W. Va. Code R. § 64-21-3 - Permits, Hearings, Notices, Orders

3.1. Construction and Modification.

3.1.a. Except for minor repairs, no person shall construct a building or structure to be used as a child care center, or extend, alter or modify any structure used or to be used as a child care center without first making written application to the division of health and receiving a permit for the child care center. A person shall not begin construction, extension, alteration, or modifications until the division has issued a permit for the construction.

3.1.b. The division shall not issue a permit for the construction, extension, alteration, or modification of a child care center until it receives an application for a construction permit and detailed plans and specifications of the child care center for review and approval.

3.1.c. The applicant shall submit a written permit application on a form prescribed by the division. The form shall be signed by the applicant or his or her authorized agent and shall contain all information requested by the division to enable it to determine if the child care center construction, extension, alteration, or modification is or will be in compliance with the applicable provisions of this rule.

3.1.d. When upon review of the plans, specifications, and application for a permit, the division of health is satisfied that the proposed construction, extension, alteration, or modification of the child care center is satisfactory, it shall issue a permit. If the construction, extension, alteration, or modification activities have not begun within six (6) months from the date of issuance of a permit, the permit automatically expires.

3.1.e. The application, plans, and specifications shall include, but not be limited to: a plot layout; floor plans; building specifications; type of material used; a list of food service equipment; the type of potable and waste water treatment systems; and the type of heating and ventilation systems.

3.1.f. The applicant shall submit plans, specifications, and an application for a permit at least forty-five (45) days prior to the date that construction, extension, alteration, or modification is to begin.

3.1.g. The division of health shall deny permission to construct, extend, alter, or modify the building or structure, if the information on the application, plans, specifications or supporting documentation is incomplete, inaccurate, false or misleading, or indicates that the applicable provisions of this rule cannot be met.

3.1.h. The child care center shall only be constructed, extended, altered or modified in accordance with the plans and specifications approved by the division of health. Prior to implementing a deviation from the approved plans and specifications, the applicant shall obtain written approval from the division.

3.2. Permit to Operate.

3.2.a. No person shall operate a child care center unless the person has in his or her possession a valid permit issued by the health officer to operate a specific child care center.^[2]

3.2.b. The applicant shall submit a written permit application to the health officer on a form prescribed by the division. The form shall be signed by the applicant or his or her authorized agent and shall contain all information requested by the division to enable it to determine if the child care center and its operation are in compliance with the applicable provisions of this rule.

3.2.c. The applicant shall submit an application for a permit at least fifteen (l5) days before the actual or proposed operation of the child care center is scheduled to begin.

3.2.d. The health officer shall deny a permit if the information on the application form is incomplete, inaccurate, false or misleading or indicates that the applicable provisions of this rule cannot be met.

3.2.e. Only persons who comply with the applicable provisions of this rule are entitled to retain a permit.

3.2.f. Child care centers in operation at the time this rule becomes effective, which meet all applicable prior rules, are eligible for a permit to operate. Any construction, extension, modification or alteration taking place after the effective date of this rule in child care centers permitted under this subdivision shall comply with all applicable provisions of this rule.

3.2.g. Child care centers put into operation after the effective date of this rule shall comply in full with all applicable provisions of this rule.

3.2.h. Permits are not transferable or assignable and automatically become invalid upon a change of ownership or upon suspension or revocation.

3.2.i. A permit to operate expires at midnight on the thirty first day of December following the date of issuance.

3.2.j. In the event of an intended change or actual change in ownership of a child care center, the applicant shall submit an application for a permit to operate at least fifteen (l5) days prior to the date of the proposed or actual change.

3.2.k. The health officer may be suspend or revoke a permit if he or she finds that the child care center is being maintained or operated in violation of this rule or any applicable law, rule or ordinance.

3.2.l. The health officer shall not reinstate a permit to operate until he or she determines by an inspection that the child care center is in compliance with all applicable provisions of this rule and any orders, rules or instructions issued by the health officer.

3.2.m. The operator shall post the operational permit in a conspicuous place within the child care center, and the permit shall be readily available to the health officer.

3.3. Hearings, Notices and Orders.

3.3.a. Any person whose application for the construction, extension, alteration, or modification of a child care center has been denied may petition and shall be granted a hearing on the matter within ten (l0) days after the health officer has received a written petition requesting a hearing.

3.3.b. Any person whose application for a permit to operate a child care center has been denied, or whose permit has been suspended or revoked may petition and shall be granted a hearing on the matter within ten (l0) days after the health officer has received written petition for the hearing.

3.3.c. When a health officer finds insanitary or other conditions which constitute an immediate substantial hazard to public health at a child care center, he or she may, without warning notice or a hearing, issue a written order to the operator. The order shall cite those conditions and shall specify the corrective action to be taken by the child care center and the time period in which the action shall be completed. When necessary, the order shall state that the permit to operate the child care center is immediately suspended.

Notes

W. Va. Code R. § 64-21-3