W. Va. Code R. § 64-18-6

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-18-6 - Bedding and Sleeping Areas
6.1. All rooms or areas used for bedding and sleeping shall be kept clean and sanitary, maintained in a safe condition and in good repair.
6.2. Floors in sleeping quarters shall be easily cleanable, in good repair and located to prevent ground and surface water entry.
6.3. Tents used as permanent sleeping quarters shall be placed on platforms or floors elevated at least one foot above the ground surface. Concrete pads may be used in lieu of platforms on floors.
6.4. Single occupancy sleeping areas shall contain a minimum of seventy (70) square feet of floor space per person.
6.5. In multiple occupancy rooms or areas used for a combination of eating, sleeping or cooking, a minimum of fifty (50) square feet of floor space is required per occupant.
6.5.a. Any state prison, correctional facility, work release center or other facility for the housing of criminal offenders or detainees governed by this section, upon any inspection required by this rule, the facility may request an exemption from this subsection regarding square footage if the following conditions are met:
6.5.a.1. There is a conflict between the minimum square footage requirements of this subsection and the minimum square footage requirements established by the current applicable standards of the American Correctional Association (the "Standards"); and
6.5.a.2. The facility desiring the exemption provides the bureau for public health with a copy of the ACA Standards at the same time that it submits a written request for an exemption.
6.5.b. Upon satisfaction of the provisions of 6.5.a, of this subsection, the bureau may grant the request for exemption, in which case the square footage requirements of the American Correctional Association Standards shall govern. In all other respects, the requirements of this rule apply to these facilities or institutions.
6.6. Except for tents, no sleeping area shall have a ceiling height of less than seven (7) feet measured from the floor.
6.7. Sleeping areas shall be designed to provide a minimum of three feet between beds, both laterally and end to end. Beds shall be placed so that the heads of sleepers are at least six feet apart. These spacing requirements for beds do not apply to hotels, motels, or bed and breakfast inns.
6.8. When double-decker beds are used, there shall not be less than twenty-seven (27) inches between the lower mattress and the bottom of the upper bed and not less than twenty-seven (27) inches between the ceiling and the top mattress of the upper bed.
6.9. Triple decker beds are prohibited.
6.10. A bed and bedding shall be provided for each person.
6.11. Mats or cots used for short term napping shall be spaced two feet apart on all sides.
6.12. All articles of bedding and furniture shall be kept clean and in good repair.
6.13. All fabric mattresses shall be provided with mattress pads or mattress covers.
6.14. Linens shall be provided except in those facilities where the user is normally required to bring his or her own linens.
6.15. Linen, if provided, shall be changed at least once weekly or more often if needed, and clean linen provided.
6.16. A clean set of linen shall be provided for each succeeding occupant.
6.17. Storage area or areas shall be provided for the storage of excess clothing, luggage, or similar articles.
6.18. Sleeping areas in primitive or outpost camping or similar recreational activities are exempt from the requirements of this section.

W. Va. Code R. § 64-18-6