North carolina register volume 24 ● issue 23 ● Pages 2011 2154 June 1, 2010




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15A NCAC 18A .2539 SUCTION HAZARD

REDUCTION

(a) At all public wading pools that use a single main drain for circulation of water, signs shall be posted stating, "WARNING: To prevent serious injury do not allow children in wading pool if drain cover is broken or missing." Signs shall be in letters at least one-half inch in height and shall be posted where they are visible to people entering the wading pool.

(b) All submerged suction outlets other than vacuum ports shall be protected by anti-entrapment cover/grates in compliance with ASME/ANSI A112.19.8-2007 Suction Fittings for Use in Swimming Pools, Wading Pools, Spas, and Hot Tubs. All submerged suction fittings shall be installed in accordance with the manufacturer's instructions. Pumping systems that have a single main drain or single submerged suction outlet other than an unblockable drain, or which have multiple outlets separated by less than three feet measured at the centers of the cover grates shall have one or more secondary methods of preventing bather entrapment. Secondary methods of preventing bather entrapment include:

(1) Safety vacuum release system which ceases operation of the pump, reverses the circulation flow, or otherwise provides a vacuum release at the suction outlet when a blockage has been detected, that has been tested by a third party and found to conform to ASME/ANSI standard A112.19.17 which is incorporated by reference including any subsequent amendments or editions. Copies may be obtained from ASME, P.O. Box 2300, Fairfield, NJ 07007-2300 at a cost of forty-five dollars ($45.00);

(2) A suction-limiting vent system with a tamper-resistant atmospheric opening;

(3) A gravity drainage system that utilizes a collector tank;

(4) An automatic pump shut-off system;

(5) Drain disablement; or

(6) Any other system determined by the U.S. Consumer Product Safety Commission to be equally effective as, or better than the systems in Subparagraphs (1) through (5) of this Paragraph.

(c) Prior to issuance of operation permits, owners of all public swimming pools shall provide documentation to the Department to verify suction outlet safety compliance. This documentation shall include:

(1) Documentation of the maximum possible flow rate for each pump suction system. This shall be the maximum pump flow shown on the manufacturer's pump performance curve except where flow reductions are justified with total dynamic head measurements or calculations; and

(2) Documentation that cover/grates meeting ASME/ANSI A112.19.8-2007 are installed in compliance with the standard and manufacturer's instructions. This includes documentation that each cover/grate on a single or double-drain pump suction system is rated to meet or exceed the maximum pump system flow and that cover/grates on a pump suction system with three or more suction outlets are together rated to always meet or exceed the maximum pump system flow with one drain completely blocked; and

(3) Documentation that drain sumps meet the dimensional requirements specified in the cover/grate manufacturer's installation instructions.

(d) Operators of all public swimming pools shall inspect pools daily to ensure the drain covers are in good condition and securely attached. Missing, broken, or cracked suction fittings shall be replaced and loose suction fittings shall be reattached before using the pool.


History Note: Authority G.S. 130A-282;

Temporary Adoption Eff. June 1, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. October 1, 1994;

Amended Eff. May 1, 2010; January 1, 2006; February 1, 2004; April 1, 1999.
* * * * * * * * * * * * * * * * * * * *
15A NCAC 28 .0301 UNAUTHORIZED ENTRY

No person shall enter or remain on Aquarium property during hours when the facility is not open to the public except for on-duty employees, contractors or agents of the Aquarium; law enforcement, fire and emergency personnel; and others authorized to use the property in connection with an Aquarium or Aquarium Society sponsored event, or unless accompanied by an authorized employee of the Aquarium or permission has been granted by the Aquarium Director for the safety and well-being of the employees, exhibits, or captive animals.



History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Transferred and Recodified from 01 NCAC 12 .1101 Eff. August 1, 2007;

Amended Eff. May 1, 2010.
15A NCAC 28 .0502 SALES OF ALCOHOL OR

CONTROLLED SUBSTANCES

No person shall sell or attempt to sell controlled or illegal substances or any other intoxicating or impairing substance on Aquarium property. Beer and wine may be sold pursuant to a valid Alcohol Beverage Control permit at an event held at the Aquarium if written approval is given by the Division Director prior to the event. The Director's approval shall be given when the applicant agrees that the beverages' alcohol content will not exceed 16 percent, the alcoholic beverages will be served through an insured caterer or purchased directly from a wholesaler, bartenders will have received Alcohol Law Enforcement bartender training, and alcohol service will be discontinued at least 30 minutes prior to the conclusion of the event.


History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.
15A NCAC 28 .0503 CONSUMPTION OF ALCOHOL

Alcoholic beverages that do not exceed 16 percent alcohol may be served and consumed on Aquarium property upon prior written approval of the Division Director. The Director's approval shall be given when the applicant agrees that the alcoholic beverages will be served pursuant to an approved event and by an insured caterer or purchased directly from a wholesaler; bartenders will have received Alcohol Law Enforcement bartender training; and alcohol service will be discontinued at least 30 minutes prior to the conclusion of the event.


History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.
15A NCAC 28 .0504 PETS

Pets are not allowed in the Aquarium buildings. Service animals whose handlers attest to the animal's status are allowed inside the buildings. Pets are allowed on the grounds provided they remain at all times under the owners' control and are restrained by a leash. Any animal causing a nuisance or left unattended on Aquarium property shall be removed by the owner upon the request of the Aquarium Director. Pet owners shall pick up their animal's waste from Aquarium grounds and dispose of it.


History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.
15A NCAC 28 .0602 ADVERTISING

The Aquarium Director shall grant written permission for notices and advertisements to be displayed on Aquarium property when they are related to tourist attractions or conservation events.


History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.
15A NCAC 28 .0603 PHOTOGRAPHS

No person shall take photographs, video tapes or movies of the Aquarium facilities or on Aquarium property for commercial purposes without the permission of the Aquarium Director. Permission shall be granted when the activity is conducted at a time and in a manner that does not expose the Aquarium's visitors, employees or captive animals to harm.



History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.
15A NCAC 28 .0604 LOGOS: SLOGANS: ETC

No person shall use, adopt or modify any logos, names or slogans of the N.C. Aquariums or the N.C. Aquarium Society without prior written permission of the Division Director. Permission shall be granted when the use, adoption or modification does not cause harm to the Aquariums' image or mislead the public.


History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.
15A NCAC 28 .0605 SOLICITATIONS

Persons engaged in fundraising activities sponsored by the N.C. Aquarium Society for the purpose of supporting the Aquariums or Society may solicit contributions on Aquarium property. Non-profit users may engage in fundraising activities as part of an approved event held on Aquarium property.


History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.
15A NCAC 28 .0701 FLOWERS: PLANTS: ANIMALS:

ETC.

Unless authorized by Aquarium employees or agents acting in performance of their duties or for the safety and well-being of the captive animals, visitors, employees or exhibits, no person may feed, remove, dispose of or otherwise handle any animal or plant life, whether marine or terrestrial, or remove sand or other minerals owned or controlled by the Aquarium.


History Note: Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
CHAPTER 17 – BOARD OF DIETETICS/NUTRITION
21 NCAC 17 .0401 INDIVIDUALS AIDING THE

PRACTICE OF DIETETICS/NUTRITION

(a) As used in this Section, the following terms and phrases, which have not already been defined in G.S. 90, Article 25, shall have the meanings specified:

(1) "Certified Dietary Manager" means an individual who is certified by the Certifying Board of the Dietary Managers.

(2) "Dietetic Technician Registered" or "DTR" means an individual who is registered by the Commission on Dietetic Registration of the American Dietetic Association.

(3) "Direct supervision" as referenced in G.S. 90-368(4) means that a licensed dietitian/nutritionist shall:

(A) be available for consultation on delegated nutrition care activities being performed by the person being supervised, either through on-site or through electronic communication, and shall be available to render assistance when needed to the unlicensed personnel and patient or client, or shall have arranged for another licensee to be available in the absence of the licensed dietitian/nutritionist; provided that the licensed dietitian/nutritionist shall be on-site at the service delivery site and within audible and visual range of any unlicensed personnel person described in Subparagraph (b)(3) of this Rule for the provision of any nutrition care activities;

(B) directly and personally examine, evaluate and approve the acts or functions of the person supervised; and

(C) meet with the unlicensed personnel in a joint effort to establish, maintain and elevate a level of performance to ensure the health, safety and welfare of clients or patients during the provision of nutrition care activities, and provide sufficient guidance and direction as to enable the unlicensed personnel to competently perform the delegated activity or function.

(4) "Nutrition care activities" means activities performed by unlicensed personnel which are delegated by licensed dietitians/nutritionists in accordance with Paragraphs (c) and (d) of this Rule and which support the provision of nutrition care services as referenced in G.S. 90-352(4). Nutrition care activities include the provision of nutrition care to address and mitigate a medical condition, illness or injury and the provision of weight control programs or services, as well as community nutrition, food service, and nutrition information or education.

(b) Unlicensed personnel aiding the practice of dietetics/nutrition may include the following:

(1) a Certified Dietary Manager;

(2) a Dietetic Technician Registered; or

(3) an individual who has met the academic requirements as referenced in G.S. 90-357(3)b.1, c.1 and d.

(c) The licensed dietitian/nutritionist may delegate nutrition care activities to unlicensed personnel that are appropriate to the level of knowledge and skill of the unlicensed personnel. The licensed dietitian/nutritionist shall be responsible for the initial and ongoing determination of the competence of the unlicensed personnel to perform any delegated acts or functions. Delegation of nutrition care activities shall be in writing and shall identify the patient or client and the act or function assigned to the unlicensed personnel. The licensed dietitian/nutritionist shall supervise the nutrition care activities of the unlicensed personnel and maintain responsibility for nutrition care activities performed by all personnel to whom the care is delegated. The licensed dietitian/nutritionist shall not delegate the entire spectrum of nutrition care services, but may delegate specific acts and functions which support the licensed dietitian/nutritionist's provision of nutrition care services. The licensed dietitian/nutritionist shall have the responsibility for clinical record keeping, and shall ensure that case notes and other records of services identify whether the licensed dietitian/nutritionist or the unlicensed personnel was the direct provider of the service.

(d) The following variables shall be considered by the licensed dietitian/nutritionist in determining whether or not an activity or function may be delegated to unlicensed personnel:

(1) knowledge and skills of the unlicensed personnel which include both basic educational and experience preparation and continuing education and experience;

(2) the competence of the unlicensed personnel for the activity or function;

(3) the variables in each service setting which include:

(A) the complexity and frequency of nutrition care needed by a given client population;

(B) the acuity and stability of the client's condition; and

(C) established policies, procedures, practices, and channels of communication of the facilities where the delegated activities or functions are being performed which lend support to the types of nutrition care activities being delegated, or not delegated, to unlicensed personnel; and

(4) whether the licensed dietitian/nutritionist has the skills, experience and ability to competently supervise the unlicensed personnel for the activity or function.


History Note: Authority G.S. 90-356(2); 90-368(4);

Eff. March 1, 1996;

Amended Eff. May 1, 2010; July 18, 2002.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 38   BOARD OF OCCUPATIONAL THERAPY
21 NCAC 38 .0302 LICENSE RENEWAL

(a) Any licensee desiring the renewal of a license shall apply for renewal and shall submit the renewal application, documentation of continuing competence activities, and the fee. Occupational therapy assistants who are employed must also include evidence of required supervision.

(b) Licenses not renewed by June 30 are expired. Persons whose licenses are expired for 24 months or less and who desire to be licensed shall apply for and complete the requirements to renew the license. The person shall also provide proof of 15 points of continuing competence activities for the last year the license was current and for each full year the person's license was expired.

(c) Any person whose license is expired and who engages in any occupational therapy activities governed by the occupational therapy law shall be subject to the penalties prescribed in G.S. 90-270.76, 90-270.79, 90-270.80 and 90-270.80A.

(d) Licenses expired in excess of 24 months shall not be renewed. Persons whose licenses are expired in excess of 24 months and who desire to be licensed shall apply for and complete the requirements for a new license.

(e) Members of the armed forces whose licenses are in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the license renewal fee and to complete the continuing competence activity requirement prescribed in 21 NCAC 38 .0800. A copy of military orders or the extension approval by the Internal Revenue Service must be furnished to the Board. If approved, continuing competence activity points acquired during this extended time period shall not be utilized for future renewal purposes.


History Note: Authority G.S. 90-270.69(4); 90-270.75; 93B-15(b); 105-249.2;

Eff. July 1, 1985;

Amended Eff. May 1, 2010; July 1, 2007; May 1, 1989.

TITLE 23 – DEPARTMENT OF COMMUNITY COLLEGES
23 NCAC 02C .0301 ADMISSION TO COLLEGES

(a) Each college shall maintain an open-door admission policy to all applicants who are legal residents of the United States and who are either high school graduates or are at least 18 years of age. Student admission processing and placement determination shall be performed by the officials of each college. Admission requirements for an emancipated minor shall be the same as for an applicant 18 years old or older. Provisions with respect to admission of minors are set forth in Rule .0305 of this Section.

(b) For the purposes of this Section, "undocumented immigrant" means any immigrant who is not lawfully present in the United States. Community colleges shall admit undocumented immigrants under the following conditions:

(1) Community colleges shall admit an undocumented immigrant only if he or she attended and graduated from a United States public high school, private high school, or home school that operates incompliance with State or local law;

(2) When determining who is an undocumented immigrant, community colleges shall use federal immigration classifications;

(3) Undocumented immigrants admitted under Subparagraph (b)(1) of this Rule must comply with all federal and state laws concerning financial aid;

(4) An undocumented immigrant admitted under Subparagraph (b)(1) of this Rule shall not be considered a North Carolina resident for tuition purposes. All undocumented immigrants admitted under Subparagraph (b)(1) of this Rule must be charged out of state tuition whether or not they reside in North Carolina;

(5) When considering whether to admit an undocumented immigrant into a specific program of study, community colleges shall take into account that federal law prohibits states from granting professional licenses to undocumented immigrants; and

(6) Students lawfully present in the United States shall have priority over any undocumented immigrant in any class or program of study when capacity limitations exist.

(c) Boards of trustees may adopt policies regulating admission and graduation of students enrolled in courses mandated under G.S. 17C, North Carolina Criminal Justice Education and Training Standards Commission, or G.S. 17E, North Carolina Sheriffs' Education and Training Standards Commission. These policies may limit enrollment to law enforcement officers or persons sponsored by law enforcement agencies and may require a student to maintain sponsorship by a law enforcement agency until completion of the program. Policies adopted pursuant to this Paragraph shall be published and made available to students and prospective students.

(d) Any college suspending or expelling a student for non-academic disciplinary purposes shall record the suspension or expulsion in the student's educational record.  Upon receipt of a written request signed by the student and subject to all applicable privacy laws, each college shall, in accordance with the student's request, inform other colleges and universities of the term and circumstances of the student's non-academic disciplinary suspension or expulsion, if any. Boards of trustees may adopt polices refusing admission to any applicant during any period of time that the student is suspended or expelled from any other educational entity.
History Note: Authority G.S. 115D-1; 115D-5; 115D-20;

Eff. February 1, 1976;

Amended Eff. January 1, 2006; January 1, 1996; September 1, 1993; May 1, 1992; January 1, 1987;

Amended Eff. Pending Legislative Review.
23 NCAC 02C .0505 NONCERTIFIED SOURCE

PURCHASES

(a) Community colleges may purchase the same or substantially similar supplies, equipment, and materials from noncertified sources as provided in G.S. 115D-58.5(b) and G.S. 115D-58.14. "Substantially similar" is defined as having comparable, but not identical characteristics in terms of quality, service and performance as items available under State term contracts.

(b) Each college shall submit to the System Office an annual report showing the number of purchases made from noncertified sources for supplies, equipment, or materials; the amount of funds expended for each purchase; and the amount of funds that would have been expended under state contract. When exercising the purchasing authority granted by G.S. 115D-58.14, each college shall also document the use of this authority on the purchase order.

(c) The System Office shall monitor the use of noncertified source purchases and shall make an annual report to the State Board. The report shall include the number of noncertified source purchases made by the colleges and the amount of funds expended.


History Note: Authority G.S. 115D-5; 115D-20; 115D-58.14; S.L. 2009-132;

Temporary Adoption Eff. October 21, 1998;

Temporary Adoption Expired August 13, 1999;

Eff. August 1, 2000;

Amended Eff. May 1, 2010.

TITLE 25 – OFFICE OF STATE PERSONNEL
25 ncac 01e .1009 other management

approved leave

(a) Other Management Approved Leave provides paid time off for miscellaneous reasons as set forth in these Rules. These Rules apply to full-time and part-time (half-time or more) employees who have a permanent, probationary, time-limited permanent or trainee appointment;

(b) Employee shall request Other Management Approved Leave at least two weeks before the leave is needed, unless such notice is impractical; and

(c) If an employee's job responsibilities include attendance at the activity, it is not leave. It is a work assignment and will be included in hours worked for purposes of computing overtime for FLSA non-exempt employees.


History Note: Authority G.S. 126-4(5);

Eff. May 1, 2010.
25 NCAC 01E .1010 NON-DISCRETIONARY TYPES

OF OTHER MANAGEMENT APPROVED LEAVE

(a) An appointing authority shall grant leave with pay to an employee for any of the following purposes:

(1) to prepare for participation in his or her internal agency grievance or mediation procedure in accordance with 25 NCAC 01J .1208(a);

(2) to participate in contested case hearings or other administrative hearings in accordance with 25 NCAC 01J .1208(b);

(3) to place an employee on investigatory status as provided in 25 NCAC 01J .0615;

(4) to locate and move to a new residence, within the limits allowed by policy, when a transfer is required by the agency in accordance with 25 NCAC 01E .1004;

(5) to attend workers' compensation hearings;

(6) to serve on state commissions, councils, boards and committees established by the General Assembly or other bodies established by the Governor and Council of State;

(7) because of a smallpox vaccination in accordance with G.S. 126-8.4;

(8) to train for and compete in Pan American, Olympic or international athletic competition in accordance with G.S. 126-8.1; and

(9) to cover time that an agency is closed for emergencies in accordance with 25 NCAC 01E .1005 and the Adverse Weather and Emergency Closings Policy.

(b) There shall be no loss of pay or other leave time associated with leave under this Rule.


History Note: Authority G.S. 126-4(5);

Eff. May 1, 2010.
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