Notices for Week of: JULY 28, 2005
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
The Use of Administrative and Disciplinary Segregation for Inmates with a Serious Mental Illness.
Vermont Proposed Rule: 05P031 ;
AGENCY: Human Services, Dept. of Corrections;
CONCISE SUMMARY: This rule outlines policy and specific procedures governing the use of segregation for inmates with serious mental illness and guides correctional facility personnel in their responsibilities.; We propose to update the current Rule such that: (1) we clearly define two types of segregation, administrative and disciplinary. (2) Individuals with serious mental illness will not be placed on segregation without a physician's order. (3)Segregation will not be longer than 15 continuous days. (4) Inmate engagement in self-injurious behavior will not result in disciplinary segregation.; The rule also specifies additional considerations for women offenders and youthful offenders and describes mandatory training for staff and contractors.;
TYPE OF PERSONS AFFECTED: Inmates with serious mental illness may often experience an exacerbation of their underlying illness when segregated.; Accordingly, the Department must exercise prudence and discretion in the assignment of inmates to segregation cells and provide sufficient screening, assessment, and treatment services to address their conditions in a humane and timely fashion.; Correctional , health services personnel and non-clinical staff need specific guidelines regarding practices with these inmates when considering segregation. ;
COST BENEFIT ANALYSIS: The economic impact of this rule will be contained and managed within the DOC health services contract and budget.; Specifically, the requirement of physician sign off prior to the use of segregation may involve some increased use of after hours or on call availability by the contractor. However, 24/7 physician coverage is a current expectation of the contractor.;
SCHEDULED HEARINGS: Thursday, August 25, 2005, 5-7 p.m. Agency of Human Services' Skylight Conference Room, 103 South Main Street, Waterbury, VT, and Tuesday, August 30, 2005, 1-3 p.m.; Hotel Coolidge "Vermont Room", 39 South Main Street, White River Junction VT.;
DEADLINE FOR PUBLIC COMMENT: September 9, 2005.;
FOR FURTHER INFORMATION, CONTACT: Suzanne Santarcangelo, 103 South Main Street, Waterbury, VT; 05671-1001, (802)241-4292.;
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Automatic Fire Suppression Systems at Gasoline Stations
Vermont Proposed Rule: 05P032 ;
AGENCY: Public Safety;
CONCISE SUMMARY: This rule clarifies that automatic fire suppression systems are required for unattended self-serve fuel dispensing facilities under the Vermont Fire & Building Safety Code - 2005 (NFPA 30A 7.3.5.1), but are not required for attended self-serve fuel dispensing facilities where employees are present to supervise fuel dispensing.; The Vermont Fire & Building Safety code is a minimum standard for safety. Since the inception of attended self-serve fuel dispensing facilities in Vermont there has not been compelling evidence that the benefits of having automatic fire suppression systems for attended self-serve facilities outweigh the costs of installation and potential problems with accidental discharge of the suppression system.;
TYPE OF PERSONS AFFECTED: Owners, operators, developers, and users of gasoline stations throughout the state. Municipal fire departments and the Division of Fire Safety.;
COST BENEFIT ANALYSIS: This rule eliminates a variance process.; It will save many gasoline station owners the cost of obtaining the variance.;
SCHEDULED HEARINGS: Wednesday, August 17, 2005, 10:30 a.m., Division of Fire Safety conference room, 1311 US Route 302, Suite 600, Berlin, Vermont.;
DEADLINE FOR PUBLIC COMMENT: August 26, 2005;
FOR FURTHER INFORMATION, CONTACT: John Wood, Director of Fire Safety 1311 US Rte 302 - Berlin, Suite 600 Barre, VT 05641-7561 (802)479-7561.
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Vermont Electrical Safety Rules - 2005
Vermont Proposed Rule: 05P033;
AGENCY: Public Safety;
CONCISE SUMMARY: The proposed Vermont Electrical Safety Rules will update the technical codes and standards, including the adoption of the 2005 edition of NFPA 70, or the National Electrical Code (N.E.C.), improving the consistency between these rules and other national and state regulations.;
TYPE OF PERSONS AFFECTED: Electricians, contractors, building owners, engineers, architects, the fire service, tenants and the general public.;
COST BENEFIT ANALYSIS: The 2005 proposed electrical safety rules are not significantly different from the 2003 rules. There are no major changes to the 2005 N.E.C. in terms of materials or wiring practices.; Therefore there is a negligible economic impact, except costs of code books to practitioners.;
SCHEDULED HEARINGS: Wednesday, August 17, 2005, 2:00 p.m., Division of Fire Safety Conference Room, 1311 US Route 302, Suite 600, Berlin, VT.;
DEADLINE FOR PUBLIC COMMENT: August 26, 2005.;
FOR FURTHER INFORMATION, CONTACT: Richard Schlieder, Chief of Licensing 100 Mineral St., Suite 307, Springfield, VT; 05156 802-885-8970.;
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Elevator Safety Rules
Vermont Proposed Rule: 05P034;
AGENCY: Public Safety;
CONCISE SUMMARY: These rules adopt current versions of national safety standards for the operation, maintenance, servicing, construction, alteration, installation and inspection of conveyances covered by the Elevator Safety Review Board.; These rules are required by statute to be amended periodically to incorporate changes in national standards.; The versions of the national standards adopted by this rule are ASME A17.1, 2004 edition, ASME A18.1, 2003 edition, and ASME A17.3, 2002 edition. ;
TYPE OF PERSONS AFFECTED: Owners of public buildings, manufacturers, installers and servicers of conveyances covered by the Board.; The general public that uses these conveyances.; Architects and engineers that design buildings.;
COST BENEFIT ANALYSIS: The economic impact of this rule update is negligible.; The elevator industry already builds and maintains elevators according to these national standards, as required by state law. Amending these rules to adopt current updated versions of the national standards should have little impact on either the elevator industry or elevator owners.;
SCHEDULED HEARINGS: Wednesday, August 17, 2005, 1:00 p.m., Division of Fire Safety Conference Room, 1311 US Route 302, Suite 600, Berlin, VT.;
DEADLINE FOR PUBLIC COMMENT: August 26, 2005.;
FOR FURTHER INFORMATION, CONTACT: Richard Schlieder, Chief of Licensing, Department of Public Safety, 100 Mineral St., Suite 307, Springfield VT; 05156; Tel. 802-885-8970.;
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Vermont Fire & Building Safety Code - 2005
Vermont Proposed Rule: 05P035;
AGENCY: Public Safety;
CONCISE SUMMARY: The Vermont Fire & Building Safety Code establishes the minimum standards to protect the public from fire, explosion, hazardous materials, dangerous structural conditions and the prevention of carbon monoxide poisoning.; This rule replaces the former Vermont Fire Prevention & Building Code and now incorporates the former Boiler & Pressure Vessel Rules utilizing the National Board Inspection Code.; This rule implements the new law to prevent carbon monoxide poisoning and further coordinates requirements for hazardous materials, explosives and large public gatherings.; This rule will permit expanded use of wood frame construction and requires more protection with fire sprinkler systems for some multi-family townhouse buildings and buildings with nightclubs and similar use. ;
TYPE OF PERSONS AFFECTED: The fire service, general public and building owners / managers are directly affected by this rule for the operation and use of public buildings.; Design professionals including architects and engineers, and contractors, sub-contractors and businesses that provide building materials and equipment are affected by this rule for new construction and alterations of public buildings.; State or municipal government entities that own or use buildings are affected by this rule similar to privately owned buildings. A more comprehensive list of people and organizations affected by this rule are included under the "public input statement".;
COST BENEFIT ANALYSIS: This rule is designed to reduce loss of life, injury, property loss and the economic impact from fire and similar emergencies.; The public, fire service and building owners expect safety regulations on public buildings and this rule contains the minimum requirement for building operation, additional safety features when there; is a change of use in existing buildings where the new use puts people more at risk, and safety features relevant for new building construction. This rule will permit expanded use of non-fireresistive construction that may significantly reduce construction costs but requires more protection with fire sprinkler systems for some multi-family townhouse buildings and nightclubs and buildings of similar use that will increase costs.; The use of new technology and reduced regulations may decrease the cost of construction but some changes for new construction will incrementally increase the cost.; Additional details are included in the "economic impact statement" and attachment.;
SCHEDULED HEARINGS: Wednesday, August 17, 2005, 9:00 a.m. Division of Fire Safety Conference Room, 1311 US Route 302, Suite 600 - Berlin, VT.;
DEADLINE FOR PUBLIC COMMENT: August 26, 2005.;
FOR FURTHER INFORMATION, CONTACT: Robert Howe, Chief Fire Prevention Officer, Department of Public Safety, 1311 US. Route 302 - Berlin Suite 600 Barre, VT; 05641-2351 (802)479-7566.;
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Changes to SSI - related Medicaid Pursuant to Act 56 (H.543)(2005)
Vermont Proposed Rule: 05P029;
AGENCY: Dept. for Children and Families (DCF);
FOR FURTHER INFORMATION, CONTACT:
For copies of the rule: www.dsw.state.vt.us/rulechange.htm; or contact Roxanne Doty, (802) 241-2937; roxanned@ahs.state.vt.us ; DCF, 103 South Main Street, Waterbury, VT; 05671-1201 Fax: (802)241-3934.;
For other questions about the rule: Marybeth McCaffrey, Esq., Health Care PolicyAnalyst (802) 241-2990; marybeth@ahs.state.vt.us; DCF, 103 South Main Street, Waterbury, VT 05671-1201 Fax: (802) 241-3934.;
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Choices for Care (1115 Long-Term Care Medicaid Waiver) Regulations
Vermont Proposed Rule: 05P030;
AGENCY: Human Services, Dept. of Disabilities, Aging and Independent Living;
FOR FURTHER INFORMATION, CONTACT: Bard Hill, 1115 Project Manager, Department of Disabilities, Aging and Independent Living, State of Vermont 103 South Main Street, Waterbury, VT 05671 802-241-2335.;
Return to the 2005 date selection page for more weekly notices or choose from the links in the left sidebar for notices from a different year.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
