establish a maximum number of campsites and campers. Temporary campground permit holders shall; ensure that the size, location, and orientation of campsites do not prohibit the safe and timely evacuation of campsites in the event of an emergency,; and ensure that vehicular traffic routes and parking are located where they do not pose a safety risk to endanger campers.

2. Permanent The permanent water supply requirements of 12VAC5-450-80.

a. If the permit holder provides potable water is provided in the form of a waterworks or private well, then it must the potable water shall comply with 12VAC5-450-80 A, B, and D through I. If no piped water source is provided, then the permit holder shall make available bottled water that complies with 21 CFR Part 129 shall be available, and shall advertise the unavailability of piped water must be advertised to campers prior to the time of the temporary camping event.

b. Water may be transported in from a source that meets If the permit holder provides water that is transported to a temporary campground, the source of the water shall meet the requirements of 12VAC5-450-80 A. Water shall be The permit holder shall ensure that water is transported in tanks of food-grade construction and maintain maintains a one-parts-per-million one-part-per-million chlorine residual. Any With the exception of portable hand washing sinks, the permit holder shall ensure that tanks, hoses, or appurtenances that are used to distribute water shall be are of food-grade construction, be disinfected between uses, and be protected from contamination and backflow.

c. If the permit holder provides portable hand washing sinks, the permit holder shall ensure that the sink water maintains a one-part-per-million chlorine residual and shall display a sign stating, "Hand washing water is not for drinking."

3. The dump station and slop sink requirements of 12VAC5-450-90 D, E, and G.

a. Greywater disposal barrels or approved equivalents shall be provided and serviced during the event unless all of the following conditions apply: (i) piped water is not available, (ii) portable showers and handwashing sinks are provided, and (iii) cooking and campfires are prohibited. Only water from cooking, washing, or bathing shall be disposed of in greywater barrels.

b. a. If self-contained camping units are present at the campground, the permit holder shall ensure that a sewage handler shall be who possesses a valid sewage handling permit as required by 12VAC5-610 and any license required by the Onsite Sewage System Professionals Licensing Regulations (18VAC160-40) and Title 54.1 of the Code of Virginia is available to pump holding tanks as appropriate during the event. Sewage handlers must possess a valid sewage handling permit as required by 12VAC5-610 and any licensure required by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage Professionals in accordance with that board's regulations (18VAC160-30 and 18VAC160-40) and Title 54.1 of the Code of Virginia.

b. The permit holder shall service and provide graywater slop sinks or disposal barrels at least daily during an event held at a temporary campgrounds, except if:

(1) Piped water is not available;

(2) Portable showers and hand washing sinks are provided; and

(3) Cooking and campfires are prohibited.

The permit holder shall ensure that water from cooking, washing, or bathing is disposed of in graywater barrels.

4. Permanent The permanent sanitary facility requirements in 12VAC5-450-100 A, B, and I. However, The permit holder shall provide portable toilet facilities shall be provided at the ratio of at least one toilet for every 75 campers, and shall ensure that at least one toilet shall comply complies with the Americans with Disabilities Act (42 USC § 12101 et seq.). No campsite shall may be farther than 500 feet from any a portable toilet. Portable sinks and showers are not required, although The permit holder shall provide hand sanitizer must be provided in all portable toilets where if portable sinks are not provided. All portable units shall be serviced The permit holder shall ensure that the portable sanitary facilities are serviced at least daily during the event unless the applicant or permit holder can demonstrate that they are provided in numbers significant there are enough portable sanitary facilities to warrant a reduced-maintenance service schedule. If the temporary campground has permanent bathroom facilities, the facilities may count towards toward the required number of portable toilets. Campers The permit holder may exclude campers who will be camping in self-contained camping units shall not be counted toward from the total number of campers in for the purposes of calculating the required number of portable toilets.