West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-01 - Child Care Center Licensing Requirements
Section 78-1-12 - Space Requirement
Universal Citation: 78 WV Code of State Rules 78-1-12
Current through Register Vol. XLI, No. 38, September 20, 2024
12.1. Licensed Capacity. A center shall ensure that at all times the maximum number of children participating in activities on or off the premises does not exceed the licensed capacity determined by the separately computed area of indoor space, outdoor space, and bathroom facilities, not to exceed the lowest number of the three computations. Personnel and group size may be factored into the maximum capacity for certain age groups.
12.2. Indoor Space.
12.2.a. A center shall provide a minimum of
35 square feet per child of usable indoor space that is approved by the
Secretary for daily program activities. A center shall make the rooms and areas
of the center that are not approved for a child's use inaccessible to the
children.
12.2.b. Indoor space for
daily program activities does not include any space that is not available for a
child's activities including space occupied by columns, vestibules, and
corridors; fire escapes; areas used exclusively for eating; areas used
exclusively for napping; bathrooms; staff lounges; adult work areas including
offices, laundry, and furnace rooms; kitchens; permanently equipped isolation
areas; storage spaces, and areas occupied by furniture except for areas that
have:
12.2.b.1. Children's chairs and
tables;
12.2.b.2. Adult sized
comfortable chairs or a couch;
12.2.b.3. Moveable play equipment and shelves
for children's activities; or
12.2.b.4. A surface for changing
diapers.
12.2.b.5. For centers that
have a separate and distinct designated activity area for children under 12
months of age, cribs may be considered part of that useable indoor space,
provided that no more than 30 percent of the useable space is occupied by
cribs.
12.2.c. A center
shall not provide activity space in a basement area unless the basement area is
approved by the State Fire Marshal.
12.3. Outdoor Space.
12.3.a. A center shall provide an outdoor
activity area that includes a minimum of 75 square feet of space per child, or
if the outdoor activity area has less than that a center shall:
12.3.a.1. Establish an outdoor activity
schedule for rotating groups of children to meet the minimum space requirement
and to ensure that each child has an opportunity to play outdoors each day;
and
12.3.a.2. Submit to the
Secretary for his or her approval a copy of the current outdoor activity
schedule and shall use the outdoor space only after receiving the Secretary's
written approval that shall be displayed at the center for public
view.
12.3.b. A center
shall:
12.3.b.1. Provide an outdoor activity
area that is on its premises or immediately adjacent to its premises;
or
12.3.b.2. When neither of the
options in paragraph 12.3.b.1. of this rule is possible, shall submit a plan
for the Secretary's approval for alternate outdoor activity space to meet the
children's outdoor activities requirement and shall use the outdoor space only
after receiving the Secretary's written approval.
12.4. Bathrooms. The center shall provide one flush toilet and one lavatory per 15 children, excluding children in diapers who are not receiving toilet training.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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