Potable Water Lead Testing Requirements for Licensed Child Day Programs

This memo is a follow-up to a memo previously distributed on April 7, 2024, outlining the requirements for certain regulated child day programs to comply with § 22.1-289.057 of the Code of Virginia to help prevent and detect childhood lead exposure. 

Each program required to comply must have evidence of submitting a testing plan to the Virginia Department of Health Office of Drinking Water (VDH ODW) prior to January 1, 2025. To submit your plan, please email leadtestingprogram@vdh.virginia.gov. The VDH ODW will confirm that they have received and reviewed your plan. Please save your confirmation and any other communications with VDH or testing laboratories for your VDOE licensing inspector to review.  

Overview of Requirements in §22.1-289-057 

The law requires all licensed child day programs to develop and implement a plan to test potable drinking water used for human consumption. Your program must submit plans and test results to VDH ODW. If the results of the testing indicate elevated lead levels, your program must remediate, retest, and resubmit results to VDH ODW. Instead of developing and implementing a plan for testing or remediation, programs can choose to use bottled water, water coolers, or other similar water sources for human consumption that meets the U.S. Food and Drug Administration standards for bottled water. Pursuant to § 32.1-167 of the Code, human consumption “means drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene.” 

Determining Compliance 

The VDOE Office of Child Care Health and Safety will begin determining compliance with this law during licensing inspections beginning January 1, 2025. Programs that continue to use non-bottled drinking water for human consumption are required to develop and implement a testing plan and submit plans and test sample results to ODW no later than December 31, 2024. Copies of testing plans and sample results should be emailed to leadtestingprogram@vdh.virginia.gov. 

Experiencing Delays?  

Providers participating in the VDH grant program and those who are enrolled but have not yet completed testing, will be in compliance as long as they continue to participate in the VDH program and are following their plan. Enrolled programs should have evidence of enrollment and be able to demonstrate enrollment by accessing the 120 Water portal, which is the platform used by VDH to manage and report data collected from lead testing in schools and childcare facilities. The VDOE will confirm a program’s status to determine compliance.   

If a provider is not participating in the VDH grant program and is experiencing a delay in performing tests or obtaining results, retain evidence that a plan has been submitted and that testing has been scheduled or completed, and provide the test results as soon as possible after receipt. The VDOE will review such evidence and determine if the provider has made a reasonable attempt to comply with the requirements. If you have any questions about what information to keep or what evidence is acceptable, please contact your licensing inspector. The VDOE will provide technical assistance as needed. 

VDOE Resources 

Resources are available on the VDOE What’s New webpage to assist providers in navigating the requirements of this law, including a webinar, frequently asked questions, and a flow chart to help determine next steps. If you have a question that is not answered, please reach out to your licensing inspector or childcarelicensing@doe.virginia.gov. 

• Potable Water Lead Testing Requirements for Licensed Child Day Programs_Dec2024.(PDF)