West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-18 - Family Child Care Facility Licensing Requirements
Section 78-18-18 - Physical Plant Safety

Current through Register Vol. XLI, No. 38, September 20, 2024

18.1. Facility Requirements.

18.1.a. The building and grounds used for a family child care facility shall be suitable for the purpose of child care, kept clean and in good repair, and shall present no hazard to the health and safety of children.

18.1.b. A family child care facility shall have heat, electricity, and indoor plumbing.

18.1.c. Family child care facilities shall be equipped with a working telephone with a listed number.

18.1.d. Facilities shall post the following emergency telephone numbers adjacent to the phone: ambulance, fire, police, poison control or universal poison control center, and parents and health care providers for all children in care.

18.1.e. Usable floor space of 35 square feet per child shall be available for children's activities, exclusive of halls, bathrooms, the kitchen, office space, or storage areas.

18.1.f. Family Child Care facilities shall use an on-site kitchen which complies with the requirements of Bureau for Public Health's Child Care Centers Rule, 64 CSR 21, and shall be equipped as follows:
18.1.f.1. Kitchen and eating areas shall be equipped to safely prepare, store, and serve meals to children.

18.1.f.2. Equipment shall include an oven or microwave, a range or cook-top, a refrigerator, and equipment for washing, rinsing, and sanitizing cooking and eating utensils.

18.1.g. A quiet space shall be available for children to nap or rest away from the noise of household activity.

18.1.h. An operator shall provide an individual bed, sturdy cot, crib, couch, baby bed, portable packs and play yard, or mat for each child who naps. Siblings may share double beds.

18.1.i. All interior bathroom and closet doors which can be locked from the inside shall be capable of being unlocked from the outside.

18.1.j. Clear glass doors shall be clearly marked at a child's eye level.

18.1.k. There shall be usable outdoor play space of 75 square feet per child available for the children's outdoor activities either on the premises or within walking distance of the facility. The facility may stagger play times and space based on the number of children using the area at one time.

18.2. Safety Barriers.

18.2.a. All indoor or outdoor stairways, hallways, and exits shall be unobstructed except for safety barriers.

18.2.b. Stairs of four or more steps shall have hand railings when children less than five years of age are in care.

18.2.c. Safety gates shall be provided at the top and bottom of stairs accessible to children under 36 months of age.

18.2.d. Accordion expansion gates are prohibited.

18.2.e. Pressure mounted gates shall not be used at the top of a set of stairs.

18.2.f. Balconies, decks, porches, ramps, and play or living areas that are elevated more than 36 inches shall be equipped with secure, child-proof railings and barriers.

18.3. Hazards. Family child care facilities shall:

18.3.a. Keep children away from areas undergoing remodeling or construction;

18.3.b. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, medical cannabis, and alcoholic beverages or toxic materials out of the reach of children less than six years of age;

18.3.c. Store hazardous materials separately from food items;

18.3.d. Store guns, ammunition, hunting knives, bows and arrows, and other weapons in a locked cabinet or closet, and store keys out of the children's reach;

18.3.e. Keep strings and cords long enough to encircle a child's neck (six inches or more) out of the children's reach;

18.3.f. Not permit children less than age six in food preparation areas when ranges or cook-tops are in use; and

18.3.g. Keep hanging items including Venetian blind cords, appliance cords, and table cloths out of the reach of small children.

18.4. Electrical Safety.

18.4.a. Electrical cords shall be maintained in good condition.

18.4.b. Extension cords shall be heavy duty, UL approved, and not run under carpets or rugs or through common walkways unless stabilized to prevent tripping.

18.4.c. Protective covers shall be installed on all unused electrical outlets accessible to children who are under five years of age.

18.4.d. Small appliances shall be unplugged when not in use.

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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