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 78-1-20 - Environmental Safety
Universal Citation: 78 WV Code of State Rules 78-1-20
Current through Register Vol. XLI, No. 38, September 20, 2024
20.1. A center shall take all necessary precautions to ensure an accident-free and smoke-free environment for the children, staff members and visitors to the center.
20.1.a. Smoking and tobacco product use by
anyone is prohibited on the premises and everywhere in the presence of
children.
20.1.b. Smoking is
prohibited anytime in vehicles operated by the center, even in the absence of
children.
20.1.c. All tobacco
products, lighters, and matches shall be kept out of the children's reach and
sight.
20.2 Safety of Premises, Furnishings, Equipment, and Supplies. A center shall:
20.2.a. Ensure that the premises,
furnishings, equipment, and supplies are in good repair and present no hazard
to the health and safety of the children;
20.2.b. Only use furnishings, equipment and
supplies that meet the standards of the Consumer Product Safety Commission
(CPSC) and shall not use any product recalled by the CPSC;
20.2.c. Position indoor and outdoor
furnishings, equipment, and supplies to:
20.2.c.1. Allow a child freedom to
participate in center activities;
20.2.c.2. Permit direct access to emergency
exits; and
20.2.c.3. Provide clear
sight lines for staff supervision;
20.2.d. Ensure that sleeping equipment,
including cribs, cots, and beds are a minimum of 24 inches apart from each
other on all sides;
20.2.e.
Maintain a temperature not less than 68 degrees Fahrenheit at floor level and
not higher than 85 degrees Fahrenheit, in all rooms occupied by a
child;
20.2.f. Ensure sufficient
lighting by:
20.2.f.1. Providing a minimum of
50 foot-candles of illumination at floor level, in rooms occupied by a child
for program activities;
20.2.f.2.
Providing at least 30 foot-candles of illumination at floor level in areas not
occupied by a child;
20.2.f.3.
Providing light for supervision when a child is sleeping; and
20.2.f.4. Provide outdoor lighting at all
entrances and exits used by a child when a center operates evening or night
time programs.
20.3. Potential Hazards of Premises, Furnishings, Equipment, and Supplies.
20.3.a.
Firearm Prohibition. A center shall prohibit firearms unless carried by a
regulatory or law enforcement professional in the line of duty; and shall
prohibit projectile weapons, including pellet or BB guns, darts, cap pistols,
bows and arrows, slingshots, and paint ball guns.
20.3.b. Hazardous Chemical and Toxic Items. A
center shall ensure that:
20.3.b.1. Products
containing potentially hazardous chemicals, including identified poisons,
medications, certain cleaning supplies, and art supplies, not clearly labeled
as "nontoxic," are inaccessible to the children in a locked cabinet away from
food, and when possible, stored in their original containers and never in
containers originally designed for food; and
20.3.b.2. For each product containing
potentially hazardous chemicals, a center has on file a material safety data
sheet, available at the point of purchase or from the manufacturer.
20.3.c. Lead Paint. A center shall
seal or remove lead paint from the premises according to current safety
standards and at a time when the children are absent during the entire sealing
or removal process. The center shall secure approval from the Health Department
prior to implementing a plan to deal with lead paint.
20.3.d. Electrical Equipment.
20.3.d.1. Electrical cords. A center shall
ensure that each electrical cord is insulated and in good repair.
20.3.d.2. Extension cords and plug-in strips.
A center shall not use an electrical extension cord except on a temporary
basis, but if using it shall ensure that the cord is in good repair. A center
may use an electrical multiple plug-in strip with a circuit breaker in good
repair.
20.3.d.3. Electrical
Outlet. A center shall ensure that when an electrical outlet within reach of a
child younger than school age is not in use, it is protected by a
cover.
20.3.d.4. Electrical
Appliance. A center shall not locate an electrical appliance in an activity
area used by a child except for a brief period when an adult supervises the use
of the electrical appliance for a program.
20.3.e. Microwave Oven. If a center uses a
microwave oven, the center shall train staff members in the correct use and
potential dangers of the oven and post a warning on or near the oven to check
the temperature of food heated in the oven before feeding it to a
child.
20.3.f. Heating Devices. A
center shall provide a shield to protect the children from a hot pipe or
radiator and shall not use unvented fuel fire heaters.
20.3.g. Doors. A center shall ensure that:
20.3.g.1. All doors close properly, and fire
doors are closed at all times; and
20.3.g.2. All clear glass doors are clearly
marked at the children's eye level.
20.3.h. Floors. A center shall firmly anchor
all floor coverings.
20.3.i.
Barriers and Gates. The center shall ensure that:
20.3.i.1. All temporary walls or items being
used as physical barriers are firmly anchored or cannot be moved or tipped by a
child so that they pose no threat to the safety of the child; and
20.3.i.2. Stairways to which the child has
access have appropriate railings and safety gates or other barriers at the top
and bottom.
20.3.j.
Strings, Cords and Hanging Items.
20.3.j.1.
When a child wears a piece of clothing with a drawstring, a center shall:
20.3.j.1.A. Inform the child's parent of the
potential risk of strangulation; and
20.3.j.1.B. Ensure that prior to the child's
participation in an activity, staff members remove or secure any drawstring
that might pose a risk to the child.
20.3.j.2. Pacifiers. A center shall ensure
that a pacifier attached to a string or ribbon that is six inches or more in
length, is not placed around a child's neck or affixed to the child's
clothing.
20.3.j.3. A center shall
ensure that a child under school age does not have access to a string or cord
that is six inches or more in length and attached to a fixed object, such as a
window shade, or access to other hanging items, such as a tablecloth.
20.4. Outdoor Safety.
20.4.a. Barriers and Exits.
20.4.a.1. A center shall ensure that the
outdoor activity area for a child under school age:
20.4.a.1.A. Is enclosed on all sides by a
natural barrier or secure fence that is at least four feet high with a bottom
edge that is less than three-and-a-half inches from the ground;
20.4.a.1.B. If it has a fence, the fence has
no openings greater than three-and-a-half inches;
20.4.a.1.C. If it has a natural barrier, the
barrier has the strength and density to prevent humans and animals from
entering or exiting the playground;
20.4.a.1.D. If it is attached to a building,
the barrier or fence provides at least two exits from the play area, including
one exit that is at a distance from the building; and
20.4.a.1.E. When it has an exit that does not
lead directly indoors, that it is protected by a gate equipped with a closure
mechanism that is out of the reach of a small child and prevents the child from
leaving the play area but can be easily opened by an adult.
20.4.a.2. A center may use an
unenclosed outdoor activity area for school-aged children if it is determined
to be hazard-free by the Secretary.
20.4.b. Surfaces for Play Area. A center
shall ensure:
20.4.b.1. That the play area has
more than one type of surface, including a surface that is suitable for
children's wheeled vehicles and pull toys;
20.4.b.2. That the surface of the play area
in an equipment use zone complies with the current Consumer Product Safety
Commission's publication entitled "Public Playground Safety Handbook,"
publication # 325, sections 2.4. et seq. and 5.3. et
seq. A licensee whose outdoor space was approved prior to July 1,
2014, and who remains in compliance with the previous rule, and who does not
undergo renovation or relocation of the outdoor space, has until July 1, 2018,
to comply with the current requirements.
20.4.c. Hazards. A center shall ensure that:
20.4.c.1. The play area is well drained and
free of debris;
20.4.c.2. The
outdoor environment is clear of hazards and all potential hazards such as heat
pumps, air conditioning units, wiring, meters, and telephone boxes, are
inaccessible to the child;
20.4.c.3. The child is protected from moving
vehicles; and
20.4.c.4. When there
is reason to believe that exposure to the soil in the outdoor activity area
might harm the child, it has on file evidence that the soil does not contain
hazardous levels of any toxic chemical or substances.
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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