EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C. SECTION 122(d) A.TYPE OF REGULATORY ACTION REQUESTED Amendment to Existing Regulation B.SYNOPSIS OF SUBJECT MATTER OF REGULATION This is a revision of the manual of standards for school buses so that manufacturers, distributors, contractors, and educational personnel can have an officially sanctioned document governing school bus body and chassis specifications. It was written to reflect the 1995 National Standards for School Buses and School Bus Operations and all Federal Motor Vehicle Safety Standards. Delaware laws, regulations, and policies superseded the recommended standards where applicable. Two major objectives, safety and economy served as guideposts for making decisions on these standards and in arriving at sound and common agreement. C.IMPACT CRITERIA 1. Will the regulation help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) No. This is a manual of standards for school buses. 2. Will the regulation help ensure that all students receive an equitable education? (If so, how? If not, why?) No. This is a manual of standards for school buses. 3. Will the regulation help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) This will help ensure pupils are transported on safe, economical vehicles. It encompasses all factors relating to school bus construction which may directly or indirectly affect the safety and welfare of pupils transported. 4.Will the regulation help to ensure that all students' legal rights are respected? (If so, how? If not, why?) No. This is a manual of standards for school buses. 5. Will the regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) This does not change the authority and flexibility of decision makers at the local board and school level. It updates previous standards which were last approved in 1988. 6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) This does not change the reporting and administrative requirements or mandates upon decision makers at the local board and school levels. It updates the current manual of standards. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) This will not change the decision making authority and accountability for addressing school bus standards. The responsibility for setting these standards has been delegated to the Secretary of Education with approval by the State Board of Education. This document updates previous standards. 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) This will not change state educational policies. It is an update of the current manual of standards for school buses. 9. Is there a less burdensome method for addressing the purpose of the regulation? (If so, why is it appropriate to adopt the regulation?) No. This is the only document that provides standards for school buses. 10.What is the cost to the state and local school boards of compliance with the regulation? There is only a cost to the state during its annual purchase of school buses and indirectly to the state in its depreciation allowance to school bus contractors who will also need to comply with this new regulation. EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C., SECTION 122(d) A.TYPE OF REGULATORY ACTION REQUESTED Amendment to Existing Regulation B.SYNOPSIS OF SUBJECT MATTER OF THE AMENDMENT When the graduation requirements were adopted in August of 1996, the State Board indicated their commitment to visual and performing arts programs as essential components of quality education by including the arts as one of the requirements for graduation. One credit in the visual and performing arts was approved for the graduating class of 2001, pending adoption of the State of Delaware Visual and Performing Arts Content Standards and review by the SBE prior to June 1998. The Visual and Performing Arts Content Standards are being submitted for adoption this month; therefore, the graduation requirements need to be amended accordingly. C.IMPACT CRITERIA 1. Will the amendment help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) This amendment to the graduation requirements simply removes the caveat requiring the approval of the visual and performing arts content standards prior to the actual implementation of the proposed arts graduation requirement. The arts standards delineate what students should know and be able to do in music, visual arts, theatre, and dance. The standards will serve as the foundation for curriculum development and, therefore, will have a positive impact on instruction and student achievement. Furthermore, research indicates that study in the arts has a positive impact on achievement in content areas throughout the curriculum. 2. Will the amendment help ensure that all students receive an equitable education? (If so, how? If not, why?) The amendment ensures that all students will receive an education in the arts, one of the six content areas identified in the National Educational Goals as "challenging subject matter" in the core curriculum. Visual and performing arts courses taught throughout the state must be aligned with arts content standards thereby ensuring equitable curriculum content for arts education. 3. Will the regulation help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) This amendment does not address health and safety issues specifically; it addresses curriculum issues. However, the arts standards include content related to the safe and responsible use of materials and equipment. 4. Will the regulation help to ensure that all students' legal rights are respected? (If so, how? If not, why?) This amendment does not address students' legal rights, it addresses curriculum issues. 5. Will the amendment preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) The amendment will not change the impact of the original regulation for graduation requirements concerning the necessary authority and flexibility of decision making at the local Board and school level. 6. Will the amendment place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) The amendment does not place any unnecessary reporting or administrative mandates upon decision makers at the local Board and school level beyond the scope of the original regulation for graduation requirements. 7. Will decision making authority and accountability for addressing the subject to be amended be placed in the same entity? (If not, why?) The amendment does not change the decision making and accountability issues identified in the original regulation for graduation requirements. 8. Will the amendment be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) The amendment will not alter the impact of the original regulation for graduation requirements. Furthermore, research indicates that study in the arts has a positive impact on achievement in content areas throughout the curriculum. 9. Is there a less burdensome method for addressing the purpose of the amendment? (If so, why is it appropriate to amend the regulation?) No. the amendment is needed to bring the regulation into line with the adoption of the visual and performing arts content standards. 10. What is the cost to the state and local school boards of compliance with the amendment? The amendment, in and of itself, does not have a cost. The cost of implementing the content standards was addressed in the Impact Statement which accompanied the Visual and Performing Arts Content Standards document were presented for adoption on this month's agenda. GRADUATION REQUIREMENTS VISUAL AND PERFORMING ARTS It is recommended that the State Board of Education amend section IV.A.2. of the Handbook for K-12 Education by deleting the numeral 2 which appears after the words Visual and Performing Arts; and further amend said section by deleting the paragraph which begins with the numeral 2 and ends with 1996); and further amend said section by deleting the numeral 3 in the next to the last paragraph thereof and substituting in lieu thereof the numeral 2. This amendment serves to remove the section which required the State Board to reconsider the issue of Visual and Performing Arts credit for graduation. 2.CREDIT REQUIREMENTS a.Graduation Requirements for the Graduating Class of 1997 Through 2001. Applies To Students Graduating in:19971998199920002001 Traditional Academic English Language Arts 44444 Social Studies 33333 Mathematics 22233 Science 22233 Computer Literacy Computer Literacy 111 Supporting Coursework Physical education 11111 Health 1/21/21/21/21/2 Visual and Performing Artsı 1 Career Pathways Academic, Visual and Performing Arts, Foreign Language or Vocational- Technical Education program.NANANA33 Additional Academic Coursework Additional Academic, Visual and Performing Arts, Foreign Language and/or Vocational Technical Education program (includes Junior ROTC as an option).NANANA3 1/22 1/2 Electives 6 1/26 « 6 1/2NANA Units of Credit 1919202222 Computer Literacy. The intent of the requirement is to ensure that all Delaware high school graduates are proficient with the productive uses of computers. The skills may be learned in a formal course or may be gained through activities and projects integrated into other courses. For the class of 1999 each student must have a unit of credit in Computer Literacy. If the student receives a waiver from the district because the student is computer literate, the student shall need a unit of credit in another course to meet the graduation requirements. 2One credit in the visual and performing arts will be required beginning with the graduating Class of 2001 reducing the "additional academic, visual and performing arts, foreign language or vocational education" coursework category to 2 1/2 credits. This requirement will take effect following the adoption of the content standards for the Visual and Performing Arts and pending a review of this credit requirement by the State Board of Education before June, 1998. (Approved State Board of Education August, 1996.) 32Career Pathways and Additional Academic, Visual and Performing Arts, Foreign Language and/or Vocational Technical Education Coursework. A "career pathway" is a planned program of sequenced or specialized courses designed to develop knowledge and skills in a particular career area. Students may use the Additional Academic, Visual and Performing Arts, Foreign Language and/or Vocational Technical Education Coursework (including Junior ROTC as an option) to pursue individual academic interests. The credits in these two categories will eventually replace the elective credits. It is expected that all students will develop a graduation plan as part of their 8th grade experience. b.Graduation Requirements Set by Local School Boards Local school boards may establish requirements over and above the minimum credits prescribed by the State Board of Education. c.Carnegie Unit of Credit A minimum of 135 hours of actual classroom instruction or a demonstration of competency is required for one Carnegie unit of credit. EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C., SECTION 122(d) A.TYPE OF REGULATORY ACTION REQUESTED New Regulation B.SYNOPSIS OF SUBJECT MATTER OF THE REGULATION Since November 1994, the 49 member Visual and Performing Arts Curriculum Framework Commission has worked to formulate content standards in music, the visual arts, theatre, and dance. To provide automatic connections for teachers, vignettes or teaching examples were included in the document to illustrate how the standards might be delivered in classrooms throughout Delaware. More than half of the Commission members were classroom teachers (including special education) with the rest consisting of school administrators; school board members; higher education faculty; parents; students; and representatives of business, the arts, and the community at large. Multiple drafts were disseminated for review by national content experts, state educators, and the public. The State of Delaware Visual and Performing Arts Content Standards are in alignment with the National Standards for Arts Education and are mandatory for all visual and performing arts programs of study, K-12. C.IMPACT CRITERIA 1. Will the regulation help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) The arts standards delineate what students should know and be able to do in music, visual arts, theatre, and dance. The standards will serve as the foundation for curriculum development and, therefore, will have a positive impact on instruction and student achievement. Furthermore, research indicates that study in the arts has a positive impact on achievement in content areas throughout the curriculum. 2. Will the regulation help ensure that all students receive an equitable education? (If so, how? If not, why?) The regulation ensures that all students will receive an education in the arts, one of the six content areas identified in the National Educational Goals as "challenging subject matter" in the core curriculum. Visual and performing arts courses taught throughout the state must be aligned with arts content standards thereby ensuring equitable curriculum content for arts education. 3. Will the regulation help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) This regulation does not address health and safety issues specifically; it addresses curriculum content. However, the arts standards include content related to the safe and responsible use of materials and equipment. 4. Will the regulation help to ensure that all students' legal rights are respected? (If so, how? If not, why?) This regulation does not address students' legal rights, it addresses educational policy. 5. Will the regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) The regulation will not change requirements concerning the necessary authority and flexibility of decision making at the local Board and school level. 6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) The regulation does not place any unnecessary reporting or administrative mandates upon decision makers at the local Board or school levels. 7. Will decision making authority and accountability for addressing the subject to be amended be placed in the same entity? (If not, why?) The adoption of the arts standards will not change decision making and accountability at the local board and school levels. 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) The adoption and implementation of the arts standards will present no impediments to other educational policies or to student achievement in mathematics, science, language arts and social studies. The visual and performing arts are one of the six content areas identified in the National Educational Goals as "challenging subject matter" in the core curriculum. The arts standards delineate what students should know and be able to do in music, visual arts, theatre, and dance and will serve as the foundation for curriculum development. Therefore, their adoption and implementation will have a positive impact on instruction and student achievement. Furthermore, research indicates that study in the arts has a positive impact on achievement in content areas throughout the curriculum. 9. Is there a less burdensome method for addressing the purpose of the regulation? (If so, why is it appropriate to adopt the regulation?) No. The regulation formalizes the adoption of the State of Delaware Visual and Performing Arts Content Standards. 10. What is the cost to the state and local school boards of compliance with the regulation? Districts will bear the costs of implementing the standards at the local level. Actual costs will vary across districts depending on the extent of programs that are currently in place. The Status of the Visual and Performing Arts Report and Implementation Plan delineate various options for districts. DELAWARE HARNESS RACING COMMISSION PROPOSED RULE AMENDMENTS The Commission proposes these amendments pursuant to 3 Del. C. section 10027 and 29 Del. C. section 10115. The proposed Rule amendments are as follows: 1. Amendment to Chapter I, paragraph 34 by clarifying the definition of a "maiden" horse. 2. Amendment to Chapter III, Rule II-H-2 by expanding the class of horses eligible to be placed on the Steward's list. This amendment would allow the State Steward to place horses with positive tests for high blood gas on the list of horses unfit to race. 3. Amendment to Chapter IV, Rule II-A-2 by adding language requiring the licensee conducting a meet to obtain medical insurance equal to the amount of the average daily purse account. 4. Amendment to Chapter V, Rule II-C by adding language which provides that clarifies that a lease of a horse for an indefinite term is terminable at the will of either party. 5. Amendment to Chapter VI, Rule II-B-5 by adding a new provision to allow for calculation of the present value of a bonus to determine a horse's earnings. 6. Amendment to Chapter VI, Rule III-B-7 by reducing the time from 45 to 30 days on the time during which a mare which has been bred can be declared in a claiming race. 7. Amendment to Chapter VI, Rule III-b-7 by clarifying the procedure for voiding the claim of a mare that is found to be pregnant. 8. Amendment to Chapter VI, Rule IV-D-23 by adding a sentence to establish a procedure for selection of horses in a final heat when the entered horses are unable to finish due to an accident. 9. Amendment to Chapter VII, Rule VI-M-15 to revise the definition of improper whipping and the penalties for violations. 10. Amendment to Chapter VII, Rule VI-M-18 to require the racing officials to inspect horses after each race for any evidence of excessive whipping. 11. Amendment to Chapter II, Rule VII-1 to allow the new created Commission investigator to issue subpoenas for attendance of witnesses or production of documents. 12. Amendment to Chapter III, Rule I-A by adding the position of Commission investigator as a racing official under the Commission's jurisdiction. 13. Amendment to Chapter III, by adding a new subsection XIV which details the general authority of the new Commission investigator position. 14. Amendment to Chapter V, Rule III-A by adding a new subsection "3" to establish requirements for persons to be listed as trainers of record. The new subsection also provides that all trainers are equally liable for rule violations. 15. Amendment to Chapter X, Rule III-C-1 by adding language to allow the Commission investigator to summarily suspend a licensee in cases of immediate danger to the public health, safety, of welfare. 16. Amendment to Chapter VIII, Rule IV by adding a new subsection C which would allow for the taking of a secondary or split samples from horses for testing. The proposed rule would allow an owner or trainer to have a secondary sample tested for illegal substances after the primary sample has revealed a positive test. 17. Amendment to Chapter X, Rule II-I-2 by deleting the existing section and adding a new subsection. The new subsection would change the amount of the appeal bond from $100 to $250. This proposed increase is consistent with the appeal bond currently used by the Thoroughbred Racing Commission. 18. Amendment to Chapter VIII, Rule III-c-3(c) by adding language to the existing definition of "prohibited substance". The proposed amendment specifies the illegal carbon dioxide level for horses racing with and without furosemide. The proposed Rules will be considered by the Commission at its next regularly scheduled meeting on August 22, 1997 at 9:00 a.m. at the Department of Agriculture Office, 2320 S. DuPont Highway, Dover, DE. Copies of the proposed rule may be obtained from the Commission. Comments may be submitted in writing to the Commission Office on or before 4:00 p.m. on August 30, 1997 and/or in person at the hearing. The Commission Office is located at 2320 South DuPont Highway, Dover, DE 19901 and the phone number is (302)739-4811. PROPOSED CHANGES TO DELAWARE HARNESS RACING COMMISSION RULES The following changes follow the 1997 Bylaws Rules and Regulations changes adopted by the United States Trotting Association effective May 1, 1997, and are proposed by the Delaware Harness Racing Commission in accordance with 3 Del. C. 10027: 1. AMEND Chapter I, paragraph 34, by adding the following at the end of the paragraph: 34. "Maiden" is a stallion, mare or gelding that has never won a heat or race at the gait at which it is entered to start and for which a purse is offered; provided, however, that other provisions of these Rules notwithstanding, races and/or purse money awarded to a horse after the 'Official Sign' has been posted shall be considered winning performance and effect status as a maiden, and in such cases a horse placed first by virtue of disqualification shall acquire a win race record only if such horse's actual time can be determined by photo finish or electronic timing in accordance with the provisions of Chapter VII, Rule II.A. of these Rules. 2. AMEND Chapter III, Rule II.H.2., by inserting, following the phrase "to qualify for races at the meeting" and before the phrase "or otherwise unfit to race", the phrase "scratched as a result of a high blood gas test". H. Steward's List 1. The judges shall maintain a Steward's List of the horses which are ineligible to be entered in a race. 2. A horse that is unfit to race because it is dangerous, unmanageable or unable to show a performance to qualify for races at the meeting scratched as a result of a high blood gas test, or otherwise unfit to race at the meeting may be placed on the Steward's List by the Presiding Judge and declarations and/or entries on the horse shall be refused. The owner or trainer shall be notified of such action and the reason shall be clearly stated. When any horse is placed on the Steward's List, the clerk of the course shall make a note on the eligibility certificate of such horse, showing the date the horse was put on the Steward's List the reason and the date of removal if the horse has been removed. 3. All horses scratched by a veterinarian for either lameness or sickness will be put on the Steward's List and may not be removed for seven (7) days from the date of the race from which they were scratched. No entries will be accepted on these horses until the seven-day period has expired. 4. No Presiding Judge or other official at a fair meeting shall have the power to remove from the Steward's List and accept as an entry any horse which has been placed on a Steward's List and not subsequently removed therefrom for the reason that he/she is dangerous or an unmanageable horse. Such meetings may refuse declarations and/or entries on any horse that has been placed on the Steward's List and has not been removed therefrom. 5. No horse shall be admitted to any racetrack facilities in this jurisdiction without having had a negative official test for equine infectious anemia within twelve (12) months. 6. The judges may put any horse on the Steward's List for performance when such horse shows a reversal of form or does not race near its own capabilities. Such horse shall qualify in a time comparable to its known capabilities from one to three times, at the discretion of the judges, before being allowed to start. 7. Any horse put on the Steward's List as unmanageable or dangerous must qualify in a satisfactory manner for the judges at least two times. 8. The judges may put any horse on the Steward's List for being noncompetitive or unfit to race at the meeting. 9. The judges may place a horse on the Steward's List when there exists a question as to the exact identification, ownership or management of said horse. 10. A horse which has been placed on the Steward's List because of questions as to the exact identification or ownership of said horse, may be removed from the Steward's List when, in the opinion of the judges, proof of exact identification and/or ownership has been established. 11. A horse may not be released from the Steward's List without the permission of the judges. 3. AMEND Chapter IV, Rule II.A.2., by adding the following at the end of the rule: II. FINANCIAL REQUIREMENTS A. Insurer of the Race Meeting 1. Approval of a race meeting by the Commission does not establish the Commission as the insurer or guarantor of the safety or physical condition of the association's facilities or purse of any race. 2. In accordance with 10043 of the Act, an association shall timely provide the Commission with a certificate of liability insurance, in an amount approved by the Commission, with premium prepaid. The insurance shall provide a minimum of medical expense coverage equal to the average daily purse account raced for at the previous meeting conducted by the association. 3. An association shall maintain in an approved depository, those amounts deducted from the pari-mutuel handle for distribution for the purposes specified in the Act and Commission rules. 4. An association is responsible to ensure that the amounts retained from the pari-mutuel handle are distributed according to the Act and Commission rules and not otherwise. 5. An association shall ensure that all purse monies, disbursements and appropriate nomina-tion race monies are available to make timely distribution in accordance with the Act, Commission rules, association rules and race conditions, and with any contractual arrangements with the horsemen's association recognized for purposes related to the allocation of purses, if applicable. 4. AMEND Chapter V, Rule II.C., by adding the following sentence at the end of the rule: C. Lease Agreements A horse may be raced under lease provided a completed breed registry or other lease form acceptable to the Commission is attached to the certificate of registration and on file with the Commission. The lessor and lessee shall be licensed as horse owners. For purposes of issuance of eligibility certificates and/or transfers of ownership, a lease for an indefinite term shall be considered terminable at the will of either party unless extended or reduced to a term certain by written documentation executed by both lessor and lessee. 5. AMEND Chapter VI, Rule II.B.5, by adding at the end of the rule: B. Conditions 1. Conditions may be based only on: a) horses' money winnings in a specified number of previous races or during a specified previous time; b) horses' finishing positions in a specified number of previous races or during a specified period of time; c) age; d) sex; e) number of starts during a specified period of time; f) special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada; g) the exclusion of schooling races; or h) any one or more combinations of the qualifications herein listed. 2. Conditions shall not be written in such a way that any horse is deprived of an opportunity to race in a normal preference cycle. Where the word preference is used in a condition, it shall not supersede date preference as provided in the rules. Not more than three also eligible conditions shall be used in writing the conditions for overnight events. 3. The Commission may, upon application from the racing secretary, approve conditions other than those listed above for special events. 4. In the event there are conflicting published conditions and neither one nor the other is withdrawn by the association, the one more favorable to the declarer shall govern. 5. For the purpose of eligibility, a racing season or racing year shall be the calendar year. All races based on winnings will be programmed Non-Winners of $301 or Winners over $1,001. Additional conditions may be added. When recording winnings, gross winnings shall be used and cents shall be disregarded. In the case of a bonus, the present value of the bonus shall be credited to the horse as earnings for the race or series of races for which it received the bonus. It shall be the responsibility of the organization offering the bonus to report the present value of the bonus to the United States Trotting Association in a timely manner. 6. Records, time bars shall not be used as a condition of eligibility. 7. Horses must be eligible when declarations close subject to the provision that: a) Wins and winnings on or after the closing date of declarations shall not be considered; b) Age allowances shall be given according to the age of the horse on the date the race is contested. c) In mixed races, trotting and pacing, a horse must be eligible under the conditions for the gait at which it is stated in the declaration the horse will perform. 8. When conditions refer to previous perfor-mances, those performances shall only include those in a purse race. Each dash or heat shall be considered as a separate performance for the purpose of condition races. 9. In overnight events, not more than one trailer shall be permitted, regardless of the size of the track except with the approval of the Commission. At least eight feet per horse must be provided the starters in the front tier. 10. The racing secretary may reject the declara-tion to an overnight event of any horse whose past performance indicates that it would be below the competitive level of other horses declared to that particular event. 6. AMEND Chapter VI, Rule III.B.7., by striking the figure "45" where it appears in the second line and substituting in lieu thereof the figure "30". 7. FURTHER AMEND Chapter VI, Rule III.B.7., by adding the following at the end of the last sentence of the rule: B. Prohibitions on Claims 1. A person shall not claim directly or indirectly his/her own horse or a horse trained or driven by him/her or cause such horse to be claimed directly or indirectly for his/her own account. 2. A person shall not directly or indirectly offer, or directly or indirectly enter into an agreement, to claim or not to claim or directly or indirectly attempt to prevent another person from claiming any horse in a claiming race. 3. A person shall not have more than one claim on any one horse in any claiming race. 4. A person shall not directly or indirectly conspire to protect a horse from being claimed by arranging another person to lodge claims, a procedure known as protection claims. 5. No qualified owner or his agent shall claim a horse for another person. 6. No person shall enter in a claiming race a horse against which there is a mortgage, bill or sale, or lien of any kind, unless the written consent of the holder thereof shall be filed with the Clerk of the Course of the association conducting such claiming race. 7. Any mare which has been bred shall not be declared into a claiming race for at least 45 30 days following the last breeding of the mare, and thereafter such a mare may only be declared into a claiming race after a veterinarian has pronounced the mare not to be in foal. Any mare pronounced in foal shall not be declared into a claiming race. Where a mare is claimed out of a claiming race and subsequently proves to be in foal from a breeding which occurred prior to the race from which she was claimed, the claim may be voided by the judges at the option of the successful claimant provided the mare is subjected to a pregnancy examination within 18 days of the date of the claim, and is found pregnant as a result of that pregnancy examination. A successful claimant seeking to void the claim must file a petition to void said claim with the judges within 10 days after this pregnancy examination and shall thereafter be heard by the judges after due notice of the hearing to the parties concerned. 8. AMEND Chapter VI, Rule IV.D.23., by adding the following: D. Nominations, Fees and Purses 23. The number of horses allowed to qualify for the final heat of an event conducted in elimination heats shall not exceed the maximum number permitted to start in accordance with the rules. In any elimination dash where there are horses unable to finish due to an accident and there are fewer horses finishing than would normally qualify for the final, the additional horses qualifying for the final shall be drawn by lot from among those unoffending horses not finishing. 9. AMEND Chapter VII, Rule V.I.M.14., by adding the following additional paragraphs at the end of the rule: 10. AMEND Chapter VII, Rule VI.M.18, by adding the following at the end of the rule: M. Conduct of the Race 14. Drivers will be allowed to use whips not to exceed three feet, nine inches in length plus a snapper not to exceed six inches in length. The use of the whip shall be confined to an area above and between the sulky shafts and the outside wheel discs. Drivers shall keep a line in each hand from the start of the race until the head of the stretch finishing the race. The mandatory minimum penalty for a whipping violation, including a violation of subsections 18 and 19 of this section, shall be a fine in the amount of $100.00 and a 3-day suspension from driving for a first offense, and for each subsequent violation the mandatory minimum penalty shall increase by the amount of $100.00 and 3 additional days of suspension (e.g., $200.00 and a 6-day suspension for a second offense, $300.00 and a 9-day suspension for a third offense, etc.). 15. The use of any goading device, or chain, or spur, or mechanical or electrical device other than a whip as allowed in the rules, upon any horse, shall constitute a violation. 16. The possession of any mechanical or electrical goading device on the grounds of an association shall constitute a violation. 17. The judges shall have the authority to disallow the use of any equipment or harness that they feel is unsafe or not in the best interests of racing. 18. Brutal or excessive or indiscriminate use of a whip, or striking a horse with the butt end of a whip, or striking a wheel disc of a sulky with a whip, shall be a violation. At extended pari-mutuel meetings, under the supervision of the judges, there shall be a mandatory visual inspection of each horse following each race for evidence of excessive or brutal use of the whip. At all other meetings, the judges shall have the authority to order and/or to conduct such visual inspections at their discretion. PLEASE NOTE that the Commission is not proposing to adopt certain rule changes adopted by the United States Trotting Association because they pertain either to membership in the USTA or to the registration of horses, which the Delaware Harness Racing Commission does not regulate. These USTA rule changes which are not proposed for adoption in Delaware include a new Rule 1 4 pertaining to reciprocity of membership between the USTA and the Canadian Standardbred Horse Society, a change to Rule 26 27 pertaining to Embryo Transfer, a new Rule 26 30 pertaining to reciprocity of registration of horses, and changes to Rule 26 7, 24, 28 and 29 pertaining to DNA testing for blood typing of foals for 1998 and thereafter. In addition to the foregoing, the Commission proposes the following changes to the Delaware Harness Racing Commission Rules and Regulations: 11. AMEND Chapter II, Rule VII.1 by inserting the phrase "the Commission Investigator", following the phrase "the State Steward or judges," and before the phrase "the presiding officer of a Commission proceeding". VII. SUBPOENAS 1. A member of the Commission, the Director of Poultry and Animal Health, the State Steward or judges, the Commission Investigator, the presiding officer of a Commission proceeding or other person authorized to perform duties under the Act may require by subpoena the attendance of witnesses and the reproduction of books, papers and documents. Subpoenas as authorized by such persons shall be issued in blank under the hand of any Commissioner and over the seal of the Commission to any party. 2. A member of the Commission, the Director of Poultry and Animal Health, a presiding officer of a Commission proceeding or other person authorized by the Commission may administer an oath or affirmation to a witness appearing before the Commission or a person authorized by the Commission. 3. If any person refuses to obey any subpoena requiring the person to appear, to testify, or to produce any books, papers and documents, the Commission may apply to the Superior Court of the county in which the Commission is sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify, or to produce the books, papers and documents. 12. AMEND Chapter III, Rule I.A., by deleting the word "and" where it appears at the end of subparagraph 14, renumbering subparagraph 15 and "16", and adding a new subparagraph 15 as follows: I. GENERAL PROVISIONS A. Racing Officials Officials at a race meeting may include the following, as determined by the Commission: 1. State Steward; 2.board of judges; 3. racing secretary; 4. paddock judge; 5. horse identifier and equipment checker; 6. clerk of the course; 7. official starter; 8. official charter; 9. official timer; 10. photo finish technician; 11. patrol judge; 12. program director; 13. State veterinarian; 14. LASIX veterinarian; and 15. Investigator; and 15. 16. any other person designated by the Commission. 13. AMEND Chapter III by renumbering Section XIV as "XV" and adding a new Section XIV as follows: "XIV. INVESTIGATOR General Authority The Commission may appoint an investigator to assist the State Steward and judges, and the Commission, in the enforcement of these Rules. Subject to the approval of the Commission, and under the direction of the State Steward, the Investigator may be delegated one or more of the following responsibilities: 1. Supervising the licensing function of the Commission, including performing background checks and fingerprinting applicants for licensure, and facilitating the Commission's participation in a uniform, multi- jurisdictional, reciprocal licensing scheme; 2. Consulting with track security and with law enforcement agencies both within and outside of Delaware; 3. Supervising the human and equine drug-testing programs provided for in these Rules; 4. Conducting vehicle and stall searches; 5. Intelligence gathering and dissemination; 6. Responding to patron complaints regarding the integrity of racing; and 7. Where appropriate, presenting complaints to the Commission for disposition, including complaints seeking disciplinary action against licensees of the Commission." XIV. XV. ANY OTHER PERSON DESIGNATED BY THE COMMISSION The Commission may create additional racing official positions, as needed. Persons selected for these positions shall be considered racing officials and shall be subject to the general eligibility requirements outlined in Section I of this chapter. 14. AMEND Chapter V, Rule IIIA., by adding a new subsection as follows: III. TRAINERS A. Eligibility 1. A person shall not train horses, or be programmed as trainer of record at extended meetings, without first having obtained a trainer license valid for the current year by meeting the standards for trainers, as laid down by the United State Trotting Association, and being licensed by the Commission. The "trainer of record" shall be any individual who receives compensation for training the horse. The holder of a driver's license issued by the United States Trotting Association is entitled to all privileges of a trainer and is subject to all rules respecting trainers. 2. Valid categories of licenses are: a) "A," a full license valid for all meetings and permitting operation of a public stable.; and b) "L," a license restricted to the training of horses while owned by the holder and/or his or her immediate family at all race meetings. "3. If more than one person receives any form of compensation, directly or indirectly, for training the horse, then the principal trainer or trainers must be listed as "trainer of record". It shall be a violation for the principal trainer or trainers of a horse not to be listed as "trainer or record", and, if such unlisted principal trainer or trainers are licensees of the Commission, then he, she or they shall be subject to a fine and/or suspension for such violation. In addition, it shall be a violation for a person who is not the principal trainer of the horse to be listed as "trainer of record", and such person shall be subject to a fine and/or suspension for such violation. Principal trainers and programmed trainers shall be equally liable for all rule violations. For purposes of this rule, the Steward and judges shall use the following criteria in determining the identity of the principal trainer or trainers of a horse: a) The identity of the person who is responsible for the business decisions regarding the horse, including, but not limited to, business arrangements with and any payments to or from owners or other trainers, licensed or otherwise, veterinarians, feed companies, hiring and firing of employees, obtaining workers' compensation or proof of adequate insurance coverage, payroll, horsemen's bookkeeper, etc.; b) The identity of the person responsible for communicating, or who in fact does communicate, with the racing secretary's office, stall manager, association and track management, owners, etc. regarding racing schedules and other matters pertaining to the entry, shipping and racing of the horse; c) The identity of the person responsible for the principal conditioning of the horse; d) The identity of the person responsible for race day preparation including, but not limited to, accompanying the horse to the paddock or ship-in barn, selection of equipment, authority to warm up the horse before the public, discussion with the driver of race strategy, etc.; and e) The identity of the person who communicates on behalf of the owner with the Steward, judges and other Commission personnel regarding the horse, including regarding any questions concerning the location or condition of the horse, racing or medication violations, etc. 15. AMEND Chapter X, Rule III.C.1., by inserting the phrase "the Commission Investigator," following the phrase "the State Steward or judges," and before the phrase "the presiding officer of a Commission proceeding". C. Summary Suspension 1. If the State Steward or judges determine that a licensee's actions, other than those of a licensed association, constitute an immediate danger to the public health, safety or welfare, the State Steward or judges the Commission Investigator, may summarily suspend the license pending a hearing. 2. A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the third racing day after the license was summarily suspended. The licensee may waive his/her right to a hearing on the summary suspension within the three-day limit. 3. The State Steward or judges shall conduct a hearing on a summary suspension in the same manner as other disciplinary hearings. At a hearing on a summary suspension, the sole issue is whether the licensee's license should remain suspended pending a final disciplinary hearing and ruling. 16. AMEND Chapter VIII, Rule IV by adding a new subsection to read as follows. C. Procedure for Taking Specimens (1) Horses from which specimens are to be drawn shall be taken to the detention area at the prescribed time and remain there until released by the Commission veterinarian. Only the owner, trainer, groom, or hotwalker of horses to be tested shall be admitted to the detention area without permission of the Commission veterinarian. (2) Stable equipment other than equipment necessary for washing and cooling out a horse shall be prohibited in the detention area. (a) Buckets and water shall be furnished by the Commission veterinarian. (b) If a body brace is to be used, it shall be supplied by the responsible trainer and administered only with the permission and in the presence of the Commission veterinarian. (c) A licensed veterinarian shall attend a horse in the detention area only in the presence of the Commission veterinarian. (3) One of the following persons shall be present and witness the taking of the specimen from a horse and so signify in writing: (a) The owner; (b) The responsible trainer who, in the case of a claimed horse, shall be the person in whose name the horse raced; or (c) A stable representative designated by such owner or trainer. (4) (a) All urine containers shall be supplied by the Commission laboratory and shall be sealed with the laboratory security seal which shall not be broken, except in the presence of the witness as provided by subsection (3) of this section. (b) Blood vacutainers will also be supplied by the Commission laboratory in sealed packages as received from the manufacturer. (5) Samples taken from a horse, by the Commission veterinarian or his assistant at the detention barn, shall be collected and in double containers and designated as the "primary" and "secondary" samples. (a) These samples shall be sealed with tamper-proof tape and bear a portion of the multiple part "identification tag" that has identical printed numbers only. The other portion of the tag bearing the same printed identification number shall be detached in the presence of the witness. (b) The Commission veterinarian shall: 1. Identify the horse from which the specimen was taken. 2. Document the race and day, verified by the witness; and 3. Place the detached portions of the identification tags in a sealed envelope for delivery only to the stewards. (c) After both portions of samples have been identified in accordance with this section, the "primary" sample shall be delivered to the official chemist designated by the Commission. (d) The "secondary" sample shall remain in the custody of the Commission veterinarian at the detention area and urine samples shall be frozen and blood samples refrigerated in a locked refrigerator/freezer. (e) The Commission veterinarian shall take every precaution to ensure that neither the Commission chemist nor any member of the laboratory staff shall know the identity of the horse from which a specimen was taken prior to the completion of all testing. (f) When the Commission chemist has reported that the "primary" sample delivered contains no prohibited drug, the "secondary" sample shall be properly disposed. (g) If after a horse remains a reasonable time in the detention area and a specimen can not be taken from the horse, the Commission veterinarian may permit the horse to be returned to its barn and usual surroundings for the taking of a specimen under the supervision of the Commission veterinarian. (h) If one hundred (100) milliliters (ml.) or less of urine is obtained, it will not be split, but will be considered the "primary" sample and will be tested as other "primary" samples. (i) Two (2) blood samples shall be collected in twenty (20) milliliters vacutainers, one for the "primary" and one for the "secondary" sample. (j) In the event of an initial finding of a prohibited drug or in violation of these Rules & Regulations, the Commission chemist shall notify the Commission, both orally and in writing, and an oral or written notice shall be issued by the Commission to the owner and trainer or other responsible person no more than twenty-four (24) hours after the receipt of the initial finding, unless extenuating circumstances require a longer period, in which case the Commission shall provide notice as soon as possible in order to allow for testing of the "secondary" sample. 1. If testing of the "secondary" sample is desired, the owner, trainer, or other responsible person shall so notify the Commission in writing within 48 hours after notification of the initial positive test or within a reasonable period of time established by the Commission after consultation with the Commission chemist. The reasonable period is to be calculated to insure the integrity of the sample and the preservation of the alleged illegal substance. 2. Testing of the "secondary" samples shall be performed at a referee laboratory selected by representatives of the owner, trainer, or other responsible person from a list of not less than two (2) laboratories approved by the Commission. (k) The Commission shall bear the responsibility of preparing and shipping the sample, and the cost of preparation, shipping, and testing at the referee laboratory shall be assumed by the person requesting the testing, whether it be the owner, trainer, or other person charged. 1. A Commission representative and the owner, trainer, or other responsible person or a representative of the persons notified under these Rules and Regulations may be present at the time of the opening, repackaging, and testing of the "secondary" sample to ensure its identity and that the testing is satisfactorily performed. 2. The referee laboratory shall be informed of the initial findings of the Commission chemist prior to making the test. 3. If the finding of the referee laboratory is proven to be of sufficient reliability and does not confirm the finding of the initial test performed by the Commission chemist and in the absence of other independent proof of the administration of a prohibited drug of the horse in question, it shall be concluded that there is insubstantial evidence upon which to charge anyone with a violation. (l) The Commission veterinarian shall be responsible for safeguarding all specimens while in his possession and shall cause the specimens to be delivered only to the Commission chemist as soon as possible after sealing, in a manner so as not to reveal the identity of a horse from which the sample was taken. (m) If an Act of God, power failure, accident, strike or other action beyond the control of the Commission occurs, the results of the primary official test shall be accepted as prima facie evidence. 17. AMEND Chapter X, Rule II-I-2 by deleting the existing section and substituting a new section to provide as follows: I. Appeals 1. A person aggrieved by a ruling of the State Steward or judges may appeal to the Commission except as provided in subdivision 6 of this subsection. A person who fails to file an appeal by the deadline and in the form required by this section waives the right to appeal. 2. An appeal under this section must be filed with the State Steward not later than 48 hours after the ruling. The appeal must be accompanied by a deposit in the amount of $100, together with a check or money order payable to a court reporter designated by the Commission in the amount charged for the reporter's attendance at and recording of the hearing before the Commission on the appeal. Unless the Commission determines the appeal to be meritorious, either by reversing the decision of the State Steward or judges or by reducing the penalty imposed, the appeal deposit shall not be repaid to the appellant. In no event shall the advance payment of the court reporter's fee be refunded. An appeal under this section must be filed with the State Steward not later than 48 hours after the ruling. The appeal must be accompanied by a deposit in the amount of $250, together with a check or money order payable to a court reporter designated by the Commission in the amount charged for the reporter's attendance at and recording and transcribing of the hearing before the Commission on the appeal. Unless the Commission determines the appeal to be meritorious, either by reversing the decision of the State Steward or judges or by reducing the penalty imposed, the appeal deposit shall not be repaid to the appellant. In no event shall the advance payment of the court reporter's fee be refunded. 3. An appeal must be in writing on a form prescribed by the Commission. The appeal must include: a) the name, address, telephone number and signature of the person making the appeal; and b) a statement of the basis for the appeal. 4. On notification by the Commission that an appeal has been filed, the State Steward or judges shall forward to the Commission the record of the proceeding on which the appeal is based. 5. If a person against whom a fine has been assessed timely files an appeal of the ruling that assesses the fine, the person need not immediately pay the fine in accordance with these rules. 6. A notice of appeal filed with the Commission pursuant to these rules may be accompanied by a request for a stay pending a final decision by the Commission. In his discretion the State Steward may approve such stay requests unless he determines that granting the stay would be adverse to the best interests of racing or inimical to the integrity of the sport. If the State Steward denies a stay request, the appellant may submit a written request to the Commission, in which case the Chairman of the Commission in his discretion may grant or deny the request. 18. AMEND TO Chapter VIII, Rule III-C-3(c) by adding the following language to the existing rule: C. Medication Restrictions 1. Drugs or medications in horses are permissible, provided: a) the drug or medication is listed by the Association of Racing Commissioners International's Drug Testing and Quality Assurance Program; and b) the maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit. 2. Except as otherwise provided by this chapter, a person may not administer or cause to be administered by any means to a horse a prohibited drug, medication, chemical or other substance, including any restricted medication pursuant to this chapter during the 48-hour period before post time for the race in which the horse is entered. Such administration shall result in the horse being scratched from the race and may result in disciplinary actions being taken. 3. A finding by the official chemist of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include: a) drugs or medications for which no acceptable levels have been established; b) therapeutic medications in excess of established acceptable levels; c) substances present in the horse in excess of levels at which such substances could occur naturally and such prohibited substances shall include a total carbon dioxide level of 37 mmol/L or serum in a submitted blood sample from a horse or 39 mmol/L if serum from a horse which has been administered furosemide in compliance with these rules; and d) substances foreign to a horse at levels that cause interference with testing procedures. 4. The tubing, dosing or jugging of any horse for any reason within 24 hours prior to its scheduled race is prohibited unless administered for medical emergency purposes by a licensed veterinarian, in which case the horse shall be scratched. The practice of administration of any substance via a naso-gastric tube or dose syringe into a horse's stomach within 24 hours prior to its scheduled race is considered a violation of these rules and subject to disciplinary action, which may include fine, suspension and revocation or license. DELAWARE THOROUGHBRED RACING COMMISSION PROPOSED RULE AMENDMENT The Commission proposed this amendment to Rule 15.10 pursuant to 3 Del.C. sections 10103 and 10128(m)(1), and 29 Del.C. section 10115. The proposed Rule 15.10 would allow for the taking of secondary or split samples from horses for testing. The proposed rule 15.10 would allow an owner or trainer to have a secondary sample tested for illegal substances after the primary sample has revealed a positive test. The primary samples are sent to the Commission's laboratory for testing for illegal substances. The proposed rule was promulgated in response to requests by horsemen to allow for an opportunity to challenge the validity of the primary test result. The proposed Rule will be considered by the Commission at its next regularly scheduled meeting on August 27, 1997 at 11:00 a.m. at Delaware Park, Stanton, DE. Copies of the proposed rule may be obtained from the Commission. Comments may be submitted in writing to the Commission Office on or before 4:00 p.m. on August 30, 1997 and/or in person at the hearing. The Commission Office is located at 2320 South DuPont Highway, Dover, DE 19901 and the phone number is (302)739-4811. EXISTING RULE 15.10 Procedure for Taking Specimens: Licensee's Veterinarian, with the approval of the Stewards, shall prescribe the procedures for taking specimens. AMENDMENT OF RULE 15.10 OF RULES AND REGULATIONS FOR DELAWARE STATE THOROUGHBRED RACING COMMISSION 15.10Procedure for Taking Specimens (1) Horses from which specimens are to be drawn shall be taken to the detention area at the prescribed time and remain there until released by the Commission veterinarian. Only the owner, trainer, groom, or hotwalker of horses to be tested shall be admitted to the detention area without permission of the Commission veterinarian. (2) Stable equipment other than equipment necessary for washing and cooling out a horse shall be prohibited in the detention area. (a) Buckets and water shall be furnished by the Commission veterinarian. (b) If a body brace is to be used, it shall be supplied by the responsible trainer and administered only with the permission and in the presence of the Commission veterinarian. (c) A licensed veterinarian shall attend a horse in the detention area only in the presence of the Commission veterinarian. (3) One of the following persons shall be present and witness the taking of the specimen from a horse and so signify in writing: (a) The owner; (b) The responsible trainer who, in the case of a claimed horse, shall be the person in whose name the horse raced; or (c) A stable representative designated by such owner or trainer. (4) (a) All urine containers shall be supplied by the Commission laboratory and shall be sealed with the laboratory security seal which shall not be broken, except in the presence of the witness as provided by subsection (3) of this section. (b) Blood vacutainers will also be supplied by the Commission laboratory in sealed packages as received from the manufacturer. (5) Samples taken from a horse, by the Commission veterinarian or his assistant at the detention barn, shall be collected and in double containers and designated as the "primary" and "secondary" samples. (a) These samples shall be sealed with tamper-proof tape and bear a portion of the multiple part "identification tag" that has identical printed numbers only. The other portion of the tag bearing the same printed identification number shall be detached in the presence of the witness. (b) The Commission veterinarian shall: 1. Identify the horse from which the specimen was taken. 2. Document the race and day, verified by the witness; and 3. Place the detached portions of the identification tags in a sealed envelope for delivery only to the stewards. (c) After both portions of samples have been identified in accordance with this section, the "primary" sample shall be delivered to the official chemist designated by the Commission. (d) The "secondary" sample shall remain in the custody of the Commission veterinarian at the detention area and urine samples shall be frozen and blood samples refrigerated in a locked refrigerator/freezer. (e) The Commission veterinarian shall take every precaution to ensure that neither the Commission chemist nor any member of the laboratory staff shall know the identity of the horse from which a specimen was taken prior to the completion of all testing. (f) When the Commission chemist has reported that the "primary" sample delivered contains no prohibited drug, the "secondary" sample shall be properly disposed. (g) If after a horse remains a reasonable time in the detention area and a specimen can not be taken from the horse, the Commission veterinarian may permit the horse to be returned to its barn and usual surroundings for the taking of a specimen under the supervision of the Commission veterinarian. (h) If one hundred (100) milliliters (ml.) or less of urine is obtained, it will not be split, but will be considered the "primary" sample and will be tested as other "primary" samples. (i) Two (2) blood samples shall be collected in twenty (20) milliliters vacutainers, one for the "primary" and one for the "secondary" sample. (j) In the event of an initial finding of a prohibited drug or in violation of these Rules & Regulations, the Commission chemist shall notify the Commission, both orally and in writing, and an oral or written notice shall be issued by the Commission to the owner and trainer or other responsible person no more than twenty-four (24) hours after the receipt of the initial finding, unless extenuating circumstances require a longer period, in which case the Commission shall provide notice as soon as possible in order to allow for testing of the "secondary" sample. 1. If testing of the "secondary" sample is desired, the owner, trainer, or other responsible person shall so notify the Commission in writing within 48 hours after notification of the initial positive test or within a reasonable period of time established by the Commission after consultation with the Commission chemist. The reasonable period is to be calculated to insure the integrity of the sample and the preservation of the alleged illegal substance. 2. Testing of the "secondary" samples shall be performed at a referee laboratory selected by representatives of the owner, trainer, or other responsible person from a list of not less than two (2) laboratories approved by the Commission. (k) The Commission shall bear the responsibility of preparing and shipping the sample, and the cost of preparation, shipping, and testing at the referee laboratory shall be assumed by the person requesting the testing, whether it be the owner, trainer, or other person charged. 1. A Commission representative and the owner, trainer, or other responsible person or a representative of the persons notified under these Rules and Regulations may be present at the time of the opening, repackaging, and testing of the "secondary" sample to ensure its identity and that the testing is satisfactorily performed. 2. The referee laboratory shall be informed of the initial findings of the Commission chemist prior to making the test. 3. If the finding of the referee laboratory is proven to be of sufficient reliability and does not confirm the finding of the initial test performed by the Commission chemist and in the absence of other independent proof of the administration of a prohibited drug of the horse in question, it shall be concluded that there is insubstantial evidence upon which to charge anyone with a violation. (l) The Commission veterinarian shall be responsible for safeguarding all specimens while in his possession and shall cause the specimens to be delivered only to the Commission chemist as soon as possible after sealing, in a manner so as not to reveal the identity of a horse from which the sample was taken. (m) If an Act of God, power failure, accident, strike or other action beyond the control of the Commission occurs, the results of the primary official test shall be accepted as prima facie evidence. DRAFT - CHANGES FROM 3/10/97 BOARD MEETING DELAWARE STATE EXAMINING BOARD OF PHYSICAL THERAPY RULES AND REGULATIONS SECTION 1: Scope and Objectives (sec. 2601) SECTION 2: Definitions A. Physical Therapy (sec. 2602(1) B. Physical Therapist (sec. 2602(2) C. Consultation D. Direct Supervision of a Physical Therapist with a Temporary License E. Physical Therapist Assistant (sec. 2602(3) F. Direct Supervision of a PTA G. Athletic Training H. Athletic Trainer (AT) I. Direct Supervision of AT J. Physical Therapy Aide (sec. 2615) K. Direct Supervision of an Aide L. Unprofessional Conduct (sec. 2616(8) SECTION 3: Board (sec. 2603, 2616) SECTION 4: Physical Therapists (sec. 2607a) SECTION 5: Physical Therapist Assistants (sec. 2615) SECTION 6: Athletic Trainers (sec. 2602) SECTION 7: Physical Therapy Aides (sec. 2615) SECTION 8: Admission to Practice: License by Examination (sec. 2608) SECTION 9: Continuing Education Units (sec. 2606) SECTION 10: Admission to Practice: License by Reciprocity (sec. 2610) SECTION 11: Temporary Licensure (sec. 2611) SECTION 12: Foreign Trained Applicant for Licensure (sec. 2606(b)(2) SECTION 13: Reactivation of Licensure (sec. 2607b) SECTION 14: Disciplinary Action (sec. 2616) RULES AND REGULATIONS SECTION 1: SCOPE AND OBJECTIVES Under 24 Del.C. Chapter 26 (The Practice Act), a State Examining Board of Physical Therapists is created to meet the following objectives: A. to protect the general public, B. to maintain minimum standards of practitioner competency, and C. to maintain certain standards in the delivery of service to the public. The Board regulates the practice of Physical Therapists (PTs), Physical Therapist Assistants (PTAs) and Athletic Trainers (ATs) in the State of Delaware. SECTION 2: DEFINITIONS A. The definition of "Physical Therapy" by Delaware Law is provided by the Practice Act, 24 Del.C. sec. 2602(1). Physical Therapy includes the performance and interpretation of tests and measurements of bodily function as an aid in the examination, evaluation or treatment of any human conditions. Physical therapy does not include the practice of Athletic Training as defined in Subsection 4.A., Section 2602, Chapter 26, Title 24. B. Physical Therapist or PT means a person who is licensed under Chapter 26 to practice Physical Therapy. C. Consultation (1) Consultation in direct access. A physician must be consulted if a patient is still receiving physical therapy after 30 calendar days have lapsed from the date of the initial assessment. This consultation must be documented and could take place at any time during the initial thirty day period. The consultation can be made by telephone, fax, in writing, or in person. There is nothing in these Rules and Regulations or in the Physical Therapy Law that limits the number of consultations the physical therapist can make on the patients behalf. The consult should be with the patient's personal physician. If the patient does not have a personal physician, the physical therapist is to offer the patient at lease three physicians from which to choose. The referral to a physician after the initial thirty day period must not be in conflict with Section 2616(8) of this chapter which deals with referral for profit. If no physician consult has been made in this initial thirty day period then treatment must be terminated. A patient is not to receive physical therapy from the same practitioner, for the original complaint, during the 6 months following discharge unless he or she has a physician referral. (2) Consultation with written prescription from a physician, dentist, podiatrist, or chiropractor. A prescription accompanying a patient must not be substantially modified without documented consultation with the referring practitioner. The consultation can be made by telephone, fax, in writing, or in person. D. Direct supervision in connection with a PT practicing under a temporary license means 1) a licensed PT supervisor shall be on the premises when the individual with a temporary license is practicing and 2) evaluations and progress notes written by the individual with a temporary license shall be co-signed by the licensed PT supervisor. E. Physical Therapist Assistant or PTA means a person who is licensed under Chapter 26 to assist licensed Physical Therapists. F. Direct supervision in connection with a PTA or an AT means a PT shall be on the premises at all times and see each patient. F.Supervision 19. Direct supervision in relation to a PTA with less than one (1) year experience means a PT shall be on the premises at all times and see each patient. 20. Direct supervision in relation to a PTA with one (1) year or more experience means that a PTA must receive on-site, face to face supervision at least once every fifth treatment day or once every three weeks whichever occurs first. The supervising PT must have at least one (1) year clinical experience. The PT must be available and accessible by telecommunications to the PTA during all working hours of the PTA. 3. The PT is responsible for the actions of the PTA when under his/her supervision. All supervision must be documented. G. The definition of "Athletic Training" by Delaware Law is provided by the Practice Act, 24 Del.C. sec. 2602(4). Athletic Training means and includes: (1) prevention of athletic injuries, (2) recognition and evaluation of athletic injuries, (3) management, treatment, and disposition of athletic injuries, (4) rehabilitation of athletic injuries, (5) organization and administration of athletic training programs, and (6) education and counseling of athletes regarding a program(s) of athletic training. Athletic Training shall also include prevention, conditioning, and reconditioning of non-athletic injuries as defined by law and in regulation by the Board. H. Athletic Trainer or AT means a person who is licensed under Chapter 26 and is defined by the Practice Act 24 Del.C. sec. 2602(5). I. Direct supervision in connection with an AT means a PT shall be on the premises at all times in a clinical setting and see every patient. J. On site or on premises, in connection with supervision of a PTA or AT means that the PTA or AT must be in the same physical building as the supervising PT. On site or on premises does not refer to attached buildings. J. K. Physical Therapy Aide or aide or technician means a person who performs certain routine, designated physical therapy tasks under the direct supervision of a licensed physical therapist or physical therapist assistant. There shall be documented evidence of sufficient inservice training to assure safe performance of the duties assigned to the aide. K. L. Direct supervision in connection with an aide means a licensed physical therapist or physical therapist assistant shall be personally present and immediately available within the treatment area to give aid, direction, and instruction when procedures are performed. L. M. Unprofessional Conduct. A Physical Therapist, PTA, or AT whose behavior fails to conform to legal standards and accepted standards of their profession, and who thus may adversely affect the health and welfare of the public, may be found guilty of unprofessional conduct. Such unprofessional conduct shall include, but not be limited to, the following: 1. Assuming duties within the practice of physical therapy or athletic training without adequate preparation or supervision or when competency has not been maintained. 2. The PT who knowingly allows a PTA to perform prohibited activities may be guilty of unprofessional conduct. 3. The PTA who knowingly performs prohibited activities may be guilty of unprofessional conduct. 2. 4. Performing new physical therapy or athletic training techniques or procedures without proper education and practice or without proper supervision. 3. 5. Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient. 4. 6.Inaccurate recording, falsifying, or altering a patient or facility record. 5. 7.Committing any act of verbal, physical, mental or sexual abuse of patients. 6. 8. Assigning untrained persons to perform functions which are detrimental to patient safety, for which they are not adequately trained or supervised, or which are not authorized under these Rules and Regulations. 7. 9.Failing to supervise individuals to whom physical therapy tasks have been delegated. 8. 10. Failing to safeguard the patient's dignity and right to privacy in providing services regardless of race, color, creed and status. 9. 11.Violating the confidentiality of information concerning the patient. 10. 12. Failing to take appropriate action in safeguarding the patient from incompetent health care practice. 11. 13. Practicing physical therapy as a PT or PTA or athletic training as a trainer when unfit to perform procedures or unable to make decisions because of physical, psychological, or mental impairment. 12. 14. Practicing as a PT, PTA or AT when physical or mental ability to practice is impaired by alcohol or drugs. 13. 15.Diverting drugs, supplies or property of a patient or a facility. 14. 16. Practicing physical therapy or athletic training as a PT or AT and/or practicing under the supervision of a PT as a PTA or AT when a license has expired. 15. 17.Allowing another person to use his license. 16. 18. Resorting to fraud, misrepresentation, or deceit in taking the licensing examination or obtaining a license as a PT, PTA or AT. 17. 19. Impersonating any applicant or acting as proxy for the applicant in a PT, PTA, or AT licensing examination. 18. 20. Continues to treat a patient, who initiated treatment without a formal referral, for longer than thirty days without a physician consult. 19. 21.Modifies a treatment prescription without consulting referring physician. 20. 22. Failing to comply with the Mandatory Continuing Education Requirements of 24 Del.C. sec. 2606(a)(4) and Section 9 of these rules and regulations. M. N. Examination means the approved examination (see Section 7.3). SECTION 3: THE STATE EXAMINING BOARD OF PHYSICAL THERAPISTS SECTION 3.1: The Board shall consist of nine members who shall be residents of Delaware and who shall be appointed by the Governor. A list of professional nominees shall be submitted to the Governor by the President of the Delaware Chapter of the American Physical Therapy Association (APTA). Each of the four PT Board members shall be a licensed PT, have a least three years experience immediately preceding his appointment, and be actively engaged in Physical Therapy during his/her incumbency. Three members shall be consumers, one shall be a registered PTA and one shall be a registered AT. SECTION 3.2: The Board shall be composed of a Chairperson, Vice-Chairperson, Secretary, and six members. Elections shall be held annually. SECTION 3.3: Each member of the Board shall receive compensation for each day actually engaged in the discharge of his duties. The compensation shall be a reasonable amount based on the time spent on work pertaining to the affairs of the Board in accordance with the limitations imposed by the State. SECTION 3.4: The Board shall have the authority to review, revise, adopt and administer the Rules and Regulations in accordance with the Administrative Procedures Act, and shall have the authority to perform the following: A. Approval of qualified applicants for examination and for reciprocity. B. Issuance of licenses and registrations through the Division of Professional Regulation to Applicants who are qualified under these Rules and Regulations. C. Refer to the Division of Professional Regulation and assist in the investigation of individuals who are charged with violation of legal, moral, or ethical propriety. The Board may refuse to grant or may revoke a PT, PTA or AT license if the PT, PTA or AT: 1. has found to misuse drugs or alcohol; 2. has been convicted of a state or federal law related to the use, sale or possession of drugs; 3. has obtained or attempted to obtain a license by fraud or material misrepresentation; 4. is guilty of any act derogatory to the standing and ethics of the profession of Physical Therapy or athletic training; 5. is unable to practice as a competent PTA, AT or Physical Therapist because of a physical or mental condition; 6. is guilty of unprofessional conduct; 7. otherwise violates 24 Del.C. Chapter 26. D. The Administrative Assistant provided to the Board by the Division of Professional Regulation shall maintain the meeting records and a register of current valid licenses which shall be available for public examination. The Administrative Assistant shall also keep other records pertinent to the operation of the Board. E. Communication with the Delaware Chapter of the APTA. The Chairperson shall represent the Board at the Chapter's official meeting. The AT member shall represent the Board at NATA's official meeting. F. Performance of all other necessary acts consistent with the Law to administer these Rules and Regulations and enforce 24 Del.C. Chapter 26. G. Specific duties of the officers: The Chairperson: 1. Shall call meetings of the Board at lease twice a year. A majority of the Board shall have the authority to call a meeting. 2. Shall arrange for the location of the examination and appoint a proctor with the approval of the Division of Professional Regulation. 3. Shall represent the Board in all official functions and act as Board spokesperson. The Vice-Chairperson: 1. Shall substitute for the Chairperson during the officer's absence. 2. Shall maintain a file on amendments to the regulations. 3. Shall receive information (in conjunction with the Administrative Assistant). The Secretary: 1. Shall perform clerical duties of processing applications, requesting required information for reciprocity and administering the examinations. 2. Shall maintain a liaison with the Division of Professional Regulation, which provides services of printing, mailing and record keeping. 3. Shall receive information from the applicant for granting a license for the applicant. 4. Shall compile the Board's decisions and take action on the decisions as the Board requests. 5. Shall be responsible together with the Division of Professional Regulation for the preparation, communication, and distribution of official forms used in the operations of the Board. 6. Shall arrange reviews of foreign-trained applicants. SECTION 4: PHYSICAL THERAPISTS SECTION 4.1: The Physical Therapy license issued to qualified professionals does permit them to treat any person. SECTION 5: PHYSICAL THERAPIST ASSISTANTS SECTION 5.1: The PTA may treat patients only under the direct supervision direction of a PT as defined in Section 2.F. The PTA may perform physical therapy procedures and related tasks that have been selected and delegated by the supervising PT. The PTA may administer treatment with therapeutic exercise, massage, mechanical devices, and therapeutic agents that use the properties of air, water, electricity, sound or light. The PTA may make minor modifications to treatment plans within the predetermined plan of care, assist the PT with evaluations, and document treatment progress. The ability of the PTA to perform the selected and delegated tasks shall be assessed by the supervising PT. The PTA shall not perform interpretation of referrals, physical therapy evaluation and reevaluation, major modification of the treatment plan, final discharge of the patient, or therapeutic techniques beyond the skill and knowledge of the PTA or without proper supervision. SECTION 6: ATHLETIC TRAINERS SECTION 6.1: The athletic trainer functioning in the non-clinical setting may evaluate, treat, and provide appropriate first aid to injuries incurred by the athlete during participation in or training for scholastic, professional, or sanctioned amateur athletic activities. All treatments for injuries to athletes require a physician's referral, except for minor sprains, strains, and contusions, first aid excluded. Evaluation and/or treatment by the athletic trainer to supportive staff, spectators, and other persons other than the athlete shall be limited to first aid. An athletic trainer functioning in a clinical setting may use therapeutic exercises and modalities such as heat, cold, light, air, massage, water, sound, and electricity, for the treatment of musculoskeletal injuries. The athletic trainer may also provide first aid in the clinical setting. All treatment by the athletic trainer in a clinical setting must be performed while under the direct, on-site supervision of a physical therapist. The AT may make minor modifications to treatment plans within the predetermined plan of care, assist the PT with evaluations, and document treatment progress. The ability of the AT to perform the selected and delegated tasks shall be assessed by the supervising AT. The athletic trainer in a clinical setting may not independently initiate, modify, or discharge a patient's program. SECTION 6.2: The PT who knowingly allows an AT to perform prohibited activities may be guilty of unprofessional conduct. SECTION 6.3: At no time may a PT supervise more than 2 PTAs, 2 ATs or 1 PTA and 1 AT. A PT may only supervise 1 PTA off site. ATs must be supervised on site. SECTION 7: PT AIDES SECTION 7.1: Treatments which may be performed by aides under direct supervision are: A. gait practice and ambulation B. functional activities C. transfers D. routine follow-up of specific exercises E. hot or cold packs F. whirlpool/Hubbard tank G. contrast bath H. infrared I. paraffin bath J. developmental stimulation K. ultra sound SECTION 7.2: Exceptions - An aide may perform: A. non-treatment related activities, such as secretarial, clerical, and housekeeping duties without direct supervision, B. patient related activities that do not involve treatment, including transporting patients, undressing and dressing patients, and applying assistive and supportive devices without direct supervision, and C. set up and preparation of patients requiring treatment using PT modalities. SECTION 7.3: Prohibited Activities - An aide may not perform: A. evaluation, or B. treatments other than those listed in Section 7.1. SECTION 7.4: The PT or PTA who knowingly allows a PT aide to perform prohibited activities may be guilty of unprofessional conduct. SECTION 7.5: An aide who violates these regulations shall be considered by the Board to be practicing in violation of the Practice Act. SECTION 8: ADMISSION TO PRACTICE: LICENSE BY EXAMINATION SECTION 8.1 Applications, copies of the Rules and Regulations, and copies of the Practice Act are available from the Division of Professional Regulation. SECTION 8.2: Applicants for PT or PTA licensure shall not be admitted to the examination without the submission of the following documents four weeks prior to the examination date: A. Professional Qualifications - proof of graduation (official transcript) from an educational program for the PT or PTA which is accredited by the appropriate accrediting agency as set forth in the Practice Act. If the applicant graduated from a school prior to 1936, the school shall have been approved by the APTA at the time of graduation. B. A fee in check or money order payable to the State of Delaware (Appendix I: Fee Schedule). C. A completed application form. (Appendix II: Application Form). SECTION 8.3: The Board shall conduct examinations at least twice a year for PTs and PTAs. Any United States citizen applicant taking the PT or PTA exam must show legal proof of identity, such as a driver's license or passport. The proof of identity must have a picture and signature. The Board may use the PT and PTA examination endorsed by the APTA, the Federation of State Boards of Physical Therapy or National Athletic Trainers Association. AT candidates must pass the Certification Examination endorsed by National Athletic Trainers' Association (NATA). Uniform national test dates will be used if available. SECTION 8.4: All applicants for licensure as a PT or PTA must successfully pass the examination described in Section 8.3 in order to become eligible for licensure. The Board will adopt the criterion-referenced passing point recommended by the Federation of State Boards of Physical Therapy. The passing score for each examination shall be determined by the Board point shall be set to equal a scaled score of 600 based on a scale ranging from 200 to 800. All sections of the examination shall be passed. In case of failure, the applicant may take a second examination after submitting the applicable fee. Only sections failed must be repeated. The second examination shall be taken after six months and within two years from the date of the first examination. If the applicant fails any subsequent examination, the applicant must show satisfactory proof to the Board that he/she has taken Board approved corrective action (e.g. refresher course) before being allowed to take the examination again. SECTION 8.5: Applicants for licensure as an AT must submit to the Board the following: A. Professional Qualifications - proof of graduation (official transcript) from an educational program accredited by the appropriate accrediting agency. B. A passing grade on the Professional Certification Examination as determined by the National Athletic Trainers Association (NATA). C. All sections of the examination shall be passed. D. A check or money order made payable to the State of Delaware, as noted on the application form. E. The completed application form. SECTION 8.6: Licenses shall expire biennially on every odd numbered year. The following items shall be submitted upon application for renewal: A. completed renewal application form B. applicable fee, and C. for individuals seeking relicensure evidence of continuing education courses as provided by Section 9. SECTION 9: MANDATORY CONTINUING EDUCATION UNITS (CEU's) SECTION 9.1: Three CEU's are required for every biennial license renewal for Physical Therapists, Physical Therapist Assistants, and Athletic Trainers. The CEU's reports will be randomly audited CEU Continuing Education Unit Activity Record (CEUAR) credits shall be received at the Division of Professional Regulation, Dover, Delaware, no later than November 1st every even numbered year and shall be received every 2 years after such date. SECTION 9.2: Individuals shall maintain the following items in order to receive credit for CEU's: A. name of applicant at seeking renewal B.license classification (PT, PTA, AT) B. C. license number of applicant C. D. proof of attendance at CEU course D. E. date of CEU course E. F. instructor(s) of CEU course F. G. sponsor of CEU course G. H. title of CEU course H. I. number of hours of CEU course SECTION 9.3: Continuing Education Regulations, 24 Del.C. sec. 2607. Licenses shall expire biennially on January 1st and may be renewed upon submission of a renewal application provided by the Board and payment of a renewal fee along with evidence of continuing education courses as may be required by the Rules and Regulations set forth by the Board. Each licensed Physical Therapist, Physical Therapist Assistant and Athletic Trainer is responsible for continuing his/her education so that professional skills are maintained in accordance with the advancement of the profession. The purpose of this is to help Physical Therapists, Physical Therapist Assistants and Athletic Trainers become more effective and efficient in achieving their objectives. A. For a licensee to renew a license, documentation of three continuing education units over the two year period immediately preceding application are required for renewal. CEU requirements shall be prorated for new licensees if application is made by examination only. If the license is granted during the six month period shown below, the following will be required for renewal: Odd Numbered Year Even Numbered Year 1/1- 6/30 2.5 CEUs 1/1- 6/30 1.5 CEUs 7/1-12/31 2.0 CEUs 7/1-12/31 .5 CEUs Applicants who are issued licenses via endorsements will be required to complete the full requirements for continuing education units prior to the next renewal time. B. One CEU will be given for every 10 hours of an approved continuing education course. (1 contact hour = .1 CEU). Each course must be in a field of health care relevant to include topics relevant to the field of health care as it pertains to Physical Therapy or Athletic Training. Approval of CEU's shall be within the discretion of the State Examining Board of Physical Therapists. Sponsors and licensees shall receive prior written approval of CEU courses from the Board. Continuing education units that have been previously approved during the current licensing period by another agency such as a national governing body or a fellow state licensing board shall be acceptable to the Examining Board for the State of Delaware as appropriate CEU's. Any sponsors or licensees wishing to receive prior written approval of CEU courses from the Examining Board must complete a CEU Application Form. CEU requirements may not be carried over from one biennial period to the next one. C. At the time of license renewal, the appropriate forms will be supplied by the Board. (Appendix III: CEU Form). Proof of attendance shall be enclosed by the licensee when requested by the Board. While course brochures may be used to verify contact hours, they are not considered to be acceptable proof for use of verification of course attendance. The CEU Activity Record (CEUAR) must be received by the Board no later than 60 days prior to license expiration. All licensees must complete and submit to the Board the CEUAR. If randomly selected, the licensee must submit documentation of the CEU's. All questionable CEUAR's will be investigated re-evaluated. D. The Board shall not issue a permanent license to any licensee who has failed to complete his/her CEU requirement. The Board may issue a temporary license to an individual who has failed to complete his CEU requirement which may be valid for a maximum of six months. A PT, PTA or AT who has failed to complete his/her DEU obligation in a timely fashion may complete such obligation while holding a temporary license. After six months, a permanent license will be reissued after the submission of proof that the requried CEUs were completed and a new application fee and form are submitted. In the event a licensee shall fail to complete the required credits at the end of the applicable period, the Board may withhold issuance of a permanent license unless the CEUAR required by Section 9.3. C. is accompanied by a specific plan for making up the deficiency of necessary credits within 120 days after the date the CEUAR is signed by the licensee. The plan shall be deemed accepted by the Board unless within 60 days after the receipt of the CEUAR the Board notifies the licensee to the contrary. Full completion of the licensee's plan shall be reported by CEUAR not later than 15 days following the end of the 120 day period. Failure to complete the specific plan within the 120 day period may result in the Board suspending the license issued, following a hearing pursuant to the Administrative Procedures Act, for unprofessional conduct as defined by Section 2.M. 22. E. The Board has the power to waive any part of the entire CEU requirement. Exemptions to the CEU requirement may be granted due to prolonged illness or other incapacity. Application for exemption shall be made in writing to the Board by the applicant for renewal and must be received by the Board no later than November 1st of the end of the respective CEU term. The Board will decide the merits of each individual case. F. CEU's may be earned through Board approved courses in colleges and universities, extension courses, independent study courses, workshops, seminars, conferences, lectures, videotapes, professional presentations and publications, and inservices oriented toward the enhancement of their respective professional's practice. CEU programs shall be conducted under responsible sponsorship, capable direction and qualified instruction. The program may include staff development activities of agencies and cross-disciplinary offerings. , but may not be of a narrow procedural or administrative nature. G. Examples of acceptable continuing education which may be approved by the Board fall under the following categories: 1.Approved continuing education courses/workshops/seminars/inservices. 2. professional meeting-chapter educational meetings, national conferences, nedically oriented programs, etc. (Proof of attendance) 3. university/college courses 4.passing licensing examination (1.5 CEUs) 5. approved self studies (not to exceed 1.0 CEUs) (It is the candidates responsibility to secure all documentation). 6.First time presentation of professional-oriented course. 1. professional meetings*. To include: national, state, chapter (not to exceed 2.0 CEU's) 2.seminars/workshops* (not to exceed 2.5 CEU's) 3. university/college courses 1.0 CEU for semester 0.8 CEU for trimester 0.7 CEU for quarter 4. staff/faculty inservices* (not to exceed .5 CEU's) 5. passing of licensing examination (1.5 CEU's) 6. first time presentation of professionally oriented course/lecture* (0.3 CEU/hour, not to exceed .6 CEU's per presentation, not to exceed 1.2 total) 7.original publication in peer reviewed publication (.3 CEU's) 8. original publication in non-peer reviewed publication (.1 CEU's) 9.approved self studies*. To include: (not to exceed 1.0 CEU's) videotapes, if: - there is a sponsoring agency - there is a facilitator or program official present - the program official is not the only attendee - correspondence course, if: includes certificate of completion by sponsoring agency (not to exceed 1.0 CEU's) 10. Holding of an office, to include: - executive officer's position for the national or state professional associations (Pres, VP, Sec, Treas) - member, Examining Board of Physical Therapy (.3 CEU's) 11. Acting as the direct clinical instructor providing supervision to a PT, PTA or AT student officially enrolled in an accredited institution during an internship (40 contact hours = .1 CEU, not to exceed .5 CEU's * The Board will determine the appropriate number of contact hours. At least two CEUs from category 2 is required biennally. Questions and concerns should be directed in writing to the State Examining Board of Physical Therapists, Division of Professional Regulation. SECTION 10: ADMISSION TO PRACTICE Licensure/Registration by Reciprocity : Definition - The granting of a license or registration to an applicant who meets all the requirements set forth in this section and who holds a valid current license/registration in another state, territory, or the District of Columbia. SECTION 10.1: The reciprocity applicant shall submit the documentation listed in Section 8.2 or 8.5. SECTION 10.2: The reciprocity applicant shall submit proof that he/she is currently licensed or registered as a PT, PTA or AT by a regulatory body of another state, territory or the District of Columbia, including a copy of his valid current license/registration issued by such regulatory body; and that the standards for licensure or registration by such regulatory body were substantially equivalent to the standards for licensure in Delaware at the time of the applicant's licensure. An applicant shall be deemed to have satisfied this Section upon evidence satisfactory to the Board that he has complied with the standards set forth below: A. The PT or PTA applicant has passed the examination in the state, territory, or the District of Columbia in which he/she was initially licensed/registered. The passing score shall be 1.5 standard deviation below the national norm for those PTs and PTAs having taken the examination prior to 1990. For the AT candidate, the passing score shall be that which was established at time of examination. All sections of the examination shall be passed. The reciprocity applicant shall supply his/her examination scores to the Board. The applicant may obtain his/her scores from the regulatory body of the state, territory, or the District of Columbia in which he/she was currently licensed/registered or from the Interstate Reporting Service (IRS). From PT applicants who were licensed/registered by a state, territory, or the District of Columbia only prior to 1963, the Board shall accept the following: 1. Professional Examination Service-American Physical Therapy Association (PES-APTA) examination scores with a passing grade of 1.5 standard deviation below the national norm on all sections, or 2. other examining mechanisms which in the judgment of the Board were substantially equal to the mechanisms of the State of Delaware at the time of examination. SECTION 10.3: The AT seeking reciprocity shall meet all criteria in Section 8.5. SECTION 11: TEMPORARY LICENSURE (four situations) (Appendix V: Temporary License Form) A. PT and PTA applicants waiting to take the examination. The Board may issue a temporary license to applicants who have submitted to the Board the documents listed in Section 8.2 and Section 8.5 respectfully who have been determined by the Board to be eligible to take the examination. The Board shall accept a letter signed by the applicant's school official stating that the applicant has completed all requirements for graduation; provided, however, that the applicant shall submit to the Board an official transcript as soon as it becomes available. Such applicants may practice only under the direct supervision of a licensed Physical Therapist. The license shall remain effective for two months after the examination date. It shall automatically expire upon notice to the applicant of his/her failure to pass the license examination. After the applicable fee and written application have been submitted, the Board may renew the temporary license if the applicant is eligible to retake the examination. The temporary license of an applicant who has passed the examination may be extended at the discretion of the Board chair or other officer, upon a showing of extenuating circumstances pending the next scheduled Board meeting. B. Applicants requesting reciprocity as a PT, PTA, and AT. The Board may issue a temporary license to an applicant upon the applicant's compliance with all requirements listed in Section 8.2 and 8.5, provided that submission of the applicant's examination scores shall not be required. The temporary license shall not be renewable. The temporary licensee may practice only under the direct supervision of an applicable licensed professional. C. Applicants engaged in a Special Project. The Board may issue a temporary license to applicants practicing in the State on a temporary basis in order to: 1) assist in a medical emergency, or 2) engage in a special project or teaching assignment, provided that the applicant complies with the requirements of Section 8.2 or 8.5. The temporary license may remain in effect for a maximum of one year from the date of issuance. It may be renewed once. 1. An AT certified by NATA, or licensed by the State where the professional is employed may practice athletic training in Delaware, if he/she is in Delaware with a visiting team, or an athlete, and only in a non- clinical setting. D. Applicants who have failed to complete the CEU requirements. The Board may issue a provisional license to a PT, PTA or AT who has failed to complete his CEU requirement in a timely fashion for good cause but is otherwise eligible for relicensure. The provisional license is not renewable. SECTION 12: FOREIGN TRAINED APPLICANT FOR LICENSURE Applicants for licensure who are graduates of a PT, PTA school or AT program located in a foreign country shall complete all of the following requirements before being admitted to the examination. SECTION 12.1: The applicant shall submit proof satisfactory to the Board of graduation from an education program appropriate to their profession in a foreign country. The foreign trained candidate must also submit proof that he/she has met all the qualifications for licensure and has been licensed as a physical therapist in the country of education. The program shall have a curriculum determined by the Board to be equivalent to the curriculum required by the appropriate accrediting agency recognized by the U.S. Commissioners of Education and/or the Council on Postsecondary Accreditation. Each foreign applicant must demonstrate that they have met the minimum education requirements as presented by the Federation of State Boards. See addendum. The applicant shall arrange and pay for a credential evaluation of such foreign school's program to be completed by one of three independent agencies: International Educational Research Foundation, Inc. P.O. Box 24679 Los Angeles, CA 90024 International Consultants of Delaware, Inc. 5 Barksdale Road Newark, DE 19711 Educational Credential Evaluators, Inc. P.O. Box 92970 Milwaukee, WI 53202-0970 SECTION 12.2: The applicant shall complete the requirements of Section 8.2 or 8.5. SECTION 12.3: The applicant shall pass the examination described in Sections 8.3 and 8.4. SECTION 13: THE BOARD SHALL KEEP AN INACTIVE REGISTER. Any person who has been registered in the State and is neither residing within the State nor actively engaged in the practice of physical therapy in the State may at their request be placed on the inactive register. The Board may reactivate an inactive license upon receipt of the following: A. a written request for reactivation; B. the applicant for licensure as a PT, PTA or AT that has been actively engaged in the practice for the past five years. The applicant for registration as a PTA has been actively engaged in the assistance of a licensed PT for the past five years. If the applicant for licensure/registration has not met this condition, the following requirements shall be completed: 1. he/she shall work under the direct supervision of a PT/AT in Delaware for a minimum of six months. The supervising PT/AT shall certify to the completion of the six month applicant's clinical competence on forms supplied by the Board (Appendix IV); C. Applicable renewal fee; D. notice of intent to resume practice of Physical Therapy in Delaware, and E. proof of completion of 1.5 CEUs during the previous 12 months. SECTION 14: DISCIPLINARY ACTION SHALL BE TAKEN ACCORDING TO TITLE 29, CHAPTER 88. Adopted: 4/11/96 ADDENDUM FOR CONTINUING EDUCATION SECTION 9 : CONTINUING EDUCATION NAME:PT, PTA, ATC (Please circle one) LICENSE #SEND TO:Board of Physical Therapy Cannon Building, Suite 203 P.O. Box 1401 Dover, DE 19903 Date Title Presenter Clock Hours Sponsor Other Information ADDENDUM FOR SECTION 12: EVALUATION CHECKLIST NAME: GENERAL EDUCATION A MINIMUM OF FIFTY (50) SEMESTER HOUR CREDITS IS REQUIRED IN THIS AREA HUMANITIES One Course Minimum CREDITS COMMENTS a. Enclish* b. English Composition* c. Speech or oral Communication d. Foreign language other than native Language e. Literature f. Art g. Music h. i. *If no credits in English are provided, the applicant must demonstrate proficiency. PHYSICAL SCIENCE: One course in chemistry and one course in physics is required CREDITS COMMENTS a. Chemistry, organic with laboratory b. Chemistry, inorganic with laboratory c. Physics with laboratory d. Geology e. Astronomy f. g. BIOLOGICAL SCIENCES: One Course Minimum CREDITS COMMENTS a. Biology b. Anatomy c. Physiology d. Zoology e. Kinesiology f. Neuroscience g. Genetics h. i. SOCIAL SCIENCES: One Course Minimum CREDITS COMMENTS a. History b. Geography c. Sociology d. Government e. Religion f. Political Science g. h. BEHAVIORAL SCIENCE: One Course Minimum CREDITS COMMENTS a. Psychology b. Anthropology c. Philosophy d. Ethics e. f. MATHEMATICS: One Course Minimum CREDITS COMMENTS a. Statistics b. Algebra c. Pre-Calculus d. Calculus e. Trigonometry f. Geometry g. h. TOTAL GENERAL EDUCATION CREDITS: PROFESSIONAL EDUCATION A MINIMUM OF SIXTY (60) SEMESTER HOUR CREDITS IS REQUIRED IN THIS AREA BASIC HEALTH SCIENCES: One Course Required Each a. - f. CREDITS COMMENTS a. Human Anatomy (Specifis to physical Therapy) b. Human Physiology (Specific to physical therapy) c. Neurological Sciences d. Kinesiology/Functional Anatomy e. Abnormal or developmental psychology f. Pathology g. h. CLINICAL SCIENCES: CREDITS COMMENTS A. clinical medicine pertinent to physical therapy. This should include but not be limited to: 1. Neurology 2. Orthopedics 3. Pediatrics 4. Geriatrics 5. 6. B. Physical therapy course work to include but not limited to: 1. Physical Agents 2. Musculoskeletal Assesment and Treatment 3. Neuromuscular Assessment and Treatment 4. Cardiopulmonary Assessment and Treatment 5. 6. CLINICAL EDUCATION: CREDITS COMMENTS a. Two affiliations, total 800 hours (CLINICAL EDUCATION MUST INCLUDE PHYSICAL THERAPIST SUPRVISED DEMOSTRATED APPLICATION OF PHYSICAL THERAPY THEORIES, TECHNIQUES AND PROCEDURES. A MINIUM OF TWO CLINICAL AFFILIATIONS OF NO LESS THAN 800 HOURS TOTAL IS REQUIRED.) RELATED PROFESSIONAL COURSES: Three Courses Minimum CREDITS COMMENTS a. Professional Ethics b. Administration c. Community Health d. Research e. Educational Techniques f. Medical Terminology g. h. TOTAL GENERAL EDUCATION CREDITS: TOTAL PROFESSIONAL EDUCATION CREDITS: TOTAL CREDITS (120 MINIMUM): FINAL REGULATIONS BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF DELAWARE IN THE MATTER OF THE PROMULGATION| OF RULES REGARDING THE DISCOUNTS| FOR INTRASTATE TELECOMMUNICATIONS| PSC REGULATION DOCKET NO. 47 AND INFORMATION SERVICES PROVIDED | TO SCHOOLS AND LIBRARIES| (OPENED JUNE 17, 1997)| ORDER NO. 4555 This 15th day of July, 1997, the Commission finds, determines, and Orders: 1.In PSC Order No. 4524 (June 17, 1997), the Commission proposed to adopt rules governing the discounts to be available to eligible schools and libraries for the purchase of intrastate telecommunications services. See 47 U.S.C.  254(h)(1)(B). The proposed rules incorporate the discount matrix adopted by the Federal Communications Commission ("FCC") for interstate telecommunications and other additional services provided to eligible schools and libraries. See Federal-State Board on Universal Service, CC Dckt. No. 96-45, Report and Order, FCC 97-157 (rel. May 8, 1997) (62 Fed. Reg. 32862) ("the Universal Service Order"). The Commission's proposed rules also set forth implementing procedures similar to those adopted by the FCC. The Commission proposed the new rules, with the discount matrix, because the FCC's Universal Service Order requires a state to adopt a discount for intrastate services as deep as the federally prescribed one in order for schools and libraries in that state to receive support, for both interstate and intrastate services, from the federal Universal Service fund. 47 C.F.R.  54.505(e)(1). 2.Because federal support will be provided to schools and libraries nationwide under a first-come, first-served application process, the Commission sought to adopt the rules promptly to allow Delaware schools and libraries to make timely applications for support. Thus, in compliance with 29 Del. C.  1133 & 10115, the Commission caused notice of the proposed rules to be published in the Delaware Register of Regulations and caused notice of a public hearing to be published in two newspapers of general circulation. However, due to the time requirements surrounding the promulgation of regulations, it would appear that a final adoption of the proposed rules cannot occur until mid- September, 1997. 3.On July 9, 1997, the Governor signed House Joint Resolution No. 9. This resolution authorizes the Commission to adopt discounts for telecommunications services provided to eligible schools and libraries for purposes of the receipt of federal universal service support. It also specifically releases the Commission from the procedures set forth in 29 Del. C.  1133 & 10115 in adopting those discounts. 4.The Commission believes that the intent of House Joint Resolution No. 9 was to allow this Commission to adopt discounts for eligible schools and libraries on an expedited basis so that our State's schools and libraries would not be delayed in applying for universal service support. In light of such direction, the Commission now decides to adopt the discount matrix set forth in the proposed rules without awaiting the public hearing and the close of the comment period ordered in PSC Order No. 4524. This prompt adoption of the discount matrix will ensure that schools and libraries in this State will have the opportunity to file for universal service support at the time the federal support administrator begins to accept applications. The Commission believes that the adoption of the discount matrix by this Order will satisfy the requirements of 47 C.F.R.  54.505(e)(1). 5.At the same time, the Commission will continue the scheduled comment and hearing proceedings and may, after the receipt of such comments and the conclusion of the hearing, alter or amend the proposed rules based on the testimony and materials submitted. Now, therefore, IT IS ORDERED: 1.That, pursuant to 47 U.S.C.  254(h)(1)(B) and House Joint Resolution No. 9 of the 139th General Assembly, the following matrix shall be the discount rate to be applied to eligible intrastate services and facilities purchased by eligible schools, school districts, libraries, or library consortia based on the institution's level of poverty and location. SCHOOLS & LIBRARIES DISCOUNT MATRIX DISCOUNT LEVEL HOW DISADVANTAGED? urban discount rural discount % of students eligible for national school lunch program < 1 20 25 1-19 40 50 20-34 50 60 35-49 60 70 50-74 80 80 75-100 90 90 Schools and libraries located in New Castle County and Kent County are designated as urban. Schools and libraries located in Sussex County are designated as rural. The above discounts shall be applicable only for the receipt of support from a universal service fund. 2.That the procedures set forth in PSC Order No. 4524 (June 17, 1997) shall continue to be followed and the designated Hearing Examiner shall endeavor to submit his report for Commission review by August, 1997. Interested persons shall still submit comments by July 31, 1997, and may present comments and testimony at the public hearing scheduled for August 1, 1997. The Commission reserves the right to make such modifications, amendments, and revisions to the above matrix and the rules proposed in PSC Order No. 4524 as a result of the comments and public hearing. Pursuant to the authority granted by House Joint Resolution No. 9, the Commission may do so without any further, additional publication of such changes in the Delaware Register of Regulations or in newspapers of general circulation. 3.That the Secretary shall mail or deliver a copy of this Order to: (1) the Secretary of Education; (2) the State Librarian; (3) the Executive Director of the Office of Information Systems; (4) the Executive Director of the Delaware Center for Educational Technology; (5) the Public Advocate; and (6) all persons who have made a timely request for advance notice of rule-making proceedings. 4. That the Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper. BY ORDER OF THE COMMISSION: ______________________________ Chairman ______________________________ Vice Chairman ______________________________ Commissioner ______________________________ Commissioner ______________________________ Commissioner ATTEST: ___________________________ Secretary THE DELAWARE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS RULES AND REGULATIONS ENACTED BY THE STATE OF DELAWARE TITLE 24, CHAPTER 52 AN ACT PROVIDING FOR THE APPOINTMENT OF A STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS, DEFINING ITS POWERS AND DUTIES: REGULATING THE PRACTICE PROVIDING FOR THE LICENSING OF SUCH AND PRESCRIBING PENALTIES FOR ANY VIOLATIONS OF THIS ACT, TITLE 24, CHAPTER 52. Rules and Regulations Board of Examiners of Nursing Home Administrators Rule 1. Source of Authority: 24 Delaware Code, Chapter 52 The Rules and Regulations herein contained constitute, comprise, and shall be known as the Rules and Regulations of the Board of Examiners of Nursing Home Administrators of the State of Delaware, and are hereby promulgated, pursuant to the authority granted to and imposed upon the said Board under and pursuant to the provisions of the State Licensing Statute, 24 Delaware Code, Chapter 52. Rule 2. General Definitions. E. Whenever used in these Rules and Regulations unless expressly otherwise stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated. 1. The term "Board" means the Delaware State Board of Examiners of Nursing Home Administrators. 2. The term "Nursing Home Administrator" means the individual responsible for planning, organizing, directing and controlling the operation of a nursing home, or who in fact performs such functions, whether or not such functions are shared by one or more other persons, and who is duly licensed by the Board. 3. The term "Nursing Home Administrator-In-Training" means an individual registered as such with the Board, under direct supervision of a currently licensed Delaware Nursing Home Administrator in the Sponsoring Facility (Spons), and/or Skilled Nursing Facility (SNF), and/or Assisted Living Facility (AL). 4. The term "Practice of Nursing Home Administration" means the performance of any act or the making of any decision involved in the planning, organizing, directing and/or controlling of a nursing home. 5. The term "Nursing Home" means any institution, building or agency in which accommodation is maintained, furnished or offered for any fee, gift, compensation or reward, for the care of more than four aged, infirm, chronically ill or convalescent persons, that is duly licensed by the State Division of Public Health. 6. The term "Person" means an individual and does not include the terms: firm, corporation, association, partnership, institution, public body, joint stock association or any other group of individuals. 7. Term "Preceptor" means an individual who currently has a Delaware Nursing Home Administrator license and is employed in a Skilled Nursing Facility (SNF) or Assisted Living Facility (ALF). Rule 3.Board Meetings. A. The Board may meet at least every other month, with location and dates set by the President, in accordance with the Freedom of Information Act. B. The President, or other presiding officer of the Board, may call special meetings of the Board when necessary, upon a minimum of 24 hours notice. Rule 4.General Powers. A. The Board shall exercise such powers as provided by the Laws of this State pertaining to the licensing and registration of Nursing Home Administrators. A majority of the Board shall constitute a quorum and no action shall be taken without the affirmative vote of five members of the Board. B. The Board may seek counsel and advice from appropriate State Agencies, as needed. C. From time to time, the Board shall make and publish such Rules and Regulations, not inconsistent with the Law, as it may deem necessary and proper for the execution and enforcement of the Law and Rules and Regulations governing the licensing and registration of Nursing Home Administrators. D. The Board shall exercise quasi-judicial powers, not inconsistent with the law. Rule 5.Officers and Duties. A. The Board shall elect annually from its membership a President, Vice President, and Secretary. B. The President shall preside at all meetings of the Board and shall sign all official documents of the Board. In the absence of the President, the Vice President shall preside at meetings and perform all duties usually performed by the President. Rule 6.Scheduling of Examinations and Re-Examinations. Examinations will be administered on the second Thursday of January, April, July and October of each year in Dover. Rule 7. Pre-Examination Requirements; Conditions Precedent. The Board shall admit to examination for licensure as a Nursing Home Administrator, any candidate who meets the qualifications or demonstrates to the satisfaction of the Board that within 30 days after the examination he/she will meet the following standards: A. Is at least 21 years of age. B.Shall meet the requirements of 1 or 2 or 3 set forth below: 1. Possesses a baccalaureate or graduate degree in Health & Health Services, Hospital Administration or Business Administration and, a.has three months experience as a Nursing Home Administrator or b. has successfully completed six months in a pre-approved Nursing Home Administrator-In-Training Program under Direct supervision of the applicant's Preceptor(s) (this program will include all subjects as listed in Rule 10, Content of the Administrator-In-Training Program) or c. has demonstrated administrative experience as the Board deems sufficient, or 2. Possesses a baccalaureate or graduate degree in a specialty other than Health & Human Services, Hospital Administration or Business Administration and, a.has six months experience as a Nursing Home Administrator or b. has successfully completed nine months in a pre-approved Nursing Home Administrator-In-Training Program under Direct supervision of the applicant's Preceptor(s) (this program will include all subjects as listed in Rule 10, Content of the Administrator-In-Training Program) or c. has demonstrated administrative experience as the Board deems sufficient, or 3. Possesses an associate degree or a current Delaware license as a Registered Nurse and, a.has twelve months experience as a Nursing Home Administrator or b. has successfully completed twelve months in a pre-approved Nursing Home Administrator-In-Training Program under Direct supervision of the applicant's Preceptor(s) (this program will include all subjects as listed in Rule 10, Content of the Administrator-In-Training Program) or c. has demonstrated administrative experience as the Board deems sufficient to satisfy this requirement. C.In addition to the degree requirements listed in Rule 7., 1. has completed a course of study administered by an accredited educational institution, provided that both the course of study and the educational institution has been pre-approved by the Board as providing adequate academic preparation for nursing home administration, or 2. has demonstrated comprehensive experience and education which the Board deems sufficient to satisfy this requirement. Rule 8.Application for Examination. A. An applicant for examination and qualification for a license as a Nursing Home Administrator shall make application in writing, on forms provided by the Board, and shall furnish evidence satisfactory to the Board that he/she has met the pre-examination requirements as provided for in the State Licensing Statutes and Rule 7 of these Rules and Regulations. B. To establish suitability and fitness to qualify for a license as a Nursing Home Administrator, as required by the State Licensing Statute, prior to being submitted to examination for licensure as a Nursing Home Administrator, the applicant shall furnish evidence satisfactory to the Board of ability to perform the essential functions of a licensed Nursing Home Administrator. Some examples of essential functions of a Nursing Home Administrator are: 1. Ability to demonstrate understanding and communicate general and technical information necessary to the administration and operation of a nursing home with or without reasonable accommodation i.e., applicable health and safety regulations, and 2. Ability to assume responsibilities for the administration of a nursing home as evidenced by prior accredited activities and evaluation of prior services and evidence secured by the Board, and 3. Ability to relate the physical, psychological, spiritual, emotional and social needs of ill and/or aged individuals to the administration of a nursing home and to create the compassionate climate necessary to meet the needs of the patients therein with or without reasonable accommodation, and 4. Thorough knowledge and demonstrated understanding of the subjects as incorporated in the list of Rule 10. C. The basic requirements for suitability set forth herein are to be considered minimal and may not be waived. Rule 9.Conditional Admission to Examination; Disqualification; Re-Examination. A. An applicant for examination who has been disqualified shall be given written notification by certified mail of his/her disqualification and the reason therefore and the applicant's right to a hearing. B. All proceedings shall be conducted according to the Administrative Procedures Act. C. Where an applicant for examination has been disqualified, he/she may submit a new application for qualification for examination provided, however, that he/she shall be required to meet the requirements for licensing as shall be in force at the time of such reapplication. Rule 10.Content of the Administrator-In-Training Program. A. Every Administrator-In-Training (AIT) program shall be approved by the Board and shall be conducted under the direct supervision of the Pre-Approved Preceptor(s), the start date for which shall be the date of the Board's notification of preceptor(s) approval and must be completed within the allotted time (an extension may be granted upon request by either the applicant or preceptor(s) for bonafide reason(s).) So as to encourage entry to qualified Nursing Home Administrator candidates, the following AIT program (see Addendum A attached) is split between a skilled nursing facility (SNF) and an assisted living facility (AL) and the sponsoring facility (Spons), so called because it is generally the applicant's employer and could be either SNF or AL. If the Spons is SNF, the Board will require at least 5% of the program be completed in a AL; if the Spons is AL, the Board will require at least 10% of the program be completed in a SNF, with the training for each subject of the program to be conducted in the facility identified by an "x" under the appropriate columnar heading. Since the AIT program is split between a SNF and an AL, each AIT Trainee will require a preceptor for each type of facility. Rule 11.Grading Examinations. A. Every candidate for a Nursing Home Administrator's license shall be required to pass the National Association of Boards examination (NAB). B. In the event the national examination is failed, the applicant will be notified by the Administrative Assistant. The applicant for licensure will be permitted to retake the examination a maximum of two additional times. The fee for the examination will be set by Division of Professional Regulation. The first makeup examination must be taken within three months and the second, if necessary, within the following six month period. If an applicant must take the exam for a third time, it will be necessary for the applicant, prior to taking the third examination, to spend 40 hours working in a skilled care facility, previously approved by the Board, under a Delaware licensed administrator. A passing score of seventy five percent (75%) will be required on the examination. Passing grade will: National scale-113 correct out of 150 Rule 12.Approval of Programs of Study for Licensure of a Nursing Home Administrator. Any program of study offered by an Educational Institute for the purpose of qualifying applicants for Nursing Home Administrator licensure and/or re-licensure shall be subject to the approval of the Board. Rule 13. Programs for Continuing Education Credits. A. Continuing education programs consisting of Board approved seminars, resident or extension courses, conferences and workshops totaling 48 classroom hours or more, on any of the subject areas enumerated in Paragraph B below, are required for biennial licensure of a license as a Nursing Home Administrator. A maximum of 24 additional credit hours may be carried forward into the next licensure period, however, they must be earned within the last nine months of the preceding licensure period. The following are requirements for license renewal: 1. For licenses initially authorized during the first six months of the biennial period, 36 credit hours will be required for renewal. 2. For licenses initially authorized during the second six months of the biennial period, 24 credit hours will be required for renewal. 3. For licenses initially authorized during the third six months of the biennial period, 12 credit hours will be required for renewal. 4. For licenses initially authorized during the fourth six months of the biennial period, no credit hours will be required for renewal. 5. When continuing education units are not met, there will be no extensions, absent showing hardship. B. Content of programs of continuing education shall include one or more of the following general subject areas or their equivalents: 1. Applicable standards of environmental health and safety, 2.Local health and safety regulations, 3.General Administration, 4.Psychology of patient care, 5.Principles of medical care, 6.Personal and social care, 7.Therapeutic and supportive care and services in long-term care, 8.Department organization and management, 9.Community interrelationships, and, 10.Business or financial management. C.Programs of continuing education: 1.Those conducted solely by accredited educational institutions. 2. Those conducted jointly by educational institutions and associations, professional societies or organizations other than accredited colleges or universities. 3. Those conducted solely by associations, professional societies and other professional organizations other than accredited educational institutions. 4. Those self-instruction or home study courses, video computer-assisted programs, and teleconferences, pre- approved by the Board, may be accumulated at no more than twelve hours per renewal period. D. Upon completion of an approved program of study the sponsor or sponsors of the program shall issue certificates of attendance or other evidence of attendance, satisfactory to the Board. E. Nothing contained in this rule shall preclude the Board from providing for any program of study which excludes subjects which shall be in derogation of, or in conflict with, the teachings and practices of any recognized religious faith, providing however, any applicant seeking to be entitled to be admitted to such program of study hereinunder, shall submit evidence satisfactory to the Board that he/she is in fact an adherent of such recognized religious faith. Rule 14.Licenses. A. An Applicant for license as a Nursing Home Administrator who has successfully complied with the requirements of the licensing laws and standards provided herein, passed the examination provided for by the Board and, where applicable, complied with the requirements for Nursing Home Administrator-In- Training, shall be issued a license on a form provided for that purpose by the Board, certifying that such applicant has met the requirements of the laws, rules and regulations entitling the applicant to serve, act, practice and otherwise hold the applicant out as a duly licensed Nursing Home Administrator. Unless otherwise suspended or revoked as provided in Rule 16 of these Rules and Regulations, such license, once issued, shall remain valid and active until its official expiration date as noted on such license. 1. Any licensee requesting an inactive status shall be notified the Board has no provision for such status and, therefore, the license in question shall be considered active and valid, regardless of the place of residence and/or occupation of the license holder, until its official expiration date, after which any application for reinstatement will be addressed as provided in Rule 15 of these Rules and Regulations. B.Board approval for Acting Nursing Home Administrator 1. In the event of a permanent loss of a regularly licensed Nursing Home Administrator by death, disability, resignation, dismissal and or any other unexpected cause, or due to change of ownership of the facility, the owner, governing body or other appropriate authority of the nursing home suffering such removal, may designate an Acting Nursing Home Administrator. The Board may at its discretion, issue without examination a permit for a period not to exceed nine months. Such permit will be issued to an applicant who fulfills the requirements of a and b as follows : a.Rule 7. b. Has been nominated to be the Acting Nursing Home Administrator in the particular facility which shall be identified in the application. 2. In the event of a change in the ownership of the facility, resulting in the removal of the licensed Nursing Home Administrator, the new owner, governing body or other appropriate authority of the nursing home may designate an Acting Nursing Home Administrator under the criteria in Rule 14, B1 above. C. No Board approval for acting Nursing Home Administrator shall be issued to an individual if that individual is employed by a facility whose administrator has operated under an acting permit within the previous year. D.No facility may have concurrent acting permits. Rule 15.Renewal of Licensure. A. Every person who holds a valid license as a Nursing Home Administrator, issued by the Board, shall biennially apply to the Board for a new license, and report any facts requested by the Board. B. On making application for renewal of license, the established fee shall be submitted and satisfactory evidence shall also be submitted to the Board that during the preceding two year period, the applicant has attended continuing education programs or courses of study as provided in Rule 13 of these Rules and Regulations. C. A licensed Nursing Home Administrator whose license has expired may, within two years following the licensure period, have his/her license reinstated without examination upon payment of the renewal fee, plus a late fee. In addition, satisfactory evidence shall also be submitted to the Board that during the preceding two year period, the applicant has attended continuing education programs or courses of study as provided in Rule 13 of these Rules and Regulations. Any licensee whose license has expired for a period in excess of a two-year licensure period may have his/her license reinstated upon payment of the renewal fee, late fee and upon satisfying the Board as to the applicant's current qualifications by completing an application form as outlined in Rule 8 of these Rules and Regulations, providing, however, such applicant may attach a resume in lieu of completing sections 4 and 5 of the application form. Satisfactory evidence shall also be submitted to the Board that during the preceding two year period, the applicant has attended continuing education programs or courses of study as provided in Rule 13 of these Rules and Regulations. D. Only an individual who has qualified as a licensed Nursing Home Administrator and who holds a valid, current registration certificate pursuant to the provisions of these Rules and Regulations, shall have the right and the privilege of using the abbreviation "N.H.A." after his/her name. No other person shall use or shall be designated to such title or abbreviation or any other words, letters, sign, card or device, tending to or intended to indicate that such person is a licensed Nursing Home Administrator. E. The Board shall maintain all approved applications for licensing of Nursing Home Administrators. The Board shall maintain a complete file of such other pertinent information as may be deemed necessary. Rule 16.Refusal, Suspension and Revocation of License. A. After due notice to the licensee with an opportunity to be heard at a formal hearing, the Board may suspend, revoke or refuse to issue a license for a Nursing Home Administrator, or may reprimand or otherwise discipline a licensee. Such license may be denied, revoked, or suspended if applicant or licensee has violated any of the following: 1. Willfully or repeatedly violated any of the provisions of the Laws, Rules or Regulations pertaining to the licensing of a Nursing Home Administrator. 2. Willfully or repeatedly violated any of the provisions of the Law, Rules or Regulations of the licensing or supervising authority or agency of the State or political subdivision thereof having jurisdiction over the operation and licensing of nursing homes; 3. Been convicted of a felony; 4. Has practiced fraud, deceit or misrepresentation in securing a Nursing Home Administrator's license; 5. Has practiced fraud, deceit or misrepresentation in his/her capacity as a Nursing Home Administrator; 6. Has exhibited acts or practices as a Nursing Home Administrator that show he/she is unfit or incompetent to practice by reason of negligence, habits or other causes, including but not limited to: a. Commission of acts of misconduct in the operation of a nursing home under his/her jurisdiction; b. Is currently using, in the possession of or has been convicted of the unlawful sale of narcotic drugs, look-alike substances or illegal drugs or alcohol; c. Has wrongfully transferred or surrendered possession of either an acting or permanent license; d. Has been guilty of fraudulent, misleading or deceptive advertising; e.Has falsely impersonated another licensee of a like or different name; f.Has failed to exercise true regard for the safety, health and life of any resident; g. Has willfully permitted unauthorized disclosure of information relating to a resident of his/her records; h. Has discriminated in respect to residents, employees or staff on the basis of age, race, religion, sex, color, disability, or national origin; or i.Is unable to perform the essential requirements of a Nursing Home Administrator. Rule 17.Complaints and Hearing Procedures. The procedure for the investigation and prosecution of alleged violations of this chapter and these Rules and Regulations, shall be set forth in 29 Del. C. Sec. 8810. Rule 18.Reciprocity. A. The Board, at its discretion, and otherwise subject to the law pertaining to the licensing of a Nursing Home Administrator prescribing the qualifications for a Nursing Home Administrator license, may endorse a Nursing Home Administrator license issued by the proper authorities of any other State, upon payment of the regular established fee and upon submission of evidence satisfactory to the Board that: 1.The applicant is at least 21 years of age, 2. The applicant submits a letter of good standing from another state as a Nursing Home Administrator by a regulatory body whose purpose is to regulate the qualifications of Nursing Home Administrators, 3. The applicant has taken the National Association of Boards of Examiners (NAB) examination and that the applicant's score on the NAB examination is equal to or exceeds the Board's requirement for this test, 4. The applicant meets all current Delaware requirements as set forth in Rule 7, 5. Such applicant for endorsement holds a valid license as a Nursing Home Administrator, which has not been revoked or suspended as such in each State from which he/she has ever received a Nursing Home Administrator license or reciprocal endorsement; provided, however, that the Board may waive this requirement if upon submission of evidence to the Board, the Board is satisfied that the applicant has been rehabilitated. B. The Board shall also have the power after due notice and an opportunity to be heard at a formal hearing, to revoke or suspend the endorsement of a Nursing Home Administrator license issued to any person upon evidence satisfactory to the Board that the duly constituted authorities of any State have lawfully revoked or suspended the Nursing Home Administrator license issued to such person by such State. Rule 19.Restoration and Reinstatement of License. A. Restoration of a license may be considered after a period of one year from the revocation or suspension date by the Board, at its discretion, upon submission of evidence satisfactory to the Board that the grounds for suspension or revocation has been removed, except where the grounds are for a felony or conviction of Medicaid or Medicare fraud. B. Upon denial of such application for restoration of a license, the Board shall grant the applicant a formal hearing upon request, in accordance with the Administrative Procedures Act. Rule 20. Display of Licenses. Every person licensed as a Nursing Home Administrator shall display such license in a conspicuous place in the office or place of business or employment. Rule 21.Duplicate Licenses. Upon receipt of satisfactory evidence that a license has been lost, mutilated or destroyed, the Board may issue a duplicate license. The duplication fee is set by the Delaware Division of Professional Regulation. Rule 22.Applicability, Legal Effect, Severability. A. The Rules and Regulations of the Board shall be supplemental to the law providing for the licensing of Nursing Home Administrators and shall have the force and effect of Law. B. Every rule, regulation, order and directive adopted by the Board shall state the date on which it takes effect and a copy thereof signed by the President of the Board and the Secretary of the Board shall be filed as a public record in the office of the Board and as may be required by Law. C. The Rules and Regulations of the Board are intended to be consistent with the applicable Federal and State Law and shall be reviewed, whenever necessary, to achieve such consistency. D. In the event that any provision of these Rules and Regulations is declared unconstitutional or invalid, or the application thereof to any person or circumstance is held invalid, the applicability of such provision to other persons and circumstances and the constitutionality or validity of every other provision of these Rules and Regulations shall not be affected thereby. E. These Rules and Regulations shall not affect pending actions or proceedings, civil or criminal, but the same may be prosecuted or defended in the same manner and with the same effect as though these Rules and Regulations had not been promulgated. F. The Board shall furnish copies of these Rules and Regulations and Amendments thereof for a fee set by the Delaware Division of Professional Regulation, except, the Board may, at its discretion, provide one free copy to each nursing home, health related organization, educational institutions, State or Federal Government units and other public or noncommercial agencies or concerns. G. Amendments to these Rules and Regulations of the Board shall be made only at a regularly called meeting thereof by a majority vote of all members of the Board. No amendment shall be acted upon unless said amendment was presented at a prior meeting and unless notice has been given to the members of the Board that said amendment is to be acted upon at a particular meeting of the Board. H. These Rules and Regulations shall take effect the first day of December, 1982. (Latest revision effective April 11, 1997) ARTICLE VIII RULES AND REGULATIONS GOVERNING THE PRACTICE OF NURSING AS AN ADVANCED PRACTICE NURSE IN THE STATE OF DELAWARE (Effective July 19, 1997) SECTION 1:AUTHORITY 1.1There rules and regulations are adopted by the Delaware Board of Nursing under the authority of the Delaware Nursing Practice Act, 24 Del.C., 1902(d), 1906(1), 1906(7). SECTION 2:PURPOSE 2.1the general purpose of these rules and regulations is to assist in protecting and safeguarding the public by regulating the practice of the Advanced Practice Nurse. SECTION 3:SCOPE 3.1These rules and regulations govern the educational and experience requirements and standards of practice for the Advanced Practice Nurse. Prescribing medications and treatments independently is pursuant to the Rules and Regulations promulgated by the Joint Practice Committee as defined in 24 Del. C., 1906(20). The Advanced Practice Nurse is responsible and accountable for her or his practice. Nothing herein is deemed to limit the scope of practice or prohibit a Registered Nurse from engaging in those activities that constitute the practice of professional nursing and/.or professional nursing in a specialty area. SECTION 4:DEFINITIONS 4.1Advanced Practice Nurse As defined in 24 Del. C., 1902(d)(1). Such a nurse will be given the title Advanced Practice Nurse by state licensure, and may use the title Advanced Practice Nurse within his/her specific specialty area. 4.1:1CERTIFIED NURSE MIDWIFE (C.N.M.) A Registered Nurse who is a provider for normal maternity, newborn and well-woman gynecological care. The CNM designation is received after completing an accredited post-basic nursing program in midwifery at schools of medicine, nursing or public health, and passing a certification examination administered by the ACNM Certification Council, Inc. or other nationally recognized, Board of Nursing approved certifying organization. 4.1:2CERTIFIED REGISTERED NURSE ANESTHETIST (C.R.N.A.) A Registered Nurse who has graduated from a nurse anesthesia educational program accredited by the American Association of Nurse Anesthetists' Council on Accreditation of Nurse Anesthesia Educational programs, and who is certified by the American Association of Nurse Anesthetists' Council on Certification of Nurse Anesthetists or other nationally recognized, Board of Nursing approved certifying organization. 4.1:3CLINICAL NURSE SPECIALIST (C.N.S.) A Registered Nurse with advanced nursing educational preparation who functions in primary, secondary, and tertiary settings with individuals, families, groups, or communities. The CNS designation is received after graduation from a Master's degree program in a clinical nurse specialty or post Master's certificate, such as gerontology, maternal child, pediatrics, psych/mental health, etc. The CNS must have national certification in the area of specialization at the advanced level if such a certification exists or as specified in Article VIII, Section 9.4.1 of these Rules and Regulations. The certifying agency must meet the established criteria approved by the Delaware Board of Nursing. 4.1:4 NURSE PRACTITIONER (N.P.) A Registered Nurse with advanced nursing educational preparation who is a provider of primary healthcare in a variety of settings with a focus on a specific area of practice. The NP designation is received after graduation from a Master's program or from an accredited post-basic NP certificate program of at least one academic year in length in a nurse practitioner specialty such as acute care, adult, family, geriatric, pediatric, or women's health, etc. The NP must have national certification in the area of specialization at the advanced level by a certifying agency which meets the established criteria approved by the Delaware Board of Nursing. 4.2Audit The verification of existence of a collaborative agreement for a minimum of 10% of the total number of licenses issued during a specified time period. 4.3Board The Delaware Board of Nursing 4.4 Collaborative Agreement Written verification of health care facility approved clinical privileges; or health care facility approved job description; or a written document that outlines the process for consultation and referral between an Advanced Practice Nurse and a licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system. 4.5 Guidelines/ Protocols Suggested pathways to be followed by an Advanced Practice Nurse for managing a particular medical problem. These guidelines/protocols may be developed collaboratively by an Advanced Practice Nurse and a licensed physician, dentist or a podiatrist, or licensed Delaware health care delivery system. 4.6 National Certification That credential earned by a nurse who has met requirements of a Board approved certifying agency. 4.6:1 The agencies so approved include but are not limited to: A.American Academy of Nurse Practitioners B. American Nurses Credentialing Center C. American Association of Nurse Anesthetists Council on Certification of Nurse Anesthetists D. American Association of Nurse Anesthetists Council on Recertification of Nurse Anesthetists E. National Certification Corporation for the Obstetric, Gynecologic and Neonatal Nursing Specialties F. National Certification Board of Pediatric Nurse Practitioners and Nurses. G. ACNM Certification Council, Inc. 4.7 Post Basic Program 4.7:1A combined didactic and clinical/preceptored program of at least one academic year of full time study in the area of advanced nursing practice with a minimum of 400 clinical/preceptored hours. 4.7:2The program must be one offered and administered by an approved health agency and/or institution of higher learning, 4.7:3Post basic means a program taken after licensure is achieved. 4.8Scope of Specialized Practice That area of practice in which an Advanced Practice Nurse has a Master's degree or a post-basic program certificate in a clinical nursing specialty with national certification. 4.9Supervision Direction given by a licensed physician or Advanced Practice Nurse to an Advanced Practice Nurse practicing pursuant to a temporary permit. The supervising physician or Advanced Practice Nurse must be periodically available at the site where care is provided, or available for immediate guidance. SECTION 5:GRANDFATHERING PERIOD 5.1Any person holding a certificate of state licensure as an Advanced Practice Nurse that is valid on July 8, 1994 shall b eligible for renewal of such licensure under the conditions and standards prescribed herein for renewal of licensure. SECTION 6:STANDARDS FOR THE ADVANCED PRACTICE NURSE 6.1Advanced Practice Nurses view clients and their health concerns from an integrated multi-system perspective. 6.2Standards provide the practitioner with a framework within which to operate and with the means to evaluate his/her practice. In meeting the standards of practice of nursing in the advanced role, each practitioner, including but not limited to those listed in Section 4.1 of these Rules and Regulations: A. Performs comprehensive assessments using appropriate physical and psychosocial parameters; B. Develops comprehensive nursing care plans based on current theories and advanced clinical knowledge and expertise; C. Initiates and applies clinical treatments based on expert knowledge and technical competency to client populations with problems ranging from health promotion to complex illness and for whom the Advanced Practice Nurse assumes primary care responsibilities. These treatments include, but are not limited to psychotherapy, administration of anesthesia, and vaginal deliveries; D. Functions under established guidelines/protocols and/or accepted standards of care; E. Uses the results of scientifically sound empirical research as a basis for nursing practice decisions; F. Uses appropriate teaching/learning strategies to diagnose learning impediments; G. Evaluates the quality of individual client care in accordance with quality assurance and other standards; H. Reviews and revises guideline/protocols, as necessary; II. Maintains an accurate written account of the progress of clients for whom primary care responsibilities are assumed; J. Collaborates with members of a multi-disciplinary team toward the accomplishment of mutually established goals; K. Pursues strategies to enhance access to and use of adequate health care services; L. Maintains optimal advanced practice based on a continual process of review and evaluation of scientific theory, research findings and current practice; M. Performs consultative services for clients referred by other members of the multi-disciplinary team; and N. Establishes a collaborative agreement with a licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system to facilitate consultation and/or referral as appropriate in the delivery of health care to clients. 6.3In addition to these standards, each nurse certified in an area of specialization and recognized by the Board to practice as an Advanced Practice Nurse is responsible for practice at the level and scope defined for that specialty certification by the agency which certified the nurse. SECTION 7:GENERIC FUNCTIONS OF THE ADVANCED PRACTICE NURSE WITHIN THE SPECIALIZED SCOPE OF PRACTICE include but are not limited to: 7.1 Eliciting detailed health history(s) 7.2 Defining nursing problem(s) 7.3 Performing physical examination(s) 7.4 Collecting and performing laboratory tests 7.5 Interpreting laboratory data 7.6 Initiating requests for essential laboratory procedures 7.7 Initiating requests for essential x-rays 7.8 Screening patients to identify abnormal problems 7.9Initiating referrals to appropriate resources and services as necessary 7.10Initiating or modifying treatment and medications within established guidelines 7.11Assessing and reporting changes in the health of individuals, families and communities 7.12Providing health education through teaching and counseling 7.13Planning and/or instituting health care programs in the community with other health care professionals and the public 7.14Prescribing medications and treatments independently pursuant to Rules and Regulations promulgated by the Joint Practice Committee as defined in 24 Del. C., 1906(20). SECTION 8:CRITERIA FOR APPROVAL OF CERTIFICATION AGENCIES 8.1A national certifying body which meets the following criteria shall be recognized by the Board to satisfy 24 Del. C., 1902(d)(1). 8.2The national certifying body: 8.2:1Is national in the scope of its credentialing. 8.2:2Has no requirement for an applicant to be a member of any organization. 8.2:3Has educational requirements which are consistent with the requirement of these rules. 8.2:4Has an application process and credential review which includes documentation that the applicant's education is in the advanced nursing practice category being certified, and that the applicant's clinical practice is in the certification category. 8.2:5Uses an examination as a basis for certification in the advanced nursing practice category which meets the following criteria; 8.2:5.1The examination is based upon job analysis studies conducted using standard methodologies acceptable to the testing community; 8.2:5.2The examination represents the knowledge, skills and abilities essential for the delivery of safe and effective advanced nursing care to the clients; 8.2:5.3The examination content and its distribution are specified in a test plan (blueprint), based on the job analysis study, that is available to examinees; 8.2:5.4Examination items are reviewed for content validity, cultural sensitivity and correct scoring using an established mechanism, both before use and periodically; 8.2:5.5Examinations are evaluated for psychometric performance; 8.2:5.6The passing standard is established using acceptable psychometric methods, and is reevaluated periodically; and 8.2:5.7Examination security is maintained through established procedures. 8.2:6Issues certification based upon passing the examination and meeting all other certification requirements. 8.2:7Provides for periodic recertification which includes review of qualifications and continued competency. 8.2:8Has mechanisms in place for communication to Boards of Nursing for timely verification of an individual's certification status, changes in certification status, and changes in the certification program, including qualifications, test plan and scope of practice. 8.2:9Has an evaluation process to provide quality assurance in its certification program. SECTION 9:APPLICATION FOR LICENSURE TO PRACTICE AS AN ADVANCED PRACTICE NURSE 9.1Application for licensure as a Registered Nurse shall be made on forms supplied by the Board. 9.2In addition, an application for licensure to practice as an Advanced Practice Nurse shall be made on forms supplied by the Board. 9.2:1The APN applicant shall be required to furnish the name(s) of the licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system with whom a current collaborative agreement exists. 9.2:2Notification of changes in the name of the licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system shall be forwarded to the Board office. 9.3Each application shall be returned to the Board office together with appropriate documentation and non- refundable fees. 9.4A Registered Nurse meeting the practice requirement as listed in Section 11 and all other requirements set forth in these Rules and Regulations may be issued a license as an Advanced Practice Nurse in the specific area of specialization in which the nurse has been nationally certified at the advanced level and/or has earned a Master's degree in a clinical nursing specialty. 9.4:1Clinical nurse specialists, whose subspecialty area can be categorized under a broad scope of nursing practice for which a Board-approved national certification examination exists, are required to pass this certification examination to qualify for permanent licensure as an Advanced Practice Nurse. This would include, but not be limited to medical-surgical and psychiatric-mental health nursing. If a more specific post-graduate level certification examination that has Board of Nursing approval is available within the clinical nursing specialist's subspecialty area at the time of licensure application, the applicant may substitute this examination for the broad-based clinical nursing specialist certification examination. 9.4:2Faculty members teaching in nursing education programs are not required to be licensed as Advanced Practice Nurses. Those faculty members teaching in graduate level clinical courses may apply for licensure as Advanced Practice Nurses and utilize graduate level clinical teaching hours to fulfill the practice requirement as stated in 11.2.1. 9.5Renewal of licensure shall be on a date consistent with the current Registered Nurse renewal period. A renewal fee shall be paid. 9.6The Board may refuse to issue, revoke, suspend or refuse to renew the license as an Advanced Practice Nurse or otherwise discipline an applicant or a practitioner who fails to meet the requirements for licensure as an Advanced Practice Nurse or as a registered nurse, or who commits any disciplinary offense under the Nurse Practice Act, 24 Del. C. Chapter 19, or the Rules and Regulations promulgated pursuant thereto. All decisions regarding independent practice and/or independent prescriptive authority are made by the Joint Practice Committee as provided in 24 Del. C., Section 1906(20) - (22). SECTION 10:TEMPORARY PERMIT FOR ADVANCED PRACTICE NURSE LICENSURE 10.1A temporary permit to practice, pending Board approval for permanent licensure, may be issued provided that: A. The individual applying has also applied for licensure to practice as a Registered Nurse in Delaware, or B. The individual applying holds a current license in Delaware, and C. The individual submits proof of graduation from a nationally accredited or Board approved Master's or certificate advanced practice nursing program, and has passed the certification examination, or D. The individual is a graduate of a Master's program in a clinical nursing specialty for which there is no certifying examination, and can show evidence of a least 1000 hours of clinical nursing practice within the past 24 months. E. Application(s) and fee(s) are on file in the Board office. 10.1:1A temporary permit to practice, under supervision only, may be issued at the discretion of the Executive Director provided that: A. The individual meets the requirements in 10.1.A. or B., and E. and; B. The individual submits proof of graduation from a nationally accredited or Board approved Master's or certificate advanced practice nurse program, and; C. The individual submits proof of admission into the approved certifying agency's exam examination or is a graduate of a Master's program in a clinical nursing specialty, is practicing as a clinical nurse specialist accruing seeking a temporary permit to practice under supervision at accrue the practice hours required to sit for the certifying examination or has accrued the hours required to sit for the certifying examination or has accrued the required practice hours and is scheduled to take the first advanced certifying examination upon eligibility or is accruing the practice hours referred to in 10.1 D; or, D. The individual meets A and B hereinabove and is awaiting review by the certifying agency for eligibility to sit for the certifying examination. 10.2If the certifying examination has been passed, the appropriate form must accompany the application. 10.3A temporary permit may be issued: A. For up to two years in three month periods. B. At the discretion of the Executive Director. 10.4A temporary permit will be withdrawn: A.Upon failure to pass the first certifying examination 5. The applicant may petition the Board of Nursing to extend a temporary permit under supervision until results of the next available certification exam are available by furnishing the following information: a.current employer reference, b. supervision available, c. job description, d. letter outlining any extenuating circumstances, e. any other information the Board of Nursing deems necessary. B. In the absence of a collaborative agreement. C. For other reasons stipulated under temporary permits elsewhere in these Rules and Regulations. 10.5A lapsed temporary permit for designation is equivalent to a lapsed license and the same rules apply. 10.6Failure of the certifying examination does not impact on the retention of the basic professional Registered Nurse licensure. 10.7Any person practicing or holding oneself out as an Advanced Practice Nurse in any category without a Board authorized license in such category shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of the Law regulating the Practice of Nursing in Delaware, (Chapter 19, Title 24). 10.8Endorsement of Advanced Practice Nurse designation from another state is processed the same as for licensure by endorsement, provided that the applicant meets the criteria for an Advanced Practice Nurse license in Delaware. SECTION 11:MAINTENANCE OF LICENSURE STATUS: REINSTATEMENT 11.1To maintain licensure, the Advanced Practice Nurse must meet the requirements for recertification as established by the certifying agency. 11.2The Advanced Practice Nurse must have practiced practice a minimum of 2500 1500 hours in a the past five years period, acquiring or no less than 300 600 hours of practice in the past two per years in the area of specialization in which recognition licensure has been granted. 11.2:1Faculty members teaching in graduate level clinical courses may count a maximum of 500 didactic course contact hours in the past five years or 200 in the past two years and all hours of direct on-site clinical supervision of students to meet the practice requirement. 11.2:1 2An Advanced Practice Nurse who does not meet the practice requirement may be issued a temporary permit to practice under the supervision of a person licensed to practice medicine, surgery, dentistry, or advanced practice nursing, as determined on an individual basis by the Board. 11.3The Advanced Practice Nurse will be required to furnish the name(s) of the licensed physician, dentist, podiatrist, or licensed Delaware health care delivery system with whom a current collaborative agreement exists. 11.4Advanced Practice Nurses who fail to renew their licenses by December 31 of the renewal period shall be considered to have lapsed licenses. After December 31 of the current licensing period, any requests for reinstatement of a lapsed license shall be presented to the Board for action. 11.5To reinstate licensure status as an Advanced Practice Nurse, the requirements for recertification and 2500 1500 hours of practice in the past five years or no less than 600 hours in the past two years in the specialty area must be met or the process described in 11.4 followed. 11.6An application for reinstatement of designation must be filed and the appropriate fee paid. SECTION 12AUDIT OF LICENSEES 12.1The Board may select licensees for audit two months prior to renewal in any biennium. The Board shall notify the licensees that they are to be audited for compliance of having a collaborative agreement. A. Upon receipt of such notice, the licensee must submit a copy of a current collaborative agreement(s) within three weeks of receipt of the notice. B. The Board shall notify the licensee of the results of the audit immediately following the Board meeting at which the audits are reviewed. C. An unsatisfactory audit shall result in Board action. D. Failure to notify the Board of a change in mailing address will not absolve the licensee from audit requirements. 12.2The Board may select licensees for audit throughout the biennium. SECTION 13EXCEPTIONS TO THE REQUIREMENTS TO PRACTICE 13.1The requirements set forth in Section 9 shall not apply to a Registered Nurse who is duly enrolled as a bona fide student in an approved educational program for Advanced Practice Nurses as long as the practice is confined to the educational requirements of the program and is under the direct supervision of a qualified instructor. EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C. SECTION 122(d) A.TYPE OF REGULATORY ACTION REQUESTED Amendment to Existing Regulations B.SYNOPSIS OF SUBJECT MATTER OF THE AMENDMENT There are presently two regulations that address the issue of the state content standards or "frameworks". The intent of the amendment is to make the two regulations into a single regulation, clear up the language and make the regulation cover all of the State Content Standards and not just the Standards in mathematics, English Language Arts, science and social studies. The regulations are found in the Handbook for K-12 Education and include the State Curriculum Policy, Section L.1.a.b.c. on page A-34, and the Policy to Adopt State Content Standards, Section L.2. on page A-35. The State Curriculum Policy was written to match the curriculum revision cycles of the local school districts with the curriculum revision cycle at DPI and to direct districts to follow the State Board's document, Guidelines for the Selection of Instructional Materials. The Policy to Adopt State Content Standards mandates the use of the State Content Standards in developing local district instructional programs. Since there are additional sets of content standards coming to the State Board for approval, there is a need to draft a more inclusive regulation. The two policies are similar in nature and amending each by combining them into a single regulation adds focus and clarity to their original intent. C.IMPACT CRITERIA 6. Will the amendment help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) The amended regulation will clarify that all of the State Content Standards shall be used as a basis for the development of district instructional programs and that any revisions are expected to be reflected in the district's instructional programs (as revisions are made to the State Content Standards over time). This regulation will mandate the use of the State Content Standards by the local school districts which is directly related to the capability for measuring student achievement against the Standards. 2. Will the amendment help ensure that all students receive an equitable education? (If so, how? If not, why?) Yes, because the amendment does not change the original intent of the two regulations which focused on an equitable education for all students. 3. Will the amendment help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) This amendment does not address health and safety issues, it addresses curriculum issues. 4. Will the amendment help to ensure that all students' legal rights are respected? (If so, how? If not, why?) This amendment does not address legal rights issues, it addresses curriculum issues. 5. Will the amendment preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) Yes, this amendment does not alter the necessary authority and decision making that was part of the original two regulations. 6. Will the amendment place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) No, this amendment does not change any reporting or administrative requirements that were in the original two regulations. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) Yes, decision making authority and accountability will remain in the same entity. 8. Will the amendment be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) Yes, this amendment clarifies the existing regulations concerning the State Content Standards. 9. Is there a less burdensome method for addressing the purpose of the amendment ? (If so, why is it appropriate to adopt the regulation?) No, this amendment is necessary to ensure that all of the State Content Standards provide the basis for the instructional program of all of the local school districts. 10. What is the cost to the state and local school boards of compliance with this amendment? This amendment will not alter the cost factor associated with the two original regulations. BEFORE THE STATE BOARD OF EDUCATION OF THE STATE OF DELAWARE REGULATORY IMPLEMENTING ORDER III. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED There are presently two regulations that address the issue of the State Content Standards or "Frameworks". The intent of the amendment is to make the two regulations into a single regulation, clear up the language and make the regulation cover all of the State Content Standards and not just the standards in mathematics, English Language Arts, science and social studies. The regulations are found in the Handbook for K-12 Education and include the State Curriculum Policy L.1.a.b.c. on page A-34, and the Policy to Adopt Content Standards L.2. on page A-35. The State Curriculum Policy was written to match the curriculum revision cycles of the local school districts with the curriculum revision cycle at the Department of Education and to direct the districts to follow the State Board's document, Guidelines for the Selection of Instructional Materials. The Policy to Adopt State Content Standards mandates the use of the content standards in developing local district's instructional programs. Since there are additional sets of content standards coming to the State Board for adoption, there is a need to draft a more inclusive regulation and, as mentioned previously, to clear up the language. The two policies are similar in nature and amending each by combining them into a single regulation adds focus and clarity to the original intent of each regulation. Notice of the proposed amendment was published in the News Journal and the Delaware State News on June 20, 1997, in the form hereto attached as Exhibit A. There were no comments received concerning the amendment. II. FINDINGS OF FACT The State Board of Education finds that the amendment should be adopted because the amended regulation clarifies the original intent of the two regulations and as amended will address all present and future content standards approved by the State Board of Education. III. DECISION TO AMEND THE REGULATION For the foregoing reason, the amended regulation is necessary to clarify the intent of the original regulations. Pursuant to 14 Delaware Code, Section 122 the amended regulation attached hereto as Exhibit B is hereby adopted. Pursuant to the provisions of 14 Delaware Code, Section 122(e), the amended regulation hereby shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The Text of the amended regulation hereby shall be in the form of the attached hereto as Exhibit B and said regulation shall be cited in the Handbook for K-12 Education section L.1., Page 34. Amend section L. of the Handbook for K-12 Education by deleting subsections 1 and 2 thereof and substituting in lieu thereof the following new subsection as number 1., and renumber the remaining subsections in section L. from 3 through 10 to 2 through 9. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the State Board of Education pursuant to 14 Delaware Code, Section 122 in open session at the said Board's regularly scheduled meeting on July 17, 1997 The effective date of this Order shall be thirty days from the date hereof. IT IS SO ORDERED this _______ day of _________________, 1997. STATE BOARD OF EDUCATION Dr. James L. Spartz, President Jean W. Allen, Vice President Nancy A. Doorey John W. Jardine, Jr. Dr. Joseph A. Pika Dennis J. Savage Dr. Claibourne D. Smith Dr. Iris T. Metts Secretary of Education PROPOSED AMENDMENT TO STATE CURRICULUM POLICY AND POLICY TO ADOPT STATE CONTENT STANDARDS Amend Section L. of the Handbook for K-12 Education by deleting subsections 1 and 2 thereof and substituting in lieu thereof the following new subsection as number 1; and renumbering the remaining subsections in Section L from numbers 3 through 10 to numbers 2 through 9. L.CURRICULUM POLICY AND INSTRUCTIONAL PROGRAMS 1.STATE CURRICULUM POLICY a.Philosophy The State Board of Education believes that the curriculum in the public schools of Delaware must be systematically reviewed and refined on a periodic basis to ensure that it remains relevant to the needs of students in a rapidly changing society as well as in their respective communities. b.State Department of Public Instruction Responsibility In order to guide local curriculum development it is the responsibility of the Department of Public Instruction to establish and maintain State Curriculum Frameworks for grades K-12. The Frameworks shall consist of content standards and student performance standards, and these Frameworks shall serve as a base for the development of each district's instructional program. The Department shall establish and publish a multi-year schedule for the development and revision of the Curriculum Frameworks. c.Local District Responsibility It is the responsibility of each local school district to develop and implement an instructional program for grades K-12. Each district shall revise its instructional program in accordance with the Curriculum Frameworks. Attention to the integration of academic and vocational curricula, as well as the integration among and between academic content areas, should also be part of the revision process. It is also the responsibility of each school district to keep its instructional materials up to date and consistent with the Curriculum Frameworks and to follow the State Guidelines for Selection of Instructional Materials (See Appendix H). (State Board Approved September, 1990, Revised January, 1993) 2.POLICY TO ADOPT STATE CONTENT STANDARDS Fundamental to our commitment to excellence and equity for all Delaware students and our belief that all children can learn at significantly higher levels, the State Board of Education adopts as state educational policy the content standards for English-Language Arts (including the Performance Indicators), mathematics (including the Performance Indicators), science (including the standards statements by grade cluster), and social studies (including the standards statements by grade cluster) and the supporting equity principles. (State Board Approved June 1995) L. 1.Content Standards Each school district shall develop and implement instructional programs for grades K-12 in alignment with the State Content Standards. Districts must also provide for the integration of content areas within and across curricula. Districts must keep instructional materials and curricula current and consistent with the Guidelines and Standards adopted by the State Board of Education and any subsequent amendments thereof. Exhibit B EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C., SECTION 122 (d) A.TYPE OF REGULATORY ACTION REQUESTED New Regulation B. SYNOPSIS OF SUBJECT MATTER OF REGULATION The Delaware Agriscience Education Framework Commission is comprised of educators, parents, business and community leaders. The Commission identified six agriscience curricular areas that form agriscience career pathways for Delaware students. These areas are: Agribusiness, Agriscience Power and Systems Technology, Animal Science, Food Science Technology, Natural Resources, and Plant Science. Specific content standards, indicators of achievement, sample skill activities and cross-curricular connections have been developed for each agriscience career pathway. These standards establish a framework from which to begin development and implementation of a rigorous Delaware agriscience curriculum, promote best teaching practices, and develop strategies to help students meet graduation requirements. The State of Delaware Agriscience Education Content Standards Draft document was published and disseminated for educational, business/industry, and public review. C.IMPACT CRITERIA 10. Will the regulation help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) The Agriscience Education Content Standards will improve student achievement as they represent up-to-date industry standards and reflect a standards based curriculum appropriate for all Delaware students. 2. Will the regulation help ensure that all students receive an equitable education? (If so, how? If not, why?) The Agriscience Education Content Standards have sought to encompass national and state efforts to ensure that all students are afforded equal opportunities for educational excellence and equity. The Standards have been reviewed for bias and do not intend to place any students at a disadvantage. 3. Will the regulation help to ensure that all student's health and safety are adequately protected? (If so, how? If not, why?) These Standards are content specific for agriscience education and only address health and safety issues as relevant to the content. 4. Will the regulation help to ensure that all student's legal rights are respected? If so, how? If not, why?) This regulation addresses a specific content area, not student right's issues. 5. Will the regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) The content standards will serve as a basis for local curriculum development of agriscience programs. The local school board will continue to be responsible for the implementation of the agriscience programs and related career pathways in their district. 6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board or school levels? (If so, why?) No. The implementation of these content standards will not require any additional reporting or administrative duties that are not already required by the implementation of other vocational programs. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) Decision making authority and accountability will remain the same as for other vocational programs. Local schools offering agriscience programs must continue to provide support for programs to ensure that the students are held to high expectations of knowledge and performance, with achievement being measured against the content standards. 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to the state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts, and social studies? (If inconsistent and/or an impediment to other policies, why?) The Agriscience Education Content Standards have been developed with the intent of showing the cross- curricular connections across all subject areas. This should improve the local and state effort to integrate and support the academic core subject areas. 9. Is there a less burdensome method for addressing the purpose of the regulation? (If so, why is it appropriate to adopt the regulation?) No. The Agriscience Education Content Standards must be approved by the State Board of Education in order to ensure the standards form the basis and foundation for state and local curriculum development. 10. What is the cost to the state and local school boards of compliance with the regulation? There will be no mandated additional cost to the state and/or the local school board for compliance with the Agriscience Education Content Standards, but districts who wish to expand, redesign or initiate these programs may wish to seek vocational units to support these programs. Districts may also apply for and utilize Federal vocational educational dollars from Federal funding sources. BEFORE THE STATE BOARD OF EDUCATION OF THE STATE OF DELAWARE REGULATORY IMPLEMENTING ORDER SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The Delaware Agriscience Framework Commission is comprised of educators, parents, business and community leaders. The Commission identified six agriscience curricular areas that form agriscience career pathways for Delaware students. These areas are: Agribusiness, Agriscience Power and Systems Technology, Animal Science, Food Science Technology, Natural Resources, and Plant Science. Specific content standards, indicators of achievement, sample skill activities, and cross-curricular connections have been developed for each agriscience career pathway area. These standards establish a framework from which to begin development and implementation of a rigorous Delaware agriscience curriculum, promote best teaching practices, and develop strategies to help students meet graduation requirements. The State of Delaware Agriscience Education Content Standards draft document was published and disseminated for educational, business/industry, and public review. As a result of five state-wide meetings over the spring and summer of 1996, six content focus areas were identified in agriscience which began the content standard development process. These identified areas were researched and organized into outlines which were distributed to over seventy agricultural, educational, and community organizations, at the state and national levels. Initial feedback and comments served to substantiate the same six focus areas as identified by the Commission. Draft content standards were developed and reviewed by agriscience teachers, administrators, teacher educators, parents, students, and agribusiness employers during the winter and spring of 1997. Two public hearings were held on May 27, at the University of Delaware, Newark, and on May 28, at Lake Forest High School, Felton. No additional comments or suggestions were received. The State of Delaware Agriscience Education Content Standards draft document was published and disseminated for educational, business/industry, and public review. Comments received were favorable, citing evidence of high expectations and usefulness of the skill activities, indicators of achievement, and the cross-curricular connections, as they relate to the content standards. Notice of the proposed regulation was published in the News Journal and the Delaware State News on June 22, 1997, in the form hereto attached as Exhibit A. There were no comments received regarding the regulation. II. FINDINGS OF FACT The State Board of Education finds that the regulation Agriscience Education Content Standards should be adopted. The document has been developed with input from a broad base of local, state and national experts and has been extensively reviewed and revised. The document represents the best possible thinking concerning what Delaware students should know and be able to do in Agriscience programs. III. DECISION TO ADOPT REGULATION For the forgoing reasons, the Board concludes that the proposed regulation is necessary to ensure that the local districts use the Delaware Agriscience Education Content Standards as the basis for curriculum development. Therefore, pursuant to 14 Delaware Code, Section 122, the regulation attached hereto as Exhibit B (as sent out last month) is hereby adopted. Pursuant to 14 Delaware Code, Section 122(e), the regulation shall be in effect for a period of five years from the effective date of the Order as set forth in V. below. IV. TEXT AND CITATION The text of the regulation hereby shall be in the form attached hereto as Exhibit B (as sent out last month), and said regulation shall be cited as The Delaware Agriscience Education Content Standards. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the State Board of Education pursuant to 14 Delaware Code, Section 122, in open session at the said Board's regularly scheduled meeting on July 17, 1997. The effective date of this Order shall be thirty days from the date hereof. IT IS SO ORDERED this __________ day of ___________________, 1997. STATE BOARD OF EDUCATION Dr. James L. Spartz, President Jean W. Allen, Vice President Nancy A. Doorey John W. Jardine, Jr. Dr. Joseph A. Pika Dennis J. Savage Dr. Claibourne D. Smith Dr. Iris T. Metts Secretary of Education EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C., SECTION 122(d) A.TYPE OF REGULATORY ACTION REQUESTED New Regulation B.SYNOPSIS OF SUBJECT MATTER OF REGULATION The development of student content standards in foreign languages was authorized by the State Board. The Foreign Languages Curriculum Framework Commission, made up of 45 members representing educators, business and community leaders, and parents, has developed five goals of foreign language instruction, student content standards to define these goals, performance indicators to illustrate them, and sample tasks to assess performance. The Foreign Languages Commission began its work in January, 1995, and has published and disseminated for widespread educators' and public review 11,000 copies of a draft State of Delaware Foreign Languages Curriculum Framework Content Standards. The review process ended on December 13, 1996, and results have been collated in a report written by staff at the Delaware Education Research and Development Center at the University of Delaware. The document is in concert with the pioneering work of the National Standards in Foreign Language Education Project, which identified five C's as goals for foreign language education: Communication, Culture, Connections, Comparisons , and Communities. It is important to note that the standards are not a mandate for foreign language instruction but are to be applied to those programs already in place or about to be implemented. C.IMPACT CRITERIA 10. Will the regulation help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) While no state assessment for foreign languages has been developed, the proposed content standards, performance indicators, and sample tasks by stage of language development should improve student achievement and lend themselves well to a future setting of performance standards for students of foreign languages. Commission members are presently developing a companion volume to the Content Standards document. Volume II will give examples of good assessment tasks and of exemplar student performances. 11. Will the regulation help ensure that all students receive an equitable education? (If so, how? If not, why?) As noted above, the standards are not a mandate for foreign language instruction. However, the Commission's vision is that all students will develop and maintain proficiency in English and in at least one other language, modern or classical. "Recognizing the value of foreign language learning for a broader spectrum of learners is a major thrust of this document. The Commission supports the ACTFL Belief Statement, which proclaims that the opportunity to develop competence in at least one foreign language should exist for all students. World language education should no longer be only for the college-bound student but for all students, regardless of learning styles, achievement levels, race, ethnicity, socio-economic status, home language, or future academic goals. Delaware schools should provide appropriate academic support services, technologies, programs, and teaching strategies for students with differing learning styles and abilities." (p.11). This document also advocates an English-plus philosophy by viewing the importance of the native languages of speakers other than English. "Children who come to school from non-English backgrounds should also have opportunities to develop further proficiencies in their first language." (p. 11). This statement is intended to cover such heritage language programs such as Spanish for Spanish Speakers or Chinese for Chinese Speakers, where available. Commission members present a strong rational for foreign language instruction to begin early in the lives of all of our children because of the research regarding the many benefits of foreign language instruction for all children -- cognitive benefits, academic achievement benefits, and attitudes toward diversity. The latest brain-compatible research also indicates the benefits of early access to foreign language instruction for all students. 12. Will the regulation help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) This regulation does not affect students' health and safety. 13. Will the regulation help to ensure that all students' legal rights are respected? (If so, how? If not, why?) This regulation does not affect students' legal rights. 5. Will the regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) Yes. "These generic standards have been formulated to allow for local flexibility in program development, as well as in the choice of language offerings....These standards describe an articulated K-12 program with the aim of encouraging the move to earlier and longer sequences of instruction." (p. 9). The manner in which this is accomplished is determined at the local level. 6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) No. There are no reporting requirements for foreign language instruction. These standards are not a mandate for foreign language instruction but address programs in place or programs to be developed. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) Yes. "As local districts begin to work toward ensuring longer sequences of foreign language study, they will have many choices. One district may decide to initiate an early-start full immersion experience; another may pilot a later-starting partial immersion program. Some districts may elect to expand sequential FLES programs upward into the middle grades; others may prefer to extend existing high school programs downward into the middle grades. A foreign language magnet school may be a viable alternative for some students of foreign languages." (p.9). 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) Yes. In fact, the foreign language content standards have as their middle "C" -- Connecting with Other Disciplines. "For language and culture to become part of the core curriculum, the discipline must be supportive of and integrated with the entire school experience. Foreign language study is ideally suited for curriculum integration and helps students make valuable connections while learning. In elementary and middle school settings foreign language teachers should be included in interdisciplinary team teaching to support the entire school experience. Content-enriched programs address language arts, as well as one or more curriculum areas, such as mathematics, social studies, science, geography, art, music, physical education, etc. In addition, culture is easily integrated into the school curriculum through the study of a foreign language. The children's literature of the target culture, for example, is an important channel for achieving cultural objectives and for teaching foreign language literacy skills in a developmentally appropriate way. Content-based foreign language teaching, by supporting and reinforcing the curriculum, addresses concerns about time and achievement in the other disciplines, since it does not necessarily have to come at the expense of other disciplines." (p. 34). To illustrate the fact that foreign language is ideally suited for curriculum integration, each learning scenario gives an example of a cross-curricular connection. 9. Is there a less burdensome method for addressing the purpose of the regulation? (If so, why is it appropriate to adopt the regulation?) No. All State content standards require the State Board's approval. 10. What is the cost to the state and local school boards of compliance with the regulation? Districts will bear the costs of implementing any new programs they wish to add to their offerings, particularly at the elementary level. Cost estimates of various options are discussed in the Implementation Plan. For existing programs, costs may be incurred as districts undergo their regularly-scheduled cycles of curriculum revision and new textbook adoptions. BEFORE THE STATE BOARD OF EDUCATION OF THE STATE OF DELAWARE REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The development of student content standards in foreign languages was authorized by the State Board. The Foreign Languages Curriculum Framework Commission, made up of 45 members representing educators, business and community leaders, and parents, has developed five goals of foreign language instruction, student content standards to define these goals, performance indicators to illustrate them, and sample tasks to assess performance. The Foreign Languages Commission began its work in January, 1995, and has published and disseminated for widespread educators' and public review 11,000 copies of a draft State of Delaware Foreign Languages Curriculum Framework Content Standards. The review process ended on December 13, 1996, and results have been collated in a report written by staff at the Delaware Education Research and Development Center at the University of Delaware. The document is in concert with the pioneering work of the National Standards in Foreign Languages Education Project, which identified five C's as goals for foreign language education: Communication, Culture, Connections, Comparisons, and Communities. It is important to note that the standards are not a mandate for foreign language instruction but are to be applied to those programs already in place or about to be implemented. Notice of the proposed adoption was published in the News Journal and the Delaware State News on June 24, 1997 in the form attached as Exhibit A. No comments were received regarding the adoption. II. FINDINGS OF FACT The State Board of Education finds that the regulation Foreign Languages Content Standards should be adopted. The document has been developed by a broad base of local, state and national experts and has been extensively reviewed and revised. The document represents the best possible thinking concerning what Delaware students should know and be able to do in Foreign Languages programs. III. DECISION TO ADOPT THE REGULATION For the foregoing reasons, the Board concludes that the proposed regulation is necessary to ensure that the local districts use the Delaware Foreign Languages Content Standards as the basis for curriculum development. Therefore, pursuant to 14 Delaware Code, Section 122, the regulation attached hereto as Exhibit B (as sent out last month) is hereby adopted. Pursuant to 14 Delaware Code, Section 122(e) the regulation shall be in effect for a period of five years from the effective date of the Order as set forth in V. below. IV. TEXT AND CITATION The text of the proposed regulation hereby shall be in the form attached hereto as Exhibit B (as sent out last month) and said regulation shall be known as Delaware Foreign Languages Content Standards. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the State Board of Education pursuant to 14 Delaware Code, Section 122 in open session at the said Board's regularly scheduled meeting on July 17, 1997 The effective date of this Order shall be thirty days from the date hereof. IT IS SO ORDERED this _______ day of _________________, 1997. STATE BOARD OF EDUCATION Dr. James L. Spartz, President Jean W. Allen, Vice President Nancy A. Doorey John W. Jardine, Jr. Dr. Joseph A. Pika Dennis J. Savage Dr. Claibourne D. Smith Dr. Iris T. Metts Secretary of Education EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C., SECTION 122(d) Glossary of Terms A.TYPE OF REGULATORY ACTION REQUESTED Amendment to Existing Regulation B.SYNOPSIS OF SUBJECT MATTER OF REGULATION In order to make the Manual for the Certification of Professional School Personnel a document that can be better understood by the general reader, a Glossary of terms has been created. The Glossary is the work of the General Regulations Review Committee, a sub-committee of the Delaware Professional Standards Council. The Glossary was created as one of many changes recommended by the subcommittee as it met the goals of its task, that is "to review the General Regulations section of the Certification Manual." Many terms used in the certification process are frequently misunderstood. It is the hope of the Committee that through the use of the Glossary, much of the usual misinterpretation can be avoided. According to the legal advice of our attorney, the Glossary should be adopted by the State Board as part of the General Regulations section (Chapters I-XI) of the Manual for the Certification of Professional School Personnel because the terms used therein are defined by the Glossary. C.IMPACT CRITERIA 11. Will the regulation help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) Not applicable--This regulation is not related to students or educators except as it more clearly defines terms related to professional educator certification. 2. Will the regulation help ensure that all students receive an equitable education? (If so, how? If not, why?) Not applicable--This regulation is not related to students or educators except as it more clearly defines terms related to professional educator certification. 3. Will the regulation help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) Not applicable--This regulation is not related to students or educators except as it more clearly defines terms related to professional educator certification. 4. Will the regulation help to ensure that all students' legal rights are respected? (If so, how? If not, why?) Not applicable--This regulation is not related to students or educators except as it more clearly defines terms. 5. Will the regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) The Glossary will have no effect on the current authority or flexibility of decisions at the local level, except to more clearly define the intention of the Certification Manual. 6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) The Glossary will have no effect on the reporting or administrative requirements, or mandates for the decisions at the local level, except to more clearly define the intention of the Certification Manual. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) The Glossary will not change the authority or accountability for any entity. 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) The Glossary will enhance the understanding of educational policy currently in place and will no way be an impediment to policies relating to student achievement. 9. Is there a less burdensome method for addressing the purpose of the regulation? (If so, why is it appropriate to adopt the regulation?) No. 10. What is the cost to the state and local school boards of compliance with the regulation? There is no cost associated with the adoption of the Glossary. BEFORE THE STATE BOARD OF EDUCATION OF THE STATE OF DELAWARE REGULATORY IMPLEMENTING ORDER Glossary of Terms I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED In order to make the Manual for the Certification of Professional School Personnel a document that can be better understood by the general reader, a Glossary of terms has been created. The Glossary is the work of the General Regulations Review Committee, a sub-committee of the Delaware Professional Standards Council. The Glossary was created as one of many changes recommended by the subcommittee as it met the goals of its task, that is "to review the General Regulations section of the Certification Manual." Many terms used in the certification process are frequently misunderstood. It is the hope of the Committee that through the use of the Glossary, much of the usual misinterpretation can be avoided. Glossary was be adopted by the State Board as part of the General Regulations section (Chapters I-XI) of the Manual for the Certification of Professional School Personnel because the terms used therein are defined by the Glossary. Attached is Exhibit "A" which indicates the policy described above has been advertised for the appropriate amount of time. During the advertisement period, there were no comments received either supporting or questioning the new policy. II. FINDINGS OF FACT The Glossary is intended to make the General Regulation more understandable to lay readers. Since the terms described within the Glossary, provide further definition to the terms used in the General Regulations section of the Manual for the Certification of Professional School Personnel, a policy manual, they too need to become policy through adoption by the State Board of Education. III. DECISION TO ADOPT REGULATION(S) For the foregoing reasons, the Board concludes that the proposed regulation(s) attached as Exhibit "B" (as sent out last month) are necessary to adopt. Pursuant to the provisions of 14 Del. C. Sec. 122 the regulations(s) hereby adopted shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of the regulation(s) adopted hereby shall be in the form attached hereto as Exhibit "B," (as sent out last month) and said regulations shall be cited in the Manual for the Certification of Professional School Personnel, General Regulations Section, pages 1-6, and just preceding Chapter 1. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the State Board of Education pursuant to 14 Del. C. Sec. 122 in open session at the said Board's regularly scheduled meeting on July 17, 1997. The effective date of this Order shall be thirty days from the date hereof. IT IS SO ORDERED this 17th day of July, A.D. 1997. STATE BOARD OF EDUCATION Dr. James L. Spartz, President Jean W. Allen, Vice President Nancy A. Doorey John W. Jardine, Jr. Dr. Joseph A. Pika Dennis J. Savage Dr. Claibourne D. Smith Dr. Iris T. Metts Secretary of Education Delaware State Department of Education Certification of Professional Public School Personnel GLOSSARY Credential Evaluation A process, performed by the professional staff of the Certification Office, by which an individual's official transcripts, PRAXIS I scores, and other pertinent documents are matched to Delaware's specific licensure requirements. (See Evaluation/Prescription Letter) Evaluation/Prescription Letter A letter issued by the Certification Office after the evaluation of an individual's college transcripts and other official documents. This letter lists any deficiencies that have not been met, related to specific requirements for licensure in Delaware, as stated in this Manual. The letter may include deficiencies, such as coursework, test scores, experience verification and/or state other specifics which need to be met for Standard licensure. Initial Standard Certificate A license that was issued in Delaware from 1982 through 1991. Issuance of this license indicates the individual met all requirements current during that time period for a specific area of licensure. In addition, the qualifying scores for the Pre-Professional Skills Tests were met before the Initial Standard Certificate was issued. This license had a validity period of five years, after which the license was converted to a Standard license, upon documentation of appropriate employment or coursework. (See Refresher Coursework and Recency Requirement) Expired Initial Standard licenses may be renewed as Standard licenses in the same content area provided refresher requirements are met. Internship One year of supervised, full time, successful experience in a setting appropriate to the area of licensure. An Internship may be sponsored by a college or university in conjunction with a particular set of program requirements; or it may be sponsored locally through employment by a district and in conjunction with the Department of Education. Interstate Certification Agreement (ICA) A formal contract signed by individual member states of NASDTEC, in pairs, specifying the parameters of reciprocity. The Interstate Agreement is a binding, legal agreement/contract between two states. The states agree to accept teachers from programs approved under NASDTEC Standards as well as fully licensed, experienced personnel. The NASDTEC organization facilitates the signing of the agreement through an arm called the Interstate Contract Association. "Reciprocity " established in this manner operates under specific conditions that are clearly defined by the Interstate Agreement. (See Appendix) Licensure Via Approved Program A process for acquiring a teaching license in Delaware and other NASDTEC states that requires graduating from a state-approved teacher education program and meeting specific testing requirements set by the Delaware State Board of Education. Individuals who receive a Standard license in Delaware based on an approved program are eligible for reciprocity with 32 other states. Each state has its own individual set of testing requirements which the candidate must meet, however. (See Reciprocity and Interstate Certification Agreement)) Licensure Via Transcript Analysis A process through which persons who have not graduated from a state approved teacher education program in a specific field may obtain a Standard license in Delaware. Official college/university transcripts shall be submitted to the Office of Certification where they are audited for compliance with licensure requirements for the specific field. (See Credential Evaluation, Evaluation/Prescription Letter, Reciprocity, and Interstate Certification Agreement) Limited Standard License A license that is issued to an individual who is employed in a Delaware public school setting, but does not meet all of the requirements for Standard licensure in the area(s) of employment. It may be issued for a period of between one and six years, depending on specifically defined parameters, as stated in the General Regulations or the Specific Requirements. No salary reduction is required. This license is non-renewable. NASDTEC: National Association of State Directors of Teacher Education and Certification A national organization of State Department certification personnel and Standards Boards members who have the responsibility for state certification and program approval. This organization has developed and adopted a set of Standards which is used by each member state, in as much as possible. These Standards form the basis for the Reciprocity Agreement. (See Reciprocity and Interstate Certification Agreement) NCATE: National Council for the Accreditation of Teacher Education One of two national accrediting bodies approved by the United States Department of Education. NCATE accreditation is voluntary in Delaware. Colleges/Universities apply to NCATE seeking to have both the education unit of the college/university and specific education programs given national recognition. Each program must still be approved by that state's Department of Education in order to have students graduating from such programs receive licensure in that state. (See Licensure via Approved Program) Occupational/Vocational Testing The testing in the vocational field is a performance test in a particular trade given under strict guidelines. The NOCTI (National Occupational and Career Testing Institute) is the only vocational test available that allows an individual to demonstrate skill competency in a trade such as welding or plumbing. The NOCTI organization designs the competency tests and trains staff at institutional settings to administer the NOCTI examinations under specific standardized conditions. As the NTE is used to validate certain aspects of teaching, the NOCTI is used to validate certain skills in vocational trade areas. Partial Assignment A teaching assignment that is for no more than two periods per day for a one-year period only. The individual who is given a partial assignment shall have previously taken at least fifteen semester hours of coursework in the content area of the partial assignment. The intent of the partial assignment is to meet specific emergency needs a district might encounter on a short term basis, for example, an enrollment bulge. If the district's situation warrants that the teacher remain in this assignment after the initial one year period, the teacher will be granted a Limited Standard license, allowing three additional years to meet all of the requirements for Standard licensure. Permits Specific positions within the local school districts do not require a Bachelor's degree, the PRAXIS I tests or a Standard license. Those positions, designated by the State Board of Education, require a Permit. Examples of such positions are currently: Aides of all types and Substitute Teachers. Processing Fee A non-refundable, one-time fee that shall accompany all applications for initial Delaware certification for each evaluation requested. Professional And Occupational Licenses Certain non-educational fields require State of Delaware licenses to practice. These fields include Electricians, Plumbers, Cosmetologists, etc. as well as Nurses, Speech Pathologists, Physicians and others. If an individual works in a school setting and a State license is required for practice in Delaware, it is also required for the education position and for the licensure/certification of that individual. For example, all School Nurses must meet specific coursework and degree requirements for their educational position. In addition, they are required to maintain their State of Delaware license and continue its renewal according to Nursing Board requirements for continuing education. Professional Status Certificate A certificate that is issued after an individual has met all requirements for Standard licensure in a specific area and has been employed in a Delaware public school in that same area for three consecutive years. It is issued for a five-year period. The renewal of this certificate is a function of continued employment in a public school for three years out of each five-year renewal period. Provisional License A substandard license which required a 10% reduction in salary. It has not been issued since 7/1/91 and is no longer a valid Delaware license. Recency Requirement A requirement for either 6 semester hours of appropriate coursework or appropriate full time employment within the five year period immediately preceding application or evaluation for licensure. Recency requirements are as indicated: (1) the applicant's Bachelor's degree shall be conferred within the most recent five-year period; or (2) the applicant shall have completed appropriate college-level coursework within the most recent five-year period; or (3) the applicant shall have been employed in a full time position, in the area of licensure request, for three years of the most recent five year period. (See Refresher Coursework) Reciprocity A process whereby an individual with a license or certificate issued by one state can receive an equivalent license in another state without meeting additional coursework requirements. The process operates under a very specific set of previously agreed upon rules between the two states. Because "reciprocity" is a layman's term as well as a licensure term, there tend to be preconceived ideas as to its meaning. The term "reciprocity" as related to certification/licensure is therefore surrounded by misconceptions. (See Appendix) Refresher Coursework Six semester hours of college-level coursework, taken either at the Bachelor's or Master's level from a regionally accredited institution, is required to meet the Recency Requirement for licensure. Coursework shall include one professional education elective and one elective in the specific content area of licensure. This coursework is required only if the applicant is unable to meet Delaware's Recency Requirement. (See Recency Requirement) Revocation Of License/Certificate/Permit Revocation is the process of rescinding a Delaware license/certificate/permit for reasons of immorality, misconduct in office, incompetence, willful neglect of duty or disloyalty. Revocation may be considered at the request of a local school district or initiated by the Secretary of Education. Specialized Assignment License An assignment that is deemed necessary by a local public school district but for which no specific requirements for licensure exist is termed a "Specialized Assignment". The license is issued on the basis of a job description for the position. A Standard License will be issued to an employed individual who meets all the qualifications of the job description, including passing PRAXIS I scores. A Limited Standard license will be issued if any requirements or qualifications are not met and can be attained. A Temporary License shall be issued when the person hired does not meet the job description for the position. Any certificate issued for a Specialized Assignment is valid only for the specific position for which it was issued. The certificate is not valid for use in another position, another district, or another state. Standard License A license issued when an individual has met all requirements for a specific area of licensure, including the testing requirement. It is issued for an indefinite period of time period. This license can only be renewed when the individual is currently working in a public school setting or other setting for which it is required by the State of Delaware, such as the correctional system. Sub-Standard License A non-renewable license issued for a specific and limited period of time, during which the specific requirements for a Standard license in that area shall be met. A salary reduction may or may not be required. Example: Temporary License. Temporary License A one-year non-renewable license issued to a district employee who meets neither the Standard or Limited Standard requirements for a specific Delaware license and who is hired after August 15th of that school year. A 10% salary reduction is required. This license is a one year, non-renewable license and can be issued only one time to the same individual in the same area of licensure. Unless the individual holds a Standard license in another area, they are not eligible for a salary Exhibit B EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C., SECTION 122(d) Manual for the Certification of Professional School Personnel A.TYPE OF REGULATORY ACTION REQUESTED Reauthorization of Existing Regulation B.SYNOPSIS OF SUBJECT MATTER OF REGULATION The Delaware Professional Standards Council (DPSC) appointed a sub-committee to review the General Regulations Section of the Manual for the Certification of Professional School Personnel in Spring of 1995. The committee worked for over a year with the intent that :  all General Regulations (pages 1-47 of the Manual) be reviewed and policy recommendations be made to the DPSC; and that the Manual would be revised and reorganized into a more user friendly document. The result of the General Regulations Review Committee's work is being presented to the State Board of Education for approval and reauthorization. In general, the Manual has been reorganized without changing policy or intent except as indicated below. The Manual has been reviewed by the Delaware Professional Standards Council and found to meet with its approval. IV. Listed below are the general categories in which changes have been made regarding policy: D. Some of the Committee's policy recommendations have been sent to the Board for approval over the last year. Those recommendations were: change in reporting process for the State Superintendent's "power of exception"; National Teacher Certification policy and rewards. B.Other policy recommendations that were not carried forth as yet:  Development of policy related to the Americans with Disabilities Act policy still under review and development;  Revision of current policy on Revocation or Denial of licensure-subcommittee met and studied the issues at length. It was their recommendation that a Code of Conduct for the Profession is necessary in order to define policy further. Work will resume when Code of Conduct is forthcoming from the Delaware Professional Standards Council. C.Policy change that will be presented at the June State Board meeting for adoption in July 1997: The addition of a Glossary of terms to the Manual. II. In addition to policy changes, the Manual has been revised/reorganized in the following ways: 1.The front of the Manual is enhanced by the addition of: An overview A set of "Frequently Asked Questions" to guide the reader; A more detailed "Table of Contents". 2. The various "Sections" of the General Regulations were re-organized in a manner that the committee felt was a more logical sequence; Some Titles were changed to be better descriptors; Former "Sections" were made "Chapters"; The formatting of the document was made consistent throughout; The formatting of the document was made consistent throughout; The addition of a Glossary. 3.New documents were placed in the Appendix: Certification Flow Chart; Certification Types; Reciprocity Explanation; PRAXIS I Description of current requirements and responsibilities of the applicant; and General information on the National Board Certification process. Again, it is important to note that there are no changes in the policy or intent that have not been brought to the State Board as a separate item for its action. All other changes are "cosmetic" or organizational and add only to the general information provided to the user. It is intended that, after advertisement and upon your approval in July, the Manual will be printed and distributed to various constituent groups during the late Summer 1997 (July-September). C.IMPACT CRITERIA 1. Will the regulation help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) Chapter I - Authority for Delaware Licensure. This question is not applicable. Chapter II - Licenses, Certificates and Permits Research shows that better prepared educators have a greater impact on student achievement. Our licensure system requires adequate preparation for all educators and consequently should support student learning. Chapter III - Delaware Testing Requirements for Initial Licensure As with all the scores for licensure in the state of Delaware it is believed that a certain baseline of basic skills in reading, writing, and mathematics is required to adequately serve the Delaware student population. Chapter IV - Application for Initial Licensure - This question is not applicable. Chapter V - Renewal of Licenses/Certificates Keeping current with changes in education is necessary for all educators. Having to renew certificates/licenses or take refresher coursework enables those educators in the field to be familiar with any new techniques that can improve student learning. Chapter VI - Licensure Agreements/Reciprocity - This question is not applicable. Chapter VII - Revocation of Licenses/Certificates - This question is not applicable. Chapter VIII - Denial of Licenses/Certificates - This question is not applicable. Chapter IX - Professional Growth Programs - This question is not applicable. Chapter X - National Board Certification Delaware values excellent teaching believing a master teacher will effect student achievement. To encourage teachers to pursue National Board Certification, the legislature has supported teachers by sharing the cost of this expensive but valuable process. Chapter XI - Alternative Routes to Certification Program for Secondary Teachers Delaware believes that many people, other than those specifically trained at the undergraduate level, can prove to be fine educators and impact student learning. For that reason an alternative program to certify non-traditional candidates as secondary educators has been developed. 2. Will the regulation help ensure that all students receive an equitable education? (If so, how? If not, why?) Chapter I - Authority for Delaware Licensure. This question is not applicable. Chapter II - Licenses, Certificates and Permits All educators are required to meet the same requirements to be employed in Delaware. All students are required to have certified teachers. To the degree that, certification is the same level, students are being treated equitably. Chapter III - Delaware Testing Requirements for Initial Licensure Since testing for initial licensure is required for all teachers and other professional staff, there should be a common impact on the minimal qualifications for teaching which should have an impact on an equitable education for students. Chapter IV - Application for Initial Licensure - This question is not applicable. Chapter V - Renewal of Licenses/Certificates The maintenance of certification by all educators will effect all students equally. Chapter VI - Licensure Agreements/Reciprocity - This question is not applicable. Chapter VII - Revocation of Licenses/Certificates - This question is not applicable. Chapter VIII - Denial of Licenses/Certificates - This question is not applicable. Chapter IX - Professional Growth Programs - This question is not applicable. Chapter X - National Board Certification The fact that some teachers are certified at a higher level than others should benefit students. Since all teachers will not hold such a certification the impact will not effect all students evenly unless the nationally certified teachers are used to help all teachers. Chapter XI - Alternative Routes to Certification Program for Secondary Teachers The Alternative Route teacher program will meet the same standards as other teacher education programs. Consequently there should be no effect on students. 3. Will the regulation help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) Chapter I - Authority for Delaware Licensure. This question is not applicable. Chapter II - Licenses, Certificates and Permits. This question is not applicable. Chapter III - Delaware Testing Requirements for Initial Licensure. This question is not applicable. Chapter IV - Application for Initial Licensure. This question is not applicable. Chapter V - Renewal of Licenses/Certificates. This question is not applicable. Chapter V - Renewal of Licenses/Certificates. This question is not applicable Chapter VI - Licensure Agreements/Reciprocity - This question is not applicable. Chapter VII - Revocation of Licenses/Certificates This Chapter relates to revoking certificates to individuals who are not of moral character to associate with children. This process protects student safety. Chapter VIII - Denial of Licenses/Certificates This Chapter relates to denying certificates to individuals who are not of moral character to associate with children. This process protects student safety. 4.Will the regulation help to ensure that all students' legal rights are respected? (If so, how? If not, why?) Chapters VII and VIII are the only chapters that can be interpreted to protect students' legal rights. There is a legal responsibility by the state to provide a safe environment for the public school students, keeping out those individuals of questionable moral character. 5. Will the regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) Since there are no changes in the policy being readopted in Chapters I through XI, there is no change in the flexibility for decision makers at the local level. In addition, local flexibility is not necessarily desirable if we are to protect and foster the rights of students as presented in 1 through 4 above. 6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) Chapters I through XI do not place any additional or unnecessary reporting or administrative requirement at the local level since there are no changes from the previous policy that has been in place for some time. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) Yes, all accountability and decision making authority are placed appropriately and the same as in previous policy. These regulations have not been problematic from this perspective. 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) This policy is consistent with educational policies addressing achievement in the core academic subjects because it supports a level of certification for teachers that should be prerequisite to attaining the skills and knowledge to teach the core academic subjects and all other subjects. 9. Is there a less burdensome method for addressing the purpose of the regulation? (If so, why is it appropriate to adopt the regulation?) At the current time, there is no less burdensome method for addressing these regulations. In the future, consideration will be given to a redesign of the system of certification based on a more technological approach. That is not feasible at this time. 10. What is the cost to the state and local school boards of compliance with the regulation? There is no new cost associated with compliance with these readopted regulations. BEFORE THE STATE BOARD OF EDUCATION OF THE STATE OF DELAWARE REGULATORY IMPLEMENTING ORDER Readoption of General Regulations Section of the Manual for the Certification of Public School Personnel I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED During the period of time that the certification Manual was under review, 14 Del. Code, Section 122 (d) passed into law. All current regulations must be reviewed and acted upon by the State Board in order to remain in effect. The Regulations/policies set forth in this Manual have undergone a thorough and formal review process. Changes were made as appropriate and sent to the State Board for adoption. Because of this lengthy process, the Manual for the Certification of Professional School Personnel is also being presented to the State Board for readoption/reauthorization of the General Regulations Section. As determined by a review committee of educators, the current policies/regulations in the General Regulations Section of the Manual for the Certification of Professional School Personnel continue to be appropriate umbrella regulations for the certification of teachers, administrators, and specialists. The Manual for the Certification of Professional School Personnel will be advertised as required and will include the Frontispiece, General Regulations, and Appendix for public review. It is however only the General Regulations section that is required to be readopted since all policy is contained therein, the other parts of the Manual remain explanatory. Attached is Exhibit "A" which indicates the policy described above has been advertised for the appropriate amount of time. During the advertisement period, there were no comments received either supporting or questioning the reauthorization of the General Regulations policy. II. FINDINGS OF FACT The review process was intended to revise and reorganize the General Regulations, making them more understandable to lay readers. At the same time the Committee gave the regulations a thorough review for their continued appropriateness. The General Regulations contain no new policy. Policy changes recommended by the Review Committee have been submitted independently over time and either have been previously adopted by the State Board; or will be adopted in the future by the State Board. It is necessary for the State Board to readopt/reauthorize the General Regulations section of the Manual for the Certification of Professional School Personnel, a policy manual, as per 14 Del. C. Sec. 122, (d). III. DECISION TO REAUTHORIZE REGULATION(S) For the foregoing reasons, the Board concludes that the proposed regulation(s) attached as Exhibit "B" (as sent out last month) are necessary to adopt. Pursuant to the provisions of 14 Del. C. Sec. 122 the regulation(s) hereby adopted shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of the regulation(s) adopted hereby shall be in the form attached hereto as Exhibit "B," (as sent out last month) and said regulations shall be cited in the Manual for the Certification of Professional School Personnel, General Regulations Section, Chapter I - XI, pages 1-44. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the State Board of Education pursuant to 14 Del. C. Sec. 122 in open session at the said Board's regularly scheduled meeting on July 17, 1997. The effective date of this Order shall be thirty days from the date hereof. IT IS SO ORDERED this 17th day of July. A.D. 1997. STATE BOARD OF EDUCATION Dr. James L. Spartz, President Jean W. Allen, Vice President Nancy A. Doorey John W. Jardine, Jr. Dr. Joseph A. Pika Dennis J. Savage Dr. Claibourne D. Smith Dr. Iris T. Metts Secretary of Education Table of Contents Page Overview viii Most Frequently Asked Questions and Referred Sections ix General Rules and Regulations Glossary 1 Chapter I - Authority for Delaware Licensure A. State Board of Education 6 E. Provisions for Exceptions and Changes 6 C.Effect of Changes in Rules and Regulations adopted 7/l/93 7 Chapter II - Licenses, Certificates and Permits A. Current Licenses, Certificates and Permits 9 B. Previous Licenses 14 C. Teaching Assignment Out of Licensed Area 14 D. Permits 15 Chapter III - Delaware Testing Requirements for Initial Licensure A. Initial Licensure 16 B. Certification Testing Data from Delaware Institutions of Higher Education with State Approved Teacher Education Programs (Effective l/l/97) 20 Chapter IV - Application for Initial Licensure A. Credentials for Application 21 B. Other Considerations for Initial Licensure 23 C. Denial of License 26 Chapter V - Renewal of Licenses/Certificates A.Employees of Delaware Public School Districts and other State Agencies Employing Educational Personnel 27 B.Individuals Who are not Employed in a Delaware Public School District or Other State Agency Requiring Certified Educational Personnel 29 C. Recency Requirement 30 Chapter VI - Licensure Agreements/Reciprocity A. National Council for Accreditation of Teacher Education (NCATE) 31 B.National Association of State Directors of Teacher Education and Certification (NASDTEC) Certification Reciprocity System 31 C. Interstate Certification Project (ICP) 31 D.Licensed Educational Personnel from other States (Except Local District Superintendent), 32 Chapter VII - Revocation of Licenses/Certificates 33 Chapter VIII - Denial of Licenses/Certificates 35 Chapter IX - Professional Growth Programs A. Rationale and Philosophy 36 B. Rules and Regulations 36 C. Definitions and Explanation of Terms Used in this Program 38 D. Application Procedures 39 Chapter X - National Board Certification A.Certification/National Board of Professional Teaching Standards 40 B. Eligibility 40 C. Application Procedures 40 D. Salary Adjustment 41 Chapter XI - Alternative Routes to Certification Program for Secondary Teachers A. Eligibility for Participation in Program 42 B. Participation in the Program 43 C. The Alternative Routes to Certification Process 43 D. Recommendation for Certification of Teacher 45 E. Appeal Procedure 45 F. Program Evaluation 46 Specific Requirements Section I - Administrative 1 Superintendent 2 Assistant Superintendent for Business 4 Assistant Superintendent for Curriculum 6 Administrative Assistant 8 Director 9 Director of Special Education 12 Supervisor 14 Supervisor of Special Education 16 Supervisor/Reading Coordinator 18 Elementary Principal/Assistant Principal 20 Secondary Principal/Assistant Principal 22 Principal of a School for Children with Disabilities 24 Principal/Assistant Principal/Administrator of Adult and Alternative Education 26 Manager of School Bus Transportation 28 Supervisor of School Bus Transportation 29 School Business Manager 31 Manager of School Food Service Programs 33 Supervisor of School Food Service Programs 35 Section 2 - Secondary 1 Adult Education 2 Agriculture 4 Business Education 6 Computer Science 8 Driver Education & Traffic Safety Education 10 English 12 English to Speakers of Other Languages (ESOL) 14 Endorsement - English to Speakers of Other Languages (ESOL) 16 Foreign Language - Comprehensive 17 Foreign Language - Secondary 19 Foreign Language - Elementary 21 Home Economics 24 Technology Education (Formerly Industrial Arts) 27 Journalism 30 Marketing Education 32 Mathematics 34 Sciences 36 Secondary Teacher Bilingual 40 Social Studies 42 Speech 44 Theatre 46 Trade and Industrial (T&I) 48 Trade & Industrial - Special Education Endorsement 51 Section 3 - Teacher/Specialists 1 Art - Comprehensive 2 Art - Elementary 4 Art - Secondary 6 Health Education 8 Librarian/Media Specialist 10 Music - Comprehensive 12 Music - Elementary 13 Music - Secondary 14 Physical Education - Comprehensive 15 Physical Education - Elementary 18 Physical Education - Secondary 21 Reading Specialist 23 Section 4 - Early Childhood/Elementary 1 Early Care and Education (Ages 0 - K) 2 Primary (Grades K - 4) 5 Middle Level (Grades 5 - 8) 9 Primary/Middle Level - Bilingual 14 Section 5 - Special Education/Related Services 1 Audiology 2 Early Childhood - Special Education 3 Exceptional Children Special Education/Elementary 6 Exceptional Children Special Education/Secondary 9 Exceptional Children - Gifted/Talented 12 Interpreter Tutor for the Hearing Impaired 15 Resident Advisor (Houseparent) 16 School Occupational Therapist 18 School Physical Therapist 19 School Psychologist 20 Speech Language Pathologist 23 Teacher of Autistic/Severely Disabled Children 24 Teacher of the Hearing Impaired 27 Section 6 - Support Personnel 1 Administrative Support Personnel (Formerly Secretarial Personnel) 2 Coordinator, Cooperative Occupational/Vocational and/or Work-Study Programs 4 Counselor - Career Guidance and Placement 5 Counselor - Elementary School 7 Counselor - Secondary School 9 Human Relations Specialist 11 Intern 13 Paraprofessional 14 School Nurse 16 School-to-Work Transition Teacher 18 School Social Work Services 20 Licensed School Social Worker (LSW) 22 Master's Degree School Social Worker (MSW) 23 Bachelor's Degree School Social Worker (BSW) 24 School Social Worker 25 Visiting Teacher 26 Permits - School, Classroom Aides and Autistic Residential Child Care Specialists 28 Permits - Substitute Teachers 29 Appendix Information Regarding National Board Certification 1 Award Application for National Board Certification 3 Licenses/Certificates Currently Issued 5 Certificates No Longer Issued 6 PRAXIS I Dates for 1996-97 7 PRAXIS I Exemption Options 9 Remediation Resources for PPST/PRAXIS I 11 Reciprocity of Licenses and/or Certificates 13 Delaware Interstate Agreement Contract States 15 Regulations for School Districts for Background Checks 17 Form A - Release for Criminal Background Check Information 23 Form B - Notification of Determination of Suitability 25 Form C - Inter-District Request to Forward Background Check 27 Form D - Release of Criminal Background Check Information 29 Form E - Notification of Determination of Suitability 31 Form F - Notification of Determination of Suitability 33 Form G - Release for Criminal Background Check Information 35 Foreign Credentials Evaluation Services 37 Form T - Request for Transcript 39 Form E - Verification of Teaching Experience 41 Form E/NT - Verification of Non-Teaching Experience 43 Application for Professional Growth Program (Salary Increments) 45 In Lieu of Student Teaching Approval Form 49 Internship Guidelines for Internship - School Psychologist 53 School Counseling Internship Agreement 55 School Nurse Certificate of Agreement 57 Maintenance Guidelines 58 Maintenance Form 59 Guide to the Implementation of Certification Policy Changes, Effective July 1, 1991 61 Implementation of Policy Changes Related to Elementary, Early Childhood and Middle Level (Effective 7/1/94) 65 Implementation of Policy Changes Related to Special Education Effective 1994 69 Course Descriptions for Teacher of Autistic License 71 Contracts Professional Education Employee 73 School Administrator 75 Temporary Education Employee 77 District Transmittal Form 79 Record of Leave/Termination of Service Form 81 Form EV - Evaluation Request 83 School Employment Record 85 Form R - Verification for License/Renewals 87 Request for Duplicate Certificate(s) 89 Application for Certification Form CPC- 154-R92 91 Progression of Licensure 93 State of Delaware Office of Pensions Verification of In-State Service Form (VS-1) 95 DELAWARE State Department of Education Certification of Professional Public School Personnel OVERVIEW OF THE CERTIFICATION MANUAL This Manual has been edited, reorganized and amended by a subcommittee of the Professional Standards Council. The Council's charge specified the development of a user-friendly document that explicates current rules, regulations and practices relevant to teacher licensure and certification. The subcommittee met this charge by assuming that the document will be read by teachers, administrators, teacher educators, and prospective Delaware teachers -- both those considering entering a teacher education program and those who are teaching in other states and considering a move to Delaware. The Manual has been reorganized and several explanatory documents added. This document will be accessible via the Internet. The Manual is organized as follows: The front of the Manual contains some questions that are frequently asked about the general topic of teacher licensure. In this section after each question, there is a reference to the appropriate section of the Manual where the reader can find information relevant to that topic. The next section of the Manual comprises a glossary of terms frequently used in conversations and regulations concerning teacher licensure. The glossary is followed by the "General Regulations" for licensure. In this framework, regulations are considered "general" if they apply to whole groups of educator licenses, and the procedures governing such. The third section is a compilation of the documents that convey the language of the current rules and regulations concerning teacher licensure called "Specific Requirements". These are considered "specific" since they pertain to smaller categories of educators in Delaware, such as mathematics teachers, principals, or school nurses, etc. Persons interested in the literal regulatory language pertaining to a particular topic may use the documents in this section as a source. Following the "Specific Requirements" section of the Manual is an Appendix containing some important clarifying documents written to-be informative regarding the processes and procedures stemming from the various regulations. The Appendix also includes various forms that must be used to document information when applying for licensure to the Department of Education, either as an individual or through a public school district. The field of education is undergoing rapid change. As a result, the rules and regulations that are applicable to licensure and certification procedures are themselves in a state of constant flux. Very shortly after this Manual has been has been published, almost certainly elements in it will become out of date, or superseded by new rules, regulations, or procedures. As is the case when dealing with any governmental body of rules and regulations, it is important to check and re-check that one's understandings are current and accurate. MOST FREQUENTLY ASKED QUESTIONS AND REFERRED SECTIONS Most Frequently Asked Questions See Table of Contents What teaching licenses are offered in Delaware? Current Licenses/ Certificates/Permits, Specific Regulations Can someone hold more than one license in Delaware? Renewal of Licenses/Certificates In what other states are Delaware licenses recognized? Reciprocity, Reciprocity Chart, Appendix What other states' licenses are recognized in Delaware? Reciprocity, Reciprocity Chart, Appendix How does someone apply for an initial teaching license? Application for Initial Licensure How are teaching licenses renewed? Renewal of Licenses, Appendix Under what conditions can teaching licenses be revoked? Revocation of Licenses How does someone appeal from a decision concerning an Appeals Procedures, initial application or a revocation? Revocation of Licenses Can someone teach in Delaware schools without a Temporary Licenses and teaching license? Substitute Permits Can someone enhance a teaching license with additional Endorsements academic preparation and/or experiences? Is there an advantage in Delaware to holding "National Certification"? National Board Certification Does Delaware give financial support to National Board Candidates? National Board Certification How is application made for salary increment? Salary Increments How is appeal for salary increment or degree made? Appeals Procedures, Salary Increments What are the requirements for other certification areas? Specific Requirements What tests are required for certification in Delaware? Testing, Appendix What testing exemption options are available in Delaware? Testing, Appendix Who needs a criminal background check? Background Regulations, Appendix Who is eligible for participation in the Alternative Routes Program? Alternative Routes to Certification Program for Secondary Teachers EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C., SECTION 122(d) A.TYPE OF REGULATORY ACTION REQUESTED New Regulation B.SYNOPSIS OF SUBJECT MATTER OF REGULATION The Department of Education staff recommends that the State Board of Education approve a regulation dealing with satellite school agreements to comply with 14 Del.C. 2005. The regulation specifies reviews and approvals of the plans and specifications of proposed satellite facilities and directs the operator to confer with the State Risk Manager regarding liabilities and appropriate protection and coverage for same. The primary function of the regulation is to ensure that the physical facilities are sufficient to protect the health and safety of the students who are attending the school. C.IMPACT CRITERIA 11. Will the regulation help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) No. The regulation is not directed at achievement. 2. Will the regulation help ensure that all students receive an equitable education? (If so, how? If not, why?) No. The regulation is not directed at educational equity. 3. Will the regulation help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) Yes. It is specifically intended to insure students' health and safety as it relates to the physical facilities. 4.Will the regulation help to ensure that all students' legal rights are respected? (If so, how? If not, why?) No. It is not aimed at students' legal rights. 5. Will the regulation preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) Yes. It merely ensures that the agreement provides for the health and safety of the students, the standards of which are the same as that of any school within the jurisdictional boundaries of a political entity. 6. Will the regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) No. The regulation focuses attention on the need to meet the life safety code. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) Yes. Authority and accountability remains at the local level. 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) Not applicable. It is a health and safety rule/regulation. 9. Is there a less burdensome method for addressing the purpose of the regulation? (If so, why is it appropriate to adopt the regulation?) No. 10.What is the cost to the state and local school boards of compliance with the regulation? None. Before the State Board of Education of the State of Delaware ORDER APPROVING CHANGES TO THE SCHOOL CONSTRUCTION MANUAL I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED The Department of Education staff recommends that the State Board of Education adopt a regulation dealing with satellite school agreements to comply with 14 Del.C. 2005. The regulation specifies reviews and approvals of the plans and specifications of proposed satellite facilities and directs the operator to confer with the State Risk Manager regarding liabilities and appropriate protection and coverage for same. The primary function of the regulation is to ensure that the physical facilities are sufficient to protect the health and safety of the students who are attending the school. Notice of the proposed regulation was published in the News Journal and Delaware State News on June 20, 1997 in the form attached hereto as Exhibit "A". The notice invited written comments and none were received. II. SUMMARY OF FINDINGS AND FACT The Board concurs with the evidence/information submitted and finds the regulation reasonable and appropriate to specify the reviews and approvals required for the proposed physical facilities and conferring with the State Risk Manager regarding liabilities and insurance. III. DECISION TO ADOPT For the foregoing reasons, the Board concludes that the proposed regulation is necessary to ensure that the health and safety of students are protected by the physical plant. Therefore, pursuant to 14 Del.C 122 and 2005, the regulation attached hereto as Exhibit "B" is hereby adopted. Pursuant to 14 Del.C 122(e), the regulation hereby adopted shall be in effect for a period of five years from the effective date of the order as set forth in Section V below. IV. TEXT AND CITATION The text of the regulation adopted hereby shall be in the form attached hereto as Exhibit "B" and said regulation shall be cited as School Construction Manual, 13.8 Rules and Regulations, Satellite School Agreements. V. EFFECTIVE DATE OF ORDER The actions referred to above were taken by the State Board of Education pursuant to 14 Delaware Code 122 and 2005 in open session at the said Board's regularly scheduled meeting on July 17, 1997. The effective date of this Order shall be thirty days from the date hereof. IT IS SO ORDERED this 17th day of July, 1997. STATE BOARD OF EDUCATION Dr. James L. Spartz, President Jean W. Allen, Vice President Nancy A. Doorey John W. Jardine, Jr. Dr. Joseph A. Pika Dennis J. Savage Dr. Claibourne D. Smith Dr. Iris T. Metts Secretary of Education 13.0 STANDARDS, POLICIES AND GUIDELINES OF THE STATE BOARD OF EDUCATION AND OTHER STATE AGENCIES 13.1 Lighting Standards The general or ambient light levels in classrooms shall be 30 foot-candles if supplementary lighting is available for difficult visual tasks such as work at the art easel, sewing machine, drafting table, chalkboard or vocational equipment. If no supplementary lighting is available, the minimum ambient lighting level shall be 50 foot- candles. 13.2Ventilation Standards Outside air requirements for classrooms shall be in accordance with the current ASHRAE 90 standards but no less than 4 cubic feet per minute, per occupant. 13.3Renovation, Modernization and Additions Guidelines The same as in Section 3.10. 13.4Radiological Protection Policy It is the policy of the State Board of Education (adopted March 21, 1968) to recommend that school districts continue to include radiological fall-out protection in new construction if such protection can be funded within the overall cost of the building as determined by the space and cost formula, or if the local district decides to fund the cost from local sources. 13.5Educational Technology All school buildings being constructed or renovated under the Major Capital Improvement Program shall include, in the project, wiring for technology that meets the Delaware Center for Educational Technology standards appropriate to the building type (high school, administration, etc.) The cost of such wiring shall be borne by project funds. Revised 6/97 Exhibit B EDUCATIONAL IMPACT ANALYSIS PURSUANT TO 14 DEL. C. SECTION 122(d) A.TYPE OF REGULATORY ACTION REQUESTED Amendment to Existing Regulation B.SYNOPSIS OF SUBJECT MATTER OF THE REGULATION An amendment is requested in order to bring the regulation, "Student Activities, Athletics and Organizations", Section K.1.a.b.c. and d., Page A-27, of the Handbook For K-12 Education, State Board approved August, 1984, in line with the newly adopted bylaws of the Delaware Secondary School Athletic Association. The amendment changes the number of courses that a student must be passing in order to participate in extra curricular activities and / or sports from four credits to five credits beginning with the 1998-1999 school year C.IMPACT CRITERIA 1. Will the amendment help improve student achievement as measured against state achievement standards? (If so, how? If not, why?) Yes, it should because it raises the number of credits that students must be passing in order to participate in student activities and/or sports. 2. Will the amendment help ensure that all students receive an equitable education? (If so, how? If not, why?) Yes, it will help ensure that all students receive an equitable education since the amendment applies to all students. 3. Will the amendment help to ensure that all students' health and safety are adequately protected? (If so, how? If not, why?) This amendment and the original regulation do not address health and safety issues. 4. Will the amendment help to ensure that all students' legal rights are respected? (If so, how? If not, why?) Yes, in that the amendment effects all students in the same way. 5. Will the amendment preserve the necessary authority and flexibility of decision makers at the local board and school level? (If so, how? If not, why?) Yes, the amendment does not change the necessary authority and flexibility of decision making of the original regulation. 6. Will the amendment place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? (If so, why?) No, the amendment does not change the reporting or administrative requirements of the original regulation. 7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? (If not, why?) Yes, the decision making and accountability remain in the same entity. 8. Will the regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular the state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? (If inconsistent and/or an impediment to other policies, why?) Yes, because the amendment seeks to raise the standards for participation in athletics and other student activities. 9. Is there a less burdensome method for addressing the purpose of the amendment? (If so, why is it appropriate to adopt the regulation?) No, the regulation must be amended to be in line with the amended DSSAA bylaws. 10. What is the cost to the state and local school boards of compliance with the amendment? The amendment does not effect the cost of implementing the original regulation. BEFORE THE STATE BOARD OF EDUCATION OF THE STATE OF DELAWARE REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED An amendment is requested in order to bring the regulation, "Student Activities, Athletics and Organizations" Section K.1.a.b.c. and d., Page A-27, of the Handbook for K-12 Education, State Board approved August, 1984, in line with the newly adopted bylaws of the Delaware Secondary School Athletic Association. The amendment changes the number of courses that a student must be passing in order to participate in extra curricular activities and/or sports from four credits to five credits beginning with the 1998-1999 school year. Notice of the proposed amendment was published in the News Journal and the Delaware State News on June 20, 1997, in the form hereto attached as Exhibit A. There were no comments received concerning the amendment. II. FINDINGS OF FACT The State Board of Education finds that the amendment should be approved because the amended regulation now concurs with the amendments to the bylaws of the Delaware Secondary School Athletic Association which were approved by the State Board of Education at their May, 1997 meeting. III. DECISION TO AMEND THE REGULATION For the foregoing reason it is necessary to amend the regulation. Pursuant to 14 Delaware Code, Section 122 the amended regulation attached hereto as Exhibit B is hereby adopted. Pursuant to the provisions of 14 Delaware Code, Section 122(e), the amended regulation hereby shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of the amended regulation hereby shall be in the form of the attached hereto as Exhibit B and said regulation shall be cited in the Handbook for K-12 Education, section K.1.a.b.c. and d., Pages A-27 and A-28. V. EFFECTIVE DATE OF ORDER The actions herein above referred to were taken by the State Board of Education pursuant to 14 Delaware Code, Section 122, in open session at the said Board's regularly scheduled meeting on July 17, 1997. The effective date of this Order shall be thirty days from the date hereof. IT IS SO ORDERED this da___ day of_________, 1997. STATE BOARD OF EDUCATION Dr. James L. Spartz, President Jean W. Allen, Vice President Nancy A. Doorey John W. Jardine, Jr. Dr. Joseph A. Pika Dennis J. Savage Dr. Claibourne D. Smith Dr. Iris T. Metts Secretary of Education PROPOSED AMENDMENT TO SECTION IV.K.1.a.b.c. and d. OF HANDBOOK FOR K-12 EDUCATION FOR STUDENT ACTIVITIES, ATHLETICS AND ORGANIZATIONS K. STUDENT ACTIVITIES, ATHLETICS AND ORGANIZATIONS 1.REGULATIONS FOR PARTICIPATION IN EXTRA-CURRICULAR ACTIVITIES f. In order to be eligible for participation in non-credit granting extra-curricular activities, each participant must pursue a regular course or its equivalent as approved by the Department of Public Instruction, and must be passing at least four credits five credits beginning with the 1998-1999 school year. Two of these credits must be in the academic areas such as English, mathematics, science, or social studies. g. Any twelfth grade student who wishes to participate in extra-curricular activities must be passing all courses necessary for graduation from high school. c. A student whose work in any regular marking period does not meet the above standards shall be ineligible to participate in extra-curricular activities for the next marking period. In case of a conflict between the mark of a report period or regular final grade, the semester or final mark shall determine eligibility. When a student makes up a failure during the summer or earns the required credit or credits, the student shall become eligible. d. Local school boards may establish requirements over and above these minimums prescribed for eligibility. (State Board Approved August 1984) Exhibit B STATE OF DELAWARE REGULATIONS GOVERNING PUBLIC POOLS ADOPTED May 22, 1958, Amended May 26, 1960, June 21, 1962, February 15, 1983, April 15, 1990, April 15, 1993 BY THE DELAWARE STATE BOARD OF HEALTH and Amended April 22, 1997 BY THE SECRETARY, DELAWARE OF HEALTH AND SOCIAL SERVICES UNDER AUTHORITY OF 16 Del. C. S122(1)and (3)(d) and (j). TABLE OF CONTENTS Page SECTION 26.1 DEFINITIONS..............................1 26.101 Approved......................................1 26.102 Approved Pool Operator................1 26.103 Attendant......................................1 26.104 Attendant on Duty.........................1 26.105 Beneficial Owner...........................1 26.106 Competitive Diving........................1 26.107 Cyanuric Acid................................1 26.108 Director..........................................1 26.109 Diving............................................2 26.110 Diving Board Water Entry Area.....2 26.111 Division.........................................2 26.112 Fence.............................................2 26.113 Fixture Set.....................................2 26.114 Flume............................................2 26.115 Halogen.........................................2 26.116 Inactive Pool..................................2 26.117 Lifeguard.......................................2 26.118 Lifeguard on Duty..........................2 26.119 Maximum Bathing Load................2 26.120 NTU..............................................3 26.121 ORP...............................................3 26.122 Person............................................3 26.123 Person In Charge............................3 26.124 Private Pool....................................3 26.125 Public Pool.....................................4 26.126 Run-Out Slide................................4 26.127 Sanitary Survey..............................4 26.128 Secretary, Delaware Health and Social Services..........................................5 26.129 Slip Resistant..................................5 26.130 Spa Pool..........................................5 26.131 Special Purpose Pool.......................5 26.132 Splash Pool.....................................5 26.133 Superchlorinate...............................5 26.134 Swimming Pool Slide......................5 26.135 Swimming Pool Slide Water Entry Area................................................5 26.136 Turbidity.........................................5 26.137 Turnover.........................................6 26.138 Wading Pool...................................6 26.139 Water Slide Flume.........................6 26.140 Wet Deck/Walkway Area...............6 SECTION 26.2 GENERAL PROVISIONS.............6 26.201 Scope and Purpose.........................6 26.202 Plans and Specifications.................6 26.203 Site Inspection................................9 26.204 Operating Permit............................9 26.205 Pool Builder/Pool Service Company........................................9 26.206 Pool Operator.................................9 26.207 Right of Entry and Sanitary Surveys...........................................9 26.208 Inactive Pools................................10 26.209 Standards......................................10 Section 26.3 LOCATION, DESIGN AND CONSTRUCTION........................10 26.301 Location........................................10 26.302 Design...........................................10 26.303 Construction..................................11 26.304 Hydrostatic Relief Valve................11 26.305 Walls.............................................11 26.306 Floor/Slope....................................11 26.307 Shallow End Minimum/Maximum Depth.............................................12 26.308 Ladders and Steps...........................12 26.309 Decks and Walkways......................13 26.310 Electrical and Lighting Requirements..................................14 26.311 Hose Bibbs......................................14 26.312 Trees, Sand Areas and Planted Areas...............................................14 26.313 Sanitary/ Bathhouse Facilities..........15 26.314 Drinking Fountain...........................16 26.315 Food and Beverage Facilities...........16 26.316 Starting Blocks...............................16 26.317 Escutcheon Plates...........................16 26.318 Handicapped Access.......................16 26.319 Swimming Pool Slides...................17 26.320 Diving Area/Diving Pool and Diving Board.............................................17 SECTION 26.4 RECIRCULATION SYSTEM........17 26.401 General Requirements....................17 26.402 Recirculation Pump........................20 26.403 Rate of Flow Indicator....................20 26.404 Floor Outlets/Drains.......................20 26.405 Perimeter Overflow Gutters and Surface Skimmers.......................................21 26.406 Inlets..............................................22 26.407 Vacuuming.....................................22 26.408 Piping.............................................22 26.409 Multiport Valves.............................22 26.410 Pool Water Heaters.......................22 26.411 Equipment Access, Freezing Protection and Drainage................................23 SECTION 26.5 FILTRATION SYSTEM...............23 26.501 General Requirements...................23 26.502 Rapid Sand Filters.........................23 26.503 High Rate Sand Filters...................23 26.504 Diatomaceous Earth Filters............24 26.505 Cartridge Filters.............................24 SECTION 26.6 POTABLE WATER SUPPLY, POOL WATER QUALITY/TESTING, CHEMICALS AND WASTEWATER.......................................................24 26.601 Potable Water Supply.....................24 26.602 Fillspout.........................................25 26.603 Clarity............................................25 26.604 Bacteriological Quality...................25 26.605 Chemical Quality............................25 26.606 Disinfection....................................26 26.607 Water Testing Equipment and Sampling Frequency.......................................28 26.608 Pool Water Level and Recirculation System.............................................29 26.609 Chemical Storage.............................29 26.610 Wastewater Disposal........................29 26.611 Ozone...............................................29 SECTION 26.7 OPERATION, MAINTENANCE, GENERAL SANITATION, PERSONNEL SUPERVISION AND SAFETY......................................................................29 26.701 Operation and Maintenance..............29 26.702 General Sanitation and Sanitary Facilities...........................................30 26.703 Animals............................................30 26.704 Bathing Suits....................................31 26.705 Employee/Bather Health...................31 26.706 Lifeguard..........................................31 26.707 Attendant..........................................32 26.708 Lifeguard Warning Sign...................32 26.709 Lifeguard Stand................................32 26.710 Unsupervised Solo Bathing...............32 26.711 Maximum Bathing Load...................33 26.712 Injury, Resuscitation or Death...........33 26.713 Pool Security.....................................33 26.714 Depth Markings................................33 26.715 Safety Line........................................33 26.716 Safety Equipment..............................34 26.717 Diving...............................................35 26.718 Shallow End Starting Blocks.............35 26.719 Wading Pool Supervision...................35 26.720 Spa Pool Attendant Alarm.................35 26.721 Spa Pool Warning Sign......................35 26.722 Spa Pool Timer Switch.......................36 26.723 Spa Pool Temperature/High Temperature Prevention System...............................36 26.724 Spa Pool Clock....................................36 26.725 Water Slide Flume-Head of the Flume Personnel.............................................36 26.726 Water Slide Flume-Splash Pool Attendant.............................................37 26.727 Ventilation...........................................37 26.728 Cartridge Filtration..............................37 SECTION 26.8 WADING POOLS................................37 26.801 General Requirements..........................37 26.802 Location...............................................37 26.803 Floor/Slope...........................................37 26.804 Fencing.................................................37 26.805 Recirculation System.............................37 26.806 Floor Outlets/Drains..............................37 26.807 Perimeter Overflow Gutters and Surface Skimmers..............................................38 26.808 Inlets.....................................................38 26.809 Water Replacement...............................38 SECTION 26.9 SPA POOLS..........................................38 26.901 General Requirements............................38 26.902 Location.................................................38 26.903 Decks and Walkways..............................38 26.904 Steps and Benches..................................38 26.905 Fencing...................................................39 26.906 Recirculation System...............................39 26.907 Floor Outlets/Drains................................39 26.908 Perimeter Overflow Gutters and Surface Skimmers.................................................39 26.909 Inlets........................................................39 26.910 Air Jetting System....................................39 26.911 Water Replacement..................................39 Section 26.10 WATER SLIDE FLUMES........................39 26.1001 General Requirements...............................39 26.1002 Splash Pool Design and Depth...................40 26.1003 Flume End.................................................40 26.1004 Decks and Walkways.................................40 26.1005 Recirculation System.................................40 26.1006 Pump Reservoirs........................................40 26.1007 Perimeter Overflow Gutters and Surface Skimmers..................................................41 26.1008 Disinfection...............................................41 SECTION 26.11 SPECIAL PURPOSE POOLS....................41 26.1101 General Requirements................................41 SECTION 26.12 PROCEDURE FOR ADMINISTRATIVE ACTION...............................................................................41 26.1201 Operating Without a Permit.......................41 26.1202 Suspension of a Permit...............................42 26.1203 Administrative Hearings for Serious Violations and Repeat Violations................43 26.1204 Records of Administrative Hearings............44 26.1205 Reapplication After Revocation...................44 SECTION 26.13 ENFORCEMENT AND INTERPRETATION ..............................................................44 SECTION 26.14 PENALTY...................................................44 SECTION 26.15 REPEAL, DATE OF EFFECT AND AMENDMENTS......................................................................44 SECTION 26.16 SEPARABILITY...........................................45 APPENDIX A LANGELIER INDEX/WATER BALANCE FORMULA METHOD...................................46 APPENDIX B LANGELIER INDEX/WATER BALANCE NOMOGRAPH METHOD...........................47 STATE OF DELAWARE REGULATIONS GOVERNING PUBLIC POOLS SECTION 26.1 DEFINITIONS 26.101 "Approved" means acceptable to the Division, unless stated otherwise, based on its determination as to conformance with appropriate standards and good public health practices. 26.102 "Approved Pool Operator" means a person who is at least eighteen (18) years of age and has successfully completed pool a operator training course which is approved by the Division. 26.103 "Attendant" means a person who meets the training requirements of the Division specified in Section 26.707. 26.104 "Attendant on Duty" means an attendant who is on the premises and can be easily located and summoned to render assistance to someone in distress. If the attendant is not in direct view of the pool when it is open, he/she shall be located such that the poolside alarm required by Section 26.720 can be easily heard. 26.105 "Beneficial Owner" means an ownership interest in the entity owning the pool through direct ownership of the real property where the pool is located, direct ownership of stock in a stock corporation owning the real property where the stock represents an equity interest in the corporation, or direct ownership through being a member in a limited liability company (L.L.C.) or a partner in a partnership owning the real property upon which the pool is placed. 26.106 "Competitive Diving" means either the training of divers or an actual diving competition among trained divers, which is sanctioned by the Federation Internationale de Natation Amateur (FINA), the National Collegiate Athletic Association (NCAA), the National Federation of State High School Associations (NFSHSA) or United States Diving Inc. (USD). The institution which is sponsoring the diving training or diving competition shall be responsible for the hiring of a qualified person(s) who is competent and knowledgeable in the areas of diving mechanics and safety. This person(s) shall be present at every practice session and competition in order to ensure proper training, supervision and safety. 26.107 "Cyanuric Acid" means a chemical added to pool water intended to counteract degradation of the chlorine residual by ultraviolet light. 26.108 "Director" means the Director of the Division of Public Health or an authorized agent. 26.109 "Diving" means a head first entry into a body of water. 26.110 "Diving Board Water Entry Area" means a water surface area of three hundred twenty (320), three hundred sixty (360) or four hundred (400) square feet (see Section 26.320) immediately in front of a diving board. 26.111 "Division" means the Division of Public Health of the Department of Health and Social Services, or anyone authorized by the Division as its designated representative, in conformance with Title 29, Section 7904 (a), Delaware Code. 26.112 "Fence" means a continuous vertical barrier, either solid, or with openings, holes or gaps not exceeding four (4) inches in diameter or width, completely enclosing the pool area which will prevent the entry of small children and minimize the entry of unauthorized or unwary persons. Chain link may be used provided that the openings are not greater than 1 and 3/4 inches measured horizontally. 26.113 "Fixture Set" means one (1) lavatory, two (2) water closets* and 1 shower for each sex. *In the male facilities, up to fifty (50) percent may be substituted with urinals, and if more than one (1) fixture set is required based on water surface area, this is reduced to one (1) water closet (male and female) for the subsequent fixture sets. 26.114 "Flume" means an inclined channel receiving a constant supply of flowing water which is designed to provide a safe transit path for conveying sliders to the splash pool or run out slide of a water slide flume. 26.115 "Halogen" means one of the chemical elements chlorine, bromine, or iodine. 26.116 "Inactive Pool" means a pool which has been closed for twelve (12) or more continuous months. 26.117 "Lifeguard" means a person who meets the training requirements of the Division specified in Section 26.706. 26.118 "Lifeguard on Duty" means a lifeguard who is either at poolside or in the pool (special situations), visually guarding the life of the bathers. A lifeguard on duty shall not be assigned other duties that will distract his/her attention from proper observation of the bathers, or prevent the rendering of immediate assistance to someone in distress. All lifeguards on duty should be identified by emblems or distinguishing apparel. 26.119 "Maximum Bathing Load" means the maximum number of persons allowed in a pool at the same time. 26.120 "NTU" means Nephelometric Turbidity Unit which is a means of measuring the water turbidity. 26.121 "ORP" means oxidation reduction potential which is an electrical measurement in millivolts (mV) of the strength of the disinfectant (oxidizer). A higher ORP means a higher disinfecting potential. Pools should maintain a minimum ORP of 650 mV. 26.122 "Person" means any corporation, company, association, firm, partnership, society, joint stock company or individual. 26.123 "Person In Charge" means the/an owner of the pool. This individual shall represent the pool at any hearing scheduled pursuant to Section 26.12. Every pool shall, upon request, provide the Division with the name of the person(s) in charge and how they can be contacted. An operator, hired by the/an owner, cannot be the person in charge. 26.124 "Private Pool" means any indoor or outdoor artificial basin containing a body of water which is used for swimming, wading, diving, recreative bathing, or other aquatic purposes and is not open to the general public, or a limited section of the public, but is intended strictly for the use of the beneficial owner(s) and his/her/their family and/or their guests in either of the following situations: e. Individual beneficial owner or b. Multiple beneficial owners where all of the following can be demonstrated to the Division: 1 .The pool is owned by a legal entity which is in turn owned by the beneficial owners. 2. Pool ownership is part of the ownership of real property by the beneficial owners. 3. The beneficial owners are able to assert ultimate dominion and control over access to and maintenance of the pool. 4. No pool memberships are available to non-beneficial owners. If it can be demonstrated that a pool meets all of the above criteria and if the owners want the pool to be approved as private, they shall contact the Division for the required procedure. Any multiple beneficial ownership pool that is approved private shall remain so until the owners notify the Division that the pool no longer meets all of the above criteria. These Regulations shall not apply to private pools. Multiple ownership private pools, however, should go through the plan review/approval process outlined in Section 26.202 so the pool will be in compliance with the design and construction requirements of these Regulations in the event that, at some future time, the pool no longer meets all of the criteria for remaining private. 26.125 "Public Pool" means any indoor or outdoor artificial basin constructed of concrete, metal, fiberglass or any other nontoxic, impervious, and structurally rigid approved materials, which contains a body of continuously recirculated and filtered water with automatic disinfection which is used for swimming, wading, diving, recreative bathing, or other aquatic purposes and is open to either the general public, or a limited section of the public, with or without a fee. These Regulations shall not apply to pools that are used by one (1) patron at a time and whose water is completely changed after each patron. A public pool may hereafter be referred to as a pool, a swimming pool, a wading pool, a spa pool, a water slide, or a special purpose pool in these Regulations. Based on the design, size, usage, or other factors, public pools shall be categorized as follows: "SwP" means a swimming pool which is open to either the general public, or a limited section of the general public based on residency, membership, or some other specific criteria. "WP" means a wading pool which is open to either the general public, or a limited section of the general public based on residency, membership, or some other specific criteria. "SpP" means a spa pool which is open to either the general public, or a limited section of the general public based on residency, membership, or some other specific criteria. "WSF" means a water slide flume which is open to either the general public, or a limited section of the general public based on residency, membership, or some other specific criteria. "SpPP" means a special purpose pool which is open to either the general public, or a limited section of the general public based on residency, membership, or some other specific criteria. 26.126 "Run-Out Slide" means a flume where the bathers stop in the flume and then exit to the pool deck/walkway. 26.127 "Sanitary Survey" means a comprehensive on-site review of the facilities, operation and management of a pool for the purpose of determining whether a safe environment and bathing water of acceptable quality are being provided. 26.128 "Secretary, Delaware Health and Social Services" means the Administrator of the Department of Health and Social Services (DHSS) of the State of Delaware, who shall hereafter in this document be referred to as the Secretary, DHSS. 26.129 "Slip Resistant" means a textured surface that is neither conducive to slipping when wet nor abrasive to bare feet and has a minimum static coefficient of friction of 0.6 (measured by an approved method). 26.130 "Spa Pool" means a pool containing water greater than ninety five (95) degrees Fahrenheit (oF), which is not emptied after each use, which has a maximum depth of four (4) feet, a maximum water surface area of two- hundred fifty (250) square feet, a high velocity air and/or water jet system, and is large enough for the immersion of at least one (1) person. 26.131 "Special Purpose Pool" means a pool which is used for a specific supervised purpose, and which does not fall into any of the first four (4) categories listed in Section 26.125 (SwP, WP, SpP, or WSF). 26.132 "Splash Pool" means the body of water located at the end of a flume from which bathers exit to the deck. 26.133 "Superchlorinate" means the addition to the pool water of an amount of chlorine sufficient to produce a free chlorine residual which is at least ten (10) times the amount of the combined chlorine residual plus the required minimum free chlorine residual, in order to oxidize any ammonia or other nitrogenous materials which may be present in the pool water. 26.134 "Swimming Pool Slide" means a commercially manufactured water entry device consisting of an inclined plane (either straight or curved) with a raised edge which receives a constant supply of flowing water, is securely attached to the pool deck and is designed to provide a safe transit path for conveying sliders to a pool (water slide flumes are not included in this definition). 26.135 "Swimming Pool Slide Water Entry Area" means a water surface area of two hundred fifty-six (256) square feet (16' X 16') immediately in front of a swimming pool slide. 26.136 "Turbidity" means a measure of the clarity or cloudiness of water. 26.137 "Turnover" means the circulation, through the recirculation system, of a quantity of water equal to the pool volume. 26.138 "Wading Pool" means a pool for small children with a maximum wall height (distance from rim to bottom) of nine (9) inches at the pool edge and a maximum depth of eighteen (18) inches. 26.139 "Water Slide Flume" means a water entry device consisting of one or more flumes with run-out slides or a splash pool (swimming pool slides are not included in this definition). 26.140 "Wet Deck/Walkway Area" means any deck/walkway area that may become wet from splash or from bather traffic, the pump/filter room floor and the floors of all sanitary and bathhouse facilities. SECTION 26.2 GENERAL PROVISIONS 26.201 Scope and Purpose - The provisions of these Regulations shall apply to all public pools in the State of Delaware. The purpose of these Regulations is to provide minimum standards for design, construction, maintenance and operation of public pools in the State of Delaware, and to assure a clean, healthful, and safe environment for all bathers using these pools. These Regulations in no way preclude a facility from establishing additional rules and operating procedures as long as they do not contradict those established herein. 26.202 Plans and Specifications - No person shall construct, install, alter or replace a pool, auxiliary pool structure, or pool equipment, and no person shall convert a private pool to a public pool until three (3) copies of plans and specifications have been submitted to the Division, and a Certificate of Approval has been issued. Whenever it is discovered that any of the above have occurred or are occurring without such approval, the Director shall order the owner, operator or contractor to immediately close the pool if it is open or stop the work or conversion, and to submit plans and specifications to the Division. Any part of the unapproved work or pool that is not in compliance with these Regulations shall be removed, replaced or reconstructed in order to achieve compliance. Plans and specifications shall be legible and on paper no larger than 30" X 42" and shall include, but are not limited to the following information: a. The facility name and the name and telephone number of a contact person at or near the site. bL. The name, mailing address and telephone number of the owner. c. The name, mailing address and telephone number of the builder/contractor/engineer. d. A map of the area (city, town, rural area, etc.) showing the project location and a scaled drawing of the site showing the pool location. e.A scaled drawing showing an overhead view of the pool which includes the location of but is not limited to: all recirculation system fittings and piping, depth markings, steps/ladders, diving board, lifeguard stand, fillspout, safety line/bottom marking, lights (underwater and overhead), deck/walkway, fence, pump/filter room*, bathhouse facilities, food/beverage service facilities and any other pools (e.g. wading pool, spa pool). This drawing shall also specify the materials of construction for the pool and deck, and the color of the pool walls and floor. If wood is planned for the wet deck/walkway area the manufacturer of the wood shall be specified, and if the wood has been treated by the manufacturer or will be treated by the installer, any preservatives, coatings, paints, etc. shall be specified. *Either on this drawing or a separate sheet, a blown up scaled drawing of the pump/filter room showing all piping, equipment, fittings, and the flow pattern shall be provided. f. A scaled drawing showing a profile view(s) of the pool, the pool depths and the relative elevation of the pump and filter. If a diving board is planned, an end view showing the required dimensions shall also be provided. g. The following pool information: volume, water surface area, perimeter, filter type, filter surface area, design flow rate, recirculation pump capacity, total dynamic head (TDH) in feet [if not provided a minimum of sixty (60) TDH will be used], pool turnover time, and the size and type of all piping (i.e. ductile iron, copper, plastic). h. Specifications for and drawings or pictures of all recirculation system components, including but not limited to: skimmers* or gutters; drains; inlets; recirculation pump with pump curve; rate of flow indicator with manufacturer's installation instructions; the type, brand and surface area in square feet of the filter(s)*; multiport valve*; the type, brand and capacity of automatic disinfection equipment*; heater (including proof of AGA or UL approval); portable vacuum equipment; and the chemical name of the disinfectant to be used. All specifications shall include the manufacturer's name and model #. *Specifications shall include proof of NSF International listing, or approved equivalent. In the remainder of these Regulations, wherever there is a referral to NSF, it means NSF International or approved equivalent. i. The manufacturer and model # of any underwater lighting fixtures, the number of fixtures and the number of lamp lumens per fixture. j. The source of potable water (i.e. their own on-site well or the name of the water supplier if the water comes from off-site), and the location and methods of disposal for sanitary waste, filter backwash water and pool water pumped to waste. k. For new pools, the following signed statement from the owner in all three (3) sets of plans and specifications: "I hereby acknowledge that all items either listed or shown in these plans and specifications as not in contract (NIC), by others, or equivalent, are my responsibility. I also realize that this entire project must be completed in accordance with the approved plans and specifications, and all conditions listed in the Certificate of Approval, prior to the issuance of an operating permit by the Division." This statement with signature may appear directly on the plan drawings. l. For changes to existing pools, the following signed statement from the owner in all three (3) sets of plans and specifications: "I hereby acknowledge that all items either listed or shown in these plans and specifications as not in contract (NIC), by others, or equivalent, are my responsibility. I also realize that this entire project must be completed in accordance with the approved plans and specifications, and all conditions listed in the Certificate of Approval, prior to this pool receiving permission from the Division to reopen." This statement with signature may appear directly on the plan drawings. Upon receipt of plans and specifications, the Division shall determine if the project is approved or disapproved and notify the responsible person within thirty (30) days. If disapproved, the reasons shall be specified. If approved, a Certificate of Approval shall be issued which shall be valid for one (1) year. All construction shall be in accordance with the approved plans and specifications, and all conditions listed in the Certificate of Approval. Prior to opening, the owner or operator of a new pool shall contact the Division for a pre-opening inspection in order to receive an operating permit. The Division may establish a fee for plan review/approval. Public notice and opportunity for a public hearing will be provided prior to the implementation of such a fee. 26.203 Site Inspection - Prior to the issuance of a Certificate of Approval for the construction of a new outdoor pool, a site inspection shall be made by a representative of the Division in order to confirm that the pool location meets the requirements of Section 26.301. After a specific site is approved, any change of location shall require another site inspection. 26.204 Operating Permit - No person shall operate a pool without a valid permit from the Division and operating permits shall expire annually. The operating permit is not transferable if either the pool name or ownership changes. For new pools, the operating permit application should be submitted at least thirty (30) days prior to the planned opening date. The operating permit shall be available for viewing by any patron or representative of the Division upon request and should be conspicuously posted. The Division may establish an annual fee for the operating permit. Public notice and opportunity for a public hearing will be provided prior to the implementation of such a fee. 26.205 Pool Builder/Pool Service Company - No person or company shall install, construct or sell a public pool that does not conform to these Regulations. All pools should be built/serviced by a qualified person or company. The Division may establish certification and licensing requirements for pool builders/service companies along with a fee for such license. At such time, the Division shall require that all pools be built/serviced by a certified and licensed person. Public notice and opportunity for a public hearing will be provided prior to the implementation of certification and licensing requirements and/or a license fee. This section is in no way meant to preclude the owner of a pool or the owner's employees from performing work on their own pool. 26.206 Pool Operator - The operation of every pool shall be monitored by an approved pool operator. This person may be part of the pool staff or from a private company and shall monitor the pool as often as necessary to maintain compliance with these Regulations. 26.207 Right of Entry and Sanitary Surveys - Representatives of the Division shall have the right of immediate entry any time a pool is open, and in special situations, at any reasonable time, in order to perform a sanitary survey to determine compliance with these Regulations. A sanitary survey shall be conducted at least once per year at every active pool. These surveys may include any room or area associated with the pool operation. In addition, the representatives shall be permitted to examine any pertinent records. 26.208 Inactive Pools - Any pool which closes for thirty (30) continuous days or more, should contact the Division for a sanitary survey prior to re-opening. Any pool which closes for twelve (12) or more continuous months shall: be classified as inactive; contact the Division for a sanitary survey prior to re-opening; and make whatever changes are deemed necessary to achieve compliance with the current Regulations. If the inactive pool does not have its own recirculation/filtration/disinfection system, this shall be provided prior to receiving approval to reopen. If there is no intention of reopening an inactive pool, it should be properly abandoned (filled with dirt to ground level). 26.209 Standards - The Division may allow for some deviation from these Regulations on a temporary trial basis, in order to allow the pool owner or operator to demonstrate that some alternate procedure or innovation in design, construction or operation should be approved. Such permission shall only be granted if the Division is convinced that the health, safety and well-being of the pool patrons will not be jeopardized. If the procedure or innovation in design, construction or operation is approved, the Regulations shall be amended accordingly, if necessary. SECTION 26.3 LOCATION, DESIGN AND CONSTRUCTION 26.301 Location - Pools shall not be located in areas which are subject to contamination from dust, soot, flyash, smoke, improper drainage, a high water table, or other undesirable substances. For outdoor pools, any overhead wiring not inside an electrical conduit shall not pass over any part of the deck or an area within twenty (20) feet of the nearest edge of the pool. If the edge of a pool, extended upward vertically, is located within fifteen (15) feet of a building, building roof or balcony, a protective barrier may be required (discretion of the Division) to prevent diving from the building, roof or balcony. 26.302 Design - No limits are specified for the shape of pools, however, consideration shall be given to shape from the standpoint of safety and proper water circulation. Pools shall be designed such that: there is even and complete water circulation throughout; safe, sanitary conditions can be maintained at all times; all bathers can be effectively monitored; and all bather entry points to the pool deck are at the shallow end of the pool if any part of the pool is greater than five (5) feet deep. When the bather entrance gate cannot be located at the shallow end, an interior fence at least four (4) feet high shall be provided, which will create a corridor to the shallow end. There shall be no protrusions, extensions, means of entanglement, or other obstructions in the pool which can cause entrapment or injury. Underwater or overhead projections or obstructions except for handholds, steps, ladders, handicapped access facilities or recirculation system fittings shall be prohibited, unless such construction can be justified by engineering design. Underwater seat benches may be permitted in areas where the water depth is five (5) feet or less provided that: the maximum water depth over the seat bench is twenty-four (24) inches; the seat bench is completely recessed; the outer edge of the seat bench shall be outlined in contrasting color by a solid marking line at least one (1) inch wide; and the seat bench surface is slip resistant. 26.303 Construction - Pool walls and bottoms shall be constructed of concrete, fiberglass, metal or other nontoxic, impervious and structurally rigid materials approved by the Division, which will provide a watertight basin, smooth, easily cleanable surfaces and a finish without cracks. Sand, earth or wood construction shall be prohibited. The walls and bottom shall be white or light in color for the purpose of insuring contrast to identify objects. Corners formed by the intersections of walls or walls and floors shall be curved (radiused). Surfaces within the pool intended to provide footing for patrons shall be designed to be slip resistant. Offset or safety ledges shall be prohibited. 26.304 Hydrostatic Relief Valve - All below ground pools, with the exception of indoor crib bed pools, should have a hydrostatic relief valve, which will relieve ground water pressure and prevent the shell from being lifted upward. 26.305 Walls - All SwP and WSF splash pool walls shall be vertical for a minimum depth of two (2) feet six (6) inches in areas less than five (5) feet deep. Exceptions may be made for irregularly shaped pools (e.g. zero depth entry, T, L or Z shapes) in the recessed areas out of the main swimming area. 26.306 Floor/Slope - All pool floors shall be sloped toward the outlet/drain and all slopes shall be constant. The slope shall not exceed one (1) foot in twelve (12) feet (1':12') where the water depth is five (5) feet or less, shall not exceed one (1) foot in three (3) feet (1':3') where the depth is greater than five (5) feet. Any pool having a transition from the slope in the shallow end to the deep end shall do so through a slope break starting at a depth not less than three and one half (3 1/2) feet and not greater than five (5) feet. At least one (1) foot and not more than two (2) feet on the shallow side of the slope break directly under the safety line, the floor shall be marked with a line of contrasting color that is either: solid and at least two (2) inches wide or intermittent with sections that are at least four (4) inches by four (4) inches and not more than one (1) foot apart on centers. 26.307 Shallow End Minimum/Maximum Depth - With the exception of diving pools, all SwP pools shall have a minimum depth in the shallow area of three (3) feet and a maximum depth of four (4) feet. Exceptions may be made for irregularly shaped SwP pools (e.g. T, L or Z shapes) with recessed areas out of the main swimming area. 26.308 Ladders and Steps - With the exception of WP, SpP and WSF splash pools, all pools shall have at least two entry/exit points (ladders or steps), one (1) for each end. Any pool with water deeper than five (5) feet shall have at least two (2) ladders in the deep end. In addition to the above, any pool with a perimeter greater than two hundred twenty-five (225) feet shall have one (1) additional ladder or set of steps for each additional seventy-five (75) feet of perimeter or fraction thereof. Ladders shall be constructed of corrosion resistant materials and shall be securely anchored into the pool deck or built into the pool wall. All ladders shall have two (2) handrails and at least two (2) slip resistant treads which are at least one and one half (1 1/2) inches deep, with a uniform length of at least twelve (12) inches and a uniform spacing of at least seven (7) inches and not more than twelve (12) inches. The clearance between any ladder and the pool wall shall be at least three (3) inches and not more than six (6) inches. Recessed ladders (built into the wall) shall have two (2) handrails and shall have a tread at least five (5) inches in depth, at least twelve (12) inches in width and the uppermost tread shall be within twelve inches of the pool coping top edge or the deck surface. All treads shall slope toward the pool. Where steps are provided, they shall either be recessed or located in a corner. All steps shall have a minimum tread length of twenty-four (24) inches, a tread depth of at least ten (10) inches and a uniform height of not more than twelve (12) inches, with the exception of either the top or bottom tread which may vary + two (2) inches. The top surface edge of each step shall be outlined in contrasting color by a line (painted, tile, etc.) at least one (1) inch wide. Each set of steps shall have at least one (1) handrail per seven (7) feet of tread length. If the steps are less than four (4) feet wide the handrail shall be located at the side and if the steps are four (4) feet wide or wider, the handrail shall be located in the center. The tread surface shall be slip resistant. 26.309 Decks and Walkways - Every pool shall have a continuous unobstructed deck at rim level around the entire perimeter. The deck shall be no less than four (4) feet wide at any point, measured from the pool edge. For outdoor pools, the area of the deck shall be at least equal to the area of the pool water surface, and for indoor pools, the area of the deck shall be at least equal to two thirds (2/3) of the pool water surface. A minimum width of four (4) feet shall be provided behind lifeguard stands and the ladders/steps of all diving boards. Walkways shall be provided from the deck to all pool sanitary and bathhouse facilities. In computing the minimum deck area for adjacent pools, no area of the deck shall be considered as serving both pools. In order to prevent standing water, decks and walkways shall have a uniform slope of not less than one quarter (1/4) inch per foot and not more than one half (1/2) inch per foot, away from the pool and toward deck drains or areas where the water will have a free unobstructed flow to points of disposal. The edge of the pool deck at its junction with the pool wall shall be constructed of bullnose coping, or some other acceptable material, which will provide an adequate hand hold around the entire pool perimeter and which is not more than twelve (12) inches above the normal water level. Wet deck/walkway areas shall be constructed of concrete or other approved material which has an impervious slip resistant surface, can be easily cleaned and is installed such that there are no hazards to patrons or their bare feet (e.g. tripping, abrasions, splinters, etc.). If expansion joints are provided, the joint shall be filled with a non-rigid material such as mastic which shall not protrude above the deck. Carpeting shall be prohibited in wet deck/walkway areas. Wood may be used in wet deck/walkway areas if all of the following conditions are met (the following conditions apply only to the wood that forms the wet deck/walkway surface and not to support structures below): a. The wood shall not be treated with creosote, pentachlorophenol, inorganic arsenicals or any other substance which has been shown to have either an acute or a chronic health effect. Any substance that has been applied to the wood by the manufacturer and any substance that will be applied to the wood by the installer shall be approved prior to installation. b. Spacing between boards not to exceed one quarter (1/4) inch shall be provided. c. The area below the wooden deck or walkway shall properly drain to points of disposal. d. All wood fasteners shall be corrosion resistant. 26.310 Electrical and Lighting Requirements - All electrical wiring and equipment associated with the pool shall be in compliance with all appropriate state and local codes and the current edition of the National Electric Code. For indoor pools and all bathhouse facilities, all overhead wiring which is not behind the wall or ceiling shall be inside an electrical conduit. Artificial lighting shall be provided at all pools which do not have adequate natural lighting or which are to be used for evening/night swimming. The artificial lighting shall meet all of the following conditions: a. Lighting shall be sufficient such that all areas of the pool, and either of the following are clearly visible without glare from the deck: the main drain(s) and all bottom markings; or a black disk six (6) inches in diameter superimposed upon a white field and placed on the bottom at the deepest point. b. Outdoor pools shall provide at least thirty (30) footcandles and indoor pools shall provide at least fifty (50) footcandles of illumination at the water surface from natural and/or artificial lighting. c. All overhead lights shall be covered with adequate shatter resistant shields and equipped with shatter resistant bulbs. 26.311 Hose Bibbs - A sufficient number of hose bibbs shall be provided and located such that all parts of the deck area, the pump/filter room and the bathhouse facilities are easily reachable with a fifty (50) foot hose, without the hose passing over or through the pool water. Hose bibbs shall be located at the edge of the deck such that they do not constitute a tripping hazard and shall be equipped with vacuum breakers or other approved backflow prevention devices. 26.312 Trees, Sand Areas and Planted Areas - Trees at the pool site prior to construction shall not be permitted inside the pool fence and should be removed if they will be within fifty (50) feet of the pool edge. Sand areas and other nongrass/unsodded areas designed for bather access shall not be permitted inside the pool fence or room. Provisions shall be made so that bathers returning to the pool deck from these areas are routed past a foot rinse shower. Flower beds, shrubs and other similar planted areas may be permitted inside the pool fence or room if all of the following conditions are satisfied: a. There shall be a separation distance of at least ten (10) feet between the edge of the pool and the edge of the planted area. b. The planted area shall be designed such that regular maintenance can be easily accomplished. c. All planted area drainage shall be conducted away from the pool in a manner that will not create muddy, hazardous, or objectionable conditions. d. The planted area shall be designed to discourage patron entry. 26.313 Sanitary/Bathhouse Facilities - All pools shall have at least one (1) permanent water closet with lavatory for the lifeguard\attendant, which is accessible when the pool is open and is located contiguous to the pool deck or pool room. Furthermore, all pools, with the exception of those where all patrons' sanitary/bathhouse facilities are within one thousand (1000) feet, shall provide the following permanent sanitary/bathhouse facilities located contiguous to the pool deck or pool room: Number of Fixture Sets *Pool(s) Water Surface Area for Each Sex (Square Feet) One (1) Up to 2000 Two (2) Over 2000 to 4000 Three (3) Over 4000 to 6000 Four (4) Over 6000 to 8000 *For pools greater than eight thousand (8000) square feet, one additional fixture set for each sex shall be provided for each additional four thousand (4000) square feet, or fraction thereof. All sanitary and bathhouse facilities shall be indoors, enclosed to provide privacy, finished in light colors, well ventilated, in good working order and designed such that good sanitation can be maintained throughout at all times. Floors shall constructed of concrete or other approved material, shall have a smooth slip resistant finish and shall be sloped to floor drains or points of drainage. Floor and wall junctions shall be curved (radiused) for easy cleaning. Lighting shall provide at least thirty (30) foot candles of illumination at floor level. All lavatories and showers shall have hot and cold water and shall be equipped with tempering valves which provide water at a temperature not exceeding 120oF. All bathhouses shall have soap (liquid recommended), single service towels or hot air dryers, toilet tissue, and waste baskets. All plumbing shall be in compliance with the "State of Delaware Regulations Governing a Detailed Plumbing Code" and new installations shall be inspected and approved by the appropriate authority prior to use. Floors shall have a slip resistant finish, and carpeting and duckboard shall be prohibited. All bathhouse facilities shall be at the same elevation as the pool deck or at an elevation that is accessible with a ramp having a slope that shall not exceed one (1) inch per foot and should not exceed one (1) inch per twenty (20) inches. The pool operator should require all bathers to take a shower prior to entering the pool. All outdoor pools, except those where bathers must go through the bathhouse in order to reach the deck, shall have a foot rinse shower at each patron entry point. Any indoor pool with direct bather access to an outdoor sand beach or other unsodded area shall also have a foot rinse shower at the access point. The foot rinse shower shall be located such that bathers must walk past the deck discharge area. In order to prevent standing water, the deck discharge area shall slope toward a drain or an area where the water will have a free unobstructed flow to points of disposal. The foot rinse shower should: be a shower head; be approximately twelve (12) to twenty four (24) inches above the deck; have an automatic shut off valve when released; and point toward the deck at approximately a forty five (45) degree angle. Foot baths (standing water in which patrons rinse their feet) shall be prohibited. 26.314 Drinking Fountain - At least one (1) sanitary type (guarded angle jet) drinking fountain in good working order shall be provided. The fountain shall be easily accessible and located inside the pool fence or room at the shallow end. Common drinking cups shall be prohibited. 26.315 Food and Beverage Facilities - Food and beverage service facilities that are inside the pool fence or room shall not be located within twenty (20) feet of the pool edge. If licensing is required, all such facilities shall be licensed by the Division or the appropriate authority. 26.316 Starting Blocks - If starting blocks for competitive swimming events are installed, the water depth under the blocks shall be greater than five (5) feet. 26.317 Escutcheon Plates - All anchor bolts shall be covered by escutcheon plates. 26.318 Handicapped Access - Steps, ramps, handrails, lifts, or other appurtenances designed to accommodate handicapped individuals will be approved within the limits of sound engineering practice and nationally recognized standards. Lifts shall be mounted into the pool deck and shall have a minimum deck width of four (4) feet behind the lift mount. 26.319 Swimming Pool Slides - The installation of swimming pool slides shall be prohibited. All swimming pool slides that are in existence on the effective date of these Regulations (April 15, 1990) should be removed. 26.320 Diving Area/Diving Pool and Diving Board - The dimensions of the diving area/diving pool and the diving board shall be in accordance with the following: Pools with diving boards higher than three (3) meters, and/or pools with diving platforms shall be constructed in accordance with the standards of the FINA, NCAA and USD and these devices shall be labeled "COMPETITIVE DIVING ONLY." Diving boards shall have guardrails on both sides which are at least thirty (30) inches high and extend from the back end of the board to at least one (1) foot past the pool edge. Diving boards which are greater than one (1) meter high shall have handrails on both sides of the ladder/steps and the guardrails should be completely closed but in no case shall the spacing between them exceed twelve (12) inches. All diving boards shall be level and shall have slip resistant surfaces. All supports, steps, and railings shall be made of material which is of sufficient strength to handle the anticipated load. Trampoline type diving facilities and rope drops shall be prohibited. With the exception of competitive diving, any adjustable fulcrum diving board shall have the fulcrum locked in the maximum forward position. Any diving board in existence on the effective date of these Regulations (April 15, 1990) that cannot comply with the requirements of this Section by being shortened and/or lowered, should be removed. Also, in order for the replacement of any diving board stand, or the replacement of any diving board stand and diving board to be approved, the pool shall be in compliance with the requirements of this Section. SECTION 26.4 RECIRCULATION SYSTEM 26.401 General Requirements - Each pool shall have its own recirculation system. The recirculation system shall consist of, but is not limited to: a pump, a flow measuring device, a removable strainer with spare basket (not required on vacuum filters), a filter with at least one (1) pressure gauge, an automatic disinfectant feeder, piping, deep end floor outlet/drains, a perimeter overflow gutter or surface skimmers, return inlets, valves and other necessary equipment. The recirculation system shall be designed to provide a minimum of four (4) turnovers of the pool volume per day [one (1) every six (6) hours] against the maximum head. In the pump/filter area, each suction and discharge line shall have a manual control valve capable of regulating flow or shutting off flow completely. If the required flow rate is provided collectively by multiple pumps, all of these pumps shall operate by a single control switch. The difference between the minimum required flow rate in gallons per minute (gpm) (based on the type of pool) and the maximum allowable flow rate in gpm (based on the type of filtration) shall be at least ten (10) gpm. Water velocities through piping should not exceed the following: three (3) feet per second in gravity pipe; five (5) feet per second in suction pipe and ten (10) feet per second in pressure pipe. 26.402 Recirculation Pump - All recirculation pumps shall be of adequate capacity to provide the required turnover rate, a sufficient backwash rate and sufficient suction for any vacuum fittings. If the pump or any suction side piping is located above the pool water level, the pump shall be self-priming. All recirculation pumps shall be equipped with the necessary piping, valves etc. such that pool water can be pumped directly to waste. This line shall terminate above any drain entry point by a distance of at least twice its diameter. For the purpose of confirming or determining the flow rate, all recirculation pumps shall be equipped with pressure gauges on both the suction and pressure side the pump and the pump curve should conspicuously posted nearby. 26.403 Rate of Flow Indicator - At least one (1) rate of flow indicator reading in gpm shall be installed after filtration on the pool return line. The indicator shall be easily accessible for viewing, in proper working condition when the pool is open, sized such that the design flow rate is in the mid range of the indicator, and capable of measuring at least fifty (50) per cent more than the design flow rate. The clearance upstream and downstream from the indicator shall comply with the manufacturer's specifications. In lieu of the above, a pre-set flow control valve with a direct mounted meter kit and conversion chart may be used. 26.404 Floor Outlets/Drains - All pools shall be provided with at least two (2) floor outlets/drains at the deepest point which: are connected to the recirculation system through the same line; are at least six (6) feet apart; are not more than fifteen (15) feet from the side wall; are equipped with a flow control valve(s) near the recirculation pump; have an antivortex cover or a twelve inch by twelve inch (12" x 12") grate or larger; and can completely drain the pool. The velocity of the water entering the outlet/drain should not exceed one and one half (1 1/2) feet per second. All drain outlet pipes shall be recessed within the fitting or in a pit and equipped with a cover which can only be removed with a Phillips screwdriver or a special tool. The width and length of slot openings in the cover shall not exceed one half (1/2) inch and one (1) inch respectively. 26.405 Perimeter Overflow Gutters and Surface Skimmers - All pools shall have either perimeter overflow gutters or surface skimmers (not recommended for pools with a water surface area greater than 2500 square feet) which: are capable of conducting one hundred (100) percent of the required flow rate; are connected to the recirculation system; have flow control valves near the recirculation pump; and effectively remove any floating material. If perimeter overflow gutters are used, they shall be continuous around the pool with a uniform level rim which is not more than twelve (12) inches below the deck and which will provide a suitable handhold. Gutters shall be designed so that the channel is easily accessible for cleaning and presents no entanglement hazard to bathers. If the gutters are recessed, the access opening shall be at least four (4) inches. Gutter drains shall be provided at uniform intervals not to exceed fifteen (15) feet and the gutter shall slope sufficiently to these drains. The design shall ensure that the recirculation pump receive a continuous supply of water at all times either by adequate surge capacity within the gutters or a surge/balancing tank. Any perimeter overflow gutter with a submerged protruding edge, shall have a solid marking line of contrasting color which is at least one (1) inch wide on the top surface edge of the gutter. Under normal operating conditions the flow rate through the gutter should be one hundred (100) per cent of the design flow rate. If surface skimmers are used, they shall be NSF listed and at least two (2) shall be provided. For pools that are greater than one thousand (1000) square feet of water surface, one (1) additional skimmer shall be provided for each additional (500) square feet of pool water surface or fraction thereof. Skimmers shall be optimally located around the pool perimeter and the recirculation system shall be designed such that the flow through each skimmer is at least twenty (20) gpm. All skimmers shall have individual flow controls devices, an equalizer line (except WP pools), an easily removable, cleanable basket or screen and a cover. Under normal operating conditions the total flow rate through the skimmers should be at least eighty (80) per cent of the design flow rate. 26.406 Inlets - With the exception of WP and SpP pools, all pools shall have at least four (4) inlets, either on the side walls or on the floor, which are connected to the recirculation system. Side wall inlets, with the exception of those built into a gutter, shall discharge at a depth of at least twelve (12) inches below the normal water level. The distance between side wall or bottom inlets, measured along the wall or floor surface, shall not exceed twenty (20) feet and the spacing between any floor inlet and the side wall, measured along the surface, shall not exceed ten (10) feet. When wall inlets are used, an inlet shall be provided within five (5) feet of each corner and one (1) in each recessed step area. The inlets, either by adjustability or by design, shall provide the necessary flow to maintain the required disinfectant residual and chemical quality evenly throughout the pool. 26.407 Vacuuming - All pools shall have the capability of vacuuming the bottom either through a skimmer, a separate vacuum fitting or a portable vacuum system. If a portable vacuum system must be used, it shall be stored on-site when the pool is open. Vacuuming through a portable vacuum system that is connected to the potable water supply shall be prohibited. In line and portable vacuum pumps must be equipped with a removable strainer with a spare basket. 26.408 Piping - Recirculation system piping shall be made of non-toxic material and should be sized such that: head losses do not exceed one (1) foot per hundred (100) feet on suction lines and three (3) feet per hundred (100) feet on discharge lines; and flow velocities do not exceed three (3) feet per second in gravity, six (6) feet per second under suction, and ten (10) feet per second under pressure. All plastic piping shall be: labeled with the manufacturer's name and the NSF logo for potable water; listed in the current NSF "Listing of Plastic Materials, Pipe, Fittings, and Appurtenances for Potable Water and Wastewater, or approved equivalent;" and used/installed in accordance with the manufacturer's specifications. 26.409 Multiport Valves - All multiport valves shall be NSF listed. 26.410 Pool Water Heaters - All gas heaters shall be design-certified by the American Gas Association (AGA) and shall display a rating data plate and the AGA seal. All electric heaters shall be Underwriters Laboratories (UL) approved and shall display the UL seal. All heaters shall have sufficient piping and valves to permit isolation and removal of the heater from the system. 26.411 Equipment Access, Freezing Protection and Drainage - Easy access shall be provided to all parts of the recirculation system that must be inspected or serviced. All piping and equipment that is subject to freezing shall be provided with an adequate means of draining. At least thirty (30) foot candles of illumination shall be provided around all equipment. In order to prevent standing water, all equipment rooms shall be adequately graded toward floor drains or areas where the water will have a free unobstructed flow to points of disposal. SECTION 26.5 FILTRATION SYSTEM 26.501 General Requirements - Each pool shall have its own filtration system. All filters shall bear the manufacturer's name, the model #, the surface area and the filter shall be NSF listed. All filtration systems shall be sized such that the maximum allowable filtration rates are not exceeded and shall be operated such that the passage of unfiltered water will be prevented. The filter effluent water shall have a turbidity of one (1) NTU or less. All filters shall be capable of being totally drained through a manual valve or by disconnecting a union, and all filtration surfaces shall be accessible for inspection, maintenance or replacement. Filters that require backwashing shall have a pressure gauge(s) for determining the time to backwash, and a site glass for observing the backwash water clarity. The backwash discharge line shall terminate above the drain entry point by a distance of at least twice its diameter. All pressure filters shall be equipped with manual or automatic air release valves, or shall be self-purging. If a manual air release valve is present, specific instructions explaining its use shall be provided and shall be conspicuously posted on or near the filter. In multiple filter installations filter piping shall be valved such that each filter can be isolated for repairs, while other filters remain in service. 26.502 Rapid Sand Filters - All media shall meet all of the specifications of the filter manufacturer. In multiple filter installations filter piping shall be valved such that each filter can be individually backwashed. The filtration rate for rapid sand filters shall not exceed three (3) gpm per square foot of filter area, or the NSF listed flow rate, whichever is less. 26.503 High Rate Sand Filters - All media shall meet all of the specifications of the filter manufacturer. The filtration rate for high rate sand filters shall not exceed twenty (20) gpm per square foot of filter area, or the NSF listed flow rate, whichever is less. 26.504 Diatomaceous Earth Filters - If diatomaceous earth filters are equipped with a pressure type separation tank, there shall be no manual valves on the effluent line, and the following statement or equivalent shall be conspicuously posted on the top of the separation tank and at the pump control switch "Do not start the pump without opening the manual air release on the separation tank and checking to make sure that the top of the separation tank is securely attached." Also, any manufacturer's instructions for the proper use of this separation tank shall displayed either on the top of the separation tank or on the wall nearby. The filtration rate for diatomaceous earth filters shall not exceed two (2) gpm per square foot of filter area, or the NSF listed flow rate, whichever is less. Diatomaceous earth filters that have an NSF listing for slurry feed shall not exceed a filtration rate of 2.5 gpm per square foot of filter area. All diatomaceous earth filters that are backwashed to waste should have a settling tank/chamber for capturing the earth. 26.505 Cartridge Filters - All pools with cartridge filtration systems shall have at least one (1) spare cartridge for each cartridge in use, which is clean and ready for installation, along with at least one (1) vat which is capable of submerging all of the cartridges from one filter vessel. Pools with modular media cartridge filtration shall have at least one (1) spare cartridge for each type of cartridge in use, which is clean and ready for installation. When cartridges become clogged to the extent that cleaning does not restore them, or they become damaged, they shall be discarded. The filtration rate for cartridge filters shall not exceed three hundred seventy-five one thousandths (.375) gpm per square foot of filter area, or the NSF design listed flow rate, whichever is less. SECTION 26.6 POTABLE WATER SUPPLY, POOL WATER QUALITY/TESTING, CHEMICALS AND WASTEWATER 26.601 Potable Water Supply - All pools shall have a water supply which: is approved by the Division; is in compliance with the requirements of the "State of Delaware Regulations Governing Public Drinking Water Systems;" and is of adequate capacity to meet peak demands while maintaining at least twenty five (25) pounds per square inch (psi) and not more than one hundred (100) psi at all points in the system. All drinking fountains shall be in good working order. Cross connections between the potable water supply and the pool water shall be prohibited. Hose bibbs shall be located such that they do not constitute a tripping hazard and shall be equipped with vacuum breakers or other backflow prevention devices approved by the Division. 26.602 Fillspout - All pools shall have a permanent fillspout which shall be air gapped at least two (2) pipe diameters above the pool rim, or the rim of any vessel or pipe that connects to the pool. In order to minimize the possibility of creating a tripping hazard, all fillspouts that are on the deck shall be located immediately next to one of the pool ladders, or another approved location. The portion of the water line passing through a concrete deck shall either be non-plastic piping or shall be inside a metal sleeve. All pools which are in existence on the effective date of these Regulations and do not have a permanent fillspout, or have a fillspout that is a potential tripping hazard, should take whatever steps are appropriate to install the fillspout or eliminate the potential tripping hazard. All fillspouts located on the pool deck should be braced. 26.603 Clarity - The water in all pools shall be sufficiently clear and the lighting shall be sufficient such that all areas of the pool, and either of the following are clearly visible from the deck: the main drain(s) and all bottom markings; or a black disk six (6) inches in diameter superimposed upon a white field and placed on the bottom at the deepest point. The turbidity of the pool water shall be five tenths (.5) NTU or less. 26.604 Bacteriological Quality - If samples are taken for the heterotrophic plate count test [standard plate count (SPC)], the result shall be less than (<) two hundred (200) colonies per milliliter. If samples are taken for the total coliform test, when the membrane filtration (MF) technique is used, the result shall be less than (<) one (1) colony per one hundred (100) milliliters of sample, when the multiple tube fermentation or most probable number (MPN) method is used, none of the confirmed portions shall show the presence of the coliform group [result reported as less than (<) 2.2] and when the presence/absence test is used, the result shall be absent. Samples shall be taken by, or required by the Division whenever it is deemed necessary. For the purpose of determining compliance with this Section, samples may be considered only if they have been analyzed by the Division or by another approved laboratory. 26.605 Chemical Quality - The chemical quality of pool water shall not cause any irritation to the eyes or skin of bathers and shall be in compliance with the requirements of the "State of Delaware Regulations Governing Public Drinking Water Systems." The pH shall not be less than 7.2 or greater than 7.8. All pool water should be balanced (pH, calcium hardness, alkalinity, and temperature) and maintained in accordance with either Langelier Index/Water Balance method shown in Appendices A and B, or an approved equivalent, and the total dissolved solids (TDS) level should not exceed one thousand five hundred (1500) parts per million (ppm). Any chemical added directly or indirectly to a pool shall be approved by the Division, registered with the U. S. Environmental Protection Agency, used strictly in accordance with the manufacturer's directions and properly labeled in accordance with the Hazardous Chemical Information Act 16 Del. C. Chapter 24 (Right to Know). The Material Safety Data Sheet (MSDS) for each chemical should be kept at the pool. All pools should have an automatic pH adjustment chemical feeder. Any pool using gas chlorine, and any pool with a documented history of pH level violations shall have an automatic pH adjustment chemical feeder that: is the NSF listed; is approved by the Division; has approved anti-siphon protection; and is wired such that it feeds only when the recirculation pump runs (shall be done on all pools which are in existence on the effective date of these Regulations when either the chemical feeder or recirculation pump are replaced). The manual addition of approved non-disinfectant chemicals shall be permitted only in special situations (e.g. trying to achieve water balance), which require that the pool be closed. After this manual addition has been completed, the pool shall remain closed for at least one (1) turnover and until such time as the chemical is thoroughly and evenly dispersed throughout the pool. 26.606 Disinfection - All pools shall be disinfected with an approved halogen that imparts an easily measured residual and is fed through an automatic feeder that: is NSF listed (with the exception of gas feeders); is approved by the Division; has approved anti-siphon protection; is capable of providing a dosage of at least ten (10) ppm for outdoor pools and a dosage of five (5) ppm for indoor pools (shall be done on an existing pool when the disinfectant feeder is replaced); and is wired such that it feeds only when the recirculation pump runs (shall be done on all pools which are in existence on the effective date of these Regulations when either the disinfectant feeder or recirculation pump are replaced). A flow-through (erosion) feeder shall feed only the disinfectant(s) specified by the manufacturer. All feeders, with the exception of flow-through feeders, shall add the disinfectant downstream from the filter and heater. All pool disinfectants shall be registered with the U.S. Environmental Protection Agency and approved by the Division. Manual addition of an approved halogen disinfectant shall be permitted only in special situations (e.g. superchlorination), which require that the pool be closed. After this manual addition has been completed, the pool shall remain closed: for at least one (1) turnover and until such time as the chemical is thoroughly and evenly dispersed throughout the pool; and the automatic feeder is operating properly if it was not at the time of the manual addition. Use of stabilized chlorine (cyanuric acid) in indoor pools shall be prohibited. In order for any non-halogen to be approved as a stand alone disinfectant, satisfactory performance shall be demonstrated during an NSF evaluation. Pools using gaseous type chlorination shall comply with the following requirements: a. All gas chlorine shall be fed by use of a vacuum injector system. Direct cylinder feed shall be prohibited. b. All chlorine gas feed and storage shall be located at or above ground level in a separate room used for nothing else, and all openings from this room to any other rooms shall be sealed. c. The chlorine room shall be provided with a light and a positive ventilation fan with a floor level discharge to the outdoors that provides one complete air change per minute and operates continuously while the pool is open. d. The chlorine room shall have a shatter resistant inspection window and a door that opens outward to the building exterior. e. Light and fan switches shall be located outside the chlorine room. f. All chlorine cylinders shall be securely fastened or restrained against falling and all chlorine cylinders in use (connected to the feeder) shall be mounted on scales or equipped with an automatic switchover device. All cylinders should be stored in the chlorine room. g. The chlorinator shall be vented outdoors above grade and the vent shall be screened. h. If floor drains must be installed, they shall discharge outside of the building and shall not be connected to any other drains. i. The chlorine room temperature shall be at least 60oF at all times and shall be protected against excessive heat. j. A self contained breathing apparatus, and a bottle of ammonia for leak detection, shall be kept readily accessible at a location outside the chlorine room. k. A gas chlorine warning sign shall be posted outside the room. l. A new seal shall be installed each time a cylinder is changed. m. A chlorine leak detection device with audible and visual alarm should be provided. All pools shall/should be disinfected in accordance with the following requirements/recommendations: REQUIRED RECOMMENDED Minimum RECOMMENDED Maximum Level Level Level Free Chlorine 0.5 ppm 1.0-3.0 ppm 5.0 ppm Free Chlorine (Spa Pool) 1.0 ppm 2.0-5.0 ppm 10.0 ppm Free Chlorine with Cyanuric Acid 1.5 ppm 1.5-3.0 ppm 5.0 ppm Free Chlorine with Cyanuric Acid (Spa Pool) 2.0 ppm 2.0-5.0 ppm 10.0 ppm Bromine 10 ppm 2.0-4.0 ppm 6.0 ppm Bromine (Spa Pool) 2.0 ppm 3.0-6.0 ppm 10.0 ppm Cyanuric Acid None 30-50 ppm *100 ppm Combined Chlorine None 0.0 ppm 0.2 ppm ORP** **650 mV **700-750 mV *(required) **(recommended NOTE-Pools using bromine should use ozone as a supplementary disinfectant/oxidizer. 26.607 Water Testing Equipment and Sampling Frequency - All pools shall have approved testing equipment for pH, disinfectant residual, alkalinity, and calcium hardness. For disinfectant residual, the DPD (Diethyl-P-Phenylene Diamine) method, or any other method in the current edition of Standard Methods for the Examination of Water and Wastewater, shall be used. If the disinfectant is chlorine, the test kit shall be capable of measuring both free and total chlorine residual. For pH, the phenol red colorimetric method, or any other method in the current edition of Standard Methods for the Examination of Water and Wastewater, shall be used and the test kit shall have a range of at least 6.8-8.2. In addition to these parameters, pools that use a stabilized halogen shall have approved cyanuric acid testing equipment. All chemical test kit reagents shall be dated when received, and shall be replaced just prior to the start of each outdoor pool season, and at least yearly for indoor pools, with the exception of phenol red which shall be replaced at least every six (6) months. pH and disinfectant residual shall be measured daily, prior to the pool opening, and as often as necessary while the pool is open (recommended every one (1) to two (2) hours) in order to ensure the proper levels. Alkalinity, calcium hardness and cyanuric acid (if applicable) shall be measured after each addition of make up water and at least weekly. All sample results shall be recorded along with the date, time and sample location (area of the pool). Records of sample results shall be kept at the pool for at least one (1) year, shall be available for viewing by any representative of the Division during an inspection and shall be submitted to the Division upon request. If any other substance is added to the pool on a regular basis (e.g. copper/silver from a supplemental disinfection system), the Division may require testing to ensure that the concentrations do not exceed acceptable levels. 26.608 Pool Water Level and Recirculation System - When the pool open, the pool water level shall be maintained at an elevation suitable for continuous flow into the perimeter overflow gutter or surface skimmers. The recirculation system shall operate continuously (24 hours per day), with the exception of the automatic disinfectant feeder when the disinfectant level approaches or exceeds the upper recommended level. All pools shall have the capability of pumping water to waste either directly or via filter backwash. A dye test should be performed at least annually on every pool. The Division may require a dye test to ensure that the recirculation system is providing even and complete recirculation throughout the pool. 26.609 Chemical Storage - All chemicals, including test kits, shall be stored in accordance with the storage recommendations on the manufacturer's label and the MSDS, and they shall be stored in areas that are not easily accessible to bathers or other unauthorized personnel. All pools shall keep adequate quantities of chemicals on hand such that shortages are not experienced. "NO SMOKING" signs shall be conspicuously posted in all chemical storage areas. 26.610 Wastewater Disposal - Cross connections between the pool recirculation system and any wastewater system, including the filter backwash drain, shall be prohibited. The backwash discharge line shall terminate above the drain entry point by a distance of at least twice its diameter. All wastewater, including filter backwash water, should discharge into facilities that are in compliance with all appropriate state and local codes. 26.611 Ozone - All ozone systems should be NSF listed. SECTION 26.7 OPERATION, MAINTENANCE, GENERAL SANITATION, PERSONNEL, SUPERVISION AND SAFETY 26.701 Operation and Maintenance - All pools, their premises, and appurtenances, shall be operated and maintained at all times with regard to the safety of bathers and employees. All plumbing shall be properly installed and maintained. During an electrical storm, use of any pool (indoor or outdoor) shall be prohibited. Alcoholic beverages shall be prohibited in the pool and on the pool deck (area required by Section 26.309). Food and beverages shall be prohibited in the pool and within four (4) feet of the pool edge. Glass or other breakable containers, utensils, etc. shall be prohibited within the pool fence, pool room or bathhouse facilities. Pool walls and floors shall be refinished when safe sanitary conditions cannot be maintained. Any deck/walkway areas that are hazardous to patrons or their bare feet (e.g. tripping, abrasions, splinters, etc.) or do not properly drain, shall be repaired or replaced such that the hazard or drainage problem is eliminated. Any electrical hazard shall be eliminated. All pools which have a slope break, shall install a line of contrasting color one (1) to two (2) feet on the shallow side of the break directly under the safety line that is either: solid and at least two (2) inches wide or intermittent with sections that are at least four (4) inches by four (4) inches and not more than one (1) foot apart on centers. All pools which have steps or benches, shall install a solid marking line of contrasting color which is at least one (1) inch wide on the top surface edge of each pool step or bench. All pools which have any type of overflow gutter or a safety ledge with a submerged protruding edge, shall install a solid marking line of contrasting color which is at least one (1) inch wide on the top surface edge of the gutter. 26.702 General Sanitation and Sanitary Facilities - All pools and related facilities shall be maintained in a clean sanitary condition. The pool floor, walls, deck, walkways and bathhouse facilities shall be cleaned and disinfected with an approved disinfectant as often as necessary in order to maintain an environment which is free of sediment, dirt, algae, grass/weeds and foreign objects. All garbage shall be stored in containers which are sufficient in number and properly covered so as not to attract vermin. Effective control measures shall be utilized to minimize or eliminate the presence of rodents, flies, roaches or other vermin. All pools shall have at least one (1) permanent or portable water closet for the lifeguard/attendant, which is accessible when the pool is open and is located such that the path of travel from the nearest pool entrance/exit does not exceed five hundred (500) feet. If a portable water closet is provided, it shall be properly vented, designed to exclude flies, equipped with a self-closing door, provided with toilet tissue and maintained in a clean sanitary condition. This water closet should be located contiguous to the pool deck or pool room. 26.703 Animals - With the exception of guide animals for the handicapped, animals shall be prohibited within the pool fence, pool room or bathhouse facilities. 26.704 Bathing Suits - All bathers should wear bathing suits. A bathing suit should be a garment designed for that purpose which covers the buttocks (male and female) and breasts (female). If anyone who is not toilet trained is going to use a pool, the operator should take whatever steps are necessary to ensure that fecal material does not enter the water (e.g. requiring the use of a swimsuit diaper). Should fecal material enter any pool, the pool shall be closed immediately and the operator shall follow Division procedures for reopening. 26.705 Employee/Bather Health - No person with evidence of a communicable or contagious disease shall be employed at a pool. No person with evidence of a communicable disease, cough, cold, open sore, bandaged wound shall be allowed to enter the pool water except where certified by a physician not to have a disease in the communicable stage. Any person suspected of being under the influence of alcohol or drugs shall be prohibited from entering the pool. 26.706 Lifeguard - Unless exempted by Title 16 Delaware Code, each pool that is greater than 250 square feet (water surface) or greater than four (4) feet deep (any portion) shall have a lifeguard on duty when the pool is open. It is recommended that there be a minimum of two (2) lifeguards on duty when the pool is open and further recommended that there be one (1) lifeguard per either: fifty (50) bathers; or two thousand (2000) square feet of pool water surface; or fractions thereof. If a lifeguard who is working alone must leave poolside, for whatever reason, he/she shall take whatever steps are necessary to ensure that no one remains in or enters the water is his/her absence. Copies of training/certification documentation for all lifeguards currently employed by the pool's management shall be present at the pool when it is open and should be available for viewing by patrons. No person shall serve as a lifeguard unless he or she meets all of the following training requirements and can produce the appropriate documentation upon request of the Division: a. Current certification in National YMCA Lifeguarding, or American Red Cross Basic Lifeguarding, Ellis & Associates National Pool & Waterpark Lifeguard Training, Aquatic Resource Service Associates Aquatic Rescue Training or approved equivalent. b. Current certification in American Red Cross, American Heart Association, or National Safety Council (NSC) Cardiopulmonary Resuscitation (CPR), or approved equivalent, that includes training in: one (1) person adult CPR, child CPR and infant CPR. c. Current certification in American Red Cross Standard First Aid, or approved equivalent, that includes training in: obstructed airway, artificial breathing, control of bleeding, and treatment for shock. 26.707 Attendant - If none of the pools at a facility require a lifeguard based on surface area or depth, each pool, with the exception of those exempted by Title 16 Delaware Code, shall have at least one (1) attendant with approved training on duty when the pool is open. If the attendant is not in direct view of the pool, he/she shall be located such that the poolside alarm required by Section 26.720 can be easily heard. Copies of training/certification documentation for all attendants currently employed by the pool's management shall be present at the pool when it is open and should be available for viewing by patrons. No person shall serve as an attendant unless he or she meets all of the following training requirements and can produce the appropriate documentation upon request of the Division: a. Current certification in American Red Cross, American Heart Association or NSC Cardiopulmonary Resuscitation (CPR), or approved equivalent that includes training in: one person adult CPR, child CPR and infant CPR. b. Current certification in American Red Cross Standard First Aid, or approved equivalent, that includes training in: obstructed airway, artificial breathing, control of bleeding, and treatment for shock. 26.708 Lifeguard Warning Sign - Any exempted pool that does not have a lifeguard or attendant on duty shall conspicuously post the following sign at the pool entrance(s) and at least one (1) other location inside the pool room/fence: "WARNING NO LIFEGUARD ON DUTY" in letters at least four (4) inches high along with "CHILDREN UNDER THE AGE OF SIXTEEN (16) SHOULD BE ACCOMPANIED BY A PARENT OR GUARDIAN" in letters at least one (1) inch high. (NOTE - A guardian is an adult who is responsible for the children and their behavior) 26.709 Lifeguard Stand - All pools with a water surface area greater than two thousand (2000) square feet shall have at least one (1) lifeguard stand and additional stands should be provided based on each additional two thousand (2000) square feet or fraction thereof. The lifeguard stand shall be at poolside, however, no part of the stand shall extend past the edge of the pool. The lifeguard stand seat should be four (4) to six (6) feet above the pool deck. 26.710 Unsupervised Solo Bathing - Unsupervised solo bathing shall be prohibited at all pools with the exception of those exempted by Title 16 Delaware Code. 26.711 Maximum Bathing Load - In SwP pools, the maximum bathing load shall be based on one (1) bather per twenty-five (25) square feet of pool water surface. If a diving board is present and in use, the three hundred twenty (320), three hundred sixty (360) or four hundred (400) square feet of diving board water entry area per device (Sections 26.110 and 26.320) shall not be included in computing the maximum bathing load. If a swimming pool slide is present and in use, the two hundred fifty-six (256) square feet of swimming pool slide water entry area (Section 26.137) shall not be included in computing the maximum bathing load. 26.712 Injury, Resuscitation or Death - The Division shall be notified within twenty-four (24) hours of any incident at a pool which: requires referral to a hospital, doctor or other facility for medical attention; requires resuscitation; or results in death. The notification shall be followed up by a written report within thirty (30) days which contains all pertinent details of the incident. 26.713 Pool Security - All entrances to indoor pools shall be equipped with locks and each entrance shall be locked when the pool is closed. All outdoor pools shall be enclosed by a fence which provides a barrier that is at least four (4) feet high everywhere [six (6) feet recommended], measured from ground level outside the fence. All pool fences shall be equipped with a locking gate which shall be locked when the pool is closed. 26.714 Depth Markings - With the exception of wading pools and spa pools, the water depth of all pools, in feet to the nearest one half (1/2) foot, shall be plainly marked at or above the water surface on the vertical pool wall, and on the coping or deck within eighteen (18) inches of the pool edge. For pools with open gutters, the depth marking required on the vertical pool wall may be located on the wall of the room for indoor pools, and on the fence for outdoor pools. These pairs of depth markings shall be located at the points of minimum depth, maximum depth, intermediate depths at no more than two (2) foot depth increments with one (1) foot increments recommended, breaks in slope and on each end of the pool. All depth markings shall be at least four (4) inches high, of a contrasting color and spaced no more than twenty-five (25) feet apart on the pool perimeter. Markings on the pool walls shall be positioned to be read from the water. Markings on the deck shall be positioned to be read while standing on the deck and facing the pool and shall be slip resistant. 26.715 Safety Line - Whenever non-swimmers are in the water, all pools that have a slope break shall have a safety line located at least one (1) foot and not more than two (2) feet on the shallow side of the slope break, directly above the line on the bottom. The safety line shall have clearly visible colored floats spaced not more than five (5) feet apart. The safety line shall be of sufficient size and strength to provide a handhold which will support any bather who is in need of help and the connections to the pool wall shall be recessed. 26.716 Safety Equipment - All pools shall have the following safety equipment which shall be easily accessible: a. A telephone, within or immediately adjacent to the pool fence or room, with appropriate emergency numbers posted nearby. Pay telephones are acceptable if they do not require coins in an emergency. In lieu of a telephone, a manually activated emergency alarm system which alerts someone else to dial the telephone is acceptable. All of the above must be able to send and receive calls. b. Two blankets. c. A first aid kit with the current edition of the American Red Cross standard first aid book or equivalent. The kit should include at least the following: soap, ice packs, band-aids, compresses (2" X 2" & 4" X 4"), gauze roller bandages, two(2) triangle bandages, surgical gloves and a mouth to mouth mask. d. One rigid backboard (long board) with at least three (3) attached ties/straps which is compatible for transport in the Delaware State Police MED-E-VAC helicopter, meets the design requirements of Emergency Medical Services, and is approved by the Division. Six (6) attached ties/straps are recommended. If a pool, because of size, will not accommodate a long board being placed under a bather, a reduced backboard (short board) with at least one (1) tie/strap may be substituted. Current specification requirements for backboards are available upon request from the Division (NOTE - This is not required for exempted pools that operate without a lifeguard). In addition to the above, all SwP pools shall also be equipped with the following safety equipment which shall be and easily accessible: e. One (1) or more lightweight poles at least twelve (12) and not more than fifteen (15) feet long, and equipped with a shepherd's hook. f. One ring buoy at least eighteen (18) to twenty-four (24) inches in diameter attached to at least fifty (50) feet of rope. g. At least one (1) rescue tube for each lifeguard on duty. (NOTE - This is not required for exempted pools that operate without a lifeguard. 26.717 Diving - With the exception of official competition or when there is qualified instruction, diving shall be prohibited into water that is five (5) feet deep or less. At SwP and WSF pools, all areas where the water is five (5) feet deep or less shall be clearly labeled "No Diving" on the coping (edge of the deck). For indoor pools, the "No Diving " markings may be approved on the walls of the room if it can be demonstrated that it is not feasible to provide them on the edge of the deck. The "No Diving" markings shall be: of a contrasting color; easily readable;, slip resistant and at least four (4) inches high consisting of the words "No Diving," the words "No Diving" in combination with the picture (international) sign (diver inside a red circle with a red line across), or other approved markings. The number of markings shall be at least equal to the number of depth markings within the "no diving area" and shall be spaced no more than twenty-five (25) feet apart on the perimeter of the "no diving" area. 26.718 Shallow End Starting Blocks - Shallow end starting blocks (water depth that is five (5) feet or less) shall be removed when there is no official competition, instruction or practice. Shallow end starting blocks that are not removable shall be labeled "starting blocks shall be used only during official competition or when there is qualified instruction." 26.719 Wading Pool Supervision - All children using a wading pool should be supervised by a responsible person who is at least sixteen (16) years of age. 26.720 Spa Pool Attendant Alarm - Any SpP pool, with the exception of those at exempted facilities, which is located such that it is not in direct view of the attendant shall have, in the immediate vicinity of the pool, a clearly labeled alarm device that can be activated when a bather is in trouble and is easily heard throughout the area or building. This alarm shall produce a distinctly different sound than that of the high temperature alarm. 26.721 Spa Pool Warning Sign - A clearly visible sign shall be mounted at the entrance of each SpP pool facility or adjacent to each SpP pool and shall include, but is not limited to, the following: a .All bathers should take a shower prior to entering. b. Enter and exit slowly and cautiously. c. Unsupervised solo bathing is prohibited. d. Use by anyone under sixteen (16) years of age is prohibited unless there is documented written permission from their physician. e. Elderly persons and anyone with heart disease, diabetes, high or low blood pressure, or anyone under a physician's care should not enter without consulting with their physician. f. Pregnant women should not enter unless the temperature is less than 102oF. g. Hot water immersion while under the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, hypnotics, narcotics or tranquilizers may be hazardous to your health and is prohibited. h. Observe a fifteen (15) minute time limit, then shower, cool down and return if you wish. Longer exposures to this water may result in nausea, dizziness or fainting. i. Do not submerge to the bottom of the pool, hair may become entangled in bottom outlet. Long hair should be tied in a knot or a bun in order to keep it out of the water. j. No body lotions or oils are permitted. 26.722 Spa Pool Timer Switch - All SpP pools shall have a clearly labeled reversible aeration/jetting system timer switch with a fifteen (15) minute time limit located in the pool area but such that it cannot be reset from within the pool. 26.723 Spa Pool Temperature/High Temperature Prevention System - The water temperature in SpP pools should not exceed 100oF and shall not exceed 104oF. All spa pools shall have a thermometer that is measuring the current water temperature and the temperature should be checked and recorded at least hourly when the pool is open. If the thermometer is in the pool, it shall be non-glass and tethered. All SpP pools shall be equipped with an approved system that will ensure that the water does not exceed 104oF (e.g a high temperature alarm, an automatic heater shut off device, etc.) The alarm shall produce a distinctly different sound than that of the attendant alarm. If there is a documented history of high temperature violations, the high temperature prevention system shall be replaced/upgraded. The Division may test the high temperature prevention system to ensure proper operation. 26.724 Spa Pool Clock - A clock which is easily readable from the SpP pool shall be provided. 26.725 Water Slide Flume-Head of the Flume Personnel - At least one person who meets the training requirements of Section 26.707a shall be stationed at the head of the flume to supervise and control the start of each slider, the spacing of sliders and the monitoring of the downward progress of each slider. 26.726 Water Slide Flume-Splash Pool Attendant - At least one attendant shall be stationed near the end of the flume/run out to supervise and control the sliders as they arrive. Additional attendants shall be required at the discretion of the Division. 26.727 Ventilation - All bathhouse rooms, equipment rooms, chemical storage rooms and indoor pool rooms shall be provided with adequate natural or mechanical ventilation such that satisfactory indoor air quality is maintained. 26.728 Cartridge Filtration - All pools with cartridge filtration systems shall have at least one (1) spare cartridge for each cartridge in use, which is clean and ready for installation, along with at least one (1) vat which is capable of submerging all of the cartridges from one filter vessel. Pools with modular media cartridge filtration shall have at least one (1) spare cartridge for each type of cartridge in use, which is clean and ready for installation. When cartridges become clogged to the extent that cleaning does not restore them, or they become damaged, they shall be discarded. SECTION 26.8 WADING POOLS 26.801 General Requirements - Except as otherwise noted previously and in this Section, WP pools shall comply with all other requirements of these Regulations. 26.802 Location - WP pools which are installed in conjunction with a SwP pool shall be located adjacent to the shallowest area of the SwP pool and shall be at least ten (10) feet away. If any part of the SwP pool is greater than five (5) feet deep the WP pool shall be located at least twenty (20) feet away. 26.803 Floor/Slope - The slope of a WP pool floor shall not exceed six (6) inches in ten (10) feet (6"/10') and the floor shall be slip resistant. 26.804 Fencing - All WP pools which are indoors or within the confines of another pool fence shall be surrounded by a fence which is at least three (3) feet high and is equipped with a gate. 26.805 Recirculation System - The WP pool recirculation system shall be capable of providing a minimum of twenty-four (24) turnovers of the pool volume per day [one (1) every hour] against the maximum head. 26.806 Floor Outlets/Drains - All WP pools shall be provided with at least one (1) of the following connected to the recirculation system and capable of draining the pool: two (2) antivortex floor outlets/drains as far apart as possible on the same line with a flow control valve; one (1) antivortex floor outlet/drain connected to the skimmer line with no individual flow control valves prior to the pump; or another approved fitting. The velocity of the water entering the outlet/drain should never exceed one and one half (1 1/2) feet per second. 26.807 Perimeter Overflow Gutters and Surface Skimmers - All WP pools shall be equipped with either a perimeter overflow gutter or at least one skimmer which is connected to the recirculation system and effectively remove any floating material. For WP pools that are greater than five hundred (500) square feet of water surface, one (1) additional skimmer shall be provided for each additional (500) square feet of pool water surface or fraction thereof. Under normal operating conditions the total flow rate through the skimmers should be one hundred (100) per cent of the design flow rate. 26.808 Inlets - All WP pools shall have at least two (2) inlets and in WP pools where only one (1) skimmer is required, the inlets shall be located such that they direct water toward the skimmer. 26.809 Water Replacement - The entire WP pool water volume should be replaced on at least a weekly basis either by normal backwashing or by pumping directly to waste. SECTION 26.9 SPA POOLS 26.901 General Requirements - Except as otherwise noted previously and in this Section, SpP pools shall comply with all other requirements of these Regulations. 26.902 Location - A SpP pool shall be at least eight (8) feet away from any other pool. 26.903 Decks and Walkways - A deck at least four (4) feet wide shall be provided around at least fifty (50) per cent of the perimeter of a SpP pool. If the SpP pool is free standing and not higher than thirty six (36) inches, the deck may be at floor level. 26.904 Steps and Benches - SpP pools which are greater than twenty-four (24) inches deep shall have at least one (1) step with at least one (1) handrail (two (2) are recommended) and all steps shall be located at a point where the deck is at least four (4) feet wide. The step tread shall be at least ten (10) inches deep and at least twelve (12) inches wide, and the step riser shall be at least seven (7) inches and not be more than twelve (12) inches high. When the bottom tread also serves as the bench, the height above the pool floor shall not exceed fourteen (14) inches. The first and last risers need not be uniform. Intermediate risers, however, shall be uniform in height. Benches that are installed in SpP pools shall be permanent and the depth of water over the bench shall not exceed twenty-four (24) inches. The top surface edge of all benches and steps shall be outlined in contrasting color by a marking line at least one (1) inch wide. 26.905 Fencing - SpP pools that are installed inside the confines of another pool fence are not required to be fenced. 26.906 Recirculation System - The SpP pool recirculation system shall be completely separate from the air/water jet system and shall be capable of providing a minimum of ninety-six (96) turnovers of the pool volume per day [one (1) every fifteen (15) minutes] against the maximum head. 26.907 Floor Outlets/Drains - All SpP pools shall be provided with at least one (1) of the following connected to the recirculation system and capable of draining the pool: two (2) floor outlets/drains as far apart as possible on the same line with a flow control valve; one (1) floor outlet/drain connected to the skimmer line with no individual flow control valves prior to the pump; or another approved fitting. The velocity of the water entering the outlet/drain should never exceed one and one half (1 1/2) feet per second. 26.908 Perimeter Overflow Gutters and Surface Skimmers - All SpP pools shall be equipped with either a perimeter overflow gutter or at least one skimmer which is connected to the recirculation system and effectively removes any floating material. If the second option in 26.908 is chosen, any approved through the wall skimmer with a weir may be used. 26.909 Inlets - All SpP pools shall have at least two (2) inlets which are connected to the recirculation system and in SpP pools where only one (1) skimmer is required, the inlets shall be located such that they direct water toward the skimmer. 26.910 Air Jetting System - All air jetting (blower) systems shall have a raised loop or some other approved method to prevent water backup that could cause electrical shock hazards. 26.911 Water Replacement - The entire SpP pool water volume should be replaced on at least a weekly basis either by normal backwashing or by pumping directly to waste. SECTION 26.10 WATER SLIDE FLUMES 26.1001 General Requirements - Except as otherwise noted previously and in this Section, WSFs shall comply with all other requirements of these Regulations. 26.1002 Splash Pool Design and Depth - In order to facilitate prompt, safe exiting by bathers, all splash pools shall have either a set of steps along the entire length of the exit side (side opposite the flume terminus), or a floor that slopes upward to meet the water surface. The steps or upward sloping floor shall have one (1) handrail per flume or one (1) handrail every seven (7) feet, whichever is greater. Ladders shall be prohibited. The depth of the splash pool at the flume end shall be at least three (3) feet and not more than four (4) feet, and this depth shall be maintained for at least twenty (20) feet in front of the flume end. The floor slope shall not exceed one (1) foot in seven (7) feet and all slopes shall be constant. 26.1003 Flume End - Flumes shall terminate either at a depth of at least six (6) inches below the splash pool operating water level, or not more than two (2) inches above the splash pool operating water level, provided the flume is level for at least the last ten (10) feet. The distance between the side of any flume end and the side of the splash pool shall be at least five (5) feet. The distance between the sides of adjacent flumes shall be at least six (6) feet and adjacent flumes utilizing the same splash pool shall be parallel at the ends. 26.1004 Decks and Walkways - A deck at least ten (10) feet in width shall be provided along the entire exit side of the splash pool. All walks and steps from the exit side to the top of the flume shall be: at least four (4) feet wide; constructed of concrete or other slip resistant material approved by the Division; smooth, easily cleanable and properly maintained; and separated from any flume by a physical barrier such that people on the walks or steps cannot reach the flumes. 26.1005 Recirculation System - The WSF recirculation system shall be capable of providing a minimum of twenty-four (24) turnovers of the splash pool and pump reservoir volume per day [one (1) every hour] against the maximum head. 26.1006 Pump Reservoirs - Pump reservoirs shall be separate from the splash pool, shall be made of concrete or other impervious material with a smooth slip-resistant finish, and shall be connected to the splash pool by a weir. The minimum pump reservoir volume shall be equal to five (5) minutes of the combined flow rate in gpm of all water slide flume pumps. Pump reservoirs shall be accessible only to authorized individuals. Access decks shall be provided. The pump intake(s) shall be located in the pump reservoir and shall be designed to allow cleaning without danger of operator entrapment. The pump reservoir shall have a minimum of one (1) main drain with separate piping and valve to the filtration system. Pumps shall have check valves on all discharge lines. 26.1007 Perimeter Overflow Gutters and Surface Skimmers - All splash pools and pump reservoirs shall have either perimeter overflow gutters or surface skimmers which effectively remove any floating material and are connected to the recirculation system. Where perimeter overflow gutters are used, they are not required along the weirs or under the flume end. Where surface skimmers are used, one (1) shall be in the splash pool and one (1) shall be in the pump reservoir. Where an odd number of surface skimmers are required they shall be positioned appropriately based on the size of the splash pool and pump reservoir. 26.1008 Disinfection - WSF pools may be permitted to manually add a halogen disinfectant, in addition to the automatic feeder, if it can be done somewhere other than the flume or splash pool. 26.11 SPECIAL PURPOSE POOLS 26.1101 General Requirements - Child care facility pools and other pools which do not fit into the categories SwP, WP, SpP, or WSF, of Section 26.125 because of the design, size, usage, or other factors, shall be classified as SpPP by the Division, provided that the design is within the limits of sound engineering practice. The Division shall require compliance with any Sections of these Regulations which are deemed necessary, to assure the health and safety of SpPP pool bathers. SECTION 26.12 PROCEDURE FOR ADMINISTRATIVE ACTION 26.1201 Operating Without a Permit - If a pool is found operating without a valid permit as required by Section 26.204, the Director shall issue a written notice for immediate closure. This notice shall be delivered to either the lifeguard/operator or the person in charge. The closure shall be effective upon delivery of the notice and a closure notice statement on the sanitary survey report constitutes a written notice. A sign stating that the pool is closed may be posted at the bather entry point(s) and this sign shall be removed only by, or with the consent of the Director. Within five (5) days of receipt of this closure notice, the person in charge may request a hearing before the Director. If a hearing is requested, it shall be scheduled within ten (10) days. At least five (5) days prior to the hearing, the person in charge shall be notified of the date, time and place. If plans and specifications for the pool have been previously approved by the Division, the pool may reopen when approval of the Director has been granted and a permit has been issued. If there is no record of a Certificate of Approval, plans and specifications shall be submitted in accordance with Section 26.202. 26.1202 Suspension of a Permit - If some condition exists at a pool which presents an imminent health hazard to the public, the Director may suspend the operating permit and issue a written notice for immediate closure, without a hearing, for a period not to exceed fifteen (15) days. This notice shall be delivered to either the lifeguard/operator or the person in charge. The suspension shall be effective upon delivery of the notice and a closure notice statement on the sanitary survey report constitutes a written notice. This written notice shall state the reason(s) for the suspension/closure and the person in charge shall be requested to yield the permit to the Director. A sign stating that the pool is closed may be posted at the bather entry point(s) and this sign shall be removed only by, or with the consent of the Director. A suspension/closure notice shall be issued for any of the following conditions:* a. The clarity of the water is not in compliance with the provisions of Section 26.603. b. The bacteriological quality of the swimming pool water is not in compliance with the provisions of Section 26.604. c. The pH of the swimming pool water is less than 7.2 or greater than 7.8. d. The automatic disinfection system is not functioning properly, or, there is no automatic disinfection system or disinfectant present. e. The free chlorine residual is less than the level specified in Section 26.606. f. The bromine residual is less than the level specified in Section 26.606. g. The cyanuric acid level is greater than one hundred (100) ppm. h. The recirculation pump is not operating or not present. i. The filter is not operating or not present. j. There is no qualified lifeguard or attendant on duty. k. The water temperature exceeds 104oF in a spa pool. l. There is a bare electrical wire or other obvious electrical hazard present. m. The lighting is not in compliance with the provisions of Section 26.310 and because of this, the following are not clearly visible without glare from the deck: the main drain(s) and all bottom markings; or a black disk six (6) inches in diameter superimposed upon a white field and placed on the bottom at the deepest point. n. The bottom drain cover/grate is missing, broken, or not properly secured. o. An authorized representative of the Division is denied immediate access to the pool pursuant to Section 26.207. p. Fecal material is discharged into the pool water. q. There is any other condition, or combination of conditions which may endanger the health, safety, or welfare of the bathers. *If the person in charge, the pool operator or the lifeguard/attendant determines that any of the above conditions exist, they shall immediately close the pool. The Division shall be notified of the closure and the pool shall remain closed until the condition is satisfactorily corrected. Within five (5) days of receipt of a suspension notice, the person in charge may request a hearing before the Director for the purpose of demonstrating that the imminent public health hazard no longer exists. If a hearing is requested, it shall be scheduled within ten (10) days. At least five (5) days prior to the hearing, the person in charge shall be notified of the date, time and place. After the hearing, if the Director determines that the public health hazard no longer exists, the suspension shall be immediately lifted. If, however, the Director determines that the public health hazard still exists, the suspension shall continue, and the Director may recommend that the permit be revoked. The person in charge may appeal the decision of the Director to the Secretary, DHSS. However, any such appeal does not stay the decision. This appeal must be in writing and must be filed with the offices of the Secretary, DHSS in Dover, Delaware within ten (10) days of the Director's decision. The Secretary, DHSS shall hear this appeal at its earliest opportunity. 26.1203 Administrative Hearings for Serious Violations and Repeat Violations - If any condition listed in Section 26.1202 is not corrected within fifteen (15) days or if there are repeated violations of any provision of these Regulations, the Director shall schedule an administrative hearing within ten (10) days of such a determination. At least five (5) days prior to the hearing, the person in charge of the pool shall be notified of the date, time, place, and the specific reason(s) for the hearing. After this hearing the Director may establish a compliance schedule, suspend the permit for a period not to exceed ninety (90) days or may recommend revocation of the permit. Failure of the person in charge to be present for an administrative hearing shall result in automatic suspension of the permit and recommendation for revocation to the Secretary, DHSS. The person in charge may appeal the decision of the Director to the Secretary,DHSS. However, any such appeal does not stay the decision. This appeal must be in writing and must be filed with the offices of the Secretary, DHSS in Dover, Delaware within ten (10) days of the Director's decision. The Secretary,DHSS shall hear this appeal at its earliest opportunity. 26.1204 Records of Administrative Hearings - Records shall be made of all hearing proceedings and shall become documents of record. A written report of the hearing decision shall be furnished to the Secretary,DHSS, the Office of Health Systems Protection and the person in charge of the pool within ten (10) days following the hearing. 26.1205 Reapplication After Revocation - The person in charge of a pool may make written application for a new permit ninety (90) days after the revocation of a permit has become final. SECTION 26.13 ENFORCEMENT AND INTERPRETATION No provisions of Sections 26.3, 26.4, 26.5, 26.8, 26.9, 26.10 of these Regulations shall be applied retroactively, or interpreted to require reconstruction, alteration or replacement of a pool, or any part of a pool, which has been approved by the Division and which has been installed or is under construction. If, however, a pool or any part of a pool is reconstructed, altered or replaced, or if a private pool is converted to a public pool after the effective date of these Regulations, this conversion, reconstruction, alteration or replacement shall meet all of the provisions of these Regulations. SECTION 26.14 PENALTY Any person who neglects or fails to comply with these Regulations shall be subject to penalty as provided in 16 Del. Code S107. SECTION 26.15 REPEAL, DATE OF EFFECT AND AMENDMENTS All Regulations or parts of Regulations in conflict with these Regulations are hereby repealed, and these Regulations shall be in full force and effect on the date of adoption by the Secretary,DHSS. The Secretary,DHSS may propose changes to the Regulations herein established and shall hold at least one public hearing on the proposed changes. At least thirty (30) days in advance of the public hearing, notice of proposed changes shall be published in at least two newspapers of general circulation in the State. Notice shall include a brief synopsis of the changes to be made, information on when and where the proposed changes may be reviewed by the public, the procedure for submitting comments, and the time, date and location of the public hearing. A hearing officer shall be appointed by the Secretary,DHSS, and a record shall be kept of the hearing. SECTION 26.16 SEPARABILITY If any provision of these Regulations should be declared invalid for any reason, the decision shall not effect the remaining provisions, which shall remain in full force and effect, and to this end, the provisions of these Regulations are hereby declared separable. APPENDIX A All chemicals in pool water affect the tendency of the water to be corrosive or to deposit a calcium carbonate scale. It is possible to control these two (2) conditions through the use of the Langelier Index (L.I.). The index was developed in 1936 by Professor W.F. Langelier at the University of California (Berkeley). It expresses the relationship between pH, alkalinity, calcium hardness and temperature. The resulting number (formula method - below) or position on the nomograph (nomograph method - Appendix B) indicates whether the pool water is chemically "balanced". In theory, pool water that is "balanced" will neither corrode nor deposit a scale. LANGELIER INDEX/WATER BALANCE FORMULA METHOD "Balanced" pool water has an L.I. between -0.3 and +0.3. An L.I. that is greater negatively than -0.3 indicates a corrosive water and an L.I. greater then +0.3 indicates a water that will deposit scale. After determining the pool water pH, alkalinity, calcium hardness and temperature, find the alkalinity factor(AF), calcium hardness factor(CHF) and temperature factor(TF) using the table below. Use the pH and these three (3) factors in the following equation: L.I. = pH + AF + CHF + TF - 12.1 FACTORS NECESSARY TO CALCULATE THE L.I. Alkalinity Factor Calcium Hardness Factor Temp. ( F) Factor 5 ppm 0.7 5 ppm 0.3 32 0.1 25 ppm 1.4 25 ppm 1.0 37 0.1 50 ppm 1.7 50 ppm 1.3 46 0.2 75 ppm 1.9 75 ppm 1.5 53 0.3 100 ppm 2.0 100 ppm 1.6 60 0.4 150 ppm 2.2 150 ppm 1.8 66 0.5 200 ppm 2.3 200 ppm 1.9 76 0.6 300 ppm 2.5 300 ppm 2.1 84 0.7 400 ppm 2.6 400 ppm 2.2 94 0.8 800 ppm 2.9 800 ppm 2.5 104 0.9 Sample Problem A pool water has the following characteristics: pH-7.4; alkalinity-50; calcium hardness-50 ppm; temperature-78 F. Using the tables above, the factors are 1.7 for alkalinity, 1.3 for calcium hardness; and 0.6 for temperature. Using the formula: L.I. = 7.4 + 1.7 + 1.3 + 0.6 - 12.1 = -1.1 This pool water is not balanced and is corrosive. The pH is within the required range and almost ideal, however, the alkalinity and calcium hardness should be much higher (see Appendix B). Alkalinity can be raised by adding sodium bicarbonate (baking soda) and lowered by adding muriatic acid or sodium bisulfate (dry acid). Calcium hardness can be raised by adding calcium chloride but can only be lowered by replacing part or all of the pool water with lower calcium hardness water. APPENDIX B LANGELIER INDEX/WATER BALANCE NOMOGRAPH METHOD Measure the pool water pH, alkalinity and calcium hardness. The pH must be 7.2 - 7.8. pH can be raised by adding sodium carbonate (soda ash) and can be lowered by adding carbon dioxide (CO2), muriatic acid or sodium bisulfate (dry acid). Using the 104 F pH scale for spa pools and the 76 F pH scale for other pools, use a straight edge to line up the pH and alkalinity readings. The point where this extended line intersects the calcium hardness line is the level of calcium hardness needed for the water to be balanced. Do the same for pH and calcium hardness to get the alkalinity level needed for balance. The alkalinity and calcium hardness levels needed should be within the recommended ranges. Alkalinity can be raised by adding sodium bicarbonate (baking soda) and lowered by adding muriatic acid or sodium bisulfate (dry acid). Calcium hardness can be raised by adding calcium chloride but can only be lowered by replacing part or all of the pool water with lower calcium hardness water. STATE OF DELAWARE STATE FIRE PREVENTION COMMISSION DELAWARE FIRE SERVICE CENTER Pursuant to the authority vested in the State Fire Prevention Commission, by the State of Delaware Code, Title 16, Chapter 66, Section 6603 - Promulgation of Regulations, the State Fire Prevention Commission shall have the power to promulgate, amend, and repeal regulations for the safeguarding of life and property from the hazards of fire and explosion. The Rules and Regulations adopted December 15, 1992, are hereby amended this date, August 20, 1996, as follows: Part I, Chapter 1, Sections 1-3.5.7, 1-7.6, 1-8; Part I, Chapter 4, Sections 4-1.3, 4-7; Part I, Annex A; Part I, Annex B; Part II, Chapter 4, Section 4-1.1; Part II, Chapter 6, Sections 6-1.3, 6-3.2, 6-5.1, 6-5.2, 6-5.4, 6-7; Part II, Chapter 7; Part III, Chapter 1, Section 1-4.9; Part V, Chapter 1, Section 1-2; Part V, Chapter 4, Section 4-1; Part VI, Chapter 1, Section 1-3; Part VI, Chapter 2, Sections 1-1, 1-2; Part VI, Chapter 3, Section 3-4; Part VI, Chapter 4, Section 4-4; Part VI, Chapter 5; Part VI, Chapter 6; Appendix D. These rules and regulations shall not be construed as waiving nor abrogating any existing State nor County laws of a prohibitory nature, nor any similar municipal ordinance designed to eliminate, circumscribe, nor provide more stringent safeguards to life and property. All incorporated cities are respectfully requested to pass city ordinances in accord with State regulations so that greater cooperation may be had in the enforcement of fire prevention. The Regulation for NFPA 70, The National Electrical Code, shall take effect 30 days after the adoption of this order. The rules and regulations, as amended, shall take effect at a date to be determined in conjunction with other regulations presently being discussed by the Commission. Witness our Hands at Dover. Delaware, this l7th Day of September, 1996. STATE FIRE PREVENTION COMMISSION Gregory W. Haley, CFPS, ChairmanRobert E. Palmer, Vice Chairman Carleton E. Carey, Sr., CommissionerWilliam R. Carrow, Commissioner Francis J. Dougherty, CommissionerDaniel W. Magee, Commissioner I. Allen Metheny, Sr., Commissioner BEFORE THE FIRE PREVENTION COMMISSION FOR THE STATE OF DELAWARE ORDER The State Fire Prevention Commission ("the Commission") held a properly noticed, public hearing on January 29, 1997 to receive comment on proposed additions, revisions, deletions, modifications and reservations to Commission Regulations. The attendance sheets and transcribed minutes of this hearing are attached to this Order as Exhibit "A" in lieu of a statement of the summary of the evidence. Similarly, those written comments received by The Commission and introduced into evidence at the hearing by the State Fire Marshal and other speakers are attached to this Order as Exhibit "B" Based upon the evidence received, the Commission finds the following facts to be supported by the evidence. 1. There was no public comment received concerning proposed Regulations, Part 1, Chapter 1, Section 1-4, Part I, Chapter 3, Section 3-3.2, Part 1, Annex B, NFPA 101, Section 183.5.2, Part II, Chapter 4, Section 4-1.1., Part 11, Chapter 5, Section 5-3.1.3, Part II, Chapter 6, Section 6-3.3.4, Part V, Chapter 5, Section 5-4.4, Part IV, Chapter 5, Section 5-7.5, Part V, Chapter 5, Table 5-7, Part V, Chapter 5, Figures 1-8, Part VI, Chapter 3, Section 3-3.2 and Part VI, Chapter 4, Section 4-4.6. 2.The language in Part 1, Chapter 2, Definition of Elevator referencing "Private Residence" should be clarified to say "a one and two family dwelling" in lieu of private. 3.The language in Part 1, Chapter 4, Sections 4-9.4, 4-9.6 and 4-9.7 caused concern among a few speakers, because of the perceived implications. 4.The reference to classifications in Exception No. 2 to Part II, Chapter 1, Section 1-4.1 should be clarified to state "subclassification". 5.The Standards for Fire Flow For Fire Protection, Part II, Chapter 6, Section 6-3 are clarified by noting the applicability of NFPA 1231 for subdivisions. 6.Comments suggested that Part II, Chapter 3, Section 3 -4. 1, Color Coding Hydrants, should require marking of both the cap and the trunk. 7.The provision of Part V, chapter 1, Section I- 1 5 is clarified by deleting exceptions 3, 4 and 5 and noting that the definition of private residence is changed to be a one and two family dwelling. 8.The comments concerning Fire Lanes in Part V, Chapter 5 suggest changes that are within the discretion granted to the State Fire Marshal in this same Part. 9.The addition to Part I, Annex B, NFPA 58, 1995, Chapter 3, Section 3-10.4 - Fire Protection at Bulk Plants, is designated to protect the first responders to any incident. The industry personnel object to both regulation and the extent of regulation, but the Commission finds that the extent of the possible problem requires warning devices and fire suppression capability as recommended by the State Fire Marshal. The detection devices, both heat sensors and hydrocarbon vapor detectors allow an earlier warning. Although the Commission notes that the cost of the required detection devices may be high, the existence of bulk plants indicates a high volume operation. Moreover, by providing both heat and vapor detection, the Commission finds that the maximum protection to personnel is available. THE LAW The State Fire Prevention Commission's rulemaking authority is provided by 19 Del. C.  6603 that states: "The State Fire Prevention Commission shall have the power to promulgate, amend and repeal regulations for the safeguarding of life and property from the hazards of fire and explosion. Such regulations, amendments or repealers shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection and shall have the force and effect of law in the several counties, cities, and political subdivisions of the State." DECISIONS The Commission hereby adopts the Regulations as proposed with the alterations and clarifications noted in this Order and a copy of the Regulations as adopted is attached to this Order. The Commission relies upon its expertise in this area and the evidence presented in the testimony and documents submitted especially the submission by the State Fire Marshal and The Guidelines of the American Petroleum Institute, National LP-Gas Association and the National Propane Gas Association comments pertinent to the NFPA 58 issues. It is so ordered this 18th day of March 1997. Gregory W. Haley, CFPS, ChairmanRobert E. Palmer, Vice Chairman Carleton E. Carey, Sr., CommissionerWilliam R. Carrow, Commissioner Francis J. Dougherty, CommissionerDaniel W. Magee, Commissioner I. Allen Metheny, Sr., Commissioner BEFORE THE FIRE PREVENTION COMMISSION FOR THE SATE OF DELAWARE ORDER The State Fire Prevention Commission ("The Commission") held a properly noticed public hearing on May 27, 1997 to receive comment on proposed additions, revisions, deletions, modifications and reservations to Commission Regulations. The attendance sheets and transcribed minutes of this hearing are attached to this Order as Exhibit "A" in lieu of a statement of the summary of the evidence. Similarly, those written comments received by The Commission are attached to this Order as Exhibit "B". Based upon the evidence received, The Commission finds the following facts to be supported by the evidence: 1.The changes to Part I, Annex A are needed to include the latest versions of NFPA standards. 2.The changes to Part II, Annex B are needed to include the latest enactments to the Delaware Code. 3.The changes to Part III, Chapter 4 are not recommended and are not accepted by The Commission. 4.The new chapter, Part III, Chapter 8, provides needed regulation to insure that emergency and fire services have accurate identification and designation of protected properties from central and remote station services. The Commission finds that the existing regulations are not sufficient, and the proposed regulations will hold Commission licensees accountable for accurate designation of protected properties. The Commission finds that the reporting requirements of Chapter 8, Section 84.2 are burdensome and deletes this provision from the accepted regulations. 5.The changes to Appendix D are needed to include additional standards, recommendations, recommended practices, manuals, guides and model laws. DECISION The Commission hereby adopts the Regulations proposed with the exceptions noted in this Order and a copy of the Regulations as adopted is attached to this Order. It is so ordered this 27th day of May, 1997. Gregory W. Haley, CFPS, ChairmanRobert E. Palmer, Vice Chairman Carleton E. Carey, Sr., CommissionerWilliam R. Carrow, Commissioner Francis J. Dougherty, CommissionerDaniel W. Magee, Commissioner I. Allen Metheny, Sr., Commissioner DELAWARE STATE FIRE PREVENTION REGULATIONS NOTE This new document represents the compilation of several documents: 1993 State Fire Prevention Regulations; 1995 Addendum; 1996 Proposed Amendments; and 1997 Proposed Amendments. All duly promulgated and adopted by the State Fire Prevention Commission. This solid line indicates changes made to the January 15, 1993 Regulations in the July 1, 1995 Addendum. This double line indicates changes made to the January 15, 1993 Regulations and the July 1, 1995 Addendum in this July 1, 1997 Delaware State Fire Prevention Regulation. It is possible that a line may have been omitted or misplaced in error. Therefore, you should closely review this new document against the 1993 and 1995 editions for any changes. DELAWARE STATE FIRE PREVENTION REGULATIONS Table of Contents Part I Administration and Enforcement Chapter 1. Adoption and Administration of Regulations Section 1-1Adoption 1 Section 1-2Effective Date 1 Section 1-3Application, Validity, Retroactivity, Limitations, Liability, and Adopted References 1 Section 1-4Review & Updating of Regulations 3 Section 1-5Authority 4 Section 1-6Enforcement Provisions 5 Section 1-7Procedures of Appeals 5 Section 1-8Requests for a Variance or Special Exception to the SFPR 7 Chapter 2. Definitions 9 Chapter 3. Licenses and Permits Required Section 3-1General 19 Section 3-2License Required 19 Section 3-3Permit Required 20 Section 3-4Compliance Required 21 Chapter 4. Submittal of Plans Section 4-1Requirement to Submit Plans 23 Section 4-2Requirement for Sealed or Signed Plans 24 Section 4-3Application and Fee Required 24 Section 4-4Required Site Plan Information 25 Section 4-5Required Building Plan Information 25 Section 4-6Authority to Require Exposure or Stop Work Order 26 Section 4-7Final Inspection Prior to Occupancy 26 Section 4-8Limitation of Plan Approval 27 Section 4-9Engineering Analysis Required 27 Section 4-10Submission of As-Built Drawings and Specifications for Government Buildings 28 Section 4-11Submission of Fire Protection System Plans 28 Chapter 5. Listing and Approval of Testing Laboratories Section 5-1Intent 29 Section 5-2Purpose 29 Section 5-3Listing-Approval and Accreditation 29 Chapter 6. Sale of Fire Protection Systems and Equipment Section 6-1Manufacturer's Instructions 31 Section 6-2Laboratory Listing, Labeling, or Approval 31 Section 6-3Altering of Labels 31 Annex A. Adopted NFPA Codes and Standards Numerical Listing 33 Alphabetical Listing 37 Annex B. Additions, Deletions, Changes to Codes & Standards Listed in Annex A NFPA 13, 1996, Standard for the Installation of Sprinkler Systems 4-15.2.3.5 Fire Department Connection 41 6-4.4.9 Calculation Procedures 41 NFPA 13D, 1996, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes 3-6 Alarms 41 NFPA 13R, 1996, Standard for the Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height 2-4.2 Fire Department Connection 42 2-4.6 Alarms 42 NFPA 14, 1996, Standard for the Installation of Standpipe and Hose Systems 4-3.5.2 Fire Department Connection 42 NFPA 30, 1996, Flammable and Combustible Liquids Code 2-3 Installation of Outside Aboveground Tanks, Location with Respect to Property Lines, Public Ways, and Important Buildings on the Same Property 42 NFPA 30A, 1996, Automotive and Marine Service Station Code 2-1 General Provisions 43 4-2 Fuel Dispensing System 43 9-2 Dispensing into Portable Containers 43 9-10 Marine Dispensing Areas 43 NFPA 54, 1996, National Fuel Gas Code 6.-24.1 Room Heaters, Prohibited Installations 44 NFPA 58, 1995, Standard for the Storage and Handling of Liquefied Petroleum Gases 1-4 Notification of Installations 44 3-10.4 Fire Protection at Bulk Plants 44 4-2.2.1 Containers to be Filled/Evacuated 46 5-4.2.2 Protection of Portable Containers 46 NFPA 72, 1996, National Fire Alarm Code 1-5.7.7 Zoning and Annunciation 47 NFPA 99, 1996, Health Care Facilities 3-4.2.2.2 Emergency Systems 47 NFPA 101, 1996 The Life Safety Code 7-2.3 Unvented Fuel-Fired Heaters 47 10-5.2.2 Unvented Fuel-Fire Heaters 47 10-7.5 Unvented Fuel-Fired Heaters 47 11-5.2.2 Unvented Fuel-Fired Heaters 48 11-7.5 Unvented Fuel-Fired Heaters 48 16-5.2.2 Unvented Fuel-Fired Heaters 48 17-5.2.2 Unvented Fuel-Fired Heaters 48 18-3.4.1 Detection and Alarm Systems 48 18-3.4.4.3 Detection 48 18.3.5.2 Extinguishing Requirements 48 18-5.2.2 Unvented Fuel-Fired Heaters 49 19-5.2.2 Unvented Fuel-Fired Heaters 49 20-3.3.5 Detection and Alarm Systems 49 20.5.2.2 Unvented Fuel-Fired Heaters 49 21-1.1.2 Application 49 21.5.1.2 Unvented Fuel-Fired Heaters 49 22-2.2.7 Emergency Lighting 50 22-2.2.8 Marking Means of Egress 50 22.2.2.9 Portable Fire Extinguishers50 22-2.3.4.4 Emergency Forces Notification 50 22-3.3.4.6 Fire Department Notification 50 30-2.2.2.2 Panic Hardware50 30-3.4.4 Emergency Forces Notification 50 30-5.2.2 Unvented Fuel-Fired Heaters 50 30-6.5.2.2 Unvented Fuel-Fired Heaters 50 30.7.6 Unvented Fuel-Fired Heaters51 31-5.2.2 Unvented Fuel-Fired Heaters 51 31-6.5.2.2 Unvented Fuel-Fired Heaters 51 31-7.6 Unvented Fuel-Fired Heaters51 NFPA 395, 1993, Standard for the Storage of Flammable and Combustible Liquids on Farms and Isolated Construction Sites 1-1 Scope51 Part II Fire Protection in Building Construction Chapter 1 Fire Protection in Buildings Section 1-1New Buildings, Occupancy, Conversions Additions and Repairs53 Section 1-2Existing Buildings53 Chapter 2 Fire Barriers Section 2-1Definition55 Section 2-2Reserved (Class "A" Fire Barrier) 55 Section 2-3Two Hour Rated Fire Wall (Class "B" Fire Barrier)55 Section 2-4Two Hour Rated Fire Barrier Wall (Class "C" Fire Barrier)55 Section 2-5Required Plans 56 Chapter 3 Special Fire Safety Provisions for Physically Handicapped People Section 3-1Areas of Refuge 57 Section 3-2Emergency Communication and Fire Alarm Signaling Systems57 Section 3-3Inclined Wheel Chair Lifts Permitted58 Chapter 4 Automatic Sprinkler Systems and Standpipe Systems Section 4-1Automatic Sprinkler Systems59 Section 4-2Standpipes60 Chapter 5 High Rise and Large Area Buildings Section 5-1General High Rise Fire Protection Features Required61 Section 5-2Alarm and Emergency Communication Systems61 Section 5-3Large Area Buildings63 Chapter 6 Standard For Fire Flow For Fire Protection Section 6-1General 65 Section 6-2Application66 Section 6-3Required Fire Flows67 Section 6-4Water Distribution Systems69 Section 6-5Fire Hydrants69 Section 6-6Storage Capacities70 Section 6-7Dry Hydrants70 Fire Flow Table I72 Fire Flow Table 274 Fire Flow Table 375 Chapter 7 Minimum Requirements For Water Suppliers Section 7-1General 77 Section 7-2Minimum Flows 77 Section 7-3Minimum Duration77 Section 7-4Hydrants77 Section 7-5Installation78 Section 7-6Auxiliary Power Supply 78 Section 7-7Submission of Plans78 Part III Installation, Operation, Maintenance, Testing and Sales of Signaling Systems, Fire Protection Systems, and Fire Extinguishers Chapter 1 Operation and Maintenance and Testing of Fire Protection Systems Section 1-1General 79 Section 1-2Definitions80 Section 1-3Fire Protection Systems Maintenance82 Section 1-4Periodic Inspections, Testing, and Maintenance Service83 Section 1-5Acceptance Tests87 Section 1-6Portable Fire Extinguishing Equipment 88 Section 1-7Fire Alarm Systems88 Chapter 2 Sales and Servicing Of Portable Fire Extinguishers (Excluding Automatic Sprinkler Systems) Section 2-1Sale of Portable Fire Extinguishers 89 Section 2-2Servicing or Repair of Portable Fire Extinguishers89 Section 2-3Fire Extinguisher Servicing Licensure Procedure89 Chapter 3 Standard for Fire Hydrant Maintenance, Inspecting, Testing, and Marking Section 3-1 Administrative91 Section 3-2 Physical - Mechanical Testing Criteria for Fire Hydrants91 Section 3-3 Flow Testing Criteria For Fire Hydrants92 Section 3-4 Color Coding93 Section 3-5 Responsibility of the Fire Dept93 Chapter 4 Licensing Regulations for Fire Alarm Signaling Systems Section 4-1 General95 Section 4-2 Definitions95 Section 4-3 Licenses97 Section 4-4 Certification98 Section 4-5 Existing Fire Alarm Signaling System Companies100 Section 4-6 Administration and Enforcement100 Section 4-7 Inspection of Technical Documents and Systems101 Section 4-8 Submission of Certificates of Inspections 102 Section 4-9 Fees102 Chapter 5 Licensing Regulations For Fire Suppression Systems Section 5-1 General103 Section 5-2 Definitions103 Section 5-3 Licenses105 Section 5-4 Certification106 Section 5-5 Existing Fire Suppression System Companies107 Section 5-6 Administration and Enforcement108 Section 5-7 Inspection of Technical Documents and Systems109 Section 5-8 Submission of Certificates of Inspections 109 Section 5-9 Fees110 Chapter 6 Licensing Regulations For Fire Alarm Signaling Systems In-House Licensee's Section 6-1 General111 Section 6-2 Definitions111 Section 6-3 Licenses113 Section 6-4 Certification114 Section 6-5 Fire Alarm Signaling Systems In-House Licensee/Existing115 Section 6-6 Administration and Enforcement115 Section 6-7 Inspection of Technical Documents and Systems116 Section 6-8 Submission of Certificates of Inspections 117 Section 6-9 Fees117 Chapter 7 Licensing Regulations For Fire Suppression Systems In-House Licensee's Section 7-1 General119 Section 7-2 Definitions119 Section 7-3 Licenses121 Section 7-4 Certification122 Section 7-5 Fire Suppression Systems In-House Licensee/Existing123 Section 7-6 Administration and Enforcement123 Section 7-7 Inspection of Technical Documents and Systems124 Section 7-8 Submission of Certificates of Inspections 125 Section 7-9 Fees125 Chapter 8 Licensing and Reporting Requirements For Central Station And Remote Station Services Section 8-1 General127 Section 8-2 Definitions127 Section 8-3 Licenses128 Section 8-4 Records Required and Reporting129 Section 8-5 Administration and Enforcement129 Section 8-6 Compliance Dates 130 Part IV Hazardous Processes And Operations Chapter 1 Fumigation Or Thermal Insecticidal Fogging This Chapter Has Been Reserved131 Chapter 2 Fireworks Display Section 2-1 Scope133 Section 2-2 Application for Permit for Public Display 133 Section 2-3 Conduct of Display134 Section 2-4 Fire Protection Required135 Section 2-5 Operator Qualifications135 Chapter 3 Explosives, Ammunition, Blasting Agents Section 3-1 General137 Section 3-2 Records137 Section 3-3 Magazine Construction137 Section 3-4 Bond/Certificate of Insurance Required138 Section 3-5 Reporting Deliveries and/or Sales 138 Section 3-6 Transportation138 Chapter 4 Amusement Ride Safety Section 4-1 Scope139 Section 4-2 Electrical Inspection Required139 Section 4-3 Handling of Complaints139 Section 4-4 Verification and Validation of Insurance Policies139 Part V General Fire Safety Chapter 1 General Fire Safety Requirements Section 1-1 General Precautions141 Section 1-2 Required Access for Fire Apparatus and Fire Department143 Section 1-3 Fire Drills in Educational and Institutional Occupancies144 Section 1-4 Precautions Inside Buildings144 Section 1-5 Waste Disposal Sites144 Section 1-6 Factors Affecting Egress145 Section 1-7 Treatment of Interior Finishes and Furnishings145 Section 1-8 Combustible Decorations 145 Section 1-9 Fire Protection Required146 Section 1-10 Flammable/Combustible Liquids 146 Section 1-11 Compressed/Liquefied Gases147 Section 1-12 Dusts147 Section 1-13 Hazardous Materials148 Section 1-14 Covered Malls and Class "A" Places of Assembly149 Section 1-15 Elevators`150 Figure One Approved Turn-Arounds151 Chapter 2 Electrical Inspection Required Section 2-1 General153 Section 2-2 Electrical Inspection for Specific Occupancies153 Section 2-3 Amusement Rides 153 Section 2-4 Other Electrical Inspections153 Section 2-5 Electrical Consumer Products153 Chapter 3 Exit Plans Section 3-1 Theater Exit Plans 155 Section 3-2 Motel and Hotel Exit Plans 155 Chapter 4 Manufactured Home Installations, Sites, And Communities Section 4-1 Manufactured Home Installations, Sites, and Communities157 Chapter 5 Standard for the Marking, Identification, and Accessibility Of Fire Lanes, Exits, Fire Hydrants, Sprinkler, and Standpipe Connections Section 5-1 General159 Section 5-2 Fundamental Requirements 160 Section 5-3 Access Roadways 160 Section 5-4 Design of Fire Lanes160 Section 5-5 Location of Fire Lanes161 Section 5-6 Marking and Identification of Fire Lanes 161 Section 5-7 Perimeter Accessibility162 Section 5-8 Forestry Lanes162 Section 5-9 Marking and Identification of Exits 163 Section 5-10 Marking and Identification of Fire Hydrant Location163 Section 5-11 Marking and Identification of Standpipe and Sprinkler Connections163 Table 5-7 Perimeter Accessibility165 Figure One Marking of Primary Exit and Fire Lane166 Figure Two Marking of Secondary Exit and Fire Lane 167 Figure Three Marking of Fire Hydrant Along a Curb Line168 Figure Four Marking and Protection of Fire Hydrant in Vehicle Parking Area169 Figure Five Marking of Fire Hydrant on a Curb Island Extension170 Figure Six Marking of Standpipe and Sprinkler Connections171 Figure Seven Approved Sign for Marking Fire Lanes 172 Figure Eight Forestry Lane173 Part VI Specific Occupancy Requirements Chapter 1 Intermediate Care Facilities for the Mentally Retarded (ICFMR) Section 1-1 General175 Section 1-2 Definitions175 Section 1-3 Fire Protection Required175 Chapter 2 Bed and Breakfasts Section 2-1 General177 Section 2-2 General Requirements177 Chapter 3 Apartment Buildings/Multi-Family Dwellings Section 3-1 General179 Section 3-2 Definitions179 Section 3-3 Fire Protection Systems Required in New Apartment Buildings179 Section 3-4 Fire Protection Required in New and Existing Apartment Buildings180 Section 3-5 Heating, Ventilating, and Air Conditioning Equipment180 Chapter 4 Residential Smoke Detectors Section 4-1 General181 Section 4-2 Definitions181 Section 4-3 One- and Two-Family Dwellings, Mobile Homes, Modular Homes, and Townhouses181 Section 4-4 Other Residential Occupancies182 Section 4-5 Compliance Dates 183 Chapter 5 Outdoor Tire Storage and Disposal Sites Section 5-1 General185 Section 5-2 Definitions185 Section 5-3 Fire Prevention185 Section 5-4 Exposure Protection186 Section 5-5 General Fire Protection186 Section 5-6 Water Supplies187 Section 5-7 Other187 Chapter 6 Public Assembly Section 6-1 General189 Section 6-2 Primary Entrance/Exit Established 189 Section 6-3 Method of Accounting for Occupant Load 189 Part VII Reserved Part VIII Reserved Part IX State Fire Prevention Commission Fire Service Standards Fire Service Standards Life Fire Training Regulations Burn Regulations Part X State Fire Prevention Commission Ambulance Regulations Ambulance Service Regulations Appendix Material Appendix A Explanatory Material191 Appendix B Delaware Statutes Governing State Fire Prevention Commission and State Fire Marshal193 Appendix C Cross Reference of Statutes Applicable to Fire Regulations209 Appendix D NFPA Publications for Guidance Numerical Listing213 Alphabetical Listing217 Appendix E Permit, License, and Other Fees221 Appendix F Table One: Owner Performed Testing, Inspection, and Maintenance of Fire Suppression Systems 225 Table Two: Licensed Company Required Testing, Inspection, and Maintenance of Fire Suppression Systems229 Table Three: Owner Performed Testing, Inspection, and Maintenance of Fire Alarm Signaling Systems 233 Table Four: Licensed Company Required Testing, Inspection, and Maintenance of Fire Alarm Signaling Systems 235 Index Index 241 1997 DELAWARE STATE FIRE PREVENTION REGULATIONS On March 18, 1997, the State Fire Prevention Commission signed an order, promulgating the newest revisions to the Delaware State Fire Prevention Regulations (SFPR). The Office State Fire Marshal has compiled the 1993 SFPR, the 1995 Addendum Booklet, and the 1996/1997 Amendments into one singe document. The 1997 SFPR will come complete with Parts i through VIII, Appendixes, dividers, 3-ring binder, cover and spine inserts. NAME: COMPANY: ADDRESS: PHONE: NUMBER OF 1997 SFPR: @ $25.00 each = $ POSTAGE & HANDLING @ $5.00 each = $ TOTAL ENCLOSED: $ Make checks payable to "STATE OF DELAWARE" and mail to: CODE COMMITTEE OFFICE OF STATE FIRE MARSHAL 1537 CHESTNUT GROVE ROAD DOVER, DE 19904 SPECIAL INTEREST: IN THE NEAR FUTURE, THE 1997 SFPR MAY BE AVAILABLE ON CD-ROM. PLEASE INDICATE ON YOUR ORDER IF YOU WOULD BE INTERESTED IN PURCHASING THE 1997 EDITION ON CD-ROM. Advisory Council / Tidal Fisheries Timothy P. O'Conner Associate Judge of Superior Court Richard S. Gebelein Atlantic States Marine Fisheries Commission Dr. Timothy E. Targett Board of Parole William C. Pfeifer Board of Pension Trustees Keith Dorman 06/25/01 Board of Trustees of Delaware State University Michelle D. Shepherd 06/27/02 Board of Trustees for Delaware Technical and Community College Mary Dudek Norman D. Griffiths William L. Witham, Jr. Board of Trustees of the University of Delaware The Honorable William T. Allen R.R.M. Carpenter, III The Honorable Richard S. Cordrey Dennis E. Kilma Katherine Lee Joseph A. Miller P. Coleman Townsend, Jr. Cash Management Policy Board Margaret A. Iorii Howard R. Layton David F. Marvin 06/25/00 Chancellor of the Court of Chancery William B. Chandler, III 06/30/09 Chief Judge/Court Common Pleas Alex J. Smalls Commission on Adult Entertainment Establishments Ms. Joan Wachstein 06/25/00 Daniel E. Fleming, III, Esq. 06/25/00 H. Thomas McGuire Council on Forestry Allen Jones 04/30/00 Delaware Advisory Council for Natural Areas Mr. Terrance L. Higgins 06/25/01 Delaware Alcoholic Beverage Control Commission Adam Balick Beverly G. Bell Delaware River and Bay Authority Richard S. Cordrey Richard Derrickson Delaware Solid Waste Authority William J. DiMondi John P. Healy J. Donald Isaacs Ronald McCabe Delaware Thoroughbred Racing Commission W. Duncan Patterson, Jr. 06/04/03 Environmental Appeals Board Ms. Joan Hayes Donoho 06/25/00 Robert S. Ehrlich 06/25/00 Diana Jones 06/25/00 Charles E. Morris 06/25/00 Robert I .Samuel 06/25/00 Ray K. Woodward 06/25/00 Equal Employment Review Board James Hussey Pleaseure of Governor Family Court Administrator Sonja Truitt Wilson, Esq. 05/22/01 Industrial Accident Board Jane E. Mitchell James P. Robinson, III R. Howard Seward Justice of the Peace for Kent County Agnes E. Pennella Charles M. Stump Justice of the Peace for New Castle County Thomas P. Brown 07/03/01 Rosalind Toulson Terry L. Smith 07/03/01 Justice of the Peace for Sussex County Sheila Gagen Blakely 07/03/03 Jana E. Mollohan 07/14/01 Howard W. Mulvaney, III Abigayle E. Truitt Edward G. Davis 07/03/03 Merit Employee Relations Board John F. Schmutz New Castle County Board of Elections Helen M. Dudlek Parks and Recreation Council Ronald A. Breeding 06/24/00 Public Defender of the State of Delaware Lawrence M. Sullivan, Esq. Public Service Commission Donald J. Puglisi State Board of Education Joseph A. Pika Dennis J. Savage Unemployment Insurance Appeals Board Ms. Christine Capone Richard L. Engle 05/01/00 Mr. Robert Samuel Wastewater Facilities Advisory Council Lee J. Beetschen 06/25/00 M.C. Karia Grace Pierce-Beck 06/25/00 DELAWARE HARNESS RACING COMMISSION PROPOSED RULE AMENDMENTS The proposed Rules will be considered by the Commission at its next regularly scheduled meeting on August 22, 1997 at 9:00 a.m. at the Department of Agriculture Office, 2320 S. DuPont Highway, Dover, DE. Copies of the proposed rule may be obtained from the Commission. Comments may be submitted in writing to the Commission Office on or before 4:00 p.m. on August 30, 1997 and/or in person at the hearing. The Commission Office is located at 2320 South DuPont Highway, Dover, DE 19901 and the phone number is (302)739-4811. DELAWARE THOROUGHBRED RACING COMMISSION PROPOSED RULE AMENDMENT The Commission proposed this amendment to Rule 15.10 pursuant to 3 Del.C. sections 10103 and 10128(m)(1), and 29 Del.C. section 10115. The proposed Rule 15.10 would allow for the taking of secondary or split samples from horses for testing. The proposed rule 15.10 would allow an owner or trainer to have a secondary sample tested for illegal substances after the primary sample has revealed a positive test. The primary samples are sent to the Commission's laboratory for testing for illegal substances. The proposed rule was promulgated in response to requests by horsemen to allow for an opportunity to challenge the validity of the primary test result. The proposed Rule will be considered by the Commission at its next regularly scheduled meeting on August 27, 1997 at 11:00 a.m. at Delaware Park, Stanton, DE. Copies of the proposed rule may be obtained from the Commission. Comments may be submitted in writing to the Commission Office on or before 4:00 p.m. on August 30, 1997 and/or in person at the hearing. The Commission Office is located at 2320 South DuPont Highway, Dover, DE 19901 and the phone number is (302)739- 4811. DELAWARE DEPARTMENT OF TRANSPORTATION PUBLIC HEARING STATEWIDE ACCESS MANAGEMENT POLICY The Delaware Department of Transportation (DelDOT) is announcing the release of the Draft Statewide Access Management Policy for public review. The Draft Policy provides a combination of regulatory and administrative actions that will help determine how and where connections are made between land developments and the transportation system. The Draft Policy does not seek to limit access. Instead, it seeks to manage how appropriate access is provided to transportation infrastructure. Beginning July 16, 1997 the Draft Policy will be available in libraries and municipal offices throughout the State. For a complete list of these locations or for a copy of the Draft Policy, please contact Mr. Joseph Cantalupo at (302) 739-2558. Public hearings on the Draft Policy will be held to solicit comments from interested persons. Each of the hearings will utilize a workshop format where the public will have the opportunity to review display materials and ask questions of DelDOT staff. A court reporter will be available throughout each of the hearings to record formal comments. The hearings will be held at the following locations and on the following dates: August 4, 1997 from 4 p.m. to 8 p.m. The Stanton Campus of DelTech in New Castle County Conference Rooms 114A-116 40 Stanton-Christiana Road Newark, DE 19713 August 5, 1997 form 4 p.m. to 8 p.m. The Terry Campus of DelTech in Kent County Conference Room 400B 1832 North DuPont Parkway Dover, DE 19901 August 7, 1997 from 4 p.m. to 8 p.m. The Jack Owens Campus of DelTech in Sussex County Theatre Lobby Route 18 Georgetown, DE 19947 As mandated by Subsection 8409, Chapter 84, Title 29 of the Delaware Code, the meetings are designed to ensure that the public has ample opportunity to participate in the transportation planning process. If requested in advance, DelDOT will make available the services of an interpreter for the hearing impaired. If an interpreter is desired, please make request by telephone or mail to DelDOT. Written comments on the Draft Policy will be accepted through August 18, 1997 and may be submitted, along with questions or other written material, by mail to the Office of External Affairs, DelDOT, P.O. Box 778, Dover, DE 19903 or by telephone at 1-800-652-5600. PROPOSED DELAWARE STATE TRAUMA REGULATIONS The comment period for the proposed Delaware State Trauma Regulations ends on August 26, 1997. All comments may be addressed to Mary Sue Jones, (302)739-6637, EMS Office, Blue Hen Corporate Center, Suite 4H, 655 S. Bay Road, Dover DE 19901. The public hearing to discuss the proposed regulations will be held on August 26, 1997 in Room 309 of the Jesse Cooper Building, 417 Federal Street, Dover DE 19901. DELAWARE EXAMINING BOARD OF PHYSICAL THERAPY NOTICE OF PUBLIC HEARING The Delaware Examining Board of Physical Therapy proposes to revise its rules and regulations in accordance with 24 Del.C. section 2615. The proposed rules and regulations pertain to: (1) Section 8.3 - deleting the first sentence. (2) Section 9 - Continuing Education. (3) Section 12 - Foreign Trained Applicant A public hearing will be held on Tuesday, September 2, 1997 at 6:00 p.m. in the Cannon Building, Conference Room A, 861 Silver Lake Boulevard, Dover, Delaware. Anyone desiring a copy of the proposed rules and regulations may obtain same from the Board's Administrative Assistant, Lena M. corder, Division of Professional Regulation, Cannon Building, Suite 203, P.O. Box 1401, Dover, Delaware 19903. Written comments should be submitted to the Board's administrative Assistant at the above address on or before September 2, 1997. Those individuals wishing to make oral comments at the public hearing are requested to notify the Board's Administrative Assistant at (302)739-4522, extension 206.