W. Va. Code R. § 78-19-8

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 78-19-8 - Fire Safety and Evacuation Plan
8.1. Evacuation Plan.
8.1.a. A family child care home shall develop and post a written plan for an emergency evacuation in the event of fire, natural disaster or other threatening situation that may pose a health or safety hazard to the children in the family child care home. The plan shall include, but not be limited to:
8.1.a.1. A designated relocation site and evacuation;
8.1.a.2. Procedures for notifying parents of the relocation and ensuring family reunification;
8.1.a.3. Procedures to address the needs of individual children including children with special needs; and
8.1.a.4. Coordination with local emergency management officials.
8.1.a.5. The family child care home shall:
8.1.a.5.A. Update the evacuation plan by December 31 of each year and provide a copy to the child care regulatory specialist. If the provider fails to update the plan, the child care regulatory specialist shall take no action against the provider's certificate of registration until notice is provided and the provider is given 30 days after the receipt of notice to provide an updated plan.
8.1.a.5.B. Retain an updated copy of the plan for evacuation and shall provide notice of the plan and notification that a copy of the plan will be provided upon request to any parent, custodian, or guardian of each child at the time of the child's enrollment in the child care service and when the plan is updated.
8.1.b. The fire evacuation plan shall include a drawing of the primary and secondary exits from all areas of the house and meeting places for the children once they have exited the home.
8.1.c. A family child care home shall conduct monthly fire evacuation drills and maintain a written record of when they are conducted.
8.1.d. A family child care home shall develop, implement, and maintain a written procedure to practice with staff and volunteers moving to a safe location within the home at least two times a year and record the dates and times when the practice sessions are conducted;
8.1.e. A family child care home shall develop, implement, and maintain a written procedure for practicing relocation with the operator and volunteers two times per year and record the dates and times when the practice sessions are conducted;
8.2. Heating and Cooling.
8.2.a. Heating devices that require ventilation shall be vented to the outside.
8.2.b. Unvented gas heaters may be used as a supplemental source of heat when both of the following requirements are met:
8.2.b.1. A properly functioning digital carbon monoxide detector has been installed in a central location in the home; and
8.2.b.2. The heater is equipped with an oxygen depletion sensor that automatically shuts the heater off if a hazardous level of carbon monoxide accumulates.
8.2.c. Non-flammable protective barriers, guards, or screens shall be installed around wood burning stoves, open fireplaces, and unvented heaters to protect children from burns and flames and to prevent access.
8.2.d. Electric space heaters are allowed if they are UL approved, stable, and inaccessible to children.
8.2.e. Kerosene heating stoves shall not be used while children are in care.
8.2.f. Heating equipment and hot water tanks shall be kept clear of combustible materials.
8.2.g. Hot water tanks shall be equipped with a pressure relief valve and in an area inaccessible to children.
8.2.h. Family child care homes shall use air conditioning or fans that are either adequately shielded or out of children's reach when temperatures exceed 80 degrees Fahrenheit.
8.3. General Fire Safety.
8.3.a. One working smoke detector shall be installed on every level of the home.
8.3.b. Digital carbon monoxide detectors shall be installed in all residences that use gas appliances, fireplaces, pellet or wood-burning stoves, natural gas, oil, or propane heating systems.
8.3.c. Smoke detectors and carbon monoxide detectors shall have working batteries installed at all times.
8.3.d. Detectors shall be checked frequently, and batteries replaced semi-annually to insure proper functioning.
8.3.e. An ABC-rated multi-purpose fire extinguisher shall be available in the home at all times.

W. Va. Code R. § 78-19-8