TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
STATE BOARD OF LOCAL AND REGIONAL JAILS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Local and Regional Jails conducted a periodic review and a small business impact review of 6VAC15-26, Regulations for Human Subject Research, and determined that this regulation should be repealed. The department is publishing its report of findings dated April 12, 2022, to support this decision
This regulation is not necessary under 6VAC15. Due to changes in §§ 53.1-5.1 and 53.1-10 of the Code of Virginia made by Chapter 759 of the 2020 Acts of the Assembly, the board has no authority to issue this regulation. Therefore, the regulation will be repealed. However, this regulation is essential to safeguard human subject research and effectuate the provisions under Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia for human research, as defined in § 32.1-162.16 of the Code of Virginia. A new regulation will be issued under 6VAC16 as appropriate.
On March 16, 2022, the board voted unanimously to repeal this regulation. Repealing this regulation will have no negative impact on small businesses.
Contact Information: Tracey Jenkins, Grant Administrator and Regulatory Coordinator, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 887-7898.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Local and Regional Jails conducted a periodic review and a small business impact review of 6VAC15-45, Regulations for Private Management and Operation of Prison Facilities, and determined that this regulation should be repealed. The department is publishing its report of findings dated April 12, 2022, to support this decision.
This regulation is not necessary under 6VAC15. Due to changes in §§ 53.1-10 and 53.1-266 of the Code of Virginia made by Chapter 759 of the 2020 Acts of the Assembly, the board has no authority to issue this regulation. Therefore, the regulation will be repealed. However, this regulation does guide the administration and operation of private prisons and the provision of services for inmates and is necessary to meet the intent of § 53.1-266 of the Code of Virginia. Therefore, a new regulation will be issued under 6VAC16 as appropriate.
On March 16, 2022, the board voted unanimously to repeal this regulation. Repealing this regulation will have no negative impact on small businesses.
Contact Information: Tracey Jenkins, Grant Administrator and Regulatory Coordinator, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 887-7898.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools, and determined that this regulation should be amended. The board is publishing its report of findings dated April 1, 2022, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect public health and safety as it relates to public swimming pools, saunas, and other similar facilities located at tourist establishments. The regulation was reviewed, and it has been determined it is essential to protecting public health.
The regulation helps fulfill the statutory mandate from the General Assembly by administering and enforcing standards that require standards for the operation and maintenance of swimming pool facilities operated in conjunction with a tourist facility. The regulation addresses, among other things, disinfection equipment, chemical composition (alkalinity, chlorine, pH level, etc.) of pool water and recommended safe levels, lighting, fences, pumps, waste discharge, and facility location.
The regulation meets the criteria set forth in Executive Order 14 (2018). The regulation is necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable. Lastly, the regulation achieves its objective in the most efficient and cost effective manner.
The agency is recommending that the regulation be amended.
The Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools was amended in a fast track rulemaking action in October 2019 to remove conflicts with Virginia Uniform Statewide Building Code (13VAC5-63). Otherwise, the regulation has remained unchanged since its promulgation in 1962. The regulation, in its current form, may not reflect changes in industry standards, best practices as it relates to public safety, or accurately represent regulatory or statutory citations.
Chapter 2 (§ 35.1-11 et seq.) of Title 35.1 of the Code of Virginia mandates the board to make, adopt, regulate, and enforce regulations necessary to protect public health and safety as it pertains to public swimming pools, saunas, and other similar facilities located at tourist establishments. The continued need for the regulation is established in the Code of Virginia and is not discretionary. Comments received regarding the regulation appear to highlight areas where the current requirements may not meet current industry standard and additional review is warranted.
Several sections of the regulation may not reflect or reference current industry standards. In October 2019 the regulation was not evaluated for technology, economic conditions, or other factors that may impact the regulant population or the general public. Federal and other industry associations provide up to date information and guidance on the operation, maintenance, and management of aquatic facilities, including pools and hot tubs. The Model Aquatic Health Code (MAHC) is based on the latest science and industry best practices to promote health and safety in public pools, hot tubs, and water playgrounds. The MAHC is intended to assist states in adopting the guidelines or drafting similar processes and applying them to any applicable regulations or management plans. The Pool and Hot Tub Alliance encourages commercial pool and spa owners to follow the ANSI/APSP/ICC-11 2019 American National Standard for Water Quality in Public Pools and Spas and provides a variety of resources and guidance documents reflective of current industry standards and best practices. Virginia pool regulations are not currently aligned with these or other association's guidance and practices and exhibit significant deviations from industry standards and science.
On August 31, 2020, the agency published a Notice of Intended Regulatory Action (NOIRA) for this regulation. The NOIRA expressed an intent to conduct a full review and modernization of the regulation. Due to the amount of time lapsed since this stage's publication, the State Board of Health has withdrawn this action and will initiate a new regulatory action in response to the most recent periodic review through a new NOIRA.
Since the agency has already begun work to amend the regulation, staff will continue to engage with stakeholders and the regulated community regarding any proposed amendments to minimize the economic impact of regulations on small businesses while maintaining appropriate regulatory standards to ensure the safety, health, and welfare of the public. Public comments received during this review will be incorporated for discussion with stakeholders.
Contact Information: Kristin Marie Clay, Senior Policy Analyst, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone (804) 864-7474.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-462, Swimming Pool Regulations Governing the Posting of Water Quality Test Results, and determined that this regulation should be amended. The board is publishing its report of findings dated April 1, 2022, to support this decision.
The General Assembly has charged the board with the responsibility to adopt, promulgate, and enforce regulations necessary to protect public health and safety as it relates to water quality at public recreational water facilities. The regulation was reviewed and it was determined it is essential to protecting public health.
The regulation helps fulfill the statutory mandate from the General Assembly by administering and enforcing standards that require the daily posting of water quality test results at swimming pools and other water recreational facilities operated for public use or in conjunction with a tourist facility or health spa. The regulation also requires, among other things, the posting of water quality data regarding the current pH level, disinfectant type and concentration, and water temperature, and the recommended safe levels of each.
The regulation meets the criteria set forth in Executive Order 14 (2018). The regulation is necessary to interpret and apply the requirements imposed by the board and is clearly written and understandable. Lastly, the regulation is designed to achieve its objective in the most efficient and cost effective manner.
The agency is recommending that the regulation be amended.
The Swimming Pool Regulations Governing the Posting of Water Quality Results has not undergone a comprehensive review since its initial administrative codification in 1994. The regulation, in its current form, may not reflect changes in industry standards and best practices for public safety, or accurately represent regulatory or statutory citations.
Chapters 1 (§ 32.1-1 et seq.) and 6 (§ 32.1-163 et seq.) of Title 32.1 of the Code of Virginia mandate the board to make, adopt, regulate, and enforce regulations necessary to protect public health and safety as it pertains to water quality at certain public recreational water facilities. The continued need for the regulation is established in regulation and is not discretionary. Comments received regarding the regulation appear to highlight areas where the current requirements may not meet industry standard and additional review is warranted.
Several sections in the regulation may not reflect or reference current regulatory or industry standards. It does not appear an evaluation to which technology or other factors that may impact the regulant population or the general public has taken place since that time. Federal and other industry associations provide up to date information and guidance on the operation, maintenance, and management of aquatic facilities, including pools and hot tubs. The Model Aquatic Health Code (MAHC) is based on the latest science and industry best practices to promote health and safety in public pools, hot tubs, and water playgrounds. The MAHC is intended to assist states in adopting the guidelines or drafting similar processes and applying them to any applicable regulations or management plans. The Pool and Hot Tub Alliance encourages commercial pool and spa owners to follow the ANSI/APSP/ICC-11 2019 American National Standard for Water Quality in Public Pools and Spas and provides a variety of resources and guidance documents reflective of current industry standards and best practices. Virginia pool regulations are not currently aligned with these or other association's guidance and practices and exhibit significant deviations from industry standards and science.
Since the agency is recommending to amend the regulation, staff will engage with stakeholders and the regulated community regarding any proposed amendments to minimize the economic impact of regulations on small businesses while maintaining appropriate regulatory standards to ensure the safety, health, and welfare of the public. Public comments received during this review will be incorporated for discussion with stakeholders.
Contact Information: Kristin Marie Clay, Senior Policy Analyst, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone (804) 864-7474.