W. Va. Code R. § 191-2-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 191-2-4 - Health and Safety Licensing Standards for Domestic Violence and Culturally Specific Shelters

In addition to complying with the domestic violence program standards in sections 3 and 6 of this rule, domestic violence shelters shall comply with the following standards.

4.1. A shelter shall have written policies that prohibit the possession and use of weapons, except in the case of law enforcement officers who are on the premises acting in their official capacity, violence, and alcohol or illegal drug use within the shelter. A copy of the policies shall be supplied to and signed by residents to acknowledge their agreement to adhere to the policies.

4.2. A shelter shall meet the applicable federal, state and local fire, health, and safety standards, including, but not limited to:

4.2.a. Smoke detectors on each floor, including in the sleeping areas, the kitchen and the furnace areas;

4.2.b. A window or access to a fire escape from the sleeping areas;

4.2.c. At least one fire extinguisher on each floor of the shelter and one located in the kitchen area;

4.2.d. Clear exits for escape in case of fire;

4.2.e. No lead paint;

4.2.f. Dead bolts used on shelter doors that are not double-keyed; it must be possible to release dead bolts from the inside without a key to allow for escape in case of fire;

4.2.g. Separate storage, out of the reach of children, of flammable, poisonous and caustic materials located in the shelter;

4.2.h. Childproof covers in electrical outlets not in use;

4.2.i. Nutritional meals, food storage, cooking facilities, refrigeration, utensils, and equipment;

4.2.j. Dining areas that are clean and well ventilated;

4.2.k. Bathing, lavatory, and toilet facilities available on the premises that allow for individual privacy. These facilities shall be maintained in good operating condition and must be cleaned on a regular basis;

4.2.l. Sleeping beds available for each resident; cribs or playpens shall be available for infants and toddlers;

4.2.m. Resources for each resident to store medications in a manner that is inaccessible to other residents;

4.2.n. Resident access to electronic communication devices and internet; and

4.2.o. Securable external entrances or exits, including doors, windows, and skylights.

4.3. A shelter shall post in a conspicuous and accessible place current certificates indicating the facility is in compliance with all state and local fire and health requirements.

4.4. A shelter shall provide a clean and comfortable environment for residents. A shelter shall provide sufficient warmth during the cold months and ventilation during the warm months. Heaters and fireplaces with open flames shall not be used. Doors and windows that are open in warm weather shall have insect screening in good repair, with safety latches.

4.5. A shelter shall have supplies for personal hygiene available for all residents.

4.6. A shelter shall provide a safe play space for children. Any playground equipment shall be located, installed, and maintained in a safe manner.

4.7. A shelter shall provide a space that is distinct from the living area to serve as an administrative office and a private counseling office.

4.8. A shelter shall ensure that all structures and grounds of the facility are maintained in good repair and are reasonably free from foreseeable danger to health and safety.

4.9. A shelter shall provide non-combustible covered containers when garbage and rubbish is stored outside. Garbage shall be removed at least weekly.

4.10. A shelter shall have a written policy for obtaining alternative lodging, including hotels, to house victims or survivors when the residential facility is not appropriate or available, filled to capacity, or to meet individualized needs.

4.11. A shelter shall be staffed 24-hours per day by a trained staff person or trained volunteer when a resident is in the facility.

4.12. A domestic violence program shall carry fire and liability insurance covering any individuals in its residential facility. In addition, the program shall have insurance that covers liability to third parties or individuals in residence arising from the use of any vehicle, whether owned by the facility, or used by any of the program's staff or agents on program business.

4.13. Residence in a shelter does not create a landlord/tenant relationship. The domestic violence program shall develop a policy for exiting residents and for providing follow up services for those who exit.

W. Va. Code R. § 191-2-4