W. Va. Code R. § 78-1-12

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-1-12 - Space Requirement
12.1. Licensed Capacity. A center shall ensure that at all times the maximum number of children participating in activities on or off the premises does not exceed the licensed capacity determined by the separately computed area of indoor space, outdoor space, and bathroom facilities, not to exceed the lowest number of the three computations. Personnel and group size may be factored into the maximum capacity for certain age groups.
12.2. Indoor Space.
12.2.a. A center shall provide a minimum of 35 square feet per child of usable indoor space that is approved by the Secretary for daily program activities. A center shall make the rooms and areas of the center that are not approved for a child's use inaccessible to the children.
12.2.b. Indoor space for daily program activities does not include any space that is not available for a child's activities including space occupied by columns, vestibules, and corridors; fire escapes; areas used exclusively for eating; areas used exclusively for napping; bathrooms; staff lounges; adult work areas including offices, laundry, and furnace rooms; kitchens; permanently equipped isolation areas; storage spaces, and areas occupied by furniture except for areas that have:
12.2.b.1. Children's chairs and tables;
12.2.b.2. Adult sized comfortable chairs or a couch;
12.2.b.3. Moveable play equipment and shelves for children's activities; or
12.2.b.4. A surface for changing diapers.
12.2.b.5. For centers that have a separate and distinct designated activity area for children under 12 months of age, cribs may be considered part of that useable indoor space, provided that no more than 30 percent of the useable space is occupied by cribs.
12.2.c. A center shall not provide activity space in a basement area unless the basement area is approved by the State Fire Marshal.
12.3. Outdoor Space.
12.3.a. A center shall provide an outdoor activity area that includes a minimum of 75 square feet of space per child, or if the outdoor activity area has less than that a center shall:
12.3.a.1. Establish an outdoor activity schedule for rotating groups of children to meet the minimum space requirement and to ensure that each child has an opportunity to play outdoors each day; and
12.3.a.2. Submit to the Secretary for his or her approval a copy of the current outdoor activity schedule and shall use the outdoor space only after receiving the Secretary's written approval that shall be displayed at the center for public view.
12.3.b. A center shall:
12.3.b.1. Provide an outdoor activity area that is on its premises or immediately adjacent to its premises; or
12.3.b.2. When neither of the options in paragraph 12.3.b.1. of this rule is possible, shall submit a plan for the Secretary's approval for alternate outdoor activity space to meet the children's outdoor activities requirement and shall use the outdoor space only after receiving the Secretary's written approval.
12.4. Bathrooms. The center shall provide one flush toilet and one lavatory per 15 children, excluding children in diapers who are not receiving toilet training.

W. Va. Code R. § 78-1-12