W. Va. Code R. § 78-19-9

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 78-19-9 - Environmental Safety
9.1. Tobacco Use.
9.1.a. A caregiver shall notify parents in advance if anyone in the home smokes or uses smokeless tobacco.
9.1.b. A caregiver shall provide a smoke-free environment while children are present.
9.1.c. Smoking is prohibited when the children are in vehicles with the caregiver.
9.1.d. All tobacco products, ashtrays, butts, ashes, spittoons, lighters, and matches shall be kept out of the children's reach.
9.2. Pets and Animals.
9.2.a. A family child care home shall:
9.2.1.a. When pets are living in the home, an acknowledgement must be signed and dated by a parent of all children in care verifying that the following information was made available: the date the pet is brought into the home, the type of pet, breed of pet, spay/neuter status, and vaccination status. The caregiver must notify parents two weeks prior to a new pet being brought into the home.
9.2.a.2. Keep documentation available on site of rabies vaccinations for all cats and dogs kept on the premises;
9.2.a.3. Confine animals that are sick, aggressive, or injured in an area not accessible to the children;
9.2.a.4. Keep litter boxes out of areas used by children and away from food preparation areas; and
9.2.a.5. Keep pets such as birds, ferrets, reptiles, or wild animals in an area of the home or the premises that is not accessible to children.
9.2.b. If an animal bites a child and the skin is broken, the caregiver shall notify the parents immediately and notify the department within 24 hours.
9.3. Play Areas.
9.3.a. A family child care home shall provide for outdoor play space within reasonable walking or driving distance from the home.
9.3.b. Play areas shall be free from unsanitary or hazardous items, trash receptacles, burning facilities, abandoned cars, appliances, farm animals, animal waste, debris, combustible rubbish, unsafe toys, open sewage, chemicals, exposed roots, open or abandoned wells, tires, vehicular traffic, and any other hazardous items or conditions.
9.3.c. Outdoor play equipment shall be safe, in good repair, and free of sharp edges and protruding parts.
9.3.c.1. Anchored play equipment shall not be placed over, or immediately adjacent to, hard surfaces.
9.3.c.2. All outdoor activity areas shall be maintained in a clean and safe condition by removing debris, dilapidated structures, broken or worn play equipment, building supplies, glass, sharp rocks, toxic plants, and other injurious materials.
9.3.d. Trampolines shall not be accessible to the children in care.

W. Va. Code R. § 78-19-9