W. Va. Code R. § 64-21-5 - General Building Requirements

5.1. Location; Structure; Size.

5.1.a. Child care centers shall be located in a relatively noise and pollution free environment.

5.1.b. Child care center buildings or structures shall be of sound structure and maintained in good repair.

5.1.c. All painted surfaces shall be free of lead pigment and other toxic materials.

5.1.d. Usable floor space of thirty-five (35) square feet per child shall be provided and available for children's activities, exclusive of halls, bathrooms, the kitchen, office space, or storage areas.

5.2. Floors; Walls; Ceilings.

5.2.a. Floors, walls and ceilings shall be of easily cleanable construction.

5.2.b. Toilet rooms and areas housing food service facilities shall have moisture-resistant, nonabsorbent floors.

5.2.c. Toilet rooms and areas housing food service facilities shall have water-resistant walls to a minimum level of four (4) feet above floor level.

5.2.d. Toilet rooms and areas housing food service facilities shall provide a coved juncture between the floor and wall.

5.2.e. Carpeting shall be securely attached or of a non-skid nature.

5.2.f. Carpeting shall not be used in toilet rooms or areas housing food service facilities.

5.2.f.1. In family day care facilities carpeting may be used in kitchen and dining areas if it is easily cleanable and kept clean and in good repair.

5.3. Heating; Ventilation.

5.3.a. All rooms shall have approved ventilation either by natural or mechanical means. Fans shall have shields with openings less than one-half inch or be out of the reach of children.

5.3.b. Child care centers shall be equipped with approved heating units sufficient to provide a temperature of at least sixty-eight degrees Fahrenheit (68EF) at floor level in all rooms used by children.

5.3.c. Unguarded open-face heaters are prohibited.

5.3.d. Oil and gas fired heating devices shall be properly vented to the outside air.

5.3.e. Shielding or other effective means shall be used to protect the children from direct contact with radiators, registers, hot water pipes and similar hazards.

5.3.f. All rooms used by children shall have a thermometer which shall be located approximately thirty (30) inches above floor level. Thermostats are not acceptable in lieu of thermometers.

5.4. Insect and Rodent Control.

5.4.a. All buildings or structures shall be of rat-proof construction.

5.4.b. All doors opening to the outside shall be close-fitting. Screen doors or doors used in lieu of screen doors shall be self-closing.

5.4.c. All openings to the outer air shall be effectively protected against the entrance of insects.

5.4.d. The child care center shall be free of insects and rodents at all times.

5.4.e. Only those insecticides and rodenticides approved by the U. S. Environmental Protection Agency shall be used in child care centers.

5.5. Lighting.

5.5.a. Play and activity surfaces shall have a minimum of fifty (50) foot candles of illumination at floor level. All other areas shall have at least thirty (30) foot candles of illumination at floor level.

5.5.b. Lighting may be by either natural or artificial means or both.

5.5.c. All light bulbs and fluorescent tubes shall be protected by effective shields.

5.6. Plumbing.

5.6.a. All plumbing shall meet the requirements of local plumbing codes or ordinances, or in their absence, the state building code.

5.6.b. Cross-connections and potential back siphonage possibilities are prohibited.

5.7. Toilet, Lavatory, and Bathing Facilities.

5.7.a. Toilet rooms shall be provided and shall be easily accessible to children.

5.7.b. In day care centers, separate and private toilet facilities shall be provided for males and females who are six (6) years of age or older.

5.7.c. One (1) flush toilet and one (1) lavatory shall be provided for each fifteen (15) children or fraction thereof, excluding children in diapers who are not receiving toilet training.

5.7.d. In day care centers, a hand washing sink shall be located in the diaper changing area. In family day care facilities, a hand washing sink shall be readily accessible to the diaper changing area.

5.7.e. Toilet fixtures shall be sized so that they may be used by children without assistance, or step stools and/or modified toilet seats which are safely constructed and can be cleaned easily may be used in lieu of specially sized toilet fixtures.

5.7.f. Lavatories shall be provided in or immediately adjacent to all toilet rooms. Each lavatory shall have mixing faucets, or be provided with tempered water. All lavatories shall be provided with soap and single service sanitary towels.

5.7.g. Waste receptacles shall be provided adjacent to lavatories for used paper towels.

5.7.h. If provided, separate adult employee toilet rooms shall have a minimum of one (1) flush toilet. At least one (1) lavatory shall be located within or immediately adjacent to the toilet room.

5.7.i. Adult employee toilet rooms shall meet the requirements of subdivisions 5.7.f and 5.7.g of this rule.

5.7.j. All toilet rooms shall have a covered waste container.

5.7.k. If night-time care is provided, a bathtub or shower shall be provided as well as age-appropriate bathing facilities for children of toddler age or younger.

5.7.k.1. No child under age six (6) shall be left unsupervised while bathing.

5.7.k.2. Soap and clean, individual washcloths and towels shall be provided for each child.

5.7.k.3. Bathtubs and showers shall be equipped to prevent slipping.

Notes

W. Va. Code R. § 64-21-5