West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements
Section 78-21-8 - Environment

8.2.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.

8.2.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, corridors, and areas to be clear for a means of egress; fire escapes; areas used exclusively for eating; bathrooms; staff lounges; adult work areas including offices, laundry, and furnace rooms; kitchens; permanently equipped isolation areas; and storage spaces.

8.2.c. For out-of-school-time programs that operate more than four continuous hours on a daily basis, the 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 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 have outdoor activity each day.

8.3.a. Take all necessary precautions to provide an accident-free and smoke-free environment for the children, staff members and visitors to the center;

8.3.b. Prohibit smoking and tobacco product use by anyone on the premises and everywhere in the presence of children;

8.3.c. Prohibit smoking anytime in vehicles operated by the center, even in the absence of children;

8.3.d. Require all tobacco products, lighters and matches be kept out of the children's reach and sight;

8.3.e. Ensure that the premises, furnishings, equipment, and supplies are in good repair and present no hazard to the health and safety of the children;

8.3.f. Ensure all equipment and materials are regularly inspected by staff for potential hazards;

8.3.g. Ensure equipment is regularly cleaned, disinfected as needed, and discarded when no longer useable;

8.3.h. Ensure equipment and materials are installed, maintained, and used in accordance with manufacturer's instructions;

8.3.i. Store products containing potentially hazardous chemicals, including identified poisons, certain cleaning supplies, and art supplies not clearly labeled as "nontoxic," away from activity space and food, and when possible, stored in their original containers and never in containers originally designed for food. If Pre-K children are present in the program, these products must be stored in a manner to be inaccessible to children;

8.3.j. Have on file a material safety data sheet for each product containing potentially hazardous chemicals that includes disposal of bio-contaminants;

8.3.k. Ensure outdoor play areas meet current Consumer Product Safety Commission guidelines for safe public playgrounds; and

8.3.l. Ensure an unenclosed outdoor activity area is away from traffic areas and other hazards; and

8.3.m. Enclose an outdoor play area used by children younger than school age with a natural barrier or secure fence that is at least four feet high and has no openings greater than 3 1/2 inches.