W. Va. Code R. § 78-18-19

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 78-18-19 - Environmental Safety

19.1. Tobacco Use.

19.1.a. Facilities shall notify parents in advance if staff, volunteers, or household members in the facility smoke or use smokeless tobacco.

19.1.b. A caregiver shall provide a smoke-free environment while children are present.

19.1.c. Smoking is prohibited when the children are in vehicles with caregivers.

19.1.d. All tobacco products, smoke abatement products, ashtrays, butts, ashes, spittoons, lighters, and matches shall be kept out of the children's reach.

19.2. Animals.

19.2.a. Any pet or animal present at the facility, indoors or outdoors, shall be in good health, show no evidence of carrying disease, and be a friendly companion for children.

19.2.b. When pets are kept on the premises, the facility shall comply with the rules of the Bureau for Public Health's Child Care Centers Rule, 64 CSR 21.

19.3. Play Areas and Equipment.

19.3.a. All areas accessible to the outdoor play area determined to be unsafe, including, but not limited to, steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets, roads, driveways, railroad tracks, or parking lots, shall be fenced off or have natural barriers at least three feet high to protect the children.

19.3.b. Play equipment shall be of a safe design and shall be maintained in good repair. It shall be free of sharp edges, protruding parts, weaknesses, or flaws and shall be installed to prevent tipping or collapse.

19.3.c. Swings, slides, and climbing equipment shall not be placed on concrete or asphalt surfaces;

19.3.d. Trampolines shall not be accessible to the children in care.

19.3.e. The facility shall have indoor and outdoor play equipment, toys, materials, and furniture that are:

19.3.e.1. Appropriate to the developmental needs and ages of the children in care;

19.3.e.2. Safe, clean, durable, in good repair, and made of nontoxic materials;

19.3.e.3. Easily accessible to and appropriately sized for young children;

19.3.e.4. Of sufficient quantity to provide choices for children and avoid competition for toys; and

19.3.e.5. Capable of providing for a variety of activities such as quiet and active play and individual and group play.

19.3.f. The facility shall have storage spaces for each child's clothing and for toys and art supplies that are easily accessible to children. These spaces shall be designed to encourage children to pick up and put away toys and personal possessions.

W. Va. Code R. § 78-18-19