W. Va. Code R. § 95-3-25

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 95-3-25 - Physical Plant
25.1. General. All new facilities housing four or more occupants shall be designed, constructed, maintained and operated in accordance with the standards and requirements set out and established by the State Fire Code, and the State Building Code.
25.2. Standards and Regulations. All existing facilities housing four or more occupants shall comply with the Standards and regulations set forth for existing facilities in the State Fire Code.
25.3. State Fire Marshal Review. Plans and specifications for all new facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
25.4. State Fire Marshal Certificate. No facility may be occupied until a certificate of occupancy is issued by the State Fire Marshal's Office.
25.5. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
25.6. Inmate Booking and Release Area. If an inmate booking and release area is provided, it shall be located inside the security perimeter, but outside any inmate living quarters, and have the following facilities:
25.6.a. Booking area;
25.6.b. Access to drinking water;
25.6.c. Shower facilities;
25.6.d. Secure storage for inmate's personal property;
25.6.e. Telephone facilities;
25.6.f. Private interview space(s);
25.6.g. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and
25.6.h. Operate toilets and wash basins.
25.7. Single Occupancy. Only one inmate shall occupy a holding cell or detention room designed for single occupancy.
25.8. Environment. All inmates kept in a holding room or cell shall have access to the following facilities and/or conditions:
25.8.a. Toilet above floor level;
25.8.b. Wash basin and drinking water;
25.8.c. Hot and cold running water;
25.8.d. A chair or stool;
25.8.e. Adequate lighting;
25.8.f. Adequate air circulation of outside or recirculated air;
25.8.g. Temperatures that are appropriate to the summer and winter comfort zones; and
25.8.h. Noise levels do not exceed 70 decibels.
25.9. Multiple Occupancy. Where used, multiple occupancy rooms shall provide for:
25.9.a. Continuing observation by staff;
25.9.b. Toilet and shower facilities at a minimum of one operable toilet and shower for every eight occupants;
25.9.c. One operable wash basin with hot and cold running water for every six occupants;
25.9.d. One chair or stool per inmate;
25.9.e. Adequate lighting;
25.9.f. Adequate air circulation;
25.9.g. Temperatures that are appropriate to the summer and winter comfort zones; and
25.9.h. Noise levels that do not exceed 70 decibels.
25.10. Communication. Any room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
25.11. Continuing Staff Observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, they shall be placed in a single occupancy room which provides for continuing staff observation.
25.12. Holding Quarters. When both males and females are held in the same facility, they shall be provided separate quarters.
25.13. Perimeter Security. The facility perimeter shall be secured in a way which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
25.14. Storage Security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
25.15. Storage of Personal Property. Space shall be provided for the secure storage of inmates' personal property.
25.16. Handicapped Inmates. Handicapped inmates shall be housed in a manner which provides for their safety and security, and have access to any activity areas.
25.17. Handicapped Visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by handicapped persons.

W. Va. Code R. § 95-3-25