Vermont Code of Rules, Agency 28 — Department of Public Safety

Subagency 000 GENERAL

Chapter 001 RULES GOVERNING DESIGNATED AREAS FOR WATERSKIING AND OTHER SIMILAR ACTIVITY WITHIN 200 FEET FROM SHORELINE

28-001 Code Vt. R. 28-000-001-X RULES GOVERNING DESIGNATED AREAS FOR WATERSKIING AND OTHER SIMILAR ACTIVITY WITHIN 200 FEET FROM SHORELINE

Section One Purpose

These rules set forth the procedures for filing an application and the criteria to be used in designating areas for waterskiing and other similar activity within 200 feet of a shoreline. These rules implement the exception contained in 23 V.S.A. Section 3315(d) which allows this activity within 200 feet of a shoreline only in designated areas.

Section Two Scope

These rules apply to all areas within 200 feet of a shoreline whether the activity is seasonal or intended for a single event. Permits shall not be granted for courses on rivers or when prohibited by regulations of the Water Resources Board.

Section Three Definitions

Waterskiing: For the purpose of this rule, "waterskiing" shall be defined as "the operation of a motorboat on any waters of this state for the purpose of towing a person or persons on water-skis, aquaplane, kite-skis, surfboard, or similar device."

Section Four Application

4.1 An individual, association, or other group or entity may apply to the Commissioner of Motor Vehicles, through the Commissioner of the Department of Public Safety for a permit to allow for the operation of a motorboat used for the purpose of towing a person or persons on water-skis, aquaplane, kite-skis, surfboard or similar device in areas less than 200 feet from a shoreline. The application shall be filed at least ninety (90) days prior to the proposed installation of the course or beginning of the activity. Application forms shall be provided by the Department of Public Safety, Marine Division.

4.2 The application shall contain the following information:

• Applicant address and phone number.

• Agent address and phone number.

• Date of proposed installation or beginning of the activity.

• Length of season, days and hours during which the designated area will be used.

• Number of seasons for which the permit is desired.

• A detailed description of the designated area.

The application shall also contain the following information, for the course or designated area as well as the adjacent area within five hundred (500) feet of the outside perimeter of the course or designated area:

a) Names and addresses of adjacent property owners.

b) Nature of the shoreline (undeveloped, developed, rocky, sandy, wooden, lawn, eroded, stable, etc.)

c) Presence and type of aquatic vegetation.

d) Presence and location of wetlands.

e) Presence and location of threatened, rare or endangered species, if known.

f) Shoreline encroachments (docks, boat houses, retaining walls, or other structures beyond the shoreline).

g) Existing uses of the area.

h) A detailed map of the designated area and the surrounding area.

Section Five Evaluation

5.1 Upon receipt of an application complying with Section 4.2, the director of the Vermont State Police Marine Division shall notify the following parties of the application:

(a) Local Board of Selectmen

(b) Adjacent property owners (within five hundred (500) feet).

(c) Secretary, Agency of Natural Resources

(d) Commissioner, Environmental Conservation

(e) State Recreation Planner

(f) State Wetlands Office

(g) Heritage Program

(h) Commissioner, Fish and Wildlife

(i) Water Resources Board

(j) Local Lake Association

(k) Other parties deemed appropriate by the Director.

The notification shall include a specified comment period which shall be a minimum of twenty (20) days. The notice shall also explain the criteria contained in Section 5.4 for holding a public information meeting.

5.2 The Director of the Marine Division shall deliver a copy of the application to the Agency of Natural Resources with a request that an environmental evaluation of the designated area, including but not limited to, impacts on shoreline erosion, aquatic habitat, fish and wildlife, water quality, aquatic vegetation, and benthic organisms be conducted. The Agency may also comment upon the impact of the course on adjacent areas and uses. The Director of the Marine Division shall, after consulting with the Agency of Natural Resources, request that the evaluation be completed within a specified period of time.

5.3 The Vermont State Police Marine Division shall evaluate the designated area for potential safety concerns and the impact on adjacent areas and uses. This evaluation shall be completed within the same timeframe requested of the Agency of Natural Resources.

5.4 If during the comment period, a request is received from a municipality, or twenty-five or more persons in interest, the Department of Public Safety shall hold a public information meeting. Notice of the meeting shall be provided to all parties required to receive notice by subsection 5.1, to all persons who have filed written comments within the comment period, and to all other parties the Department considers appropriate.

5.5 If another state agency, department or board finds it is dealing with similar issues regarding a specific waterskiing permit application, it may request that a joint public information meeting be held with the Department of Public Safety in order to avoid duplication of testimony, unnecessary expense and inconvenience to the public. The joint meeting may be held if another affected governmental agency informs the Department at least ten (10) days before the scheduled meeting.

5.6 The Commissioner of Motor Vehicles shall issue or deny a permit within ninety (90) days of receipt of the application by the Commissioner of the Department of Public Safety.

Section Six Approval Criteria

6.1 Prior to approval of the permit application, the applicant shall comply with all local, state, and federal laws and regulations. The Department of Public Safety shall provide the applicant with the necessary information on applicable laws and regulations.

6.2 In evaluating the appropriateness of granting a permit for a designated area, the Commissioner of Motor Vehicles shall consider safety, potential environmental damage, and the impact on adjacent areas and uses that will be caused by the activity. If the activity will create a undue safety hazard or an undue adverse environmental impact, the permit shall be denied. The Commissioner may impose conditions upon the issuance of a permit in order to ensure safety or reduce the impact of the activity on the area or adjacent areas.

6.3 The Commissioner, in approving or establishing conditions for a designated area, may consider and use as models, recognized national design standards published by the American Water Ski Association.

6.4 The applicant shall be responsible for installation, maintenance, and safety inspections of the designated area. When appropriate each permit shall contain a condition stating that the applicant shall be responsible for the prompt removal of the course markings at the end of each boating season.

6.5 Each permit shall be issued, contingent upon satisfaction of conditions and shall state that failure to comply with any conditions of the permit will result in revocation of the permit.

6.6 Upon a report by the Agency of Natural Resources that ice or snow cover has prevented an adequate environmental assessment during the evaluation period, the Commissioner may issue a permit contingent upon a later determination by the agency that undue adverse environmental damage will not occur.

6.7 Permits shall be issued for periods of no longer than five (5) years.

Section Seven Procedure for Revoking Permit

7.1 The Commissioner of Motor Vehicles may revoke or suspend a permit for failure to comply with conditions or stipulations set forth in the permit.

7.2 Upon receipt of a written statement from the Director of the Vermont State Police Marine Division which establishes that an immediate safety hazard or serious risk of environmental damage exists, the Commissioner may immediately suspend a permit.

7.3 Upon suspension of a permit pursuant to Section 7.2 of these rules, the director of the Marine Division shall, without unreasonable delay, deliver written notice to the holder of the permit or the holder's agent indicated on the application form. If actual in hand delivery cannot be made, the notice shall be left at the address of the permit holder or agent indicated on the application form. The notice shall state the reasons for the suspension and shall inform the permit holder that at its option an informal hearing shall be held. If such a hearing is requested it shall be held within two (2) business days of the applicant's request. At such a hearing the state shall have the burden of proof to establish that the suspension should continue.

7.4 The Director of the Vermont State Police Marine Division may immediately suspend a permit if activity on the course presents a serious and immediate safety hazard or causes serious environmental damage. Such a suspension shall expire in forty-eight (48) hours unless the Commissioner has extended the suspension pursuant to section 7.2.Statutory Authority: 23 V.S.A. C. 29, § 3315

History

• Effective Date: March 23, 1992 (SOS Rule Rule # 92.6)

Chapter 002 E.P.A. SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT, TITLE III, EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAM

28-002 Code Vt. R. 28-000-002-X E.P.A. SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT, TITLE III, EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAM

Section One Purpose

These rules set forth the procedures for hazardous chemical/substance identification, employer reporting, public disclosure of grants in Vermont as provided for in 20 VSA, Chapter 1, and Public Law 99-499, 42 USC 9601 "Superfund Amendments and Reauthorization Act of 1986, Title III Emergency Planning and Community Right to Know."

These rules are intended to implement a reporting system which will satisfy the requirements of laws specified above. Pesticides will be reported separately to the Vermont Department of Agriculture, Food, and Markets. These rules are implemented pursuant to 20 VSA Section 31.

Section Two Scope

2.1 These rules apply to all Employers and facilities that are required to prepare or have available Materials Safety Data Sheets (MSDS) for hazardous chemicals/substances under Federal Occupational Safety and Health Administration (OSHA) or Vermont Occupational Safety and Health Administration (VOSHA) regulation 29 R 1200, or have Petroleum Products, and fuels in excess of 10,000 pounds.

2.2 These rules also apply to state and local governments or any agency, department or instrumentality thereof.

2.3 Exemption - These rules do not apply to the Vermont National Guard.

Section Three Definitions

3.1

(a) Commissioner - unless otherwise specified, the Vermont Commissioner of Public Safety, or designee.

(b) Department - unless otherwise specified, the Vermont Department of Public Safety.

(c) Extremely hazardous substance - means any substance listed in the appendices to 40 R Part 355.

(d) Explosive - Any chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.

(e) Facility - means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of emergency release notification, the term includes motor vehicles, rolling stock, and aircraft.

(f) Hazard Category - means any of the following:

(1) Immediate (acute) health hazard including "highly toxic," "toxic," "irritant," "sensitizer," "corrosive," (as defined under 1910.120 of Title 29 of the Code of Federal Regulations) and other hazardous chemicals that cause an adverse effect to a target organ and which effect usually occurs rapidly as a result of short term exposure and is of short duration;

(2) Delayed (chronic) health hazard, including carcinogens (as defined under 1910.1200 of Title 29 of the Code of Federal Regulation) and other hazardous chemicals that cause an adverse effect to a target organ and which effect generally occurs as a result of long term exposure and is of long duration;

(3) Fire hazard, including "flammable," "combustible liquid," "pyrophoric," and "oxidizer" (as defined under 1910.1200 of Title 29 of the Code of Federal Regulations).

(4) Sudden release of pressure, including "explosive" and "compressed gas" (as defined under 1910.1200 of Title 29 Code of Federal Regulations);

(5) Reactive, including "unstable reactive," "organic peroxide," and "water reactive" (as defined under 1910.1200 of Title 29 of the Code of Federal Regulations).

(g) Hazardous chemical/substance - means any chemical/substance, including pesticides, which is a physical hazard or health hazard, except that such terms does not include the following substances.

(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

(3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.

(4) Any substance to the extent it is used in routine agricultural operations by private applicators (farmers). Commercial applicators and/or dealers are not exempted from the reporting requirements of these rules.

(h) Health hazards - means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed individuals. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.

(i) Inventory form - The Tier Two Emergency and Hazardous Chemical Inventory form or Tier Two Pesticide Inventory form or other form specified by the Department.

(j) Material Safety Data Sheet or MSDS - the document required to be developed under 1910.1200(g) of Title 29 of the Code of Federal Regulations.

(k) Physical Hazard - means a chemical/substance for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.

(l) Pesticide - means materials as defined in 6 VSA Section 1101(6).

(m) Petroleum products, and fuels - means gasoline; kerosene; number two heating oil; diesel fuel; kerosene base jet fuel; number four, five, and six residual oil for utility or non-utility use; liquefied petroleum gas; compressed natural gas.

(n) Regional Emergency Response Commission - the commission created by 20 VSA Section 33 to assist existing emergency management response efforts.

(o) Research laboratory - a workplace or work area of a workplace used primarily for research, development, non-routine testing or experimentation activity in which hazardous chemicals are used. Provided, however, that a research laboratory shall not be involved in the production or manufacture of goods for direct commercial sale.

(p) Significant change in the information previously provided - Modifications which alter physical or health hazards sufficiently to require changes in emergency response plans or actions.

(q) State Emergency Response Commission (SERC) - The commission created by 20 VSA Section 30 to carry out the requirements of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA).

(r)Threshold Planning Quantity - the quantities of extremely hazardous substances listed in the appendices of 40 R 355.

Section Four Hazard Determination

4.1 All chemicals/substances for which a Material Safety Data Sheet must be prepared or maintained under VOSHA or OSHA regulation 1910.1200 "Hazard Communication" are hereby designated as hazardous chemicals/substances for purposes of these rules.

Section Five Employer Facility Reporting Requirements

5.1 Annually, employers and owners or operators of a facility shall report the presence of hazardous chemicals/substances in each facility or workplace as specified in Table I. Reports for periods covering January 1 through December 31 of each year shall be filed on or before March 1 of the following year.

Previous reports filed pursuant to "Community Right to Know" regulations, effective March 1, 1987, DO NOT satisfy these reporting requirements.

5.2 Reports shall be filed on forms specified by the Department. All reports filed concerning pesticides shall be on forms specified by the Vermont Department of Agriculture, Food, and Markets.

5.3 Material Safety Data Sheets (MSDS) shall be submitted for each hazardous chemical/substance for which reporting is required. Submission of a MSDS may be waived by the Department or, for pesticides, by the Vermont Department of Agriculture, Food and Markets. In lieu of submitting a MSDS, the following may be submitted:

(a) A list of hazardous chemicals/substances for which an MSDS is required, grouped by hazard category as defined in section 3.1(f) of these rules; and

(b) The chemical or common name of each hazardous chemical/substance; and

(c) Any hazardous component of each such chemical as provided on the material safety data sheet.

5.4 Inventory forms and MSDS (or list authorized pursuant to section 5.3 of these rules) shall be submitted to the Department (acting for SERC); or for pesticides the Vermont Department of Agriculture, Food, and Markets; the Local Emergency Planning Committee; and the local fire department having jurisdiction over the workplace or the facility. To insure optimum information flow and availability, SERC may temporarily receive information on behalf of any LEPC and redistribute such information or summaries to any LEPC.

The addresses and telephone numbers of the filing locations are shown in section 8 of these rules.

5.5 Supplemental Reporting

(a) The employer or facility who has submitted MSDS under section 5.3 shall provide revised MSDS to the organizations specified in section 5.4 within 3 months after discovery of significant new information concerning the hazardous chemical for which the MSDS was submitted.

(b) Within 30 days of a request by the Department, Vermont Department of Agriculture, Food, and Markets, State Emergency Response Commission, Local Emergency Planning Committee, or the fire department having jurisdiction over the facility or workplace, the employer shall submit MSDS for any hazardous chemical/substance present at a facility regardless of quantity

5.6 Research Laboratories

(a) Facilities having multiple research laboratories shall file a separate reporting form for each building containing a research laboratory.

5.7 Emergency Notice

(a) Release of any hazardous materials/substances requiring notification under section 304 of Title III of the Superfund Amendment and Reauthorization Act of 1986 shall be given immediately after the release by the owner or operator of a facility (by such means as telephone, radio, or in person) to the Local Emergency Planning Committees for any area likely to be affected by the release and to the State Emergency Planning Commission of any State likely to be affected by the release.

With respect to transportation of a substance subject to the requirements of section 304 or storage incident to such transportation, the notice requirements of this section with respect to a release shall be satisfied by telephoning Vermont Emergency Response Management at (800) 641-5005, and the local response organization, by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.

Notice shall include each of the following (to the extent known at the time of the notice and so long as no delay in responding to the emergency results):

(1) The chemical name or identity of any substance involved in the release.

(2) An indication of whether the substance is on the list referred to in section 302(a) of SARA.

(3) An estimate of the quantity of any such substance that was released into the environment.

(4) The time and duration of the release.

(5) The medium or media into which the release occurred.

(6) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.

(7) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan).

(8) The name and telephone number of the person or persons to be contacted for further information.

(b) Follow-up Emergency Notice:

As soon as practicable, but not more than seven calendar days after such a release, the owner or employer shall provide a written emergency notice (or notices, as more information becomes available) to the SERC through the Department or for pesticides the Department of Agriculture, Food and Markets, setting forth and updating the information required under Section 304, subsection (b), and including additional information with respect to:

(1) actions taken to respond to and contain the release,

(2) any known or anticipated acute or chronic health risks associated with the release, and

(3) where appropriate, advice regarding medical attention necessary for exposed individuals.

Section Six Fees

6.1 Beginning January 1, 1991 every facility or employer filing a report pursuant to the requirements of these rules shall pay a fee for each reported hazardous chemical or substance in accordance with the schedule set out in Table II. Fees are due and shall be paid at the time of reporting.

Where the container and the hazardous chemical or substance are separately owned, the owner of the hazardous chemical or substance shall be responsible for the fee.

6.2 The following are exempted from paying fees but shall comply with all applicable reporting requirements of this chapter:

(1) Municipalities and other political subdivisions.

(2) State agencies.

(3) Persons engaged in farming as defined in 10 VSA 6001.

(4) No person shall be required to pay a fee for a chemical or substance which has been determined to be an economic poison as defined in section 911 of Title 6 or for a fertilizer or agricultural lime as defined in section 363 of Title 6 and for which a registration or tonnage fee has been paid to the Department of Agriculture, Food and Markets pursuant to chapter 28 or 81 of Title 6.

(5) Non profit corporations

6.3 The fees shall be paid to the "Vermont Commissioner of Public Safety, Hazardous Substance Fund." Fees shall be paid by check or money order. All Fees shall be deposited into the Hazardous Substance Fund established by 20 VSA Section 38(b).

Section Seven Reporting Locations and Public Access to Information

7.1 Reporting forms and requests for information concerning data gathered by the Department shall be directed to:

Vermont Emergency Management

Community Right to Know

103 S. Main Street

Waterbury, Vermont 05671

Pesticide reporting forms and requests for information concerning pesticide data gathered by the Vermont Department of Agriculture, Food, and Markets shall be directed to:

Vermont Department of Agriculture, Food and Markets

Plant Industry Section

116 State Street

Drawer 20

Montpelier, Vermont 05620-2901

(802) 828-2431

Alternatively, informational requests may be directed to any Local Emergency Planning Committee.

7.2 Emergency Response Plans, Material Safety Data Sheets, Inventory Forms, Toxic Chemical Release Forms and Follow-up Emergency Notices shall, with the exception of information containing trade secrets as defined by Sec. 322 of Title III, SARA, be available to the general public. Information shall be available for public inspection during the Department's and the Department of Agriculture, Food and Markets' normal business hours and shall be provided for the cost of copying, printing, postage, and handling.

Upon request of an owner or operator of a facility, the Department and the Department of Agriculture, Food and Markets shall withhold from public disclosure the exact location of any specific chemical required to be listed on an inventory reporting form.

7.3 The State Emergency Response Commission shall annually publish a notice in newspapers of general circulation throughout the state that the Emergency Response Plan, Materials Safety Data Sheets, and Inventory Forms have been submitted to the Department and the Department of Agriculture, Food and Markets. The notice shall state that follow-up emergency notices may subsequently be issued. Such notice shall state that members of the public who wish to review any such plan, sheet, form, or follow-up notice, may do so at a location designated by the Department or the Department of Agriculture, Food and Markets.

Section Eight Enforcement, Penalties, and Appeals

8.1 Enforcement

(a) The Department, a Local Emergency Planning Committee, the State Emergency Response Commission, and its agents, and in the case of pesticides, the Vermont Department of Agriculture, Foods, and Markets, shall have authority to enter upon and inspect the premises and records of any employer and facility at reasonable times in order to ensure compliance with these rules.

(b) Upon notification to an employer or operator of a facility or a workplace subject to these rules, by the fire department with jurisdiction over the facility, the fire department shall be allowed to conduct an on-site inspection of the facility.

(c) A person who violates any provision of Title 20, Chap. 1, or a rule adopted under this chapter shall be fined not more than $ 1,000 for each violation. Each day a violation continues shall be deemed to be a separate violation.

8.2 General

(a) Reference is made to the latest EPA rule, 40 R 370, "Emergency Hazardous Chemical Inventory Forms and Community Right to Know Reporting Requirements; Final Rule." This document shall be used to provide guidance for procedural details not included in these rules.

Section Nine Disbursements and Grants

9.1 Disbursements

The Commissioner of Public Safety, with the approval of the State Emergency Response Commission, may spend monies from the Hazardous Chemical and Substance Emergency Fund, reasonably necessary to implement and administer the requirements of Title III of Superfund Amendments and Reauthorization Act of 1986 (SARA) and 20 V.S.A. Secs. 30-32, 38. Such costs may include:

• Employment of personnel to manage and coordinate data.

• Implementation of site visits.

• Informational mailing.

• Establishment of and providing training program and personnel.

• Data processing.

• mailing.

• Purchase or rental of equipment.

• Auditing Expenses.

• Employment of Personnel for Administrative Assistance to the SERC.

• Chemical Emergency Planning Activities.

• Accident Prevention Programs.

• Technical Assistance.

• Outreach Activities.

9.2 Grants to Local Emergency Planning Districts

(a) Each local Emergency Planning District shall receive an annual grant of $ 1,500.

(b) Disbursement of the annual grant to each local Emergency Planning District shall be contingent upon adequate funds or anticipated funds in the Hazardous Chemical and Substance Emergency Response Fund.

(c) Initial grants to local Emergency Planning Districts need not be of equal amounts. In determining the size of initial grants, the Commissioner of Public Safety and the State Emergency Response Commission shall consider the money available in the fund, anticipated funds, the amount of other pending or anticipated requests from local Emergency Planning Districts and the merits of the request itself.

(d) Local Emergency Planning Committees shall file an application for a portion or all of the annual grant of $ 1,500. The application shall state a request for a specific amount of money and a budget indicating how the grant shall be spent. The proposal should indicate how the proposed spending will further the Local Emergency Planning Committee's long term goals and how the proposal coincides with the Local Emergency Planning Committee's evaluation, conducted pursuant to Sec. 303(b) of Title III, (SARA) of the need for resources necessary to develop, implement, and exercise the emergency plan.

(e) Grants may be awarded for all costs reasonably necessary to implement and administer those duties imposed upon Local Emergency Planning Committees by 20 V.S.A. Sec. 32. Costs may include:

• employment of personnel;

• training cost;

• equipment;

• data processing;

• mailing;

• office space; and

• cost of complying with auditing or reporting requirements mandated by the State Emergency Response Commission.

• Chemical Emergency Planning Activities.

• Accident Prevention Programs.

• Technical Assistance.

• Outreach Activities.

(f) The commissioner of Public Safety with the approval of the State Emergency Response Committee shall approve in total, approve in part, or request resubmission of grant applications with modifications.

(g) Prior to actually receiving the money provided by the grant, each Local Emergency Planning Committee must be incorporated or must affiliate itself with a city, town, fire district, incorporated village, or other incorporated entity. Such entity must agree to receive, hold, and disburse the grant monies, and document such transactions according to generally accepted accounting principles. The financial records of the Local Emergency Planning Committee and any affiliated, incorporated entity shall be considered public records and shall be provided to the Commissioner of Public Safety or the State Emergency Response Commission upon request. All such records must be maintained for a minimum of five years.

9.3 Additional Grants

(a) After disbursement of the annual grant amounts to each Local Emergency Planning District or upon a determination that sufficient funds exist or are anticipated to meet the requirements of the annual grant amounts, additional grants may be made by the Commissioner of Public Safety, with the approval of the State Emergency Response Commission to any local emergency planning commission or regional emergency response commission as well as to any political subdivisions including any city, town, fire district, incorporated village, and other incorporated entities in the state.

(b) Grants made pursuant to this section shall be matched by the local government in the amount of twenty-five (25) percent of the grant unless waived by the State Emergency Response Commission. The match may be by contribution or by privately furnished funds or by inkind services, space or equipment which would otherwise be purchased by the Committee. Applications shall be submitted for a specific amount of money and a budget indicating how the grant shall be spent. The proposal shall address those factors outlined in Section 9.3(c).

(c) The Commissioner of Public Safety and the State Emergency Response Commission shall consider the comments and evaluations from the appropriate Local Emergency Planning Committee as to the merits of the proposal. They shall also consider how the proposal coincides with the Local Emergency Planning Committee's evaluation, conducted pursuant to Section 303(b) of Title III, (SARA) of the need for resources necessary to develop, implement, and exercise the emergency plan. Emphasis shall be placed upon high-risk localities and proposals which facilitate coordination of emergency response services within planning districts.

(d) Grants may be awarded for costs reasonably necessary to establish and implement hazardous chemical and substance emergency response services. Costs may include:

• employment of personnel

• training costs

• equipment

• data processing

• mailing

• office space

• costs of complying with auditing or reporting requirements mandated by the State Emergency Response Commission.

• Chemical Emergency Planning Activities.

• Accident Prevention Programs.

• Technical Assistance.

• Outreach Activities.

(e) The grantee must agree to receive, hold, and disburse the grant monies, and document such transactions according to generally accepted accounting principles. The financial records of the grantee shall be considered public records and shall be provided to the Commissioner of Public Safety or the State Emergency Response Commission upon request. All such records must be maintained for a minimum of five years.

9.4 Reorganization of Additional Local Emergency Planning Committees/Districts

(a) If existing Local Emergency Planning Districts are reorganized and result in additional or fewer districts than presently exist, the State Emergency Response Commission shall determine whether the new districts shall qualify for all or part of the minimum grants in Section 9.2(a).

(b) In determining the amount of the minimum grant, if any, to be apportioned to a new district, the State Emergency Response Commission shall consider the amount of grants previously made to those areas comprising the new district, the benefits received by those areas from any such grants, and the existing needs of the newly created district.

9.5 Review and Audits of Grants

(a) The Commissioner of Public Safety and the State Emergency Response Commission may require, as a condition of a grant, that a grantee prepare or have prepared a periodic report, summary or audit of the expenditures made pursuant to the grant. The costs of complying with such a condition may be provided for in the grant.

Section Ten Trade Secrets

10.1 Requests for trade secret confidentiality status must meet the requirements of Public Law 99-499 SARA Title III, Sec. 322, Trade Secrets.

TABLE I REPORTING REQUIREMENTS AND QUANTITIES

TABLE II REPORTING FEES

• "Quantity Reported" is the "Maximum Daily Amount" of the Inventory section of the reporting form. Statutory Authority: 20 V.S.A. C.1, § 39(b)

History

• Effective Date: October 14, 1991
• AMENDED: December 30, 1994 (Secretary of State Rule Log # 94-55);
• October 9, 1995 (Secretary of State Rule Log # 95-64)

Chapter 003 THERAPEUTIC USE OF CANNABIS

28-003 Code Vt. R. 28-000-003-X THERAPEUTIC USE OF CANNABIS

Section 1 Definitions

As used in these rules the terms specified in this section shall have the following meanings:

1.1 "Appeal" means a request for review of a decision made by the Department pursuant to Section 13 of these rules.

1.2 "Bona fide health care professional-patient relationship" means a treating or consulting relationship of not less than six months duration, in the course of which a health care professional has completed a full assessment of the registered patient's medical history and current medical condition, including a personal physical examination. The six month requirement shall not apply if a patient has been diagnosed with:

(A) A terminal illness,

(B) cancer with distant metastases, or

(C) acquired immune deficiency syndrome.

1.3 "Cannabis" shall mean the Cannabis plant and any part of the plant that are defined in Sections 1.12 and 1.16.

1.4 "Cardholder" means a person currently registered with the Vermont Marijuana Registry as a patient, caregiver, principal officer, board member, or employee.

1.5 "Clone" means a plant section from a female marijuana plant not yet root-bound, growing in a water solution, which is capable of developing into a new plant.

1.6 "Criminal history record" means all information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.

1.7 "Debilitating medical condition," provided that, in the context of the specific disease or condition described in section (A) or (B), reasonable medical efforts have been made over a reasonable amount of time without success to relieve the symptoms, means:

(A) cancer, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms; or

(B) a disease, medical condition, or its treatment that is chronic, debilitating, and produces severe, persistent, and one or more of the following intractable symptoms: cachexia or wasting syndrome; severe pain; severe nausea; or seizures.

1.8 "Department" means the Vermont Department of Public Safety.

1.9 "Dispensary" means a nonprofit entity registered under 18 V.S.A. § 4474e which acquires, possesses, cultivates, manufactures, transfers, transports, supplies, sells, or dispenses marijuana, marijuana-infused products, and marijuana-related supplies and educational materials for or to a registered patient who has designated it as his or her center and to his or her registered caregiver for the registered patient's use for symptom relief. A registered dispensary may provide marijuana for symptom relief to registered patients at only one facility or location but may have a second location associated with the dispensary where the marijuana is cultivated or processed. Both locations are considered part of the same dispensary.

1.10 "Government employee" means a person employed by the State of Vermont or its political subdivisions.

1.11 "Health care professional" means an individual licensed to practice medicine under 26 V.S.A. Chapter 23 or 33, an individual licensed as a naturopathic physician under 26 V.S.A. Chapter 81 who has a special license endorsement authorizing the individual to prescribe, dispense, and administer prescription medicines to the extent that a diagnosis provided by a naturopath under this chapter is within the scope of his or her practice, an individual certified as a physician assistant under 26 V.S.A. Chapter 31, or an individual licensed as an advanced practice registered nurse under 26 V.S.A. Chapter 28.

(A) Except for naturopaths, this definition includes individuals who are professionally licensed under substantially equivalent provisions in New Hampshire, Massachusetts, or New York.

1.12 "Hemp" shall have the same meaning as defined in 6 V.S.A. § 562.

1.13 "Hemp-infused product" means a product permeated with hemp that is intended for use of consumption other than by smoking, including but not limited to oil, solvents, ointments, tinctures, and edible or potable products.

1.14 "Immature marijuana plant" means a female marijuana plant that has not flowered and which does not have buds that may be observed by visual examination.

1.15 "Locked container" means a secure enclosed container equipped with a padlock, key lock, combination lock or similar locking device that only permits access to the cardholder.

1.16 "Marijuana" shall have the same meaning as defined in 18 V.S.A. § 4201.

1.17 "Marijuana-infused product" means a product permeated with marijuana intended for use or consumption other than by smoking, including but not limited to oils, solvents, ointments, tinctures, and edible or potable products.

1.18 "Marijuana-related supplies" shall include pipes, vaporizers, and other items classified as drug paraphernalia under 18 V.S.A. Chapter 89.

1.19 "Mature marijuana plant" means a female marijuana plant that has flowered and which has buds that may be observed by visual examination.

1.20 "Ounce" means a unit of weight equaling 28 grams for the purpose of these rules.

1.21 "Possession limit" means the amount of marijuana, including the attributed weight of marijuana used in marijuana-infused products:

(A) Allowed to be collectively possessed between the registered patient and the patient's registered caregiver, which is no more than two mature marijuana plants, seven immature plants, and two ounces of usable marijuana;

(B) Allowed to be possessed by a registered dispensary, which is no more than 28 mature marijuana plants, 98 immature plants, and 28 ounces of usable marijuana;

(C) If a registered dispensary is designated by more than 14 registered patients; the dispensary is allowed to possess no more than two mature marijuana plants, seven immature marijuana plants and four ounces of usable marijuana for each currently registered patient that has designated that specific dispensary.

1.22 "Recent or sudden onset" means a length of time of six months or less.

1.23 "Registered caregiver" means a person who is at least 21 years of age, has met eligibility requirements as determined by the Department in accordance with these rules, and who has agreed to undertake responsibility for managing the well-being of a registered patient with respect to the use of marijuana for symptom relief. A registered caregiver shall be a resident of Vermont and shall not be a currently registered patient.

1.24 "Registered patient" means a resident of Vermont who has been issued a registration card by the Department of Public Safety identifying the person as having a debilitating medical condition as defined by these rules. "Resident of Vermont" means a person whose domicile is Vermont.

1.25 "Secure indoor facility" means a building or room equipped with locks or other security devices that only permits the cardholder access.

1.26 "Terminal illness" means

a. medical prognosis that limits an individual's life expectancy to less than six months.

1.27 "Transport" means the movement of marijuana or marijuana-infused products from registered growing locations to their associated dispensaries, between dispensaries, to registered patients and caregivers in accordance with delivery protocols, or as otherwise authorized by these rules. Transport shall only occur within the State of Vermont.

1.28 "Usable marijuana" means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stalks, and roots of the plant.

1.29 "Use for symptom relief means the acquisition, possession, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a registered patient's debilitating medical condition which is in compliance with all the limitations and restrictions contained in these rules.

1.30 "Violent felony" means a listed crime as defined in 13 V.S.A. § 5301 or an offense involving sexual exploitation of children in violation of 13 V.S.A. Chapter 64.

1.31 "V.S.A" means Vermont Statutes Annotated as defined in 1 V.S.A. Chapter 1.

Section 2 Scope

2.1 Restrictions: The exemption from criminal and civil penalties afforded by 18 V.S.A. § 4474b do not extend to violation(s) of other Vermont state laws or to violation(s) of the laws of other states.

2.1.1 Federal Law Violations: The production, possession, and distribution of marijuana remains a violation of federal law. Persons in violation of federal law may be subject to federal prosecution. Neither, 18 V.S.A. Chapter 86, nor these rules, provides any protection against a violation of federal law.

2.1.2 State Law Violations: The provisions contained in 18 V.S.A. Chapter 86 apply only to conduct that occurs in Vermont. They do not apply to conduct that occurs outside of the state of Vermont.

2.2 Prohibitions: These rules shall not exempt any person from arrest and/or prosecution for:

2.2.1 Being under the influence of marijuana while:

2.2.1.1 operating a motor vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power;

2.2.1.2 in a workplace or place of employment; or

2.2.1.3 operating heavy machinery or handling a dangerous instrumentality.

2.2.2 The possession or cultivation of marijuana or marijuana-infused products by a cardholder:

2.2.2.1 for purposes other than symptom relief as permitted by these rules; or

2.2.2.2 in a manner that endangers the health or well-being of another person.

2.2.3 The use, possession, or cultivation of marijuana or marijuana-infused products by a registered patient:

2.2.3.1 for purposes other than symptom relief as permitted by these rules; or

2.2.3.2 in a manner that endangers the health or well-being of another person.

2.2.4 The smoking of marijuana in any public place, including but not limited to:

2.2.4.1 a school bus, public bus, or other public vehicle;

2.2.4.2 a workplace or place of employment;

2.2.4.3 any school grounds;

2.2.4.4 any correctional facility;

2.2.4.5 any public park, public beach, public recreation center, or youth center.

2.3 Limitations: These rules shall not be construed to require that coverage or reimbursement for the use of marijuana for symptom relief be provided by:

2.3.1 a health insurer as defined in 18 V.S.A. § 9402, or any insurance company regulated under 8 V.S.A.;

2.3.2 Medicaid or any other public health care assistance program;

2.3.3 an employer; or

2.3.4 for purposes of worker's compensation, an employer as defined in 21 V.S.A.§ 601.

2.4 Construction: These rules may not be construed to prevent a municipality from prohibiting the establishment of a registered dispensary within its boundaries or from regulating the time, place, and manner of dispensary operations through zoning or other local ordinances.

2.5 Disposal of unused marijuana: Unused marijuana or marijuana plants in the possession of the registered patient, caregiver, or dispensary that is no longer needed for the registered patient's use, or if they are over their possession limits, may be disposed of by transporting the marijuana to a state law enforcement agency. Presentation of a valid registry identification card and a valid driver's license or non-driver identification card may be required. After the death of a registered patient, any marijuana or marijuana plants that were in their possession shall be disposed of within 72 hours. The registered patient's caregiver or next of kin shall contact a state law enforcement agency and make arrangements for disposal of the marijuana and/or marijuana plants.

2.6 Cardholders authorized conduct:

2.6.1 Cardholders shall comply with the authorized possession limit as defined in Section 1;

2.6.2 Cardholders shall not transport marijuana in public, including in a motor vehicle, except in a locked container;

2.6.3 Cardholders shall notify the VMR within 10 business days when a registry identification card is lost or stolen; and

2.6.4 Cardholders shall submit all information required for renewal of a registry identification card to the VMR 30 days before the expiration date of the current card, in order to prevent a lapse in status. This information may not be submitted more than 90 days before the expiration date.

Section 3 Registered Patient

3.1 Applying for a registry identification card: A person who is domiciled in Vermont and meets the requirements under 18 V.S.A. Subchapter 2 of Chapter 86 may apply to become a registered patient by submitting the following to the VMR:

3.1.1 A patient applying for a registry identification card shall complete a Department-approved application form. The form shall include a statement that the information submitted by the applicant is accurate and the application shall be signed in the presence of a notary. At a minimum, the form shall provide the following information concerning the applicant:

3.1.1.1 Name, address, phone number, and date of birth;

3.1.1.2 A general physical description, such as height and weight;

3.1.1.3 A valid Vermont driver's license or non-driver identification number. A valid Vermont driver's license or non-driver identification card is required to establish residency. The VMR will review alternative documentation submitted on a case-by-case basis for patients without such documentation;

3.1.1.4 Name, address, phone number, and data of birth, of any person applying for authorization to become the applicant's registered caregiver under 18 V.S.A. Chapter 86 and Section 4 of these rules; and

3.1.1.5 Whether the applicant intends to obtain marijuana from a registered dispensary, and if so, which dispensary, or whether the applicant intends to cultivate marijuana in accordance with state law. A registered patient may not cultivate marijuana if the patient designates a dispensary. Applicants who elect to cultivate marijuana shall provide the physical address and specific location of the enclosed locked facility in which cultivation will occur.

3.1.2 A Health Care Professional Verification Form that has been completed by a health care professional;

3.1.3 The required fee; and

3.1.4 A recent electronic photograph of the patient applicant. This photograph may be obtained from any source.

3.2 Patient applicant is subject to guardianship, power of attorney, or under the age of 18: A patient who is subject to guardianship, power of attorney, or under the age of 18, may apply for a registry identification card for the lawful use of marijuana for symptom relief.

3.2.1 A patient subject to this subsection applying for a registry identification card shall submit all required information specified in Section 3.1.

3.2.1.1 A valid Vermont driver's license or non-driver identification card is required to establish residency of the parent, guardian, or durable power of attorney who signs the patient's application, in the event the patient applicant does not possess a valid Vermont driver's license or non-driver identification card.

3.2.2 The completed Department-approved patient application and release of information contained within the Health Care Professional Verification Form signed by the patient and by a parent, guardian, or power of attorney.

3.2.3 A registered patient who is under 18 years of age may have two registered caregivers.

3.2.4 A registered patient who is under 18 years of age shall be accompanied by his or her registered caregiver, who is the registered patient's parent or guardian, when entering a registered dispensary.

3.2.5 A parent or guardian shall not be subject to the required fee, contained in Section 8 of these rules, when applying to become a registered caregiver of a registered patient, who is under the age of 18 and has designated a dispensary. This exemption shall be limited to one registered caregiver per year.

3.3 Health Care Professional Verification Form: A Department-approved verification form completed by a health care professional, within the last six months and submitted by a patient applying for a registry identification card, shall include:

3.3.1 A statement that a bona fide health care professional-patient relationship exists, or that the debilitating medical condition is of recent or sudden onset and the patient has not had a previous health care professional who is able to verify the nature of the disease and its symptoms;

3.3.2 A statement that reasonable medical efforts have been made over a reasonable amount of time without success to relieve the symptoms;

3.3.3 A statement that the patient has a debilitating medical condition, including the specific disease or condition which the patient has, and whether the patient meets the criteria under Section 1.7 of these rules;

3.3.4 A signature line which provides in substantial part: "I certify that I meet the definition of a "health care professional" under 18 V.S.A. § 4472, that I am a health care professional in good standing in the state of.....and that the facts stated on the form are accurate to the best of my knowledge and belief;

3.3.5 The health care professional's contact information, certification or license number, professional classification, and issuing state of professional certification or license; and

3.3.5.1 The VMR shall verify the health care professional is in good standing with the appropriate regulating state agency.

3.3.6 A release of information signed by the patient applicant authorizing the Department to verify and confirm the accuracy of the information contained within the Health Care Professional Verification Form.

3.4 Renewal of registry identification card: A registered patient may apply to renew his or her registry identification card provided the required documentation and fee are submitted in accordance with Section 3.1 or 3.2 of these rules. Subsequent renewal applications shall not require notarization. An updated electronic photo may be required.

3.5 Registered patient authorized conduct: In addition to the prohibitions contained in Section 2.2 and the authorized conduct in Section 2.6 of these rules, a registered patient may:

3.5.1 Obtain marijuana only from his or her designated dispensary and may only designate one dispensary;

3.5.2 Not grow marijuana for symptom relief if the patient designates a dispensary;

3.5.3 Elect to cultivate marijuana for symptom relief in a single secure indoor facility, in lieu of designating a registered dispensary for obtaining useable marijuana;

3.5.4 Acquire marijuana seeds or clones from a registered dispensary, if the registered patient has elected to cultivate marijuana in a single secure indoor facility;

3.5.5 Designate one registered caregiver, except registered patients under 18 years of age may designate two registered caregivers; and

3.5.6 Change his or her designated dispensary only once every 90 days.

3.6 Registered patient prohibitions: These rules shall not exempt a registered patient from arrest and/or prosecution for:

3.6.1 Using, possessing marijuana if he or she does not have a debilitating medical condition;

3.6.2 Obtaining marijuana for symptom relief from any source other than authorized by these rules;

3.6.3 Cultivating marijuana in a manner other than authorized by these rules; and

3.6.4 Consuming marijuana on the property of a registered dispensary.

3.7 Sole Preference: A registered caregiver and/or designated dispensary identified on the patient's application shall solely be determined by the registered patient.

Section 4 Registered Caregiver

4.1 Caregiver designation: A registered patient may designate a caregiver to assist with marijuana for symptom relief.

4.2 Applying for a caregiver registry identification card: A person, whose domicile is Vermont may apply for a caregiver registry identification card to undertake responsibility for managing the well-being of a registered patient with respect to the use of cannabis for symptom relief by submitting:

4.2.1 A completed Department-approved caregiver application including at least the following information:

4.2.1.1 Name, address, and date of birth;

4.2.1.2 A general physical description, such as height and weight;

4.2.1.3 A valid Vermont driver's license or non-driver identification number; and,

4.2.1.4 Consent to release criminal history records.

4.2.2 The required fee;

4.2.3 A recent electronic photograph of the caregiver applicant. This photograph may be obtained from any source.

4.3 Renewal of registry identification card: A registered caregiver may apply to renew his or her registry identification card provided the required documentation and fee are submitted in accordance with Section 4.2 of these rules. An updated electronic photo may be required for subsequent renewal applications.

4.4 Registered caregiver's authorized conduct: In addition to the prohibitions contained in Section 2.2 and the authorized conduct in Section 2.6 of these rules, a registered caregiver assisting a registered patient may:

4.4.1 Possess marijuana as authorized by these rules and Vermont law for his or her registered patient's use for symptom relief. The amount of marijuana collectively possessed between the registered caregiver and patient must not exceed the possession limit;

4.4.2 Cultivate marijuana plants for his or her registered patient, in a single secure indoor facility. The amount of marijuana collectively possessed between the registered caregiver and patient must not exceed the possession limit;

4.4.3 Acquire marijuana seeds or clones from a registered dispensary, if his or her registered patient elected to cultivate in a single secure indoor facility;

4.4.4 Cultivate marijuana for symptom relief for his or her registered patient in a single secure indoor facility specified by the registered patient, in lieu of designating a registered dispensary for obtaining useable marijuana;

4.4.5 Obtain marijuana only from his or her registered patient's designated dispensary and may not grow marijuana for symptom relief, if the registered patient has designated a dispensary;

4.4.6 Assist no more than one registered patient at any one time with his or her use of marijuana for symptom relief.

4.5 Caregiver criminal history record: A person applying to become a registered patient's registered caregiver shall meet the criminal history record requirements described in Section 7.1 of these rules.

4.6 Transport: A registered caregiver shall take reasonable steps to provide the marijuana to his or her registered patient in a timely manner.

4.7 Application fee: A parent or guardian applying to become a registered patient's registered caregiver shall not be subject to the required fee contained in Section 8, if the registered patient is under the age of 18 and has designated a dispensary.

Section 5 Dispensary Application Procedures

5.1 Limit of dispensary registration certificates: Unless otherwise authorized by statute, no more than four dispensaries shall hold valid registration certificates at any one time.

5.2 Announcement: The Department shall publish an announcement when opening the application period for dispensary registration certificates. The announcement shall include the application requirements and a deadline for the acceptance of applications.

5.3 Application: Entities may apply for a dispensary registration certificate during an open application period by submitting:

5.3.1 A completed Department-approved dispensary application that shall include:

5.3.1.1 The formal nonprofit entity name, name of principal officer applicant, mailing address, and phone number;

5.3.1.2 Articles of incorporation and bylaw;

5.3.1.3 The proposed location(s), physical address and documentation from the landlord or property owner providing consent to operate a dispensary at the identified location. If the proposed location(s) has yet to be determined, the applicant shall identify the municipality in which the proposed dispensary will be located;

5.3.1.4 Verification from the municipality that the proposed physical address is not located within 1,000 feet of a pre-existing public or private school boundary or licensed/regulated childcare facility, and that local codes and ordinances do not prohibit dispensaries. In the event that the municipality is unable to provide verification that the proposed physical address is not located within 1,000 feet from and existing public or private school boundary or licensed/regulated childcare facility, a sworn affidavit of the applicants or other qualified individual may be substituted, provided that the affidavit sets out that reasonable efforts were made;

5.3.1.5 The name, address, dates of birth, and valid Vermont driver's license or non-driver identification number of each principal officer and board member of the dispensary;

5.3.1.6 Proof of fingerprinting from a designated Identification Center for each principal officer and board member;

5.3.1.7 A list of all individuals or entities proposed that will have direct or indirect entitlements to the land or building(s), and/or providing capital to the non-profit entity;

5.3.1.8 An acknowledgement that the dispensary will pay for the costs associates with all persons that apply as a principal officer, board member, or employee of a dispensary for a registry identification card;

5.3.1.9 Information addressing selection criteria and measures contained in Section 5.4;

5.3.1.10 A signature, certifying that the information submitted is true and accurate; and

5.3.1.11 A completed statement of compliance with taxes and unemployment compensation contributions.

5.3.2 The required fee.

5.4 Selection criteria and measures: Each application shall address each of the following criteria and measures. Applications that fail to address all criteria and measures will be rejected as non-responsive, and will not be considered.

5.4.1 Criterion 1: Business plan and facility information [up to 25 points]

Measure 1: Describe the secure indoor facility that will be used for cultivating marijuana, including, but not limited to, security measures contained in Section 6.10 and visibility to the public. If applicable, describe the facility or location that will be used to cultivate hemp, including, but not limited to, security measures contained in Section 6.14.2. [up to 10 points]

Measure 2: A business plan that thoroughly describes the expected financial development for the first three years of dispensary operations. The business plan, at a minimum, shall include: [up to 15 points]

• A detailed financial plan describing the amount and source of capital and debt obligations demonstrating viability for the first three years of operation. Additionally, this plan shall include the availability of funds allocated for capital and operating expenditures;

• A proposed sliding-scale pricing policy that addresses a registered patient's ability to pay;

• Projected income statements for the first three years of operations;

• A description of experience possessed by the principal officer(s) and board members relevant to managing non-profit or for-profit entities.

5.4.2 Criterion 2: Overall health needs of registered patients [up to 35 points]

Measure 1: Demonstrate the convenience of the proposed location for registered patients. Provide documentation that the facility is accessible for registered patients with limited mobility and that the proposed geographic region is underserved and/or the convenience of this geographic location including the projected impact to the registered patient population. Attach comments from cardholders regarding the location, if available. [up to 10 points]

Measure 2: Provide a cultivation plan detailing the process that will be implemented to provide an adequate supply of marijuana and projected number of registered patients expected to designate this dispensary, including: [up to 15 points]

• Start-up timetable providing an estimated time from dispensary registration until opening for patient appointments, and explain the assumptions used for the basis of these estimates;

• Provide documentation regarding the proposed process to ensure the quality, purity, and dose consistency of marijuana for symptom relief;

• Disclose proposed strains, marijuana and marijuana-infused products, and any other form(s) of marijuana anticipated to be dispensed.

Measure 3: Provide a staffing plan and proposed business hours that will allow registered patients to access marijuana for symptom relief in a timely manner in accordance with Section 6.12 of these rules. [up to 5 points]

Measure 4: Provide examples of patient education materials to be distributed to registered patients and caregivers in accordance with Section 6.11.4 of these rules. [up to 5 points]

5.4.3 Criterion 3: Safe and secure communities [up to 40 points]

Measure 1: Provide plans, policies and procedures for recordkeeping, inventory, quality control, and security to deter and prevent unauthorized access and theft for the proposed dispensary location(s) as required under Section 6.10 and 6.11 of these rules, including: [up to 25 points]

• A recordkeeping plan addressing maintaining confidential patient information and records in conformity with Vermont law and the Federal Health Insurance Portability and Accountability Act (HIPAA);

• A security plan to deter and prevent unauthorized entrance into areas containing marijuana and theft of marijuana, including a retention policy for electronic and video monitoring for each location.

Measure 2: Provide personnel policies as required under Section 6.11 of these rules. [up to 15 points]

5.5 Application determinations: A panel shall be convened by the Department to evaluate and score each application. This panel shall include a registered patient, a registered caregiver, and VMR personnel. This panel shall solicit input from registered patients and caregivers. The panel shall review each completed application that addresses all criteria and measures, including supporting information submitted during the open application period. Supplemental information may be requested and considered by the panel. The decision to grant a dispensary registration certificate shall be based on the overall health needs of registered patients. The maximum point value is determined by the quality of the applicant's submission. The maximum points that may be awarded for each criterion are indicated in Section 5.4 of these rules. For an application to be considered responsive, an application must receive at least 70 points and address all of the criteria and measures.

5.5.1 Registration award: The Department shall notify the selected applicant(s) in writing. The Department may deny an application for a dispensary registration certificate if it is determined that the applicant's criminal history record indicates that the person's association with a dispensary would pose a demonstrable threat to public safety, or if the person has been convicted of a disqualifying offense. The Department shall notify applicant(s) not selected in writing. This action is final.

5.5.2 Determination timeframe: A panel shall convene within 30 calendar days once the application period has closed. This panel shall issue a decision to the Department within 10 business days. The Department shall review this panel's decision and concur or reject with the panel's decision. Applicants will be notified, in writing, within five business days after the final determination is made.

5.6 Limited operating registration certificate: No person shall commence operations as a registered dispensary without a Department-issued limited operating registration certificate and appropriate registry identification cards. A dispensary shall not possess marijuana until an operational security alarm system, video surveillance, and panic buttons have been installed and the Department has performed a site assessment. A dispensary shall not dispense marijuana to registered patients or caregivers before issuance of an active operating registration certificate. Limited operating registration certificates issued by the Department to a dispensary are non-transferable.

5.7 Dispensary opening: After a dispensary has been issued a limited operating registration certificate, the dispensary must obtain an active operating registration certificate and begin dispensing marijuana to registered patients within six months. A waiver allowing an additional three months may be granted by the Department upon receipt of a written justification for the delay. A dispensary that does not commence dispensing to registered patients within the required timeframe shall forfeit any and all fees that have been submitted. If a dispensary fails to commence dispensing to registered patients within the required timeframe, the Department may reopen the application process for a replacement dispensary. No person shall operate a registered dispensary without a Department-issued registration certificate.

5.8 Active operating registration certificate: Once a dispensary has installed all required security measures, submitted the required fee, obtained registry identification cards for each principal officer and board member, and is prepared to begin dispensing marijuana to registered patients and caregivers the Department shall perform a site assessment. If the dispensary passes the site assessment, an active operating registration certificate will be issued within 10 business days. During the course of the site assessment if any violations are discovered another site assessment shall occur to verify corrective actions have been implemented. A determination may be made to revoke the limited operating registration certificate and reopen the application process depending on the severity of the infraction. An active operating registration certificate issued by the Department shall expire no more than one year after issuance, and is non-transferable.

5.9 Renewal of an active operating registration certificate: The Department shall renew a dispensary's registration certificate for operation within 10 business days after submission of a completed Department-approved form with all required documentation and the required fee. When a registered dispensary is requesting to renew a registration certificate for operation, all information submitted by the dispensary shall be updated, if the updated information has not previously been submitted. Past enforcement action(s) and failure to provide all updated information are grounds for denial by the Department.

5.9.1 Each time a dispensary registration certificate is granted, the decision shall be based on the overall health needs of qualified patients. The following factors shall weigh heavily in the consideration of an application:

5.9.1.1 Geographic convenience to patients from throughout the State of Vermont to a dispensary if the applicant were approved;

5.9.1.2 The entity's ability to provide an adequate supply to the registered patients in the State;

5.9.1.3 The entity's ability to demonstrate its board members' experience running a nonprofit organization or business;

5.9.1.4 The comments, if any, of registered patients and registered caregivers regarding which applicant should be granted a registration certificate;

5.9.1.5 The sufficiency of the applicant's plans for record-keeping, which records shall be considered confidential health care information under Vermont law and are intended to be deemed protected health care information for purposes of the federal Health Insurance Portability and Accountability Act of 1996, as amended;

5.9.1.6 The sufficiency of the applicant's plans for safety and security, including the proposed location and security devices employed.

Section 6 Registered Dispensary

6.1 Authorized conduct: In addition to other applicable requirements contained in these rules, a registered dispensary:

6.1.1 Shall comply with the authorized possession limit at all times;

6.1.2 May acquire marijuana seeds or clones from or dispense them to registered patients or their caregivers or acquire them from another registered Vermont dispensary, provided records are kept in accordance with Section 6.11;

6.1.3 May receive reasonable monetary compensation for costs associated with providing cannabis to registered patients who have designated the dispensary;

6.1.4 Shall implement and operate a sliding-scale fee system that takes into account a registered patient's ability to pay;

6.1.5 May communicate with registered patients and caregivers through electronic means, U.S. mail or voice means, provided that written authorization for such communication has been received. This authorization may be withdrawn by the registered patient or caregiver at any time. Dispensaries shall develop the appropriate procedures and forms necessary for registered patients and caregivers to "opt in" and to "opt out" of such communications;

6.1.6 May transport cannabis, cannabis-infused products and cannabis supplies to registered patients and caregivers as permitted by these rules;

6.1.7 May acquire, possess, cultivate, manufacture, transfer, transport, supply, sell, and dispense hemp and hemp-infused products for symptom relief as permitted by these rules;

6.1.8 Shall store cannabis and cannabis-infused products in a manner utilizing a separate double locking mechanism;

6.1.9 Shall verify that the amount of marijuana and marijuana-infused products dispensed will not cause a registered patient or caregiver to exceed the possession limit;

6.1.10 Shall verify the identity of each registered patient or caregiver prior to dispensing cannabis at his or her initial appointment;

6.1.11 Shall verify that a registered patient's or caregiver's registry identification card is valid and has designated that dispensary prior to dispensing cannabis;

6.1.12 Shall provide all revisions to policies, procedures, and educational information referenced in Section 6.1, 6.2, and 6.11 of these rules to the VMR;

6.1.13 Shall notify the VMR within 10 business days when a registered dispensary cardholder is no longer affiliated with their registered dispensary;

6.1.14 Shall comply with Agency of Agriculture, Food and Markets pesticide regulations;

6.1.15 May donate marijuana, marijuana-infused products, and marijuana-related supplies to another registered dispensary in Vermont provided that no consideration is paid and that the recipient does not exceed the possession limits specified in these rules;

6.1.16 Shall operate on a nonprofit basis for the mutual benefit of its patients but shall not be required to be a tax-exempt organization by the Internal Revenue Service;

6.1.17 Shall not advertise through any means including electronic means or social media. Additionally, a registered dispensary shall not advertise any results of customer satisfaction surveys, their location of business, or any information that would identify them as a registered dispensary. Signage shall include only text and shall not contain pictures, logos, or symbols;

6.1.18 Shall ensure registered patients and caregivers do not have direct access to cannabis and cannabis-infused products, except upon the request to examine a specific product. Only one product may be examined at a time and then immediately returned to its proper location, unless the registered patient or caregiver has elected to purchase the product.

6.2 Delivery procedures: A registered dispensary electing to delivery cannabis to registered patients and caregivers shall submit their proposed delivery procedures for review to the Department. The Department shall respond to a registered dispensary within 10 business days from receiving proposed protocols for safe delivery of cannabis to registered patients and caregivers. The Department may request modifications or supplemental information related to the proposed delivery procedures. A registered dispensary shall not commence delivery operations under this section until the VMR has provided written authorization for the safe delivery of cannabis to registered patients and caregiver. In addition to requirements contained in Section 6.1 and 6.11.10, a registered dispensary electing to deliver to registered patients and caregivers shall:

6.2.1 Transport cannabis and cannabis-infused products in a secure locked container;

6.2.2 Only permit registered dispensary cardholders in the vehicle;

6.2.3 Deliver only to the registered patient's or caregiver's physical address transmitted to the registered dispensary from the VMR, provided that the registered patient has designated the dispensary;

6.2.4 Ensure that dispensary personnel other than the personnel performing delivery services have knowledge of the delivery schedule;

6.2.5 Depart with only the amount of marijuana scheduled for delivery;

6.2.6 Schedule deliveries to occur only during established operating hours;

6.2.7 Package and label all products in accordance with Section 6.6 of these rules prior to leaving the registered location;

6.2.8 Verify the identity of each registered patient or caregiver at the time of his or her initial delivery and prior to dispensing cannabis by a registered dispensary cardholder. Cannabis products shall be transferred physically to a cardholder;

6.2.9 Prior to dispensing cannabis to a registered patient or caregiver, who scheduled a delivery, verify his or her registry identification card is current, valid, identifies the dispensary, and corresponds with the notice described in Section 6.13 at the time of delivery by a registered dispensary cardholder. Cannabis shall be transferred physically to a cardholder;

6.2.10 Provide trip tickets in accordance with Section 6.8 of these rules;

6.2.11 Ensure delivery vehicles are discreet and do not display advertising, cannabis related insignia, or distinguishing features indicative of dispensary operations;

6.2.12 Ensure that all registered dispensary cardholders performing deliveries have a mode of communication for contacting emergency services personnel;

6.2.13 Develop and implement policies and procedures to ensure employee safety and to provide security sufficient to prevent loss of inventory, theft, and diversion for the dispensing, delivery, and storage of cannabis;

6.2.14 Require all registered dispensary cardholders physically possess their registry identification cards when performing delivery services.

6.3 Maximum amount of marijuana dispensed during a 30-day period: A registered dispensary shall not dispense more than two ounces of useable marijuana to a registered patient or his or her caregiver during a 30-day period. The amount of usable marijuana that is used to produce marijuana-infused products shall be calculated towards this two-ounce limit. Registered dispensaries shall comply with the requirements of Section 6.7 of these rules when producing marijuana-infused products. No more than seven clones may be dispensed to a registered patient or his or her caregiver during a 30-day period.

6.4 Access to a registered dispensary, excluding cultivation area: All cardholders shall have their registry identification cards on-site at all times while at a registered dispensary. A record shall be maintained of all individuals entering and exiting the dispensary. The record shall contain first and last legal name of all individuals, time, date, and registry identification number. In exceptional situations, the record shall also contain entity affiliation and purpose of entry and may omit a registry identification number. A registered dispensary shall limit access to cardholders, except for the following exceptional situations, listed below:

6.4.1 A contractor or vendor, or the owner of the property on which a dispensary is located, who is performing services related to the operation of a dispensary and who needs access to the registered dispensary may be allowed access for a limited time under the direct accompaniment of a registered dispensary cardholder.

6.4.2 A government employee who, in the performance of his or her job duties require access to the registered dispensary shall be allowed access for a limited time under the direct accompaniment of a registered dispensary cardholder.

6.4.3 Emergency services personnel, such as firefighters, police officers or other officials, who in the performance of his or her life safety duties require access to the registered dispensary in an emergency life safety or protection situation may enter a registered dispensary without escort in order to perform his or her job.

6.5 Access to a registered dispensary cultivation and processing location/area: Only registered dispensary cardholders acting in his or her official capacity may access a registered dispensary cultivation or processing location, except in one (or more) of the circumstances set out in Section 6.4 of these rules. All cultivation of marijuana shall take place in a secure indoor facility.

6.5.1 A record shall be maintained of all individuals entering and exiting the cultivation and/or processing location. The record shall contain first and last legal name, time, date, purpose for entry, entity affiliation, and registry identification number. In the, exceptional situations contained in Section 6.4 of these rules, the record may omit a registry identification number.

6.5.2 All registered dispensaries conducting dispensing appointments in the same facility as cultivation and/or processing shall secure the cultivation and/or processing area(s) from the dispensing area of the facility with a lock or other security device in addition to all other security measures required by these rules.

6.6 Packaging and labeling: A registered dispensary shall package all marijuana dispensed in an envelope or other container used and intended for sale. A label shall be affixed on the packaging of all marijuana that is dispensed. The label shall identify the particular strain of marijuana and the weight of marijuana contained within the package in gram or ounce units. Marijuana strains shall reflect the properties of the plant. Additionally, the label shall contain a statement to the effect that the State of Vermont does not attest to the medicinal value of cannabis, a statement that this product is not for resale, and clearly identify "marijuana" is contained within the packaging. The dispensary shall verify the amount of all marijuana dispensed. Documentation shall be maintained containing at a minimum the name and registry identification number of the registered dispensary cardholders verifying the amount of marijuana and any errors identified.

6.7 Marijuana-infused products: Usable marijuana added when producing marijuana-infused products shall be measured by weight in gram or ounce units. The weight of usable marijuana included when preparing infused products shall be calculated in each batch or container of marijuana-infused products. A dispensary shall establish a methodology for determining the weight of marijuana attributable to each marijuana-infused product intended to be dispensed including any recorded testing results. This methodology shall be submitted to the Department for review prior to dispensing the marijuana-infused product to a registered patient or caregiver. The Department may require adjustments to this methodology.

6.7.1 All products shall be labeled with ingredients added during preparation and any relevant food safety handling and/or storage instructions in addition to packaging and labeling requirements contained in Section 6.6 of these rules.

6.7.2 The weight of usable marijuana contained in marijuana-infused products shall count toward the amount of marijuana dispensed under Section 6.3 of these rules.

6.7.3 The weight of usable marijuana contained in marijuana-infused products shall count towards the possession limit of a registered dispensary or patient.

6.8 Trip tickets: The transfer, transport, sale, and dispensing of marijuana between registered dispensary locations or to a registered patient or caregiver by a registered dispensary shall be accompanied by a trip ticket as permitted under these rules. Marijuana transported from a registered dispensary location shall be in a locked container.

6.8.1 A trip ticket provided to a registered patient or his or her caregiver shall include the registered dispensary's name, recipient's registry identification number, product type, strain, weight in ounce or gram units, form, and time and date of transaction.

6.8.2 A trip ticket when marijuana is transported by a registered dispensary to another registered dispensary shall contain the originating and receiving registered dispensary name and physical address, the weight and form of marijuana, cardholder registry identification numbers, and relinquishing time and date.

6.9 On-Site Assessments: A registered dispensary is subject to on-site assessments by the Department at any time, without notice.

6.9.1 The Department may perform an on-site assessment without limitation for the purpose of determining compliance with 18 V.S.A. Chapter 86 and these rules.

6.9.2 Issuance of a dispensary registration certificate constitutes permission for entry and assessment of the dispensary.

6.9.3 Failure to cooperate with required assessments may be grounds to revoke a dispensary registration certificate as set forth in Section 11 of these rules.

6.9.4 During an assessment, the Department may identify violations of these rules. If a violation is identified, the dispensary shall receive written notice issued by the Department of the nature of the violations, in accordance with Section 11 of these rules. The dispensary shall notify the Department in writing with a postmark date within 20 business days of the date of the notice identifying the corrective actions taken and the date of the correction.

6.9.5 The Department may require laboratory testing of cannabis produced by a registered dispensary. The Department may specify the testing methodology. The registered dispensary shall bear the costs of any testing required by the Department.

6.9.6 The Department may assess delivery vehicles for compliance with these rules.

6.9.7 The Department may assess all records maintained by a registered dispensary as required by these rules. These records shall include the dispensary's confidential records, including its dispensing records, which shall track transactions according to registered patients' registry identification numbers to protect their confidentiality.

6.10 Dispensary security requirements: Registered dispensaries shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana. The Department may require modifications or supplemental information related to the dispensaries security measures. Security safeguards shall include at a minimum:

6.10.1 Exterior lighting sufficient to deter nuisance activity and facilitate surveillance, while not disturbing neighbors;

6.10.2 Preventing trees, bushes and other foliage outside of a registered dispensary location to grow to such an extent that would affect the functionality of security measures;

6.10.3 Installation and use of devices or a series of devices, including, but not limited to, a signal system interconnected with a radio frequency method such as cellular, private radio signals, or other mechanical or electronic device to detect an unauthorized intrusion;

6.10.4 An operational security alarm system at each registered location, with an immediate automatic electronic notification system, connected to an outside security provider that professionally monitors for unauthorized entry and robbery events. The operational alarm system shall at a minimum shall contain the following components: access control; alerting equipment; control panel; fire sensors; panic buttons; and perimeter sensors to deter and prevent against unauthorized entry and theft of marijuana. The alarm system shall allow "opening" and "closing" notifications to be transmitted to the outside security provider. This feature will alert the security provider every time the alarm system is turned "on" or "off;

6.10.4.1 The alarm system and all of its components shall be tested professionally at least once a year. The alarm system shall transmit an automatic daily scheduled test to the outside security provider to ensure that the alarm system and telephone lines are operational. Cellular reporting backup and line seizure functionality shall be integrated into the alarm system. Repairs performed on the alarm system shall be made in a reasonable amount of time to ensure that the alarm system is operating properly. The alarm system shall be tested after any major electrical storms or significant power outages. Testing shall be documented and include at a minimum, testing date, summary of activity performed, any items that required corrective action, and name of the person performing the testing. Any items requiring corrective actions must be performed in a reasonable amount of time and documented. Documentation of corrective actions shall include at least the following: the reason for repair, date of repair, name of the person performing the repair, and summary of repair activity. Automatic daily testing is not required to be documented but any corrective action required as a result of the daily testing shall be documented as described in this section. There shall be documentation describing the automatic daily testing process.

6.10.4.2 In the event the security system is non-operational due to loss of power, mechanical malfunction, or other circumstance, for more than a four-hour period, the registered dispensary shall notify the Department in writing within 24 hours from the time of the event. Alternate security measures, approved by the Department, may be required until the security system is restored and fully operational. Documentation shall be maintained any time the security system is non-operational, including cause, date, corrective action taken, contactor performing corrective actions (if applicable), any alternative security measures implemented, and cardholder name and identification number documenting the event. If a violation occurs during an event, the Department shall be notified in accordance with Section 6.17 of these rules.

6.10.5 Operational video surveillance at each registered location. Video surveillance shall monitor customer service areas, cultivation areas, entry and egress areas, and any other areas at the registered location containing marijuana, including processing and packing areas. Video footage shall be recorded and stored digitally for 30 days. The Department shall be provided remote access to the video surveillance at each registered dispensary location to assist with investigations related to any reported incidents, suspected illegal activity, or other violations of these rules, through a secure connection provided by the registered dispensaries. The Department's access to the video surveillance will be limited to the investigative reasons stated above for a limited period of time. The Department will not constantly monitor live video surveillance. The intended purpose is limited solely to investigate reported or suspected activity prohibited by these rules. The Department will maintain a log documenting the date and cause when accessing video surveillance. The registered dispensaries may record when the Department accesses the surveillance video and request a copy of the Department's documentation for the justification of access on a specific date. The Department's documentation will not be available during the course of an active investigation.

6.10.6 A procedure to consistently and systematically prevent loitering.

6.11 Dispensary recordkeeping requirements: Operating documents of a registered dispensary shall include procedures for the oversight of the registered dispensary, personnel records, and procedures to ensure accurate and confidential recordkeeping as required by these rules. Records maintained by a registered dispensary shall include but are not limited to:

6.11.1 Personnel policies and practices: The registered dispensary must have up-to-date written policies and practices on-site and available to the Department upon request. Each registered dispensary shall develop, implement, and maintain policies and procedures addressing confidentiality training, performance evaluations, proper use of security measures and controls, emergency training, and disciplinary actions. Emergency training shall include specific procedural instructions on how to respond to an emergency, including robbery or violent incident. Confidentiality training shall include specific instruction regarding how to protect the confidentiality of cardholders, and instruction regarding confidential health care information as defined by Vermont law and the Federal Health Insurance Portability and Accountability Act of 1996, as amended.

6.11.2 Job description and employment contract policies: A registered dispensary shall develop, implement, and maintain on-site an up-to-date policy regarding job descriptions and employment contracts for all employees. This policy shall include information regarding an employee's duties, authority, responsibilities, qualifications, and supervision.

6.11.3 Business and financial records: Registered dispensaries shall maintain manual. or electronic financial records documenting, at a minimum: assets, liabilities, monetary transactions, sales, various journals, ledgers, supporting documents, agreements, checks, invoices, and vouchers. These records are subject to assessment and shall be made available to the Department electronically upon request.

6.11.3.1 Sales records: Dispensary records shall include sales records containing the unique identification number of the registered patient or caregiver to whom marijuana has been distributed, the quantity of marijuana distributed, the date of distribution, and the form of marijuana distributed. The sales record must also indicate the purchase price of the product.

6.11.3.2 Financial Audit: A registered dispensary shall submit the results of a financial audit to the Department no later than 60 days after the end of the dispensary's first fiscal year, and every other year thereafter. The audit shall be conducted by an independent certified public accountant, and the costs shall be borne by the registered dispensary. The Department may also periodically require, within its discretion, the audit of a registered dispensary's records by the Department.

6.11.4 Patient education: A registered dispensary shall develop, implement, and maintain a policy that requires educational materials be provided to a registered patient or his or her caregiver during the initial appointment and available upon request. Each registered dispensary shall have an adequate supply of up-to-date educational material available for distribution. Educational materials shall be made available for inspection by the Department upon request. The educational material shall include the following information:

6.11.4.1 Strains of cannabis and its effects, including various forms and route of administration;

6.11.4.2 "Tracking sheets" for registered patients and caregivers to track the effects of cannabis used including strains, amount, and forms;

6.11.4.3 How to achieve proper dosage for different routes of administration. Emphasis shall be on using the smallest amount of marijuana possible to achieve symptom relief. Potency and potential side effects must also be explained.

6.11.5 Personnel Files: A registered dispensary shall develop, implement, and maintain a confidential personnel file on each principal officer, board member and employee. All personnel files shall be kept on-site at a registered dispensary location and shall be available for inspection by the Department upon request. Personnel records shall include the following information:

6.11.5.1 Copy of current registry identification card and valid driver's license or non-driver identification card;

6.11.5.2 Employment application and required documentation;

6.11.5.3 Job description or employment contract as required under Section 6.11.2 of these rules;

6.11.5.4 Documentation of training as required under Section 6.11.1 of these rules;

6.11.5.5 Past performance evaluations;

6.11.5.6 Documentation of disciplinary actions;

6.11.5.7 Documentation of results of drug tests.

6.11.6 Alcohol and drug-free workplace policy: A registered dispensary shall have and adhere to a written alcohol and drug-free workplace policy. The policy must be available to the Department upon request. The policy must include the following definitions; alcohol, controlled substance, illegal drug, legal drug, under the influence, and workplace. The policy must also: explain its applicability; describe procedures for disciplinary actions; specify exceptions for legal drugs and for illegal drugs as permitted by these rules; outline employer and employee responsibilities; and include referral information.

6.11.7 Record of cannabis: A registered dispensary shall establish written policies and procedures addressing inventory controls including the requirements contained in Section 6.3 and 6.7 of these rules. The registered dispensary shall submit these written policies and procedures, including any updates, to the VMR prior to implementation. Furthermore, records shall be maintained for the following information, at a minimum:

6.11.7.1 Marijuana clones and seeds acquired from registered patients, caregivers, or dispensaries. The record shall contain the date, quantity, strain, and participating cardholders' acknowledgement attesting to the transfer, including their registry identification numbers.

6.11.7.2 Hemp clones and seeds acquired. The record shall contain the date, quantity, strain, supplier name, entity affiliation, if any, and dispensary cardholder taking possession.

6.11.7.3 Immature and mature cannabis plants transferred between registered dispensaries. The record shall contain the plant's growth stage, date, quantity, strain, and participating cardholders' registry identification numbers and acknowledgement attesting to the transfer.

6.11.7.4 Culled cannabis plants. The record shall contain the plant's growth stage, date, strain, quantity, method of disposal, and acknowledgement attesting to the information by the cardholder culling and a second cardholder verifying the information, including the cardholders' registry identification numbers.

6.11.7.5 Cannabis plants harvested. The record shall contain the date, weight of the harvested portion of the plant, strain, any testing data, and acknowledgement attesting to the information by the cardholder harvesting and an acknowledgement by a second cardholder verifying the information, including the cardholders' registry identification numbers.

6.11.7.6 Cannabis plant material when the drying process has concluded. The record shall contain the duration of the drying process, the date, weight of remaining cannabis, strain, any testing data, and acknowledgement attesting to the information by the cardholder processing the cannabis and an acknowledgement by a second cardholder verifying this information, and duration, including the cardholders' registry identification numbers.

6.11.7.7 Cannabis plant material when the curing process is completed. The record shall contain the duration of the curing process, the date, weight of the flowers and leaves, strain, any testing data, signatures and registry identification numbers for the cardholder who processes the plant material and a second cardholder verifying the above information.

6.11.7.8 Packaged cannabis plant material. The record shall contain the date, weight of the flowers and leaves in grams or ounce units, the strain, any testing data, including signatures and registry identification numbers for the cardholder packaging and second cardholder verifying this information.

6.11.7.9 Cannabis plant material used in cannabis-infused products. In addition to requirements contained in Section 6.7 of these rules, the record shall contain the date, strain, any testing data, signatures, and registry identification numbers for the cardholder harvesting, and second cardholder verifying this information.

6.11.7.10 Cannabis or cannabis-infused products entered into inventory for distribution. The record shall contain weight of cannabis in gram or ounce units, quantity, strain, form, date, and signatures of the cardholder entering inventory and second cardholder verifying the information, including the cardholders' registry identification numbers.

6.11.7.11 Disposal of cannabis. The record shall contain the quantity, weight, strain, form, date, signatures and registry identification numbers for the cardholder disposing of cannabis and second cardholder or law enforcement officer verifying disposal of cannabis. When a law enforcement officer accepts possession of the cannabis for disposal, a registry identification number may be omitted.

6.11.8 Patient records: A registered dispensary must maintain a record for each registered patient that has designated that dispensary. A registered patient's record shall contain at a minimum the following information: his or her sales records or trip tickets; a valid copy of his or her registry identification card; and a valid copy of his or her Vermont driver's license, non-driver identification card. A registered dispensary that intends to accept alternative documentation proving a registered patient's identity, other than a Vermont driver's license or non-driver identification card, must submit a policy to the VMR for review prior to implementation. The VMR shall provide a determination or modifications in writing within 10 business days from receipt. The registered patient's record shall also contain a valid copy of his or her caregiver's registry identification card and Vermont driver's license or non-driver identification card, when applicable. Files must be updated upon receipt of Department notifications of dispensary designation (See Section 6.13). Patient records shall be treated as protected health care information for the purposes of these rules. Confidentiality provisions contained in Section 10 of these rules shall apply to all registered patient and caregiver records maintained by a registered dispensary.

6.11.9 Security records: A registered dispensary shall possess and implement plans, policies and procedures for security to deter and prevent unauthorized access and theft for the dispensary location(s). A registered dispensary shall retain documentation of all incident reports, alarm activations, and alarm system maintenance in accordance with Section 6.10 and 6.17 of these rules.

6.11.10 Delivery records: A registered dispensary shall retain documentation containing the following information for each delivery to a registered patient and caregiver:

6.11.10.1 Registered patient name and registry identification number. If a registered caregiver accepts a delivery on behalf of his or her registered patient the documentation shall additionally include the registered caregiver's name and registry identification number;

6.11.10.2 Name(s) and registry identification number(s) of the registered dispensary cardholder(s) performing delivery;

6.11.10.3 Date and time of delivery; and

6.11.10.4 Strain, form, and amount of cannabis delivered. Amount of cannabis shall be in ounce or gram units of weight.

6.12 Hours of Operation: A registered dispensary may establish its own hours of operation with consideration provided to a registered patient's best interest, privacy, and ability to timely access cannabis for symptom relief. A registered dispensary shall ensure that cannabis is dispensed only by appointment to registered patients or caregivers who have designated that registered dispensary. A registered dispensary may not schedule appointments for more than three registered patients and/or their registered caregivers at any given time. A registered dispensary that intends to schedule more than one appointment at the same time must submit to the VMR detailed procedures regarding the protection of confidentiality. A registered dispensary may not schedule more than one appointment for the same time unless VMR has approved such procedures. Procedures to ensure confidentiality must include the use of dividers, shields, partitions, or individual rooms, sufficient to shield or protect the identity of the registered patients and/or registered caregivers. A registered dispensary must also ensure that any and all dispensing of cannabis is done privately and confidentially, and that each registered patient and/or his or her registered caregiver shall have his or her own individual point of service.

6.13 Notice of dispensary designation: The Department shall track the number of registered patients who have designated each dispensary. The Department shall issue a monthly written statement to each registered dispensary identifying the number of registered patients who have designated that dispensary and his or her registered caregivers, including registry identification numbers and expiration dates for each registered patient and caregiver.

6.13.1 The Department shall provide written notice to a registered dispensary whenever a registered patient de-designates his or her designated dispensary.

6.13.2 The Department shall provide written notice to a registered dispensary whenever a registered patient designates the dispensary to serve his or her needs.

6.13.3 The Department shall provide written notice to a registered dispensary whenever a registered patient who has designated the dispensary loses his or her status as a registered patient.

6.13.4 Department notifications may be transmitted electronically to registered dispensaries.

6.14 Hemp for symptom relief: Registered dispensaries cultivating hemp are not required to comply with 6 V.S.A. Chapter 34. A registered dispensary electing to cultivate hemp shall submit a proposal for doing so to the Department. The Department shall issue a written decision within 10 business days from receipt and may request supplemental information. The Department may also require a site visit of the proposed location. A registered dispensary shall not commence operations under this section until receipt of written approval.

6.14.1 A registered dispensary submitting a proposal for hemp operations to the Department shall include at a minimum the following:

6.14.1.1 Registered dispensary name;

6.14.1.2 Proposed registered location for hemp cultivation;

6.14.1.3 Acreage at registered location (if proposing outdoor hemp cultivation);

6.14.1.4 Description of any additional security measures that will be implemented for hemp cultivation, in accordance with Section 6.14.2;

6.14.1.5 Proposed hemp strains and products expected to be dispensed;

6.14.1.6 Provide a hemp cultivation plan detailing a start-up timetable;

6.14.1.7 Updated plans, policies, and procedures for recordkeeping, inventory, and quality control; and

6.14.1.8 Signature certifying that all information submitted is true and accurate.

6.14.2 Security requirements: Registered dispensaries shall develop and implement appropriate security measures to deter and prevent unauthorized entrance to the cultivation area containing hemp. Security measures shall include, at a minimum:

6.14.2.1 Exterior lighting sufficient to deter nuisance activity and facilitate surveillance, while not disturbing neighbors;

6.14.2.2 Prevention of trees, bushes and other foliage outside a hemp cultivation location to grow to such an extent that would impact the functionality of security measures;

6.14.2.3 Device or a series of devices, including at least, a signal system interconnected with a radio frequency method such as cellular, private radio signals, or other mechanical or electronic device to detect an unauthorized intrusion; and

6.14.2.4 Fencing or other type of barrier to prevent unauthorized entrance and to reasonably prevent visibility to the public.

6.14.3 Trip tickets: The transfer, transport, sale, and dispensing of hemp between registered dispensary locations or to a registered patient or caregiver by a registered dispensary shall be accompanied by a trip ticket as permitted under these rules. Hemp transported from a registered dispensary shall be in a locked container.

6.14.3.1 A trip ticket provided to a registered patient or his or her caregiver shall include the registered dispensary's name, registered patient's registry identification number, product type, strain, weight in ounce or gram units, form, and time and date of transaction. Additionally, a trip ticket provided to a registered caregiver shall include his or her registry identification number.

6.14.3.2 A trip ticket when hemp is transported or transferred by a registered dispensary to another registered dispensary shall contain the weight and form of hemp, originating and receiving registered dispensary name and physical address, cardholders' registry identification numbers, and relinquishing time and date.

6.14.4 Packaging and labeling: A registered dispensary shall package all hemp dispensed in an envelope or other container used and intended for sale. A label shall be affixed on the packaging of all hemp that is dispensed. The label shall identify the particular strain of hemp and the amount of hemp contained within the package. Hemp strains shall reflect the properties of the plant. Additionally, the label shall contain a statement to the effect that the State of Vermont does not attest to the medicinal value of cannabis, and a statement that this product is not for resale.

6.14.5 Hemp-infused products: Hemp added when producing hemp-infused products shall be measured by weight. The weight of hemp included when preparing infused products shall be calculated in each batch or container of hemp-infused products.

6.14.5.1 All products shall be labeled with ingredients added during preparation and any relevant food safety handling and/or storage instructions in addition to packaging and labeling requirements contained in Section 6.14.5 of these rules.

6.14.6 Record of cannabis: As set out in Section 6.11.7 of these rules, (Record of cannabis, a registered dispensary shall maintain records related to hemp.

6.14.7 Possession limit waiver: A registered dispensary may petition the Department in writing for a waiver of their authorized possession limit for the purpose of developing and providing a product for symptom relief to a registered patient under 18 years of age who suffers from seizures. A written petition for a waiver shall include; the purpose, necessity, aggregate number of impacted registered patients, quantified possession limit increase requested, demonstration of ability to manage requested possession limit, proposed location for additional possession limit, plan detailing the development process, supply plan, and duration.

6.15 Dispensary prohibitions: In addition to prohibitions contained in Section 2.2 of these rules, a registered dispensary is prohibited from engaging in the following conduct:

6.15.1 Possessing at any one time more than their authorized possession limit in the absence of a possession limit waiver;

6.15.2 Acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing cannabis for any purpose except to registered patients who have designated that registered dispensary;

6.15.3 Acquiring marijuana except through the cultivation of marijuana by that registered dispensary at its registered location;

6.15.3.1 Exception: In addition to Section 6.1:2 of these rules, a registered dispensary may donate marijuana, marijuana-infused products, and marijuana related supplies to another registered dispensary in Vermont provided that no consideration is paid, and that the recipient does not exceed the possession limits. Records shall be kept in accordance with Section 6.11 of these rules.

6.15.4 Contracting for the acquisition, possession, cultivation, manufacture, transfer, transport, delivery, or dispensing of seeds, clones, or plants or marijuana or marijuana-infused products (unless explicitly authorized by these rules);

6.15.5 Dispensing an amount of useable marijuana to a registered patient or caregiver that would cause the recipient to exceed the possession limit.

6.16 Incident reporting: The Department shall be notified immediately when a violation of these rules or emergency situation occurs. A registered dispensary shall notify the Department in writing the next business day after a violation of these rules is known or suspected. A registered dispensary shall provide any and all information pertaining to the violation to the Department. A registered dispensary shall complete and submit a Department-approved incident report form to the Department within 10 business days of the initial notification. The report must indicate the nature of the breach and the corrective actions taken by the registered dispensary. A registered dispensary must contact their local law enforcement agency when a violation of these rules results in a criminal law violation.

6.16.1 For the purposes of these rules, an incident includes:

6.16.1.1 Confidential information accessed or disclosed in violation of these rules;

6.16.1.2 Loss of inventory or discrepancy between actual and expected inventory;

6.16.1.3 Intrusion of a registered dispensary location; and

6.16.1.4 Any other violations of these rules governing operations of a registered dispensary.

6.17 Reporting of illegal activity: Any suspected illegal activity involving operations of a registered dispensary must be reported to law enforcement and the Department by the registered dispensary, except for violations of federal law for the manufacturing, distribution or possession of marijuana.

6.18 Dispensary registry identification card: An applicant chosen by a registered dispensary may apply for a dispensary registry identification card by submitting:

6.18.1 A completed Department-approved application including at least the following information:

6.18.1.1 Type of registration;

6.18.1.2 Applicant's name, address, and date of birth;

6.18.1.3 Registered dispensary name, which the person is affiliated;

6.18.1.4 Applicant's descriptive information, such as height and weight;

6.18.1.5 Applicant's valid driver's license or non-driver identification number; and,

6.18.1.6 Statement of compliance with child support and taxes.

6.18.2 The required fee, which shall be paid by the registered dispensary and the cost shall not passed on to the cardholder;

6.18.3 A recent electronic photograph of the applicant for initial applications. This photograph may be obtained from any source;

6.18.4 Applicant's consent to the release of criminal history records and a complete set of fingerprints.

6.19 Renewal of registry identification card: A registered dispensary cardholder may renew his or her registry identification card by submitting the required documentation and required fee. Renewal applications may require an updated electronic photo.

6.20 Dispensary criminal history record: A registered dispensary applicant shall meet the criminal history record requirements described in Section 7.2 of these rules.

6.21 Residency: Principal officers and board members of a registered dispensary shall be residents of Vermont and possess a valid Vermont driver's license or non-driver identification card. A resident of Vermont means a person whose domicile is Vermont, and intendeds to maintain a principal dwelling place in Vermont indefinitely.

6.22 Conditional dispensary registry identification card: The VMR may act on an application for a dispensary registry identification card prior to receiving a fingerprint supported record check provided a complete set of fingerprints have been submitted to the Department. The VMR shall obtain the applicant's Vermont criminal history record, out-of-state criminal history record, and criminal history record from the Federal Bureau of Investigation prior to issuing a conditional registration identification card. A registered dispensary applicant shall meet the criminal history record requirements described in Section 7.2.2 of these rules. A conditional registry identification card shall only be valid for a 30-day period. The one-year registration term shall deduct the duration of issuance for a conditional registry identification card.

Section 7 Cardholder Criminal History Record

7.1 Caregiver criminal history record: Prior to acting on an application, the VMR shall obtain the applicant's Vermont, out-of-state, and Federal Bureau of Investigation criminal records. Each applicant shall consent to release of criminal records to the VMR when completing a Department-approved application. Criminal history records shall be obtained annually at the time of renewal. If an applicant has been convicted of a crime, the VMR shall consider the nature of the offense and whether the applicant has been rehabilitated. An applicant may not be denied solely on the basis of a conviction which is not listed in Section 7.1.1 of these rules.

7.1.1 Except as provided in Section 7.1.2, the VMR shall deny a application or request for renewal of a registration if the applicant has a conviction for a violation of any of the following offenses:

• Drug-related offenses;

• Aggravated stalking as defined in 13 V.S.A. § 1063(a)(3) or (4);

• First degree aggravated domestic assault as defined in 13 V.S.A. § 1043;

• Second degree aggravated domestic assault as defined in 13 V.S.A. § 1044;

• Sexual assault as defined in 13 V.S.A. § 3252 or its predecessor as it was defined in 13 V.S.A. § 3201 or 3202;

• Aggravated sexual assault as defined in 13 V.S.A. § 3253;

• Lewd or lascivious conduct as defined in 13 V.S.A. § 2601;

• Lewd or lascivious conduct with a child as defined in 13 V.S.A. § 2602;

• Murder as defined in 13 V.S.A. § 2301;

• Aggravated murder as defined in 13 V.S.A. § 2311;

• Manslaughter as defined in 13 V.S.A. § 2304;

• Aggravated assault as defined in 13 V.S.A. § 1024;

• Assault and robbery with a dangerous weapon as defined in 13 V.S.A. § 608(b);

• Arson causing death as defined in 13 V.S.A. § 501;

• Assault and robbery causing bodily injury as defined in 13 V.S.A. § 608(c);

• Maiming as defined in 13 V.S.A. § 2701;

• Kidnapping as defined in 13 V.S.A. § 2405 or its predecessor as it was defined in 13 V.S.A. § 2401;

• Unlawful restraint in the second degree as defined in 13 V.S.A. § 2406;

• Unlawful restraint in the first degree as defined in 13 V.S.A. § 2407;

• Second or subsequent violation of abuse prevention order as defined in 13 V.S.A. § 1030(b),;

• Operating vehicle under the influence of intoxicating liquor or other substance with either death or serious bodily injury resulting as defined in 23 V.S.A. § 1210(e) and (f);

• Careless or negligent operation resulting in serious bodily injury or death as defined in 23 V.S.A. § 1091(b);

• Leaving the scene of an accident with serious bodily injury or death as defined in 23 V.S.A. § 1128(b) or (c);

• Burglary into an occupied dwelling as defined in 13 V.S.A. § 1201(c);

• The attempt to commit any of the offenses listed above;

• Abuse, neglect, or sexual exploitation of a vulnerable adult in violation of 13 V.S.A. Chapter 28 ;

• Aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a;

• Human trafficking in violation of 13 V.S.A. § 2652; and

• Aggravated human trafficking in violation of 13 V.S.A. § 2653;

• Sexual exploitation of children in violation of 13 V.S.A. Chapter 64.

• An equivalent offense in another jurisdiction for any of the offense listed in this section.

7.1.2 A conviction for a misdemeanor offense listed in Section 7.1.1 of these rules shall not be a disqualifying offense for an applicant if at least five years has elapsed since the date of completion of any sentence imposed for the offense and the applicant has not been convicted of any other offense during that time period. A conviction for a felony offense listed in Section 7.1.1 of these rules shall not be a disqualifying offense for an applicant if at least ten years has elapsed since the date of completion of any sentence imposed for the offense and the applicant has not been convicted of any other offense during that time period.

7.1.3 An applicant who is ineligible for a caregiver registration card based on a conviction for a disqualifying offense under Section 7.1.1 of these rules may submit information to the VMR with his or her application detailing the applicant's rehabilitation and why an exception to the disqualification is appropriate. The VMR may grant an exception to the disqualification standards in this rule if the totality of the circumstances and facts concerning the application indicates that there is no threat to public safety or the safety of the registered patient for whom the caregiver is assisting and it is in the interest of justice to grant the application.

7.1.4 The VMR shall send the applicant a copy of any criminal history record obtained by the VMR. An applicant who is denied a caregiver registry identification card due to his or her criminal history record and shall be notified by the VMR of the right to appeal the accuracy and completeness of the records in accordance with Section 13 of these rules.

7.2 Dispensary criminal history record: Prior to acting on an application, the VMR shall obtain the applicant's Vermont, out-of-state, and Federal Bureau of Investigation criminal records. Each applicant shall consent to release of criminal records and submit a complete set of fingerprints to the Department on Department-approved forms. Criminal history records shall be obtained annually at the time of renewal.

7.2.1 Criteria: The VMR shall deny an application or request for registry identification card for a principal officer, board member, and employee of a registered dispensary who has a conviction or pending charge for a violation of any of the following offenses:

• Drug-related offenses;

• Aggravated stalking as defined in 13 V.S.A. § 1063(a)(3) or (4);

• First degree aggravated domestic assault as defined in 13 V.S.A. § 1043;

• Second degree aggravated domestic assault as defined in 13 V.S.A. § 1044;

• Sexual assault as defined in 13 V.S.A. § 3252 or its predecessor as it was defined in 13 V.S.A. § 3201 or 3202;

• Aggravated sexual assault as defined in 13 V.S.A. § 3253;

• Lewd or lascivious conduct as defined in 13 V.S.A. § 2601;

• Lewd or lascivious conduct with a child as defined in 13 V.S.A. § 2602;

• Murder as defined in 13 V.S.A. § 2301;

• Aggravated murder as defined in 13 V.S.A. § 2311;

• Manslaughter as defined in 13 V.S.A. § 2304;

• Aggravated assault as defined in 13 V.S.A. § 1024;

• Assault and robbery with a dangerous weapon as defined in 13 V.S.A. § 608(b);

• Arson causing death as defined in 13 V.S.A. § 501;

• Assault and robbery causing bodily injury as defined in 13 V.S.A. § 608(c);

• Maiming as defined in 13 V.S.A. § 2701;

• Kidnapping as defined in 13 V.S.A. § 2405 or its predecessor as it was defined in 13 V.S.A. § 2401;

• Unlawful restraint in the second degree as defined in 13 V.S.A. § 2406;

• Unlawful restraint in the first degree as defined in 13 V.S.A. § 2407;

• Second or subsequent violation of abuse prevention order as defined in 13 V.S.A. § 1030Operating vehicle under the influence of intoxicating liquor or other substance with either death or serious bodily injury resulting as defined in 23 V.S.A. § 1210(e) and (f);

• Careless or negligent operation resulting in serious bodily injury or death as defined in 23 V.S.A. § 1091(b);

• Leaving the scene of an accident with serious bodily injury or death as defined in 23 V.S.A. § 1128(b) or (c);

• Burglary into an occupied dwelling as defined in 13 V.S.A. § 1201(c);

• The attempt to commit any of the offenses listed above;

• Aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a;

• Human trafficking in violation of 13 V.S.A. § 2652;

• Aggravated human trafficking in violation of 13 V.S.A. § 2653;

• Sexual exploitation of children in violation of 13 V.S.A. Chapter 64.

• An equivalent offense in another jurisdiction for any of the offense listed in this section.

7.2.2 Criminal history records: The Department shall send the applicant and the dispensary a copy of any criminal history record obtained by the Department or inform the applicant that no record exists, and shall notify the applicant of the right to appeal the accuracy and completeness of the records in accordance with Section 13 of these rules. For purposes of this section, "pending charge" means that a judicial officer has found probable cause and that the case has not been dismissed or adjudicated to completion.

7.2.3 The VMR may deny an application if the applicants criminal history record indicates that the person's association with a dispensary would pose a threat to public safety. If an applicant has been convicted of an offense not listed in Section 7.2.1, the VMR shall consider the nature of the offense and whether the applicant has been rehabilitated.

Section 8 Fees

8.1 Fees: All fees submitted are nonrefundable and shall be made payable to the Vermont Department of Public Safety. All fees shall be deposited into a fund used for administrating the Vermont Marijuana Registry, as specified by 18 V.S.A. Chapter 86.

8.2 Registration fees: Applicants applying for a registry identification card shall submit the following fees:

8.2.1 Application fee: $ 50.00

8.2.2 Renewal fee: $ 50.00 submitted annually

8.3 Dispensary application fees: Applicants applying for a dispensary registration certificate shall submit the following fee:

8.3.1 Application fee: $ 2,500.00

8.4 Dispensary registration fees: Applicants approved for an active operating registration certificate shall submit the following fee:

8.4.1 Initial registration fee: $ 20,000.00

8.4.2 Renewal registration fee: $ 25,000.00 submitted annually

8.5 Criminal history record fees: A registered dispensary shall bear the burden of all costs related to obtaining a fingerprint supported criminal history record for affiliated individuals applying for a registry identification card.

8.6 Processing fees: A $ 25.00 fee shall be charged by the Department to cardholders for reissuing a lost or stolen registry identification card and for changes of information contained on a registry identification card.

8.7 Laboratory testing fees: Registered dispensaries are responsible for the cost of laboratory testing that may be required by these rules.

Section 9 Registry Identification Card

9.1 Registry identification card requirements: Cardholders must possess a valid registry identification card issued by the Department. Registry identification cards are nontransferable.

9.1.1 A Department issued registry identification card shall include:

9.1.1.1 Cardholder's legal name;

9.1.1.2 Date of birth;

9.1.1.3 Random identification number unique to the cardholder;

9.1.1.4 Registration classification;

9.1.1.5 Photograph;

9.1.1.6 Issuance date;

9.1.1.7 Expiration date;

9.1.1.8 State of issuance;

9.1.1.9 Name of designated or affiliated dispensary; and,

9.1.1.10 Physical identifying information.

9.1.2 Valid registry identification cards are required on-site for registered dispensary cardholders while functioning in an official capacity at a registered dispensary.

9.1.3 Registered patients and caregivers are required to present his or her designated dispensary with a valid registry identification card at the time of an appointment and at the time of delivery.

9.2 Department determination: The Department shall verify the information contained in the Department-approved applications for a registry identification card and shall approve or deny all Department-approved applications within 30 days from receipt of a completed initial or renewal application submitted with the required documentation and fee.

9.3 Expiration date: Registry identification cards shall expire no more than one year after the date of issuance. A registry identification card shall expire at 11:59 p.m. on the expiration date displayed on the card. Upon expiration of a registered patient's identification card, the identification card of the corresponding registered caregiver shall also be considered null and void, until which time the patient again obtains a valid card. Similarly, upon expiration of a dispensary registration certificate, if the dispensary has not submitted a timely application for renewal, or if such a request has been denied and can no longer be appealed, all registry identification card(s) of persons affiliated with that registered dispensary shall also be considered null and void.

9.4 Annual renewal: A cardholder may renew his or her registry identification card with the VMR by submitting a completed Department-approved application at least 30 days before the expiration date. The application of a cardholder who has previously been issued a registry identification card shall be considered a renewal, provided that less than three years have elapsed since the expiration date of that previous card.

9.5 Reissued card: The Department shall issue a cardholder a new registry identification card with a new random identification number when a replacement or updated registry identification card is required. Written documentation and the processing fee shall be submitted.

9.6 De-designated caregiver: In the event that a registered patient de-designates a caregiver, the Department shall notify the de-designated caregiver within 10 business days of the Department's receipt of the registered patient's written notification of de-designation.

9.6.1 The de-designated caregiver shall surrender the registry identification card by returning it to the Department. The card must be received by the Department within 10 business days of the date of notice.

9.7 Dispensary registry identification cards: A registered dispensary cardholder shall surrender his or her registry identification card to the Department when separating from a registered dispensary. Upon separation, the registry identification card of a registered dispensary cardholder will immediately expire and shall be deemed null and void. A registered dispensary shall notify the Department when the status of a registered dispensary cardholder changes, as required by Section 6.1.13 of these rules.

9.8 Federal law notice: The Department shall provide a notice informing registered dispensary cardholders that under federal law it is unlawful for any person to knowingly or intentionally manufacture, dispense, possess, and distribute marijuana, and any person who engages in such activity may be subject to federal prosecution.

9.9 Educational and safety information: The Department shall provide educational and safety information developed by the Vermont Department of Health to each registered patient and caregiver upon issuance of a registry identification card.

Section 10 Confidentiality

10.1 Patient applications: Applications and supporting information received by the Department in accordance with these rules, including information regarding registered caregivers and health care professionals are confidential.

10.2 Caregiver applications: Applications and supporting information received by the Department in accordance with these rules are confidential.

10.3 Health Care Professionals: All information received by the Department in accordance with these rules are confidential, including identifying information pertaining to a health care professional.

10.4 Appeals: All records relating to an appeal are confidential.

10.5 Dispensaries applications and other information: Applications, supporting information and other information regarding a registered dispensary are confidential. Applications, supporting information, and other information regarding dispensary applicants are confidential. Information that is contained within a registered dispensary that identifies a registered patient, the registered patient's health care professional and/or the registered patient's caregiver is also confidential. Information pertaining to a registered dispensary and cardholders of a registered dispensary is confidential and shall only be released in accordance with Section 10.6. Nothing contained in these rules shall prevent a registered dispensary from providing information pertaining to a registered dispensary or cardholders to the VMR.

10.6 Department records: Records maintained and information received by the Department are confidential and may not be disclosed except:

10.6.1 To Department employees who are responsible for carrying out these rules;

10.6.2 Pursuant to a court order;

10.6.3 With the written permission of the applicant, cardholder, health care professional, or registered dispensary to disclose their respective record;

10.6.4 For prosecution for false swearing under 13 V.S.A. § 2904 and in response to person-specific or property-specific inquiry by a law enforcement officer or agency made in the course of a bona fide investigation or prosecution. The records of all persons registered under these rules shall be maintained in a secure database accessible by authorized Department employees only. The Department shall maintain a separate secure electronic database accessible to law enforcement personnel 24 hours a day that uses a unique identifier system to allow law enforcement to verify a person or entity is a cardholder or registered dispensary. The VMR shall periodically audit access to the secure electronic database for compliance;

10.6.5 To a registered patient's treating or consulting health care professional and to a registered patient's caregiver for the purpose of carrying out these rules.

10.7 Not prohibited: The Department may disclose data for statistical or research purposes in such a manner that individuals cannot be identified.

Section 11 Enforcement

11.1 Denial of application: The effective date of denial of an application for a registry identification card or dispensary registration certificate is the date shown on the Department's written notice of denial. Notice shall be sent to the applicant's last known address. The Department may deny an application for a registry identification card or dispensary registration certificate for reasons including but not limited to the following:

11.1.1 The applicant's failure to comply with the application requirements set out in these rules, including the applicant's failure to provide the required information;

11.1.2 The Department's determination that the information provided was materially inaccurate or incomplete;

11.1.3 The Department determination that an applicant's criminal history record indicates that the person would pose a demonstrable threat to public.

11.2 Reapplication: When an application is denied, a person may reapply for a registry identification card. To do so, the person must demonstrate compliance with these rules, including those provisions that were the basis for the denial. To reapply, a person shall submit a completed Department-approved application, all required documentation, and required fee. A cardholder of a registered dispensary whose card has been permanently revoked by the Department is disqualified and may not reapply for a registry identification card.

11.3 Revocation of registry identification card: The Department may temporarily or permanently revoke a registry identification card held by a registered dispensary cardholder or registered caregiver, as described in Section 11.4 of these rules. The severity and origin of the violation will be assessed when determining disciplinary and corrective actions. Past violations will also be considered. Upon completion of review, the Department shall send written notice in accordance with Section 11.11 of these rules.

11.3.1 A cardholder found to have violated Section 11.4 of these rules may have his or her registry identification card immediately revoked.

11.3.2 A registry identification card revoked by the Department on the grounds contained in Section 11.4.2 of these rules may reapply when eligible, in accordance with Section 7.2.2 of these rules.

11.4 Grounds for revocation of registry identification card: A registered dispensary cardholder or a registered caregiver may have a registry identification card revoked by the Department. Grounds for revocation of a registry identification card include the following:

11.4.1 A registered dispensary cardholder is convicted of selling, furnishing, or giving marijuana to a person who is not allowed to possess marijuana for symptom relief in accordance with these rules;

11.4.2 A registered caregiver or a registered dispensary cardholder is convicted of a disqualifying offense under Section 7 of these rules;

11.4.3 A registered caregiver or a registered dispensary cardholder knowingly violates the confidentiality of information protected by these rules;

11.4.4 A registered dispensary cardholder found to have dispensed, delivered, or otherwise transferred marijuana to a person other than a registered patient who has designated the dispensary; or a registered dispensary cardholder is convicted of dispensing, delivering, or otherwise transferring marijuana to a person other than a registered patient's caregiver;

11.4.5 A registered dispensary cardholder found to have knowingly violated Section 6.3 of these rules.

11.5 Suspended dispensary registration certificate: The Department may suspend a dispensary's registration certificate for violating of these rules or posing a threat to the health or physical safety of a person or the public. If a principal officer, board member, or employee of a dispensary has been convicted or has a pending charge for an offense listed in Section 7.2.1 of these rules or a criminal offense directly involving the operation of the dispensary, the Department may suspend the dispensary's registration certificate if the Department has substantial grounds to believe that the charge indicates that the operation of the dispensary may pose a threat to the health or safety of a person or the public. Any suspension beyond 30 days requires a hearing as provided by 3 V.S.A. Chapter 25 and Section 11.6 of these rules. For purposes of this section, "pending charge" means that a judicial officer has found probable cause and that the case has not been dismissed or adjudicated to completion.

11.6 Revocation of dispensary registration certificate: The Department may revoke a dispensary registration certificate in accordance with 3 V.S.A. Chapter 25, Administrative Procedure, for violating these rules. No actions shall be taken without a hearing as outlined in 3 V.S.A. Chapter 25. A registered dispensary who has exhausted all administrative remedies within the Department and who is aggrieved by the final decision may appeal the decision to the supreme court in accordance with 3 V.S.A. § 815.

11.7 Grounds for suspension or revocation of dispensary registration certificate: Grounds for revocation of a dispensary's registration certificate include the following:

11.7.1 Failure to cooperate with required inspections;

11.7.2 Violations of any of these rules governing the operation of a registered dispensary;

11.7.3 Committing, permitting, aiding or abetting any illegal practices in the operation of the registered dispensary;

11.7.4 Conduct or practices that are detrimental to the safety and welfare of registered patients or caregivers;

11.7.5 Providing information that is materially inaccurate or incomplete;

11.7.6 Acquiring, possessing, cultivating, manufacturing, transferring, transporting, supplying, selling, or dispensing marijuana for any purpose except as permitted by these rules;

11.7.7 Acquiring usable marijuana or marijuana plants from a source not permitted by these rules;

11.7.8 Dispensing more than two ounces of usable marijuana to a registered patient or caregiver during a 30-day period;

11.7.9 Dispensing an amount of usable marijuana to a registered patient or caregiver that the registered dispensary cardholder knows would cause the recipient to possess more marijuana than permitted under these rules;

11.7.10 Dispensing marijuana to a person other than a registered patient or caregiver who has designated the dispensary.

11.8 Voiding a registry identification card: A voided registry identification card is inactive and no longer valid.

11.9 Grounds to void registration identification card: The registry identification card is voided by the Department when any of the following occur:

11.9.1 A new card or a new random identification number is issued to a cardholder and the superseded card is not surrendered to the Department;

11.9.2 A registered caregiver is de-designated by his or her registered patient;

11.9.3 A person is no longer employed by or affiliated with a registered dispensary;

11.9.4 The Department is informed that a registered patient is no longer a resident of Vermont, and the registered patient fails to provide sufficient proof of Vermont residency;

11.9.5 A registered patient's verifying health care professional notifies the Department in writing to void a registered patient's registry identification card.

11.10 Notice of Department action - application: When an application is denied the Department shall issue a written notice, including the following information:

11.10.1 Basis of denial;

11.10.2 Right to appeal the Department's action in accordance with Section 12 of these rules; and

11.10.3 Date of the Department's determination.

11.11 Notice of Department action - registry identification card: When a registry identification card is voided or revoked, the Department shall issue a written notice. The Department's written notice will be sent to the cardholder's last known address and to the registered dispensary, if applicable. The notice of the Department's action shall include the following information:

11.11.1 Nature of the violation and the rules violated;

11.11.2 Any stipulated disciplinary and/or corrective actions;

11.11.3 Date the Department's action takes effect; and

11.11.4 Right to appeal the Department's action in accordance with Section 12 of these rules.

11.12 Notice of Department action

• dispensary registration certificate: When a dispensary's registration certificate is suspended or revoked, the Department shall issue a written notice, including the following information:

11.12.1 Type of notice. The Department may issue a notice of non-compliance or violation depending upon the severity, magnitude, and cause of the violation.

11.12.1.1 A notice of non-compliance may be issued for minor violations of these rules and may result in suspension of a dispensary registration certificate.

11.12.1.2 A notice of violation may be issued for any violation of these rules, with consideration of past violations, public safety, and intent. A notice of violation may result in revocation or suspension of a dispensary registration certificate.

11.12.2 The nature of the violation and the rules violated;

11.12.3 Grounds for suspension or revocation;

11.12.4 Any stipulated disciplinary and/or corrective actions. When a registration certificate is suspended, the length of suspension shall be included;

11.12.5 Date the Department's action takes effect; and

11.12.6 The right to appeal the Department's action in accordance with Section 12 of these rules.

11.13 Criminal prosecution for false information: A person, who knowingly gives false information to any law enforcement officer to avoid arrest or prosecution, or to assist another in avoiding arrest or prosecution, shall be imprisoned for not more than one year or fined not more than $ 1,000 or both. This penalty shall be in addition to any other penalties that may apply for possession or use of marijuana.

11.14 Criminal prosecution for false swearing: A person of whom an oath is required by law, who willfully swears falsely in regard to any matter or thing respecting which such oath is required, shall be guilty of perjury and shall be imprisoned not more than 15 years and fined not more than $ 10,000.00, or both.

Section 12 Marijuana for Symptom Relief Oversight Committee

12.1 There is established a Marijuana for Symptom Relief Oversight Committee. The committee shall meet at least twice a year for the purpose of evaluating and making recommendations to the general assembly regarding:

12.1.1 The ability of registered patients and caregivers in all areas of the state to obtain timely access to marijuana for symptom relief.

12.1.2 The effectiveness of the registered dispensaries individually and together in serving the needs of registered patients and caregivers, including the provision of educational and support services.

12.1.3 Sufficiency of the regulatory and security safeguards contained in 18 V.S.A. Chapter 86, subchapter 2 and rules adopted by the Department to ensure that access to and use of cultivated marijuana is provided only to cardholders authorized for such purposes.

12.2 The VMR is responsible for organizing the meetings and for providing administrative support for the Oversight Committee.

12.3 The Oversight Committee shall elect a chair to conduct their meetings. The chair shall call the meeting to order; conduct opening procedures; provide a motion to approve any minutes, review any reports, unfinished business, new business, and adjournment.

12.4 The Oversight Committee shall provide an annual report, on or before January 1 of each year, to the Department, the House Committee on Human Services, the Senate Committee on Health and Welfare, the House and Senate Committees on Judiciary, and the House and Senate Committees on Government Operations on its findings.

12.5 The Oversight Committee shall not compromise the confidentiality of cardholders or registered dispensaries.

Section 13 Appeals

13.1 Patient applicant appeal process: An individual whose application to register as a patient has been denied may appeal this decision. An individual appealing a decision shall submit his or her Notice of Appeal to the VMR within seven days of the date on the Notice of Denial. If the Notice of Appeal is submitted by mail, it shall be considered submitted on the date that it is postmarked. The review shall be limited to the information submitted by the patient with his or her application, the information contained in the Notice of Appeal, and consultation with the patient's treating or consulting heath care professional. An appeal shall be decided by majority vote of the members of the Marijuana Review Board. The Marijuana Review Board shall prepare its findings and notify the VMR and appellant of said findings.

13.1.1 Marijuana Review Board: Three physicians licensed in Vermont and appointed by the Vermont Medical Practice Board constitute the Marijuana Review Board. The Board shall review appeals submitted by patient applicants. Members of the board serve three-year terms. Board members are entitled to per diem compensation authorized under 32 V.S.A. § 1010. The Board shall meet periodically to review studies, data, and any other information relevant to the use of marijuana for symptom relief. The Board may make recommendations to the general assembly for adjustments and changes to 18 V.S.A. Chapter 86. The VMR will provide administrative and financial support, as needed, for the Board.

13.2 Criminal record appeal: An individual whose application was denied based on his or her criminal record may appeal the accuracy and completeness of the record. All appeals shall be made and decided in accordance with the applicable Vermont Criminal Information Center rules. An appeal shall be submitted within seven days from the date of the Department's notice. If the appeal is submitted by mail, it shall be considered submitted on the date that it is postmarked. The Director's findings will be sent to the appellant and VMR.

13.3 Suspension or revocation appeal: A registered dispensary or cardholder whose status on the registry has been suspended or revoked, under Section 11 of these rules, may appeal the decision. The appeal shall be made in writing and addressed to the Director of the Vermont Crime Information Center. The written appeal shall include the following; appellant's name, contact information, date of birth, violations in dispute, reason for dispute, and any and all other information the appellant considers relevant. An appeal shall be submitted with seven days from the date of the Department's notice of suspension or revocation. If the appeal is submitted by mail, it shall be considered submitted on the date that it is postmarked. The Director's determination will be sent to the appellant and VMR.

History

• STATUTORY AUTHORITY: 18 V.S.A. Chapter 86
• EFFECTIVE DATE: June 8, 2012 Secretary of State Rule Log #12-015 [as Therapeutic Use of Cannabis]
• AMENDED: November 30, 2015 Secretary of State Rule Log #15-050

Subagency 070 DIVISION OF FIRE SAFETY

Chapter 004 ADMINISTRATIVE CITATIONS AND PENALTIES

28-004 Code Vt. R. 28-070-004-X ADMINISTRATIVE CITATIONS AND PENALTIES

Section 1 Scope

The Commissioner or the representative of the Commissioner may, after notice and an opportunity for a hearing, assess an administrative penalty against any person who violates the laws, rules and standards referenced in this rule.

These rules establish the procedure for issuing administrative citations, assessing penalties and appealing citations. All programs enforced by the Division of Fire Safety including boiler/pressure vessel, fire safety, structural, prevention of carbon monoxide poisoning, fire-safe (reduced ignition propensity) cigarettes, elevator safety, access for persons with disabilities, electrical and plumbing, are covered by these rules ensuring that all programs will have a consistent process for administrative citations. The purpose of these rules is to encourage code compliance that will result in improved safety and access for the public in a timely manner.

Section 2 Authority

These rules are adopted pursuant to:

(a) 20 V.S.A. § 2885; chapter 173, subchapter 5, Boiler & Pressure Vessels

(b) 20 V.S.A. § 2734; chapter 173, subchapter 2, Fire Safety

(c) 20 V.S.A. § 2906; chapter 174 Accessibility Standards for Public Buildings and Parking

(d) 26 V.S.A. § 897; chapter 15 Electricians

(e) 26 V.S.A. § 2175; chapter 39 Plumbers

(f) 20 V.S.A. § 2757; chapter 173, subchapter 2A,

Fire-Safe (Reduced Ignition Propensity) Cigarettes

(g) 21 V.S.A. §§ 150 and 156; chapter 3, subchapter 2A, Elevators

Section 3 Issuance of Administrative Citation

(a) The Commissioner or the representative of the Commissioner may issue an administrative citation, and have the administrative citation served on the person by certified mail or personal service. Each citation shall be in writing and shall specifically describe the nature of the violation, its location and include a reference to the particular section of the law, rule or standard alleged to have been violated. The citation shall also state the amount of the fine and the process for appeal.

(b) The person alleged to have committed the violations shall have twenty days from the date of service to notify the Director of the Division of Fire Safety or the individual identified in the citation, in writing, of any intent to appeal the citation and fine. If no notice or appeal is filed the citation and penalty shall be deemed a final order of the Commissioner.

(c) Administrative citations and penalties issued under these rules shall not limit the authority of the Commissioner or a representative of the Commissioner under other sections of law to issue orders, revoke permits, stop work on construction, seek injunctive relief and penalties through the court system, order buildings closed, demolished or to be fenced off, or to order the electrical power to be disconnected, or to take any other appropriate enforcement action. Administrative citations and penalties issued under these rules shall not limit the authority of the Commissioner of Liquor Control under 7 V.S.A. § 1009 or the Office of the Attorney General under 20 V.S.A. § 2757(h).

Section 4 Appeal of Proposed Penalty

The procedures set forth in 3 VSA §§ 809 and 813 shall cover all hearings under these rules.

(a) A person who appeals a citation issued pursuant to Section 3 of this rule shall be entitled to a hearing before the Commissioner or designee within 60 days of filing the notice of appeal. The 60 day time frame may be extended if the appellant requests, in writing, additional time to prepare for the hearing.

(b) A hearing notice to the appellant shall include the following information:

(1) A statement of the time, place, and nature of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the sections of the statutes and rules involved;

(4) A short and plain statement of the matters at issue.

(c) The Commissioner may appoint a hearing officer to hear evidence on any complaint and prepare findings and recommend a decision.

(d) The applicant may appear at the hearing with Counsel, present evidence and cross-examine witnesses.

(e) At the hearing the rules of evidence shall be according to 3 V.S.A. § 810.

(f) Opportunity shall be given all parties to respond and present evidence and argument on all issues involved.

(g) The hearing officer may compel, by subpoena, the attendance and testimony of witnesses and the production of books and record in accordance with 3 V.S.A. § 809.

(h) At the close of the evidence the Commissioner or the representative of the Commissioner shall issue a written decision with findings of fact and conclusions of law determining whether a violation or violations have occurred and the amount of any penalty to be assessed.

(i) Nothing in this section shall prohibit the informal disposition of a citation by stipulation, agreed settlement, consent order or default. Informal disposition may proceed with clear and simple documentation without complete adherence to this section.

Section 5 Administrative Penalty/Fine When a penalty is assessed the fine shall be as follows:

(a) Permits:

(1) Failure to obtain an identification tag for a boiler or pressure vessel, the fine shall be $ 100 for each occurrence.

(2) Failure to obtain a construction permit before starting work, the fine shall be an additional amount equal to 1/2 of the construction permit fee due the Department, but not less than $ 500 for each occurrence.

(3) Failure to file an electrical or plumbing work notice with the appropriate fee, before starting work, the fine shall be $ 100 for an initial violation, and up to $ 500 for subsequent violations.

(b) Repair and Construction:

(1) Failure to notify a commissioned inspector for the repair, alteration or relocation of a boiler or pressure vessel, the fine shall be $ 100 for each occurrence.

(2) Failure to request a rough electrical inspection or a rough plumbing inspection for priority work, the fine shall be no more than $ 250 for each occurrence.

(3) Failure to comply with a stop work order, the fine shall be $ 500 for each occurrence.

(c) Operation and Use:

(1) Operating or allowing a boiler or pressure vessel to be operated without a valid certificate of inspection, the fine shall be $ 250 for each occurrence.

(2) Failure to obtain a final inspection or a Use and Occupancy Permit before occupancy or using a building, the fine shall be not more than $ 1000 for each occurrence.

(3) Failure to obtain a final inspection or an energizing permit before the electrical installation is energized, the fine shall be $ 250 for each occurrence.

(4) Failure to obtain a final inspection for priority plumbing work shall be $ 250 for each occurrence.

(d) Code Violations:

In assessing the penalty for code violations the Commissioner or a duly authorized representative shall consider the seriousness of the hazard, the number of people exposed to the hazard, whether or not the violation was corrected after notification of its existence, and whether the person has been fined for the same or similar violations in the past. In assessing the penalty where the violation concerns access to the building, whether access to the building is prevented as well as any alternative provisions shall be considered. Where a person has been fined for the same or similar violation in the past the fine may be twice the amount listed in this section, but may not exceed $ 1000 for each occurrence.

(1) The fine shall not exceed $ 500 for each code violation which poses a serious threat to life safety, or prevents access or use of a building or premise.

(2) The fine shall not exceed $ 1000 for each code violation which poses a serious threat to life safety, or prevents access or use of a building or premise, where the person has not corrected the violation after receiving written notification.

(3) The fine shall not exceed $ 250 for each technical code violation which does not pose a serious threat to life safety, or does not prevent access or use of a building or premise.

(4) The fine shall not exceed $ 500 for each technical code violation which does not pose a serious threat to life safety, or does not prevent access or use of a building or premises, where the person has not corrected the violation after receiving written notification.

(e) Licensing and Certification:

(1) A person who performs electrical, elevator or plumbing work without being properly licensed shall be fined not more than $ 500 for each occurrence.

(2) A person or entity who employs a person or persons to perform work for which a license is required or where a helper or apprentice is not properly supervised in violation of any of the programs set forth in section 1 shall be fined not more than $ 500 for each occurrence.

(3) A person who performs activities related to fire or life safety that requires a certificate of fitness under the Vermont Fire & Building Safety Code without a certificate of fitness shall be fined not more than $ 500 for each occurrence.

(4) Where a person has been fined for the same or similar violation in the past the fine may be twice the amount listed in this section, but may not exceed $ 1000 for each occurrence where authorized by statute.

(f) Fire-Safe (reduced ignition propensity) Cigarettes:

The fine shall be assessed in accordance with, and not exceed, the amounts established under 20 V.S.A. § 2757.

(g) Other:

The fine shall not exceed $ 500 for each administrative or technical violation not otherwise noted in this section.

Section 6 Overdue Payment

The authority having jurisdiction may refuse to issue a permit, license, certificate of fitness, work notice, energizing permit, final inspection, certificate of occupancy or plan review or take other action under its authority if the owner or a designated representative owes the Department penalties. The Department may notify other state agencies of noncompliance with an order of the Commissioner or nonpayment of penalties.

Section 7 Severability Clause

In the event any part or provision of these rules is held to be illegal, this shall not have the effect of making void or illegal any of the other parts or provisions of these rules.

Section 8 Effective Date

These rules shall take effect on December 1, 2006, and shall supersede Appendix II of the Vermont Electrical Safety Rules adopted November 1, 2005 and Article III, Section 3 of the Vermont Elevator Safety Rules adopted December 1, 2005. 20 V.S.A. §§ 2734, 2757, 2885, 2906; 21 V.S.A. §§ 150, 156; 26 V.S.A. §§ 897, 2175

History

• EFFECTIVE DATE: November 2, 1994 Secretary of State Rule Log # 94-47 [Department of Labor and Industries]
• AMENDED: December 1, 2006 Secretary of State Rule Log # 06-036

Chapter 005 VERMONT ELEVATOR SAFETY RULES

28-005 Code Vt. R. 28-070-005-X VERMONT ELEVATOR SAFETY RULES

Section 1 Purpose of the Rules

The purpose of these rules is to assure that elevators and other automated conveyances are correctly and safely installed and operated within the state by authorizing and enforcing rules for the design, installation, operation and maintenance of conveyances, and by licensing mechanics and inspectors who work on these conveyances.

Section 2 Authority and Definitions

(a) These rules are adopted by the Elevator Safety Review Board pursuant to 21 VSA Section 144(b) and 152(b) to regulate the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following conveyances and associated parts that are installed in or on a public building:

(1) Hoisting and lowering mechanisms equipped with a car or platform that moves between two or more landings, including:

(A) Elevators

(B) Platform lifts and stairway chairlifts

(C) Power-driven stairways

(D) Escalators

(E) Material Lift

(2) Hoisting and lowering mechanisms equipped with a car that serves two or more landings and is designed to carry material, not people, but not including dumbwaiters and vertical reciprocating conveyors.

(b) These rules do not cover the conveyances that are regulated by the Vermont Tramway Board or by the rules of the Vermont Occupational and Safety Administration, or by the Federal Mine Safety and Health Act.

(c) For the purposes of these rules all definitions shall be the same as 21 V.S.A. section 141(b) contained in the annex of these rules and:

(1) "Material alteration" means any change to equipment, including its parts, components and/or subsystems, other than maintenance, repair or replacement.

(d) Private chair lift provided inside an apartment or condo unit shall be exempt from these rules.

(e) A private chair lift installation for an individual apartment tenant or condo owner and not for public use located in a common area shall be exempt from these rules. Example; a 4-unit condo has two units on first floor and two on second floor with a common stairway leading to upper units.

Section 3 License Requirements for Design, Installation, Maintenance and Inspection of Conveyances

(a) No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this state unless the person is licensed as an elevator or lift mechanic.

(b) An apprentice or helper may perform any of the activities described in this section only when a mechanic licensed under this chapter is physically present and is immediately available to direct and supervise that apprentice or helper.

(c) The main disconnect for the conveyance and building wiring and devices associated with a conveyance, such as electrical lights outside of a conveyance, receptacles and fire alarm devices, are required to be installed, replaced and maintained by an electrician licensed under the Vermont Electrical Safety Rules.

(d) A licensed electrician, or any other person, shall only enter an elevator shaft when the elevator is under the control of a licensed elevator mechanic who is present at the site.

Section 3.1 Elevator Mechanic License

To be eligible as a licensed elevator mechanic an applicant shall demonstrate:

(a) An acceptable combination of documented experience and education credits including not less than 4 years' work experience in the elevator industry, in construction, maintenance and service/repair, as verified by current and previous employers; or,

(b) A certificate of completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program, National Association of Elevator Contractors (NAEC) Certified Elevator Technician or the Canadian Elevator Industry Education Program or their equivalent, that have been approved by the department; or, Certified Elevator Technician (GET).

(c) Certificate of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor, National Association of Elevator Contractors (NAEC) Certified Lift Technician or the Vermont State Apprenticeship Council; and

(d) Satisfactory completion of a written examination administered by the department on the most recent adopted codes and standards.

(e) The person that is enrolled in an apprenticeship or training program must complete the program and is not eligible to take this examination until completion of the program.

(f) A person who holds an elevator mechanic's license is permitted to work on all conveyances.

Section 3.2 Lift Mechanic License

To be eligible as a licensed lift mechanic an applicant shall demonstrate:

(a) An acceptable combination of documented experience and education credits including not less than 2 years' work experience in the platform lift industry, in construction, maintenance and service/repair, as verified by current and previous employers; or,

(b) Certificate of completion of an apprenticeship program for lift mechanic, having standards substantially equal to those of this chapter, and registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor or the Vermont State Apprenticeship Council; and Certified Accessibility Technician (CAT).

(c) Satisfactory completion of a written examination administered by the department on the most recent adopted codes and standards.

(d) The person that is enrolled in an apprenticeship or training program must complete the program and is not eligible to take this examination until completion of the program.

(e) A person who holds a lift mechanic's license is permitted to work on platform lifts and stairway chairlifts.

Section 3.3 Elevator Inspector License

To be eligible as a licensed elevator inspector an applicant shall demonstrate:

(a) An acceptable combination of documented experience and education credits including not less than 4 years' work experience in the elevator industry, in construction, maintenance and service/repair, as verified by current and previous employers, and

(b) Possession of a valid certification as an Qualified Elevator Inspector (QEI) 1; and

(c) Possession of insurance coverage in the amount of $ 1,000,000 per occurrence and $ 3,000,000 general aggregate.

(d) A person who holds an elevator inspector's license is permitted to inspect all types of conveyances.

(e) A person who holds an elevator inspector's license shall avoid a conflict of interest.

Section 3.4 Recognition of Out of State License

An elevator mechanic license or lift mechanic license shall be issued without examination to an individual holding a valid license from a state or province that has equal or more stringent requirements than Vermont. Documentation shall be submitted in the form of a certified copy of the license and a description of the license requirements from the authority issuing the license.

Section 3.5 License Card

Upon successful completion of the requirements listed in section 3.1, 3.2, or 3.3 of this section and payment of the required fee, the applicant shall receive a license in the form of a wallet-sized card. The license card shall be carried by the license holder at all times while working under these rules and the license holder shall display the license card upon request.

Section 3.6 License Renewal

(a) A license issued under these rules shall be valid for two years.

(b) Applicants for license renewal shall provide evidence of completion of eight hours of related instruction completed during the preceding 24-month licensing period.

(c) All licenses expire the last day of the month for the license period. The signed application for renewal, the certification of related instruction, child support certification, tax certification, fine or penalty certification and the fee for renewal shall be returned to the board prior to the date the license expires.

(d) If a license is not renewed within one year of its expiration date the inactive licensee shall make application for a new license and shall follow the appropriate licensing procedure. The board may waive the requirement for reexamination where there is an undue hardship or other unusual circumstance.

(e) A license holder who is unable to complete a course of related instruction during the time specified may request an exemption from the Board on a form provided by the department.

(1) When the exemption request is due to temporary disability a certified statement from a competent physician attesting to such temporary disability shall be provided.

(2) When a temporary exemption for related instruction is approved by the Board a new license shall be issued with a new expiration date 90 days beyond the previous expiration date.

(f) A license holder whose license has reached the expiration date shall not accomplish any unsupervised work regulated under these rules until the license has been renewed.

Section 3.7 License and Examination Fees

(a) The fees for all licenses are established by the legislature as follows:

(1) Elevator Mechanics license (initial and renewal) - $ 75.00;

(2) Lift Mechanic License (initial and renewal) - $ 50.00

(3) Elevator Inspectors license (initial and renewal) - $ 150.00.

(b) The board has contracted with a national testing service to develop and administer license examinations. The examination fee shall be paid by the applicant to the testing agency. [Note: The examination fee is based on contract agreement with testing agency.]

Section 3.8 Approval of Related Instruction

(a) Eight hours of related instruction, as required under section 3.6(b) of these rules for license renewal, shall be approved by the board.

(b) Each course of related instruction shall be designed to ensure the continued qualification of the license holder.

(c) Courses of related instruction shall be taught by qualified instructors through continuing education providers that may include, but shall not be limited to, association seminars and labor training programs.

(d) Course providers shall submit a course outline, information on the standards used for the course and a resume for each instructor of their technical and instruction experience, to the board for approval.

(e) An instructor approved for a course of related instruction shall receive credit for the course toward renewal of their license for a course taught within the year prior to the expiration date of the license.

(f) Course providers shall keep records for a period of ten years of the attendance of license holders and shall make such records available to the board upon request. Approved course providers shall be responsible for the security of all attendance records and certificates of completion. Falsifying or knowingly allowing another to falsify such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section.

Section 3.9 Temporary Emergency License

(a) Whenever an emergency exists in the state of Vermont due to a natural or man- made disaster, or work stoppage, and the number of persons in the state holding a license granted by the Board is insufficient to cope with the emergency, any elevator or lift company shall respond as necessary to assure the safety of the public.

(b) Any person with a valid out of state elevator license shall seek a temporary emergency license from the Board within five business days after commencing work requiring a license. The company shall furnish proof of competency as the Board may require.

(c) Each temporary emergency license shall indicate that it is valid for a period of thirty days from the date of the emergency. The board may also designate conditions to the temporary emergency license for particular elevator manufacturers or geographical areas in the state.

(d) The Board may designate and otherwise may entitle the temporary emergency license holder to the rights and privileges of a license holder as otherwise issued under these rules.

(e) The department may renew a temporary emergency license during the existence of an emergency.

(f) No fee shall be charged for any temporary emergency license.

Section 3.10 Disciplinary Action Against a License Holder

(a) Any person may file a complaint with the Board by doing so in writing, setting forth a full statement of the facts concerning the alleged infraction of the elevator licensing law or rules. In the event a complaint is filed with the Board, the Board's investigation shall not be limited to the matter set forth in the request for investigation but may extend to any act coming to the attention of the Board which appears to violate the law or these rules.

(b) The board will proceed with initiating a complaint against a license holder, investigation of the complaint, actions and hearings as described in Annex II of these rules.

(c) In accordance with 21 V.S.A, Section 149, the Elevator Safety Review Board may suspend or revoke a license and assess administrative penalties pursuant to 21 V.S.A. sections 149 and 156. This shall not preclude the Board from taking less severe steps, including but not limited to, formal reprimand, additional required education or placing conditions on work regulated by these rules. The Board may act if:

(1) Fraud or deceit in obtaining the license.

(2) Failure to notify the department and the owner or lessee of a conveyance of the noncompliance of the conveyance with the standards adopted under these rules.

(3) Violation of any provision of these rules.

(d) The Board may take disciplinary action against a license holder only after notice and an opportunity to appear before the Board for a hearing, in accordance with 3 V.S.A. Chapter 25, the Vermont Administrative Procedure Act, and these rules.

Section 4 Duties of License Holder

(a) Any person who has obtained a license under these rules shall:

(1) Not install, repair or maintain conveyances and equipment in a manner that is likely to be unsafe.

(2) Observe these rules regarding the design, installation, operation and maintenance of conveyances and equipment and the supervision of unlicensed employees.

(3) Not begin any work until a permit has been issued by the department.

(4) Not work on or inspect a conveyance or equipment until the conveyance has been registered with the department.

(5) Report the results of all conveyance inspections to the department within 14 days of the inspection in a format approved by the department.

(6) Participate in additional training as may be directed by the Board.

Section 5 Adoption of Nationally Recognized Safety Codes

The Safety Code for Elevators and Escalators (ASME A17.1-2013). To meet the needs of Vermont ASME A.17.1 is amended as follows:

-delete & replace-A17.1 Preface: The Vermont Elevator Board regulations do not recognize or accept ASME A17.7, and does not allow Machine Room Less (MRL) Elevators, unless a variance is granted by the Board.

-delete & replace- section 2.2.2.5 In elevators provided with Firefighters' Emergency Operation, a sump pit shall be provided to accommodate the future installation of a sump pump if required.

-delete & replace- 2.8.3.3.2 Sprinklers/Shunt-trip Breakers - Regardless of hoistway or machine room building construction type shunt trip breakers are not permitted. Where a building is protected with an automatic sprinkler system, sprinkler head protection is required within 24" of pit floor of hoistway. Sprinkler head shall be provided in machine room of a hydraulic elevator and shall be a higher temperature setting than a heat detector, or system smoke detector provided in lieu of a heat detector. Sprinkler head shall not be installed at top of elevator shaft. Sprinkler protection is not permitted in machine room of a traction elevator , but shall have a smoke detector or heat detector provided. Smoke detector in hoistway shall only be used in conjunction with a hoistway vent.

-delete & replace- 2.27.1.1.2(a) Two-way communications shall be directed to a location(s) staffed by authorized personnel who can take appropriate action. Communication shall be answered by a live operator only. Interactive Voice Response is not a permitted communication under these rules.

-delete & replace- 8.6.11.1 Fire service recall test shall be conducted by a qualified elevator mechanic during scheduled maintenance.

-add- LU/LA elevators installed prior to 1996 shall meet A17.1-1996 Part 25.

-delete & replace- section 8.11.1.1.2(a) Periodic tests shall be performed by a person holding a valid Vermont elevator mechanic's license.

The Safety Code for Existing Elevators and Escalators (ASME A17.3-2011).

The Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1-2011).

-delete & replace- section 10.1.2.1 Periodic tests shall be performed by a person holding a valid Vermont elevator or lift mechanic's license

-add- A18.1 Equipment installed prior to 1984 would have to meet A17.1-1984 Part 20.

The National Safety Standard Ffor the Qualifications of Elevator Inspectors (ASME QEI-1-2013)

Section 6 Reference Documents

The following documents have been adopted by the department under other rules or are documents that may be used as reference by the board. A person who holds a license under these rules should be aware of these documents and consult them as needed. National Fire Alarm Code (NFPA 72) as adopted under the Vermont Fire & Building Safety Code National Electrical Code (NFPA 70) as adopted under the Vermont Electrical Safety Rules International Building Code (IBC) as adopted under the Vermont Fire & Building Safety Code Guide for Inspection of Elevators, Escalators and Moving Walks (ASME A17.2-2012) Vermont Access Rules, including the provisions from the Americans with Disabilities Act Accessibility Guidelines, as adopted by the Vermont Access Board.

Section 7 Registration of Conveyances

(a) The owner or lessee of a conveyance shall register any new or existing conveyance with the department. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installation and any additional information the Board may require.

[Note: A registration form is available on the department's website at firesafety.vermont.gov under the Elevator section.]

(b) The department may, after notice and hearing, assess an administrative penalty of no more than $ 1,000.00 against a building owner or lessee who fails to register a conveyance as required by these rules.

(c) The Vermont conveyance number shall be marked on each conveyance electrical disconnect.

Section 8 Permit for Installation or Alteration

(a) No conveyance shall be erected, constructed, installed or altered in a public building unless a permit has been obtained from the department before work is commenced. Before a material alteration is begun, the conveyance shall conform to rules adopted by the board regulating the alteration.

(b) Each application for a permit shall be accompanied by a fee of $ 25.00, and copies of specifications and accurately-scaled and fully-dimensioned plans that clearly indicate location of the elevator in the building; the location of the machinery room and the equipment to be installed, relocated or altered; all structural supporting members, including foundations; and a specification of all materials to be used and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(c) The Department may refuse to issue a permit if the license holder has other on- going elevator work for which a permit application has not been filed, or if the Department is owed fees.

(d) A permit may be revoked for any of the following reasons:

(1) A false statement or a misrepresentation of a material fact in the application, plans or specifications on which the permit was based.

(2) Failure of the permittee to perform work in accordance with the conditions of the permit, the provisions of the application, plans or specifications or the standards required by these rules.

(3) Failure of the permit holder to comply with any order issued pursuant to 21 V.S.A. Section 154.

(e) Work shall commence within six months after the date of issuance of a permit, or within a shorter period of time as the Commissioner may specify in the permit.

(f) A permit shall expire if work is suspended or abandoned for more than 60 days after work has begun, or a shorter period of time as the Commissioner may specify in the permit. For good cause shown, the Commissioner may extend this period.

(g) A copy of the permit shall be kept at the construction site at all times while work is in progress.

Section 9 Conveyance Inspection

(a) New Conveyance - Shall not be placed in operation until it has been inspected by an elevator inspector and a certificate of operation has been issued. An existing conveyance shall be inspected annually by an elevator inspector.

(b) Conflict of Interest - No person shall conduct an annual inspection on a conveyance they installed, or have worked on, unless another inspection company has validated compliance with the conveyance since installation or repair.

(c) Failure to Repair - Conveyances with other than minor violations shall have 90 days to take corrective action or conveyance will be placed out of service until such time violations have been corrected and re-inspected.

(d) Periodic Test Form - shall be completed by elevator mechanic during scheduled maintenance. An official elevator test form shall be completed, signed, dated and posted in machine room.

Section 9.1 Inspection Reporting

An elevator inspector shall file a written inspection report with the department within 14 days of completion of each inspection indicated all violations identified with code citations.

Section 9.2 Certificate of Operation

(a) When an elevator inspector has determined a new or existing conveyance is in substantial compliance with these rules, the elevator inspector shall issue a certificate of operation.

(b) When an elevator inspector has determined an existing conveyance is not in complete compliance with these rules but is safe for temporary operation, the elevator inspector shall issue a conditional certificate of operation. A conditional certificate of operation shall not be valid for more than 90 days without approval by the Division, or the Board.

(c) When an elevator inspector has determined that non-compliance with these rules involves a distinct hazard to life, the elevator inspector shall not issue a certificate of operation. The distinct hazard(s) shall be immediately corrected, or the elevator inspector shall notify the department and disconnect the conveyance from operation.

(d) The certificate of operation or conditional certificate of operation shall be in a form provided by the department.

(e) A proof of inspection sticker shall be affixed to the certificate of operation, or conditional certificate of operation, by an elevator inspector after the inspection of the conveyance has been completed as authorization of that inspection.

(f) The certificate of operation shall be clearly displayed on or in each conveyance.

Section 9.3 Fees

(a) An elevator inspector may charge a fee for an inspection required under these rules. The fee shall include the $ 25 fee paid to the department for each authorized certificate of operation and shall not exceed:

(1) for electric traction elevators and escalators - $ 250,

(2) for hydraulic elevators greater than 3 stops - $ 225,

(3) for hydraulic elevators with 2 or 3 stops - $ 200,

(4) for limited use/limited application elevators - $ 175,

(5) for platform lifts-$ 150,

(6) for residential elevators and stairway chairlifts - $ 100.

(b) An elevator inspector shall submit $ 25 to the department for each proof of inspection fee sticker.

Section 10 Variance, Exemption and Reconsideration

(a) The Board may grant a variance approving a different solution to compliance with the intent of this code. In considering a request for a variance, the board may take into consideration the impact to the historic character of the conveyance and/or the building.

(b) In order for a variance or exemption request to be reviewed the owner or designated representative shall submit:

(1) Evidence that the proposed or existing conveyance is not in compliance with these rules.

(2) Evidence, letters, statements, test results, construction documents, or other supporting information as required to justify the request.

(3) Evidence that strict compliance with these rules would entail practical difficulty, unnecessary hardship or is otherwise found unwarranted.

(4) Evidence that any such variance or exemption provides an equal or greater level of public safety.

(c) The determination on the variance or exemption request shall be made in writing to the applicant and shall advise the applicant of the reconsideration process as contained in Section (d). This determination shall be made no later than 30 days after the Board meeting at which the variance or exemption request is heard.

(d) The Board may reconsider an interpretation or decision made pursuant to this section. To request reconsideration the owner shall submit a written request to the Board including:

(1) Evidence the proposed or existing conveyance is not in compliance with this Code.

(2) Evidence, letters, statements, test results, construction documents or other supporting information as required to justify the request.

(3) Evidence that the true intent of these rules has been incorrectly interpreted, or the provisions of these rules do not fully apply; or the decision is unreasonable or arbitrary as it applies to alternatives or new materials.

(e) The request for reconsideration shall be submitted no later than 30 days after receiving the variance or exemption determination.

(f) A request for variance, exemption, or reconsideration shall not relieve a person from complying with these rules, permit or occupancy requirements, unless the Board expressly authorizes an extension of compliance period pending review of the request.

Section 11 Incident Reporting

The owner, leaseholder or license holder shall immediately report any conveyance accident or incident involving personal injury to the department.

Section 12 Severability Clause

In the event any part or provision of these rules is held to be illegal, this shall not have the effect of making void or illegal any of the other parts or provisions of these rules.

Section 13 Effective Date

These rules shall take effect July 1, 2014.

Annex I. Title 21 V.S.A. Chapter 3, Elevator Safety.

§141.Purpose; Definitions.

(a) The purpose of this subchapter is to assure that elevators and other automated conveyances are correctly and safely installed and operated within the state by authorizing and enforcing rules for the design, installation, operation and maintenance of automated people conveyances, and by licensing mechanics and inspectors who work on these conveyances.

(b) For the purposes of this subchapter:

(1) "Board" means the elevator safety review board.

(2) "Certificate of operation" means a document issued by the department indicating that a conveyance has passed the required safety inspection, and the conveyance may be operated for a year from the date the certificate is issued.

(3) "Commissioner" means the commissioner of public safety or the commissioner's designee.

(4) "Conditional certificate of operation" means a document issued by the department that permits a conveyance that is not in compliance with rules adopted under this subchapter, but, after inspection, has been deemed safe for temporary operation to operate for up to 30 days (180 days effective July 1, 2008) or until the conveyance is in compliance, whichever occurs earlier.

(5) "Conveyance" means an electrically-driven mechanical device that moves people or materials vertically, and includes elevators, escalators, platform lifts and stairway chairlifts.

(6) "Department" means the department of public safety.

(7) "Elevator inspector" means an individual who is licensed by the commissioner to perform safety inspections of newly installed and existing conveyances.

(8) "Elevator mechanic" means an individual who is licensed by the commissioner to erect, construct, install, alter, service, repair and maintain conveyances.

(9) "Public building" has the same meaning as that term is defined in section 2730 of Title 20.

(10) "Lift mechanic" means an individual who is licensed by the commissioner to erect, construct, install, alter, service, repair and maintain platform lifts and stairway chairlifts.

§ 142. Conveyances Regulated.

(a) This subchapter regulates the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following conveyances and associated parts that are installed in or on a public building:

(1) Hoisting and lowering mechanisms equipped with a car or platform that moves between two or more landings, including:

(A) Elevators.

(B) Platform lifts and stairway chairlifts.

(C) Power-driven stairways.

(D) Escalators.

(2) Hoisting and lowering mechanisms equipped with a car that serves two or more landings and is designed to carry material, not people, but not including dumbwaiters.

(b) This subchapter does not cover the conveyances that are regulated by the Vermont tramway board or by the rules of the Vermont occupational and safety administration, or by the Federal Mine Safety and Health Act, 30 U.S.C.A. § 801 et seq.

§ 143. License Required.

No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this state unless the person is licensed as an elevator mechanic, except that person who is licensed as a lift mechanic may erect, construct, wire, alter, replace, or maintain any conveyance located in any public building. An apprentice or helper may perform any of the activities described in this section only when a mechanic licensed under this chapter is physically present and is immediately available to direct and supervise that apprentice or helper.

§ 144. Elevator Safety Review Board; Members; Duties.

(a) The elevator safety review board is established within the department, and shall consist of seven members, one of whom shall be the commissioner or the commissioner's designee, one of whom shall be the commissioner of labor or the commissioner of labor's designee, and five members to be appointed by the governor as follows: one representative from a major elevator manufacturing company; one representative from an elevator servicing company; an owner or manager of a multistoried building, in which a conveyance is installed; an elevator inspector; and an individual who actually installs, maintains and repairs conveyances. The members appointed by the governor shall be appointed for staggered terms of three years, and shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.

(b) The board shall:

(1) Adopt rules regarding the following:

(A) Safety standards for the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances covered by this subchapter. At a minimum, the board shall adopt rules that include the Safety Code for Elevators and Escalators, ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard for the Qualification of Elevator Inspectors, ASME QEI-1. The board shall amend the rules to include any changes or amendments to these standards within six months after the effective date of the standard changes. The board may adopt rules to modify these standards as the board deems necessary.

(B) Any other rule necessary to implement this subchapter.

(2) Grant variances, provided the variance provides an equal or greater level of public safety. The decision of the board in regard to an application for a variance shall be final.

(c) The board may:

(1) Adopt rules for temporary elevator mechanic licenses in the event of an emergency.

(2) Contract with a national testing service to develop and administer licensing examinations.

§ 145. Elevator Mechanic License and Lift Mechanic License.

An individual shall submit to the commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the board that the applicant meets the qualifications established by the board. An individual who holds an elevator mechanic license may work on platform lifts and stairway chairlifts without a lift mechanic license. An individual who holds only a lift mechanic license may not work on elevators without an elevator mechanic license.

§ 146. Elevator Inspector License.

An individual shall submit to the commissioner a written application for an elevator inspector license on a form provided by the board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfaction of the board that the applicant meets the qualifications established by the board.

§ 147. Examination Not Required.

A license for elevator mechanic or inspector shall be issued to an applicant, upon application and payment of the required fee, or to an individual who holds a comparable valid license or certification from a state that has equal or more stringent requirements.

§ 148. Issuance and Renewal of Licenses; Fees.

(a) A license issued by the board shall be valid for two years . The board may renew a license, provided the applicant submits a written application for renewal accompanied by the required fee prior to expiration of the license.

(b) Applicants for license renewal shall provide evidence, satisfactory to the board, of completion of eight hours of instruction approved by the board, designed to ensure the continued qualifications of the applicant.

(c) License and renewal fees are as follows:

(1) Elevator mechanic license: $ 75.00

(2) Elevator inspector license: $ 150.00

(3) Lift mechanic license: $ 50.00

§ 149. Civil Penalties; Suspension; Revocation of License.

After notice and hearing, the board may suspend or revoke a license and assess administrative penalties pursuant to section 156 of this title for any of the following reasons:

(1) Fraud or deceit in obtaining the license.

(2) Failure to notify the department and the owner or lessee of a conveyance of noncompliance of the conveyance with the standards adopted under this subchapter.

(3) Violation of any provisions of this subchapter.

§ 150. Registration of Conveyances.

(a) The owner or lessee of a conveyance shall register the conveyance with the department, pursuant to rules adopted by the board. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installation, and any additional information the board may require.

(b) The commissioner may, after notice and hearing, assess an administrative penalty of no more than $ 1,000.00 against a building owner or lessee who fails to register a conveyance as required by this subchapter.

§ 151. Permits.

(a) No conveyance shall be erected, constructed, installed or altered in a public building unless a permit has been obtained from the department before work is commenced. Before a material alteration, as defined by rule, is begun, the conveyance shall conform to rules adopted by the board regulating the alteration. A copy of the permit shall be kept at the construction site at all times while work is in progress.

(b) Each application for a permit shall be accompanied by a fee of $ 25.00, and copies of specifications and accurately-scaled and fully-dimensioned plans that clearly indicate location of the elevator in the building; the location of the machinery room and the equipment to be installed, relocated or altered; all structural supporting members, including foundations; and a specification of all materials to be used and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(c) A permit may be revoked for any of the following reasons:

(1) A false statement or a misrepresentation of a material fact in the application, plans, or specifications on which the permit was based.

(2) Failure of the permittee to perform work in accordance with the conditions of the permit, the provisions of the application, plans or specifications, or with the standards required by this subchapter.

(3) Failure of the permit holder to comply with any order issued pursuant to Section 154 of this title.

(d) Work shall commence within six months after the date of issuance of a permit, or within a shorter period of time as the commissioner may specify in the permit.

(e) A permit shall expire if work is suspended or abandoned for more than 60 days after work has begun, or a shorter period of time as the commissioner may specify in the permit. For good cause shown, the commissioner may extend this period.

§ 152. New Installations; Annual Inspections and Registrations.

(a) A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer and a certificate of operation has been issued.

(b) Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the board by rule. Rules adopted by the board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform lift. The inspector shall notify the department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.

(c) An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter. A certificate of operation shall be renewed annually. An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the board. Certificates of operation shall be clearly displayed on or in each conveyance.

(d) The department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation. This conditional certificate of operation shall permit a conveyance to operate for no more than 180 days or until the conveyance is in compliance, whichever occurs first.

(e) The inspector shall submit $ 25.00 of the fee charged for each inspection to the department for each certificate of operation issued under this subchapter.

(f) As established by the board by rule, an inspector may charge a fee not to exceed $ 250.00 for each inspection, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

§ 153. Insurance Requirements; License.

A licensed elevator inspector shall submit to the department an insurance policy, or certified copy issued by an insurance company authorized to do business in Vermont, that provides general liability coverage in an amount to be determined, by rule.

§ 154. Enforcement.

(a) The commissioner may contract with elevator inspectors to perform random on-site inspections and tests on existing conveyances, conduct periodic inspections and tests to ensure satisfactory performance by licensed individuals, and develop public awareness programs.

(b) If the commissioner finds a violation of this subchapter, the commissioner may:

(1) Order the owner of the premises or the owner's agent and the individuals performing the work to correct or remove the violation.

(2) Suspend or retract the permit.

(3) Order the owner, a public utility or a private party furnishing electricity to the installation not to connect or disconnect electrical energy from the conveyance until the violation is corrected.

§ 155. Liability.

This subchapter shall not be construed to relieve any person that owns, operates, controls, maintains, erects, constructs, installs, alters, inspects, tests or repairs any elevator or other conveyance covered by this subchapter from liability for damages to persons or property caused by any defect in any conveyance.

§ 156. Penalty.

(a) Any owner or lessee who violates any of the provisions of this subchapter shall be fined not more than $ 1,500.00 for each occurrence.

(b) The commissioner may, after notice and hearing, assess an administrative penalty of not more than $ 1,000.00 for each violation of this subchapter.

(c) Any person who erects, constructs, wires, alters, replaces, or maintains any conveyance located in any public building in this state without being licensed as required by this subchapter, or who employs an unlicensed person to perform this work, shall be fined not more than $ 1,000.00 for each offense.

§ 157. Elevator Safety Fund; Creation.

The elevator safety fund is created for the purpose of funding the elevator safety inspection and licensing program. All revenues from fees collected for licensing elevator mechanics and inspectors, and issuing permits and certificates of operation, shall be deposited in the fund. The commissioner, pursuant to an appropriation from the fund, shall request disbursements from the fund by the commissioner of finance and management. The fund shall be maintained by the state treasurer and shall be managed in accordance with the provisions of subchapter 5 of chapter 7 of Title 32.

Annex II. Disciplinary Proceedings.

II.1. Initiating a Complaint Against a Licensee.

(a) Form of complaint filing. A person may register a complaint against a mechanic or inspector licensed by the Elevator Board by filing a written complaint with the Division of Fire Safety, 1311 US Route 302 - Berlin, 600, Barre, VT 05641-2351. The written complaint must set forth, at a minimum, the nature, date and place of the alleged violations. The Board may also initiate a license review procedure on its own motion by filing a complaint with the department.

(b) Verification. Upon receipt of a complaint, the department will verify the Vermont license number of the person against whom the complaint is lodged. If the person is unlicensed and the complaint alleges criminal conduct, the department will refer the complaint to the office of the Criminal Division of the Attorney General's Office. If the person is a licensee of the Board, the department will docket the complaint and open an investigation file under the name and license number of the person.

(c) Investigating Panel. An investigating panel consisting of an investigator designated by the department and an Assistant Attorney General will be formed upon the docketing of a complaint. The Assistant Attorney General assigned to the case will head the panel and supervise the investigation of the complaint.

II.2. Initiating the Investigation.

(a) Notice to the Licensee. The department will send written notice of the initiation of an investigation to the licensee against whom the complaint has been filed. The notice shall include a copy of the complaint and a copy of the statute and these rules. The notice will inform the licensee that inquiries or materials regarding the investigation should be addressed to the investigating panel at the address of the department.

(b) Notice to the Board. The department will send written notice to the Board and the complainant indicating that an investigation has been instituted regarding a licensing complaint.

(c) The inspector assigned to investigate the complaint shall inspect the work which is the subject of the complaint and interview the complainant. The inspector may also meet and interview the licensee at the direction of the Assistant Attorney General assigned to the matter.

II.3. Recommended Action.

(a) At the conclusion of the investigation the Assistant Attorney General assigned to the matter shall make a recommendation as to whether formal proceedings should commence against the licensee.

(b) If formal disciplinary proceedings are recommended, the Assistant Attorney General shall submit a complaint describing the alleged violations, and the rules or statutes violated, with the recommendation.

(c) If the licensee is willing to admit to the charges the Assistant Attorney General may explore the possibility of a stipulated settlement. A stipulated settlement must be approved by the Board.

(d) If no disciplinary action is recommended the case will be closed and the complainant and the license will be notified that no further action will be taken at this time. The matter may be reopened if new evidence is presented.

II.4. Formal Hearing by the Board.

(a) Notice and Place of Hearing. Upon the filing of a notice of charges by the investigating panel, the Board will commence the hearing process by serving the notice of charges and a notice of the hearing upon the licensee. Notice will be served personally or by certified mail, return receipt requested. Copies will be sent to the members of the investigating panel and the complainant. The hearing will be scheduled at least 20 days after service.

(b) Failure to Appear. If the licensee fails to appear after proper notice has been given, the Board shall hold the hearing and make a decision on the charges.

(c) A quorum of the Board shall be a majority of its members.

(d) Conduct of Hearing; Receipt of Evidence; Argument. The Board may admit any evidence it deems of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. All persons shall testify under oath or affirmation. The licensee or his attorney may examine or cross examine witnesses, inspect documents, and explain or rebut any evidence presented to the Board. The Assistant Attorney General, investigator, and licensee may present oral and written argument in addition to evidence, which also shall be made part of the record. Where a licensee is not represented by counsel the Board shall advise the licensee and aid in the examining and cross examining of witnesses as effectively as possible compatible with the impartial discharge of its duties as a body of impartial review.

(e) Authority of the Chair. The chair shall administer oaths to witnesses, rule on questions of evidence and upon the service of subpoenas and other notices, and do whatever is necessary and proper to conduct the hearing in a judicious, fair and expeditious manner.

(f) Disqualification of a Board Member. A member of the Board shall voluntarily disqualify him or herself and withdraw from any hearing in which the member cannot act in a fair and impartial manner, or where the member has an interest in the proceedings. Any party to a hearing may request disqualification of a Board member by filing an affidavit stating with particularity the grounds for disqualification. If the Board member does not disqualify himself or herself in response to the motion, the chair of the Board shall decide the issue of disqualification. A hearing shall be held if requested by the moving party or if deemed necessary by the chair. All materials pertinent to a matter of disqualification shall be made part of the record. If a Board member is disqualified, thereby negating the quorum, the chair shall appoint a hearing officer to decide the matter in the same manner as if the Board were presiding.

(g) Judgment of the Board. The Board will issue a decision within a reasonable time following the conclusion of the hearing. The decision must be in writing and be signed by the members of the Board. The decision shall set forth findings of fact, conclusions of fact and law, and the judgment. If a decision of the Board is not unanimous, the decision of the majority will control. The minority may file a dissenting opinion. The Board promptly shall mail or deliver a copy of its decision to the licensee, the investigating panel and, if appropriate, to the complainant. An order attached to the judgment will go into effect after the end of the 30 day appeal period, if no appeal is filed.

(h) Appeal From a Decision of the Board. A licensee aggrieved by a judgment of the Board may appeal that judgment to the Supreme Court. The Board may grant, or the court may order, a stay of the Board's order upon application of the licensee.

(i) Transcripts. A contested case hearing shall be recorded but not transcribed unless a transcript is requested by an interested person. Transcripts will be available for cost. The Board will provide an estimate of transcription cost before filling an order for transcript.

History

• STATUTORY AUTHORITY: 21 V.S.A. §§ 144, 152
• EFFECTIVE DATE: November 7, 2002 Secretary of State Rule Log #02-38, #02-39, #02-40, #02-41
• AMENDED: December 1, 2005 Secretary of State Rule Log #05-046; December 1, 2006 Secretary of State Rule Log #06-036; November 1, 2008 Secretary of State Rule Log #08-044; July 1, 2014 Secretary of State Rule Log #14-018

Chapter 006 HISTORIC VARIANCE APPEALS BOARD RULES

28-006 Code Vt. R. 28-070-006-X HISTORIC VARIANCE APPEALS BOARD RULES

Section I Definitions

"Board" shall mean the historic variance appeals board established in 21 V.S.A. 252a(a).

"Code or Rule" shall mean the most recently adopted edition of the Vermont department of labor & industry fire Prevention and building code, and shall include all portions of other fire and building codes incorporated by reference in that code.

"Commissioner" shall mean the commissioner of the department of labor & industry

"Damage or destroy the historic architectural integrity" shall mean to have an undue adverse impact on historically significant features or the historic architectural integrity of the building.

"Department" shall mean the department of labor & industry.

"Equal protection of the public safety and health" shall mean that an alternative method, means or practice taken in lieu of the method, means or practice required by the rule shall, in the opinion of the board, not provide less life safety protection then compliance with the rule.

"Historic building or historic structure" shall mean:

(i) any structure listed in or eligible for listing in the national register of historic places or the state register of historic properties;

(ii) any structure determined to be historically significant by the Vermont advisory council on historic preservation;

"Methods, means or practices to be taken in lieu of the rule" shall include fire prevention and life safety methods, means or practices which are shown to be accepted in other jurisdictions, or modifications to strict compliance with the rule which are shown to be effective, or the use of materials, methods, means or practices superior to the rules requirements. It may also include systems of early detection and warning, drills, and the use of more, trained, staff.

"Undue adverse impact on historically significant features or the historic architectural integrity of the building" shall mean:

(i) that strict compliance with the code or rule will result in the damage or loss of a significant historic feature; and

(ii) that the action represents a clear violation of the secretary of the interior's standards for rehabilitation.

Section II Jurisdiction

(a) Any person authorized to act on behalf of an owner of an historic building, as defined above, which is planning renovation work or which has been the subject of an inspection by the fire prevention division of labor & industry may seek a variance or exemption from the fire prevention code or rules applied to the building. An owner may also seek an extension of the time permitted to bring the historic building into compliance with applicable fire safety rules or codes.

(b) The board shall hear and determine all requests by owners of historic buildings, or their authorized representatives, for variances or exemptions from the rules adopted by the commissioner under 21 V.S.A. Chapter 3, subchapter 7.

(c) The board may permit a person seeking a variance or exemption to phase in compliance with the rules adopted under 21 V.S.A. Chapter 3, subchapter 7 in lieu of or in addition to granting the variance or exemption requested. The period of phased in compliance shall be reasonable but shall state a date by which compliance shall be achieved.

Section III Criteria for Granting a Variance or Exemption Request

A request for variance or exemption may be granted where an applicant has demonstrated that strict compliance would entail practical difficulty, unnecessary hardship, or would damage or destroy the historic architectural integrity of the historic building or structure, or is otherwise found unwarranted, provided that:

(1) any such variance or exemption secures the public safety and health;

(2) any petitioner for such a variance or exemption can demonstrate that the methods, means or practices proposed to be taken in lieu of the rule or rules provide, in the opinion of the board, equal protection of the public safety and health as provided by rule or rules;

(3) the rule or rules from which the variance or exemption is sought has not also been promulgated as a V.O.S.H.A. rule or standard; and

(4) any such variance or exemption does not violate any of the provisions of the architects or professional engineering licensing laws. (Chapters 3 and 20 of Title 26 or any rules adopted thereunder.)

Section IV Burden of Proof

The applicant has the burden of demonstrating:

(a) That the building or structure is an historic building; (The applicant may consult the division for historic preservation for assistance in identifying and evaluating historic buildings); and

(b) That compliance with the rules would entail practical difficulty, unnecessary hardship, or would damage or destroy the historic architectural integrity of the historic building or structure, or is otherwise found unwarranted; and

(c) That all of the criteria numbered 1-4 in section III are met.

Section V The Process

(a) Any person seeking a variance or exemption for work involving an historic building shall file a written request with the commissioner. Evidence that the building is an historic building as defined above shall be submitted with the written request. Photographs, architectural drawings, and other appropriate graphic materials sufficient to show the overall building and affected historic features of the building shall also be submitted with the request.

(1) The request shall describe the rule or rules from which the variance or exemption is sought; A variance request will generally not be considered until a plan review or inspection procedures have been completed by the commissioner or designated representative. A plan review letter or inspection report is generally sufficient to describe the rules from which a variance or exemption is sought;

(2) The reasons why a variance or exemption is sought; and

(3) A description as to how any alternative method, means or practices to be taken in lieu of the rule, provides equal protection of the public safety and health.

(b) A hearing on the request will be set within 15 working days of receiving the written request and materials as outlined in (a) above. An applicant may request a continuance of the hearing date, but must waive, in writing, his or her right to a decision within sixty days.

(c) At the hearing, the board shall take testimony from the applicant and/or his or her representatives, testimony from representatives of labor & industry, and receive and consider other information concerning the request, including, but not limited to, plans, drawings, photographs, factual documents, and test data. All hearings shall be open to the public.

(d) The board shall issue a written determination granting or denying, in whole or in part, any variance or exemption request, or permission to phase in compliance, within 60 days of hearing the request. If a grant is conditional, the condition shall be clearly stated in writing. Failure to act on a request within 60 days shall be deemed approval of the request, provided that the public safety and health is not imminently threatened. A vote of the majority of the board members present shall be binding.

Section VI Reconsideration

Either the applicant or the department of labor & industry may request reconsideration of the board's decision by submitting a written request for reconsideration within ten days of the board's decision.

(a) The basis for reconsideration shall be that the board made an incorrect interpretation of the code.

(b) The board's denial of a specific request for variance or exemption, shall not limit an applicant's ability to seek a variance or exemption based on materially different grounds or evidence.

Section VII Appeals

Appeals of board decisions shall be as provided by V.R.C.P. Rule 75.

Section VIII Agreements Encouraged

Nothing in these rules shall prohibit the applicant and the department of labor & industry from reaching an agreement concerning a variance or exemption, or alternate means of complying with the fire and building code rules.Statutory authority not provided.

History

• EFFECTIVE DATE: January 22, 2003 Secretary of State Rule Log # 03-06
• AMENDED: December 2006 [Moved from Department of Labor and Industry]

Chapter 007 PLUMBING

28-007 Code Vt. R. 28-070-007-X PLUMBING

Section 1. Purpose of the Rules.

The purpose of these rules is to protect and improve the general health and welfare of the people of the State of Vermont in the fields of environmental sanitation, water treatment, domestic supply and hydronically related hot water heating, by authorizing and enforcing rules and regulations for properly designed, acceptably installed and adequately maintained plumbing, water treatment and hydronically related water heating systems and by licensing qualified plumbers and qualified heating and water treatment specialists. These rules are enacted in conformance with the Vermont statutes covering plumbers and plumbing.

Section 2. Scope of the Rules.

(A) These rules shall apply to all public buildings, whether or not connected to public water systems or public sewage systems, and to all other buildings or facilities connected to a public water or sewage system. Owner-occupied single family residences which are not on public water systems or public sewage systems do not require a work notice.

Existing public buildings, and all other existing buildings or facilities which are on public water systems or public sewage systems must comply with these rules whenever the plumbing in those buildings or premises is changed, replaced, or altered. These rules shall not apply to existing private dwellings and public buildings except as the plumbing systems in them may be altered in the future.

All new plumbing must comply with the current Vermont State Plumbing Code.

(B) Section 403.4.2 shall apply to all new and existing single user toilet facility/room.

Section 3. Definitions.

(A) The definitions set out at 26 V.S.A. Section 2172 shall be applicable for these rules:

(1) A "public water system" or "public sewerage disposal system" shall mean any system supplying or serving 15 or more customers, each family, tenement, store or other establishment being considered a single customer.

(2) A "master plumber" shall mean any person, licensed under this chapter, as a business, designs and/or installs plumbing systems, hires or employs a person or persons to do plumbing work, or supervises journeyman plumbers, or apprentice plumbers in completion of their work. Licensed master plumbers may perform all aspects of the trade under a specialist license without being required to obtain a specialist license.

(3) A "journeyman plumber" shall mean any person licensed under this chapter who installs plumbing and water treatment or heating specialties under the direction of a master plumber. A journeyman plumber may supervise an apprentice employed by a master plumber and under the master plumber's direction. A journeyman plumber may perform all plumbing covered by a specialist license without being required to obtain a specialist license. A journeyman plumber shall not act as a master plumber.

(4) An "apprentice plumber" shall mean any person, employed by a master plumber or under the direction of a master plumber or a journeyman plumber, who is engaged in learning and assisting in the installation of plumbing and water treatment or heating specialties under an apprenticeship program properly registered with the Vermont Apprenticeship Council. An apprentice plumber shall be supervised on the job by either a master or a journeyman plumber as per Vermont Department of Labor apprenticeship guidelines.

(5) "Plumbing" is the art of installing pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water carried wastes and drainage venting systems within or on any building or structure.

(6) "State plumbing inspector" means a master plumber or duly qualified employee of the department designated to enforce the rules and regulations pursuant to this chapter.

(7) "Municipal inspector" means a plumbing inspector authorized to conduct municipal inspections pursuant to this chapter.

(8) "Specialist" means any person licensed under this chapter who performs work in connection with water treatment and heating, or both, or performs that work as a principal business or an auxiliary to a principal business for the person's own account as designated on the person's license.

(9) "Commissioner" means the commissioner of the Department of Public Safety.

(10) "Legislative body" means the select board, the alder board, city council or board of trustees of a municipality or an incorporated village.

(11) "Work notice" means the notice required to be filed and validated under Section, 14 of this rule by a licensee prior to commencement of plumbing work.

(12). MAINTENANCE. To keep existing plumbing fixtures and associated piping in good working order. Does not include relocation of fixtures or piping.

(B) In addition, for the. purposes of these rules:

1. "person" shall include any person or entity who performs plumbing work or is responsible for the performance of plumbing work under the jurisdiction of the Plumbers' Examining Board or the Department of Public Safety.

2. "board" shall mean the Plumbers' Examining Board created by 26 V.S.A. 2181;

3. "department" shall mean the Department of Public Safety.

4. "public building" shall be as defined in 20 V.S.A. Section 2900. (Refer to appendix B for link to statute)

5. "investigator" shall mean the person designated by the Department to work at the direction of the Assistant Attorney General on the investigating panel as detailed in Appendix C Section (a) (3).

Section 4. Plumbers' Examining Board.

(A) The Plumbers' Examining Board is comprised of 5 members: the Commissioner of Public Safety or designee; the Commissioner of Health or designee; a master plumber; a journeyman plumber; a public member not associated with the plumbing or heating trades.

(B) By statute the Board is responsible for: adopting plumbing rules; licensing and disciplining plumbers.

1. The plumbing rules the Board adopts must be minimum performance standards reasonably necessary for the protection of the public against recognized health hazards ( 26 V.S.A. Section 2173). The Board may adopt a nationally recognized plumbing code and amend it to suit Vermont in fulfilling its rule-making duties.

2. The Board controls the issuance, suspension and revocation of plumbers' licenses, In order to exercise its powers and carry out its responsibilities the board may:

(a) Conduct or otherwise provide examinations, and review and approve applications for licensure;

(b) Investigate all matters within its jurisdiction;

(c) Conduct hearings with regard to the administration of its affairs, including disciplinary hearings with regard to licensed persons; and,

(d) Adopt rules consistent with its statutory authority.

(C) The public may obtain information and make submissions or requests at the Board's office. The Board's office is located at the Department of Public Safety, Division of Fire Safety, 1311 US Route 302, Barre, VT 05641-2351.

Section 5. The Commissioner of Public Safety.

The Commissioner of Public Safety or a designated representative may:

(A) Enter any public building or premises in which an installation subject to these rules is being or has been installed, replaced or altered for the purpose of performing inspections necessary to carry out inspection responsibilities under these rules.

(B) In accordance with 20 V.S.A. Section 2733, order a building or premise s or any part of it closed until any unsafe condition or violation of these rules is corrected. Where appropriate, the Commissioner may order the demolition, removal, or disconnection of any plumbing systems or equipment deemed to constitute a hazard to persons or property.

(C) Cause a written notice to be delivered to the owner of any property directing them to correct any condition where, in the opinion of the Commissioner or a plumbing inspector, that condition constitutes a violation of these rules.

(D) Order the owner to stop work on the building or premises if the work on the plumbing systems in them are proceeding in contravention of these rules or are considered unsafe.

(E) Direct tests of materials, devices, or assemblies made, or sufficient evidence or proof be submitted, at the expense of the owner, where the evidence or proof is necessary to determine whether the material, device or installation method meets the requirements of these rules.

(F) Revoke, amend, or refuse to issue a plumbing work notice where, in the opinion of the Commissioner or a plumbing inspector, the results of tests referred to in Subsection (e) of this section are not satisfactory.

(G) Order the removal of any plumbing systems or equipment installed in violation of these rules.

(H) Prioritize inspections of plumbing systems based on the relative risks to persons or property arising from potential plumbing code violations.

(I) Pursuant to 26 V.S.A. 2175(d), assess an administrative penalty for each violation of this code.

(J) Order any company supplying fuel service to the premises to disconnect the fuel supply until the cited violation has been removed or corrected.

Section 6. Duties of the Owner.

The owner of the building or structure, or a designated representative shall:

(A) Not install or maintain, or cause to be installed or maintained, any plumbing system or equipment which is unsafe or is likely to be unsafe to persons or property.

(B) Observe these rules in all public buildings, or private residences on public water or sewer, which are under their control.

(C) Allow the Commissioner or a plumbing inspector to enter any public building, or private residence on public water or sewer, at any reasonable time for the purposes of administering or enforcing these rules.

(D) File a work notice and obtain a validated work notice required under Section 14 of these rules before any plumbing work begins in a single family home connected to a public water or sewage system.

(E) Engage the services of a properly licensed plumber to file a work notice and obtain a validated work notice as required under Section 14 of these rules before any plumbing work begins in a public building.

Section 7. Duties of a License Holder.

(A) Any person who has obtained a plumbing license under these rules shall:

(1) Observe these rules regarding the installation of all plumbing work and the supervision of unlicensed employees.

(2) Not begin plumbing work until a work notice for the work has been validated by the department.

(3) Notify the department of a change of address.

(4) Provide all information requested by the department

(B) Any licensed plumber who has filed a work notice shall:

(1) Keep records which outline who has accomplished the work covered under a work notice

(2) Provide at least 5 working days' notice to the plumbing inspector for any required inspection.

(3) Provide access for the plumbing inspector to all plumbing work and records subject to inspection.

Section 8. License Examinations.

To become licensed to do plumbing work in the State of Vermont an applicant must meet the requirements established in the following sections:

(A) Master Plumbers

Any person who completes an application for a master plumber's license, presents documentation of having held a valid journeyman plumber's license under this chapter for a least 12 months, or documents equivalent training and experience in or outside of this state acceptable to the board, and pays an examination fee in an amount determined by the board based on the costs associated with administering the examination, shall be entitled to an examination.

Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a master plumber's license in the form of a wallet-sized card. The license shall be carried by the master plumber at all times while performing the licensee's trade and shall be displayed upon request. Upon request of a license holder, a license certificate, suitable for framing, shall be available for a fee.

(B) Journeyman Plumbers

Any person who completes an application for a journeyman plumber's license and documents apprenticeship in plumbing which includes both instruction and practice in work processes as verified by the Vermont apprenticeship council, or equivalent training and experience in or out of this state acceptable to the board, and pays an examination fee to be determined by the board based on the costs associated with administering the examination, shall be entitled to examination. Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a journeyman plumber's license in the form of a walletsized card. The license shall be carried by the journeyman at all times while performing the licensee's trade and shall be displayed upon request. Upon request of a license holder, a license certificate, suitable for framing, shall be available for a fee.

(C) Limited Licensure; Specialists

Any person who completes an application for a specialist's license and documents apprenticeship in plumbing which includes both instruction and practice in work processes as verified by the Vermont Apprenticeship Council, or successful completion of instruction, training and experience in or out of the state acceptable to the board and pays an examination fee to be determined by the board based on the costs associated with administering the examination, shall be entitled to an examination.

Upon successful completion of the examination and payment of a license fee, the applicant shall receive a specialist license in the form of a wallet-sized card. The license shall be carried by the licensee at all times while performing the licensee's specialty and shall be displayed upon request. Upon request by the license holder, a specialist license suitable for framing shall be available for a fee. A specialist license shall indicate each specialty for which the licensee has been approved. A specialist license does not take the place of any other license required by law.

Specialty fields for limited licenses include the following:

(1) Water Heater Specialist: Installation, replacement and repair of any residential, industrial or commercial domestic hot water supply tanks.

(2) Heating System Specialist: Installation, replacement and repair of residential, industrial, or commercial hydronic space heating systems, including radiant, solar and other types of hydronic system design. Any work on steam systems shall be limited to steam systems with operating pressure not to exceed 15 PSI.

(3) Water Treatment Specialist: Installation, replacement and repair of residential, industrial or commercial potable water treatment and filtration equipment.

A person duly licensed as a specialist under this section may perform specialty limited use work, either as an employee or as an independent contractor only in connection with the specialty field designated on the person's license. A specialist may perform a supply connection to an existing water supply for test and related system operation, but at no time shall any specialist perform any plumbing or heating work that is not specified or permitted under the specialist's license.

The intent of these rules as they apply to the installation of fixtures and plumbing related to specialist licenses is to ensure the safety of the potable water supply. It is not the intent of these rules to regulate the operation, efficiency or consumer satisfaction of water heaters, hydronic heating systems, or water treatment equipment. The Vermont Fire and Building Safety Code and the Vermont Electrical Safety Rules regulate the safe operation of water heaters, hydronic heating systems, water treatment equipment and the related fuel or power source.

(D) Process for Examinations

(1) Each applicant for a license shall present to the executive office of the board on blanks furnished by the board, a written application for examination and license containing such information as the board may require, accompanied by the fee required. Examinations shall be in whole or in part in writing and shall include the theoretical and practical nature of plumbing or specialties, or both, and knowledge of state laws and department of health and environmental conservation regulations and such other regulations as the board may determine necessary to satisfactorily determine the qualifications of the applicant. Examinations shall be relevant to the instructional material taught in classes, the codes used and new developments and procedures within the trade.

(2) In order to carry out its responsibilities under this section the board may contract with a national testing organization to develop and administer a written plumbing exam. Any test fees charged by the testing organization are separate from the examination fee charged by the board and shall be paid directly to the testing organization.

(3) Any individual who fails to achieve a passing grade on a plumbing licensing examination, after having taken the examination three times, shall appear before the board for the purpose of the board recommending further education, training and/or tutoring, prior to the applicant taking the test a fourth time.

(4) See License procedure in Appendix F. License testing is facilitated by a third party vendor.

(E) Examination not Required

Appropriate licenses without examination may be issued to the following applicants upon payment of the required fee:

(A) Reciprocal licenses - To a person to whom a master plumber's license, a journeyman plumber's license, or a specialist plumber's license has been previously issued by another state or municipality therein, provided that state or municipality therein maintains a standard of requirements equivalent to those of this state and who presents satisfactory proof to the board that he or she is a bona fide master, journeyman, or specialist plumber. An applicant under this subsection shall be exempt from examination only if he or she holds a license from a foreign state or municipality and if under the laws or regulations of the foreign state or municipality issuing the license a like exemption is granted to plumbers duly licensed under the laws of this state.

(B) Service Members and Veteran's - Except as otherwise provided by law, a journeyman's license shall be issued without examination and upon payment of requested fee to an applicant who is a service member or veteran who:

(1) submits a complete application and any documentation required by the Board;

(2) has received designation by the U.S. Armed Forces as a 12K Plumber or equivalent; and

(3) has completed a minimum of 8000 hours and four years of active duty field work as a 12K plumber or equivalent

(C) Universal Licensing:

(a)

(1) Appropriate licenses without examination may be issued to a person to whom a master plumber's license or a journeyman plumber's license or a specialty license or equivalent has been previously issued by another state or municipality upon the payment of the required fee if:

(A) that state or municipality maintained a standard of requirements equivalent to those of this State; and

(B) the applicant presents satisfactory proof to the Board that he or she is a bona fide licensee.

(C) the applicant completes a VT Energy Goals Education Module & includes the certificate with the application. The website to access the module is: VT Energy Goals Custom Portal (powerappsportals.us)

Section 9. Renewal of License.

(A) A license shall be valid for two years. A notice of renewal and application for renewal of license shall be provided to each licensee prior to the expiration of the license. The application for renewal of license and the appropriate fee must be received by the department prior to the date the license expires. It is the responsibility of the licensee to contact the licensing office for a renewal application in advance of expiration date if no renewal form is received prior to expiration date.

(B) If a license has lapsed it may be renewed within 90 days of its expiration date along with a $ 15.00 reinstatement fee in addition to the renewal fee.

(C) If a license is not renewed within 90 days of expiration date the inactive licensee shall make application for reinstatement and shall appear before the board to request reinstatement.

(D) Applicants for license renewal shall provide to the Board evidence of completion of 8 hours of continuing education or training, approved by the Board, within the previous 24-month period, at least 2 hours of which must include code review. A course or training program is valid for only one license renewal. A copy of the certificate is acceptable evidence of meeting the requirements for continuing education.

(E) Approval of continuing education or training;

a) Sponsors of training courses shall submit for approval the following information: Sponsoring organization or individuals; Course content; Number of hours of eligible training;

b) Instructors should be certified as a master plumber, engineer, plumbing inspector, vocational teacher with related experience, or otherwise acceptable by the Board;

c) Date and place of instruction;

d) Instructional materials to be used by attendees.

(2) Subject matter shall deal with the adopted current plumbing codes, license renewal protocol or related information. This may include general or specific review of the code, code changes from preceding versions, common violations of the code, or other related areas that relate to the specialty plumbing installation.

(3) Tests at training programs are optional.

(4) Upon completion of a course, certificates shall be issued to attendees and shall include:

a) Sponsor's name

b) Course title

c) Date, place

d) Hours completed

e) Instructor's Signature

f) Attendees' full name, license number.

(F) Representatives of the Licensing Board and the Department of Public Safety reserve the right to monitor all courses.

Section 10. Plumbing License Fees.

Plumbing license and 2 year renewal fees* shall be as established under 26 V.S.A. Section 2193(c) as follows:

(1) Master plumber license...$ 120

(2) Journeyman plumber license...$ 90

(3) Specialist license - per specialty field...$ 50

(4) Master renewal fee...$ 120

(5) Journeyman renewal fee...$ 90

(6) Specialist renewal fee - per specialty field...$ 50

(7) License certificate...$ 10

• Subject to fee change by Legislative Process

Section 11. License Not Required.

(A) All plumbing and specialty work performed in Vermont shall be performed by persons licensed under this chapter except that a license shall not be required for the following types of work:

(1) Any plumbing and specialty work performed by an owner or the owner's regular employees in the owner-occupied freestanding single family dwelling or in outbuildings accessory to the owner- occupied, single family dwelling.

(2) Installations of plumbing systems in laboratories for experimental purposes only.

(3) A person who regularly employs a maintenance person whose duties include the maintenance of plumbing on the property of that person.

(4) Plumbing or specialty installations performed as part of a training project of a vocational school or other educational institution. However, the installation shall be inspected if the building is to be sold as a private dwelling or public building.

(5) A person who performs miscellaneous jobs of manual labor on the person's own property in the course of which plumbing repairs or alterations are made.

(6) For the construction, repair or maintenance of buildings used exclusively for agricultural purposes and animal housing located on owner-occupied farms.

(7) Work performed by employees of any public or private water company, who in the main course of their employment install, maintain or repair water supply pipes, meters or control valves.

Section 12. Complaints.

A person may file a complaint with the board by doing so in writing, setting forth a full statement of the facts concerning the alleged infraction of the plumber's licensing statute or rules. In the event a complaint is filed with the Board, the Board's investigation shall not be limited to the matter set forth in the request for investigation but may extend to any act coming to the attention of the board which appears to violate the statute or these rules.

Section 13. Disciplinary Proceedings.

(A) In accordance with 26 V.S.A. Section 2181, the board may revoke or suspend a license,-or refuse to renew a license. This shall not preclude the board from taking lesser steps, including, but not limited to formal reprimand, or required further education and training. The board may act for any of the following reasons:

(1) Fraud or deceit in obtaining a license.

(2) Gross negligence, incompetency, misrepresentation or misconduct by a licensee.

(3) Violation by a licensee of the rules of the Department of Health, the Department of Public Safety or board.

(4) Failure to comply with a written notice issued under sections 2173, 2174 or 2175 of this title.

(B) The board may take these actions only after notice and provision to the licensee of an opportunity to appear before the board for a hearing, in accordance with 3 V.S.A. Chapter 25, the Vermont Administrative Procedure Act, and these rules issued thereunder.

(C) The board and department will proceed with initiating a complaint against a licensee, investigation of the complaint, action and hearings as described in Appendix C.

Section 14. Work Notices.

(A) A work notice shall be filed with the department for all plumbing work covered by these rules and be validated by the department, prior to the start of such work, in order to facilitate the inspection process authorized by 26 V.S.A. 2199. The term "Permit" as used in the 2018 International Plumbing Code (IPC) shall have the same meaning as "Work Notice validated by the department".

(B) The department may refuse to validate a work notice if the license holder has other ongoing plumbing work for which a work notice has not been filed, if the department is owed fees or penalties, or if requested- by the Plumbers' Examining Board pursuant to 26 V.S.A. 2181(c).

(C) A work notice is not required for plumbing work described as follows:

(1) Delete and replace Replacement of a plumbing fixture/appliance by a similar fixture/appliance utilizing existing water supply, waste lines, source of fuel and venting termination if the fixture/appliance being replaced meets currently adopted codes and is not being moved to a new location

(2) Maintenance or repair within an existing plumbing fixture;

(3) Replacement of water supply and waste lines without relocation or installation of new plumbing fixtures.

(D) The department may accept an annual plumbing work notice where plumbing installation work is ongoing in an existing building. A plumbing work notice filed under this section shall include the name and location of the building, the licensed plumber responsible for the work and the payment of the minimum fee. The acceptance of an annual plumbing work notice does not modify the requirements for licensure or supervision as established under these rules.

(E) A validated work notice shall expire if the plumber of record ceases work authorized under the work notice is not commenced, or is suspended or abandoned, for a time period of 180 days.

Section 15. Schedule of Work Notice and Inspection Fees.

(A) Fees established by the legislature under 26 V.S.A. Section 2175(a) shall be paid to the Commissioner or a designated representative prior to the validation of a work notice.

(1) For all plumbing work, identified as a priority for inspection and review under Section 18 of these rules, the fee shall be:

(a) $ 10 for each plumbing fixture/appliance/device described as a washing machine, dishwasher, grease, oil, or sand interceptor, sewage ejector pump, water closet, urinal, bidet, disposal, drinking fountain, water cooler, lavatory, bathtub, shower, sink, hose bibb, floor drain, backflow prevention device, pressure reducing valve or similar device. The total shall not be less than $ 50.

(b) $ 15 for each plumbing fixture described as a water heater, hydronic heating unit (boiler or unit heater), domestic hot water coil solar panel, water treatment, thermal expansion or pressure tank, temperature-actuated mixing valve or water treatment device.

(2) For all plumbing work, not identified as a priority for inspection and review under Section 18 of these rules, the fee shall be $ 50.

(B) At the discretion of the Commissioner, whenever an owner or licensed plumber requests for the owner's or licensed plumber's benefit that an inspection be made outside of the normal working hours, all fees payable by the owner under this section shall be paid in an amount twice that indicated under this section.

Section 16. Inspection of Plumbing Installations.

The process for inspection and review of plumbing work, identified as a priority for inspection and review under Section 18 of these rules, shall be as follows:

(A) PLANS

Plumbing plans are not required for the plumbing work covered under these rules unless, in the opinion of the Commissioner or a designated representative, the job is of sufficient size or complexity to warrant such plans.

(B) ROUGH INSPECTIONS

A plumbing system installed under these rules shall not be covered unless it is first inspected by a plumbing inspector. The provisions of this section may be specifically waived by a designated representative.

(C) FINAL INSPECTIONS

(1) Upon completion of a new plumbing installation, the applicant shall request a final inspection by a plumbing inspector. Within 5 working days of the receipt of the inspection request, the Commissioner, or designated representative, shall conduct an inspection, establish a reasonable date for inspection, or issue a waiver of inspection.

(2) The plumbing inspector may waive the presence of the licensee who filed the work notice for rough and final inspections.

Section 17. Connecting Installations.

New plumbing installations shall not commence unless a work notice has been validated by the department.

Section 18. Priorities for Inspection, Review and Investigation.

Priorities for inspection, review and investigation are established, consistent with 26 V.S.A. 2173 (b), based on the type and size of the building, the complexity of the plumbing work and consideration of health risks to persons or property resulting from potential plumbing code violations, as follows:

(A) Priority inspection and review work based on use:

(1) Plumbing work involving commercial food preparation and food process areas.

(2) Plumbing work involving special hazards in commercial operations such as a car wash, laundry, dry cleaning, funeral home, laboratory, or industrial hazardous waste discharge.

(3) Plumbing work done in facilities where the occupants may be most vulnerable to risk such as a hospital, nursing home, health center, doctor or dentist's office, beauty parlor, day care or elementary or secondary school.

(4) Plumbing work involving public swimming pools, public spas and hot tubs.

(5) Plumbing work done in buildings containing multiple dwelling units, including hotels, motels and inns.

(6) Plumbing work done in buildings having an occupant load of 300 or more persons or where multi-user style bathrooms are installed.

(B) Priority for investigations in descending order of priority:

(1) Complaints alleging serious plumbing violations.

(2) Plumbing work being done by non-licensed persons.

(3) Plumbing work being done where no work notice has been filed with the Department.

(4) Complaints alleging non-serious plumbing violations.

(C) Plumbing work not listed as a priority in subsection (A) or (B) above is required to be installed and completed in accordance with these rules and is subject to random inspection and enforcement actions by the State Plumbing Inspector.

(D) All plumbing work in a building shall be classified as priority plumbing work where both priority and non-priority plumbing work occur on the same water and/or waste water systems.

Section 19. Approval, Alternatives, and Variances.

The approval of materials, equipment and devices and alternatives and variances to this code, shall be in accordance with Section 105 of the 2018 International Plumbing Code.

Section 20. Request for Reconsideration.

A person aggrieved by an interpretation of these rules, or the result of any inspection or an order to correct code violations may request that the Commissioner or designated representative reconsider such refusal or order. A request for reconsideration shall be made within 15 days after receipt of written notice of such refusal or order. The Commissioner or designated representative shall review the refusal or order within 30 days of the date the request for reconsideration is received. The Commissioner or designated shall issue an order amending, modifying or affirming the prior refusal or order as circumstances require within 30 days of the date of the review. A person aggrieved by the decision under this section may appeal to the superior court.

Section 21. Adoption of a Nationally Recognized Code.

THE 2021 INTERNATIONAL PLUMBING CODE

(A) Under 26 V.S.A. Section 2173, the board adopts the provisions of the 2021 International Plumbing Code (hereinafter referred to as 2021 IPC). All plumbing installations shall comply with the 2021 IPC, as amended in this section to meet the individual needs of Vermont. The deletion of certain articles and sections of the 2021 IPC has been necessary to ensure consistency with existing regulatory authority. The failure to incorporate these codes in their entirety should not be construed to minimize the value of these Codes as effective standards with current technology.

All references to the International Building Code, International Residential Code (IRC), the International Fuel Gas Code or the International Mechanical Code in the 2021 IPC are deleted and replaced with the current Vermont Fire and Building Safety Code, including NFPA 31, 54, 58 and 211 http://firesafety.vermont.gov

Food and lodging Service Establishments shall conform to Vermont Health Department regulations (800-439- 8550) http://healthvermont.gov.

Public and private water systems, and underground injection control shall conform to the regulations of the Agency of Natural Resources (ANR) Drinking Water and Ground Water Protection Division (802- 828-1535) http:drinkingwater.vt.gov/.

Stormwater management shall conform to the regulations of ANR's stormwater program. (802-828- 1535) https://dec.vermont.gov/watershed

(B) Add, amend, delete and replace as follows:

-delete and replace - Section 101.1 Title: These rules shall be known as the 2021 Vermont Plumbing Rules (hereinafter referred to as "this code").

-delete and replace- Section 101.2: Scope: The design and installation of plumbing systems including sanitary and storm drainage, sanitary facilities and water supplies, storm water and sewage disposal, located within the building and the connecting pipes within 10 feet of the building, shall comply with the requirements of this code. The design and installation of gas piping and the design and installation of fire sprinkler and standpipe systems shall be in accordance with the Vermont Fire and Building Safety Code.

-delete - Section 101.3

-delete and replace- Section 102.2 Existing Installations: Existing public buildings, and all other existing buildings or facilities must comply with these rules whenever the plumbing in those buildings or premises is changed, replaced, or altered as required by section 102.4.

-delete- Section 103 Code Compliance Agency

-delete and replace- Section 104: Duties and Powers of the Code Official: The Commissioner of the department of Public Safety or designee shall be designated as the code official for the purpose of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code.

-delete- Section 106 Permits: Except for 106.5.7 Posting of Permit: The permit (work notice) or a copy shall be kept on the site of the work until the completion of the project. [Note: See sections 14 and 15 of these rules in regards to work notices]

-delete and replace- Section 108.2 Required Inspections and Testing: The holder of the permit shall be responsible for notifying the code official to schedule inspections required by these rules and other inspections and testing as required by sections 108.2.1 through and including 108.4.3

-delete- Section 109 Fees

-delete- Section 115 Violations

-delete- Section 114 Means of Appeal: [Note: See section 20 in regard to reconsideration]

-delete - APPENDIX F: BOARD OF APPEALS: [Note: See section 20 in regard to reconsideration]

-amend - Section 202 General Definitions

"BOILER" includes all steam, hydronic boilers, and water source heat pump units.

"HYDRONIC UNIT HEATER" includes: all hydronic kick space heaters, hydronic fan assisted cabinet heaters, and hydronic fan/coil air handlers

LEAD-FREE PIPE AND FITTING. See Chapter 605.2.1 Pipe and fittings used for human consumption (water for drinking or cooking) shall meet the most recent NSF/ANSI low lead standard (<0.25% weighted average lead content-wetted surface). For additional information contact the office of the Attorney General at (802-828- 3171) or

AGO. lead@state.vt.us.

See also http://ago.vermont.gov/assets/files/LeadinPlumbing.pdf

MAINTENANCE. To keep existing plumbing fixtures and associated piping in good working order. Does not include relocation of fixtures or piping.

PLUMBING. The art of installing pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water carried wastes and drainage venting systems within or on any building or structure.

-delete- Section 301.3 exception (refer to Agency Natural Resources (ANR) regulations).

-delete and replace- Section 302.2 Industrial Wastes: Waste products from manufacturing or industrial operation introduced into the public sewer system are regulated by the Vermont Agency of Natural Resources.

-delete- Section 305.4.1 Sewer depth (refer to Agency Natural Resources (ANR) regulations)

-delete and replace- Section 311 Toilet Facilities for Workers: Toilet Facilities for Workers are regulated by the Vermont Department of Labor (VOSHA).

-delete and replace- Section 313.1 Equipment Efficiencies: Equipment efficiencies are regulated under the Commercial Building Energy Standards, as adopted by the Vermont Department of Public Service.

-add- Section 314.2.1.2 All condensate disposal shall conform to ANR regulations (802-828-1535).

-amend- Table 403.1 The minimum water closet and lavatory requirement for restaurants, banquet halls and food courts shall be in accordance with the Health Regulations for Food Service Establishments adopted by the Department of Health.

For access to Health Regulations for Food Establishments refer to; http://www.healthvermont.gov/about-us/laws-regulations/rules-and-regulations

-add- Section 403.1.1.1 Gender Free Restrooms and Required Fixture Counts: When a new gender free restroom is provided in an occupancy that has the total number of required plumbing fixtures set forth in the plumbing code and is fixed separately for both men and women, the fixtures in the new gender free restroom shall be deducted from the total required fixture count of either the men's or women's restrooms.

-add - Section 403.4.2 Single-user restroom signage: Single-user toilet facility/room shall be provided with a sign "RESTROOM". Signage for Accessible toilet facility/room shall comply with the Vermont Access Rules.

-delete and replace- Section 404 Accessible plumbing facilities: Accessible plumbing facilities and fixtures shall be provided in accordance with the Vermont Access Rules.

-amend- Section 412.1 Faucets and other fittings shall meet the most recent NSF/ANSI low lead standard (<0.25% weighted average lead content - wetted surface).

-delete - 412.10 Head Shampoo sink faucet. 2. A water heater conforming to ASSE 1082.

-add- Section 424.3 Waterless urinals: the installation of waterless urinals are permitted, subject to the prior approval of the Plumbers' Examining Board guidelines.

-add- Section 501.1.1 TEMPERATURE CONTROL FOR HOT WATER DISTRIBUTION SYSTEMS ONLY, additional downstream safety devices may be required.

Water heaters, tank style and tankless, shall be equipped with an ASSE 1017 Temperature actuated mixing valve in accordance with 602.2.

-amend- Section 501.2 Water heater as space heater. Where a combination potable water and space heating system requires water for space heating at temperatures higher than 120°F (49°C), a temperature actuated mixing valve complying with ASSE 1017 shall be provided to limit the water supplied to the potable hot water distribution system to a temperature of 120°F (49°C) or less. The potability of the water shall be maintained throughout the system.

-delete and replace- Section 501.6 Water temperature control in piping from tankless heaters: The temperature of water from tankless water heaters shall be a maximum 120°F (49°C) after the temperature actuated mixing valve when intended for domestic uses. This provision shall not supersede the requirement for protective shower valves in accordance with Section 412.3.

-add- Section 503.3 Water Heater Connections: All connections to the water heater including the ASSE 1017 temperature actuated mixing valve and the full port cold water shut off valve shall be rigidly supported using code compliant metallic piping. Metallic piping must extend a minimum of three feet or greater from both the hot and cold-water connection points.

-amend- Section 504.4 Relief Valve: Thermal expansion shall be controlled in accordance with Section 607.3

-delete and replace- Section 504.6.13 Material for Discharge Piping: Piping shall be constructed of metallic materials listed in section 605.4 or ASME 112.4.1.

-add- 504.6 (15) Outlet of all relief valve piping shall be cut on a 45-degree angle.

• delete and replace- 602.2 Potable water required: Only potable water shall be supplied to plumbing fixtures that provide water for drinking, bathing or culinary purposes, or for the processing of food, medical or pharmaceutical products. Unless otherwise required by law, potable water shall be supplied to all plumbing fixtures at a maximum temperature of 120°F (49°C).

-add- 602.3 Individual water supply systems are also regulated by Vermont Agency of Natural Resources. [Refer to page 15 for ANR info.]

-add in part- Section 602.3.4 Disinfection of system; After construction or major repair, the individual water supply system shall be purged of deleterious matter and disinfected in accordance with Section 610.

-amend- Section 603.2 Separation of water service and building sewer: Water service pipe and the building sewer shall be separated by 10 feet (3048 mm) of undisturbed or compacted earth.

-amend- Section 603.2 delete "not less than 12 inches (305 mm)" and replace with "not less than 18 inches (458 mm)".

-amend- Section 603.2 delete "at least 5 feet (1524 mm)" and replace with "at least 10 feet (3048 mm) from the sewer pipe centerline."

-amend- Table 604.3

Shower 2.0 at 8 psi

Shower, balanced pressure, thermostatic, or 2.0 at 20 psi Combination balanced pressure/thermostatic

Mixing valve

-add- Section 604.4 Exception 6. In new construction, low flow water closets with a flow rate of 1.28 gallons per flush as outlined in the Vermont Residential Energy Code may be used in lieu of the maximum flow rate of 1.6 gallons per flush as outlined in Table 604.4 of the International Plumbing Code.

-amend- Table 604.4

Lavatory, private 1.5 gpm at 60 psi Shower head 2.0 gpm at 80 psi Sink Faucet 1.8 gpm at 60 psi

-amend- Section 604.7 Inadequate water pressure: Water pressure booster systems are also regulated under the Vermont Water Supply Rules; chapter 21, as adopted by the Vermont agency of natural resources. [Refer to page 15 for ANR info.]

-amend- Table 605.3 Delete copper or copper-alloy tubing of types M and WM as approved material.

-amend- Table 605.4 Copper and copper-alloy tubing of types M and WM are restricted to above-grade use only.

-amend- Section 606.5 Water pressure booster systems: Water pressure booster systems are also regulated under the Vermont Public Water Supply Rules, as adopted by the Vermont Agency of Natural Resources. [Refer to page 15 for ANR info.]

-add - Section 607.5 Pipe Insulation; Install in accordance with VT Energy Standards. For additional information contact the

Vermont Energy Code Hotline at 855-877-0673 or https://publicservice.vermont.gov/content/building-energy-standards

-amend- Section 608.1 Plumbing under the scope of these rules shall also conform to the Vermont Water Supply Rules, as adopted by the Vermont Agency of Natural Resources, in regard to the prevention of cross-connections. [Refer to page 15 for ANR info.]

-add - 608.1.1 Installation of Backflow Assemblies shall be in accordance with ASSE Backflow Prevention Reference Manual or AWWA Backflow Prevention and Cross-connection Control: Recommended Practices M14.

-add- Section 608.9.1 - equivalent wording and signage acceptable to code official

-delete and replace- Section 608.18 Protection of individual water supplies: Individual water supplies are regulated by the Vermont Agency of Natural Resources.

-add- Section 610.1; or repaired

-delete and replace- Section 610.1(4) Repetition of Disinfection: The procedure shall be repeated where shown by a bacteriological examination that contamination remains present in the system. Consecutive bacteriological samples must be taken 24 hours apart before the water system is put back into service.

-amend - Section 612.1 Solar Systems: in accordance with the Vermont Plumbing Rules

-amend - Section 613.1 Temperature-actuated mixing valves. Temperature-actuated mixing valves are required to be installed to reduce water temperatures to defined limits. These valves shall comply with ASSE 1017 and are required to be installed at the hot water source.

-delete and replace- Section 701.2 Sewer required: Every building in which plumbing fixtures are installed shall be connected to a public or private sewerage system. Public and private sewerage systems are regulated by the Vermont Agency of Natural Resources.

-delete and replace- Section 701.4 Sewage Treatment: Sewage treatment is regulated by the Vermont Agency of Natural Resources.

-add- Section 701.8 Drainage piping in food service areas: Waste piping above any working, storage or eating surfaces in food service establishments shall be suitably protected to prevent contamination from leakage.

-delete- Section 702.2 Table - Polyethylene (PE) Plastic Pipe

-delete- Section 702.4 Table - Polyethylene (PE) Plastic Pipe

-delete- Section 702.7 Lead bends and traps.

-amend- Section 703.1 Building sewer pipe. Delete "installed within 5 feet (1524 mm) of the water service" & replace with "installed within 10 feet (3048 mm) of the water service."

-add - Section 704.5 Dead Ends: Drainage piping shall not be installed or altered that creates a dead-end section of piping. Cleanout extensions and piping for future fixtures shall not be considered as a dead-end.

-delete-Exception in Section 705.10.2

-delete and replace - Section 705.16.4 Plastic pipe or tubing to other piping material: Joints between different types of plastic pipe and/or other piping material shall be made with an approved adapter fitting. Joints between plastic pipe and cast-iron hub pipe shall be made by caulked joint or a mechanical compression joint.

-delete- 708.1.5 Cleanout Size - Exception (2)

-add- 803.3 Special Wastes System Design: Add "and shall conform to ANR regulations".

-delete and replace - Section 903.1.1: Roof Extension "All open vent pipes that extend through a roof shall be terminated at least 6" but not more than 12" above the roof."

-add- 903.1.1.1 Vent penetration through roof shall be protected against shear force.

-delete in part- 903.2 - not less than 1 foot (305mm)

-delete and replace- Section 904.3 Vent Termination: Vent stacks or stack vents shall terminate outside the building to the open air.

-add- Section 906.1 (.1) Size of stack vents and vent stacks: Every building shall have at least one 3-inch continuous stack vent or 3-inch continuous vent stack that extends to outside the building.

-add- Section 906.6 Horizontal branch vents: Horizontal branch vents within unheated areas shall be protected against freezing.

-add- Section 917.1.1 Single Stack Vent System: Single stack vent systems may not be used in single family homes. Single stack vent systems in all other occupancies may only to be used for engineered systems when approved by the plumbing inspector.

-delete and replace- Section 918.1 General. Air Admittance Valves: Vent systems utilizing air admittance valves for individual and branch-type air admittance valves shall conform to ASSE 1051. Stack-type air admittance valves are not permitted.

-amend- Section 918.3 Delete last sentence: Stack vents and vent stacks shall be permitted to terminate to stack-type air admittance valves in accordance with Section 918.3.2.

-delete- Section 918.3.2 Stacks.

-delete and replace- Section 918.7 Vent required: Within each plumbing system, a minimum of one continuous 3-inch stack vent or one continuous 3 inch vent stack shall extend outdoors to the open air.

-delete and replace - Section 1002.6 -Building Traps. Building house traps shall be prohibited, except where local conditions necessitate such traps. Building traps shall be provided with a clean-out and a relief vent of fresh air intake on the inlet side of the trap. The size of the relief vent or fresh air

intake shall not be less than one-half the diameter of the drain to which the relief vent or air intake connects. Such relief vent of fresh air intake shall be carried above grade and shall be terminated in a screened outlet located outside the building.

• add- Section 1003.1 Interceptors and Separators: External interceptors and separators located more than 10 feet from the building are regulated by the Agency of Natural Resources.

-delete - Section 1003.3.7 Gravity Grease Interceptors and gravity grease interceptors with fat oils and grease disposal systems. Refer to ANR Rules.

-delete and replace- Section 1101.2 Disposal. Storm drainage for a building roof or courtyard shall be regulated by this section. Storm drainage from paved areas, yards and courts are regulated by Agency of Natural Resources Watershed Management Division, stormwater program (802-828-1535).

-add in part- Section 1109.1 General: Where the public sewer is a combined system for both sanitary and storm water, the storm sewer shall be connected independently to the public sewer in accordance with Agency of Natural Resources Rules.

-delete and replace - Chapter 12 Special Piping and Storage Systems:

Section 1202.1 Nonflammable medical gasses - refer to NFPA 99 AND ASSE 6000 (Health Care Facilities)

Section 1203.1 Design and Installation: Nonmedical oxygen systems refer to NFPA 51 & NFPA 55

-add- Section 1301.1.1 Non-potable Water Systems: Contact Agency of Natural Resources Drinking Water and Groundwater Protection Division for prior approval.

-Delete - Chapter 14: Subsurface Graywater Soil Absorption Systems:

Section 22. Severability Clause.

In the event any part or provision of these rules is held to be illegal, this shall not have the effect of making void or illegal any of the other parts or provisions of these rules.

Section 23. Effective Date.

These rules shall take effect [put in date here] Appendix (A). The Vermont Plumbing Law 26 V.S.A. Chapter 39.

For full text please refer to; https://legislature.vermont.gov/statutes/chapter/26/039

§ 2171. Purpose

§ 2172. Definitions

§ 2173. Rules adopted by the board

§ 2174. Municipal rules and regulations; municipal inspections

§ 2175. Work notice; fees; enforcement; appeals; penalties

§ 2176. Existing buildings

§ 2181. Plumber's examining board; membership; powers

§ 2182. Terms of office

§ 2183. Fees; books and records

§ 2184. Per diem pay and expenses

§ 2191. Master plumbers

§ 2192. Journeyman plumbers

§ 2192 a. Limited licensure; specialists

§ 2193. Applications and examinations; fees

§ 2194. Examinations not required; temporary licenses

§ 2195. Expiration and renewal; renewal; reinstatement; continuing education

§ 2197. Penalty

§ 2198. Exceptions; license not required

§ 2199. Inspections

Appendix (B). Definition of Public Building - 20 V.S.A 2900(8).

-add- For full text refer to; https://legislature.vermont.gov/statutes/section/20/174/02900

Appendix (C). Procedure for Licensing Disciplinary Procedure.

(A) INITIATING A COMPLAINT AGAINST A LICENSEE

(1) Form of complaint: Filing. A person may register a complaint against a plumber licensed by the Plumbers' Examining Board. by filing a written complaint with the Department of Public Safety, Division of Fire Safety, 1311 US Route 302, Barre, VT, 05641. The written complaint must set forth, at a minimum, the nature, date and place of the alleged violations. The board may also initiate a license review procedure on its own motion by filing a complaint with the department.

(2) Verification. Upon receipt of a complaint, the department will verify the Vermont license number of the person against whom the complaint is lodged. If the person is unlicensed and the complaint alleges criminal conduct, the department will refer the complaint to the Office of the Attorney General. If the person is a licensee of the board, the department will docket the complaint and open an investigation file under the name and license number of the person.

(3) Investigating Panel. An investigating panel consisting of an investigator designed by the department and an assistant attorney general will be formed upon the docketing of a complaint. The assistant attorney general assigned to the case will head the panel and supervise the investigation of the complaint.

(B) INITIATING THE INVESTIGATION.

(1) Notice to the Attorney General and to the Investigator. Upon docketing the complaint, the department will send a copy of all materials contained in the newly opened file, including a copy of the complaint, to the attorney general, and notify the attorney general of the name, address and phone number of its designated investigator. The department will also send copies of the materials to the investigator, and inform the investigator of the name of the division chief in the attorney general's office responsible for the investigation.

(2) Notice to the Licensee. The department will send written notice of the initiation of an investigation to the licensee against whom the complaint has been filed. The notice shall include a copy of the complaint and a copy of the statute and these rules. The notice will inform the licensee that inquiries or materials regarding the investigation should be addressed to the investigating panel at the address of the department.

(3) Notice to the Board. The department will send written notice to the Board indicating that an investigation has been instituted regarding a licensing complaint.

(4) The inspector assigned to investigate the complaint shall inspect the work which is the subject of the complaint and interview the complainant. The inspector may also meet and interview the licensee at the direction of the assistant attorney general assigned to the matter.

(C) RECOMMENDED ACTION.

(1) At the conclusion of the investigation the assistant attorney general assigned to the matter shall make a recommendation as to whether formal proceedings should commence against the licensee.

(2) If formal disciplinary proceedings are recommended, the assistant attorney general shall submit a complaint describing the alleged violations, and the rules or statutes violated, with the recommendation.

(3) If the licensee is willing to admit to the charges the assistant attorney general may explore the possibility of a stipulated settlement. A stipulated settlement must be approved by the board.

(4) If no disciplinary action is recommended the case will be closed and the complainant and the license will be notified that no further action will be taken at this time. The matter may be reopened if new evidence is presented.

(D) FORMAL HEARING BY THE BOARD.

(1) Notice and Place of Hearing. Upon the filing of a notice of charges by the investigating panel, the board will commence the hearing process by serving the notice of charges and a notice of the hearing upon the licensee. Notice will be served personally or by certified mail, return receipt requested. Copies will be sent to the members of the investigating panel and the complainant. The hearing will be scheduled at least 20 days after service.

(2) Failure to Appear. If the licensee fails to appear after proper notice has been given, the board shall hold the hearing and make a decision on the charges.

(3) A quorum of the board shall be a majority of its members.

(4) Conduct of Hearing; Receipt of Evidence; Argument. The board may admit any evidence it deems of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. All persons shall testify under oath or affirmation. The licensee or his attorney may examine or cross examine witnesses, inspect documents, and explain or rebut any evidence presented to the board.

The assistant attorney general, investigator, and licensee may present oral and written argument in addition to evidence, which also shall be made part of the record.

Where a licensee is not represented by counsel the board shall advise the licensee and aid in the examining and cross examining of witnesses as effectively as possible compatible with the impartial discharge of its duties as a body of impartial review.

(5) Authority of the Chair. The chair shall administer oaths to witnesses, rule on questions of evidence and upon the service of subpoenas and other notices, and do whatever is necessary and proper to conduct the hearing in a judicious, fair and expeditious manner.

(6) Disqualification of a Board Member. A member of the board shall voluntarily disqualify himself or herself and withdraw from any hearing in which the member cannot act in a fair and impartial manner, or where the member has an interest in the proceedings. Any party to a hearing may request disqualification of a board member by filing an affidavit stating with particularity the grounds for disqualification. If the board member does not disqualify himself or herself in response to the motion, the chair of the board shall decide the issue of disqualification. A hearing shall be held if requested by the moving party or if deemed necessary by the chair. All materials pertinent to a matter of disqualification shall be made part of the record.

If a board member is disqualified, thereby negating the quorum, the chair shall appoint a hearing officer to decide the matter in the same manner as if the board were presiding.

(7) Judgment of the Board. The board will issue a decision within a reasonable time following the conclusion of the hearing. The decision must be in writing and be signed by the members of the board. The decision shall set forth findings of fact, conclusions of fact and law, and the judgment. If a decision of the board is not unanimous, the decision of the majority will control. The minority may file a dissenting opinion.

The Board promptly shall mail or deliver a copy of its decision to the licensee, the investigating panel and, if appropriate, to the complainant. An order attached to the judgment will go into effect after the end of the 30 day appeal period, if no appeal is filed.

(8) Appeal from a Decision of the Board. A licensee aggrieved by a judgment of the board may appeal that judgment to the Supreme Court. The board may grant, or the court may order, a stay of the board's order upon application of the licensee.

(9) Transcripts. A contested case hearing shall be recorded but not transcribed unless a transcript is requested by an interested person. Transcripts will be available for cost. The board will provide an estimate of transcription cost before filling an order for transcript.

Appendix (D). Asbestos.

The Vermont Department of Health regulates the removal of asbestos containing materials, as well as the training of persons who remove asbestos containing materials, in the Vermont Regulations for Asbestos Control. For additional information, contact the Vermont Department of Health, Division of Environmental Health (800-439-8550).

Appendix (E). Design of Grease Interceptor -- Reference 2018 Ipc Section 1003.

EXAMPLE

STEP 1- Determine the cubic content of the fixture by multiplying length X width X depth.

Example: A sink 48" long by 24" wide by 12" deep Cubic content 48 X 24 X12 = 13,824 cubic in.

STEP 2 - Determine the capacity in gallons, 1 gal= 231 cubic inches.

Example: Contents in gals 13,824 = 59.8 gals.

STEP 3 - Determine actual drainage load. The fixture is usually filled to about 75% of capacity with waste water, the items being washed displace about 25% of the fixture content. Actual drainage load = 75% of fixture capacity.

Example: Actual Drainage Load.75 X 59.8 gals= 44.9 gals.

STEP 4 - Determine the flow rate and the drainage period. In general, good practices dictate a one minute drainage period, however where conditions permit, a 2 minute period is acceptable. Drainage period is the actual time required to completely empty the fixture.

Flow Rate = Actual Drainage Load

Drainage Period

Example: Calculate flow rate for I minute period.

Flow Rate 44.9 Gals = 44.9 GPM

1 Min.

For 2 minute period

Flow Rate 44.9 Gals = 22.5 GPM

2 Min.

STEP 5 - Select the interceptor which corresponds to the flow rate calculated. Note --Select larger size when flow rate falls between two sizes listed.

As a general rule it is good practice to size the Interceptor so that it's rated capacity is never less than 40% of the fixture capacity in gallons. In the example above the actual fixture capacity is 59.8 gals., and 40% of this would be 23.9 gals. or a Fig. 8025. It is readily seen that a drainage period other than one or two minutes can be used. If conditions justify, any period between one and two minutes is satisfactory, however, we do not recommend a period longer than 2 minutes. Using the 40% rule of thumb gives a drainage period of 17/8 minutes.

History

• EFFECTIVE DATE:
• July 7, 1991 Secretary of State Rule Log #91-33 and #91-34
• AMENDED:
• November 1, 1996 Secretary of State Rule Log #96-62; February 1, 2005 Secretary of State Rule Log #05-01; December 2006 [Moved from Department of Labor and Industry]; December 15, 2010 Secretary of State Rule Log #10-043; July 1, 2013 Secretary of State Rule Log #13-016; August 1, 2015 Secretary of State Rule Log #15-029; July 15, 2019 Secretary of State Rule Log #19-029; 11/15/2022 Secretary of State Rule Log #22-029

Chapter 008 VERMONT ACCESS RULES AND ADAPTABLE AND VISITABLE STANDARDS FOR DWELLINGS

28-008 Code Vt. R. 28-070-008-X VERMONT ACCESS RULES AND ADAPTABLE AND VISITABLE STANDARDS FOR DWELLINGS

[To assist people in finding information in these rules the titles, definitions or phrases that appear in bold type are included in the Index by Topic & Use located on page 18 ]

History

• STATUTORY AUTHORITY: 20 V.S.A. Chapter 174, §§ 2901, 2906
• EFFECTIVE DATE: July 1, 1991 Secretary of State Rule Log #91-37
• AMENDED: September 20, 1997 Secretary of State Rule Log #97-44; December 2006 [Moved from Department of Labor and Industry]; May 28, 2007 Secretary of State Rule #07-011; April 1, 2012 Secretary of State Rule Log #12-008; November 15, 2013 Secretary of State Rule Log #13-036