H. B. 3015
(By Delegates D. Poling, Ellem, Williams,
Kessler and Reynolds)
[Introduced January 9, 2008; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-3-58, relating to
requiring vendors to provide flush lavatory facilities and
washing facilities at state funded construction projects equal
to or exceeding five million dollars; exceptions and
penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated, §5A-3-58, to read as
follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-58. Preference for vendors providing sanitary facilities;
exceptions.
(a) Other provisions of this article notwithstanding,
effective the first day of July, two thousand seven, in any
instance involving the purchase of construction services for any
erection or construction of, or any addition to, alteration of or
other improvement to any building or structure, including, but not limited to, the installation of any heating or cooling or
ventilating plants or other equipment, pursuant to a state contract
as defined in subparagraph (A), subdivision (2), subsection (a),
section fifty-six of this article, and where the total aggregate
cost thereof, whether one or a series of contracts are awarded in
completing the project, is estimated by the director to equal or
exceed the sum of five million dollars, the successful bid shall be
determined as provided in this section.
(b) The employer or owner of such construction site or place
of employment shall provide flush lavatory facilities in accordance
with subparagraph (1) of 29 CFR 1926.51 (c) and washing facilities
which include wash basins, warm water and soap.
(c) Lavatories and lavatory areas shall be maintained in good
repair and in a clean and sanitary condition.
(d) This section does not apply to highway construction or
maintenance projects or to electricity, water, sewer or gas
transmission facility construction or maintenance projects.
(e) The director may, by order, exempt or partially exempt,
individual or classes of construction projects from the
requirements of this section when conditions are such that
compliance is impractical or impossible.
NOTE: The purpose of this bill is authorize the director of
the state purchasing division to require vendors to provide flush
toilet facilities and washing facilities at state funded
construction projects equal to or exceeding five million dollars;
exceptions and penalties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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