                                 CODE OF VIRGINIA

CHILD DAY PROGRAMS AND CERTAIN OTHER PROGRAMS; POTABLE WATER; LEAD TESTING (§
22.1-289.057)

A. Each child day program that is licensed pursuant to this chapter and any
program described in subdivision A 4, B 1, or B 5 of &#xA7; 22.1-289.030 that
serves preschool-age children shall develop and implement a plan to test potable
water from sources identified by the U.S. Environmental Protection Agency as
high priority, including bubbler-style and cooler-style drinking fountains,
kitchen taps, classroom combination sinks and drinking fountains, home economics
room sinks, teacher&#8217;s lounge sinks, nurse&#8217;s office sinks, classroom
sinks in special education classrooms, and sinks known to be or visibly used for
consumption.

B. The plan established pursuant to subsection A and the results of each test
conducted pursuant to such plan shall be submitted to and reviewed by the
Commissioner and the Department of Health&#8217;s Office of Drinking Water.

C. If the results of any test conducted in accordance with the plan established
pursuant to subsection A indicate a level of lead in the potable water that is
at or above 15 parts per billion, the program shall remediate the level of lead
in the potable water to below 15 parts per billion and confirm such remediation
by retesting the water. The results of the retests shall be submitted to and
reviewed by the Commissioner and the Department of Health&#8217;s Office of
Drinking Water.

D. Notwithstanding the provisions of subsection A or C, a child day program that
is licensed pursuant to this chapter and any program described in subdivision A
4, B 1, or B 5 of &#xA7; 22.1-289.030 may, in lieu of developing and
implementing a plan to test potable water or of remediation, use for human
consumption, as defined by &#xA7; 32.1-167, bottled water, water coolers, or
other similar water source that meets the U.S. Food and Drug Administration
standards for bottled water. Any program that chooses this option shall notify
the Commissioner and the Department of Health&#8217;s Office of Drinking Water
and the parent of each child in the program of such choice.

HISTORY: 2020, cc. 1084, 1085, § 63.2-1705.1.