W. Va. Code R. § 64-21-6

Current through Register Vol. XLI, No. 35, August 30, 2024
Section 64-21-6 - Activity Areas and Equipment
6.1. All activity equipment shall be free of safety hazards, shall be of smooth construction and, where applicable, easily cleanable. Activity equipment shall include, but not be limited to: toys, furnishings, tables, chairs, cots and similar equipment.
6.2. Usable outdoor play space of seventy-five (75) square feet per child shall be provided on the premises or within walking distance of the facility. Play times may be staggered, and space may be based on the number of children using the area at one (1) time.
6.2.a. Outdoor play spaces shall be well-drained and free of litter, solid waste and refuse, ditches, abandoned cars, used appliances, animal feces, toxic plants, or other conditions presenting a hazard.
6.2.b. Outdoor play spaces provided by day care centers shall be fenced or have natural barriers such as hedges or stationary walls at least three (3) feet high.
6.2.c. In family day care facilities, all areas accessible to the outdoor play area which are unsafe for children shall be fenced off or have natural barriers at least three (3) feet high to protect children. Unsafe areas may include, but are not limited to: steep grades; cliffs; open pits; swimming pools; high voltage boosters; propane gas tanks; streets; roads; driveways; railroad tracks; and parking lots.
6.2.d. Outdoor equipment used for climbing and similar play activities shall be installed to prevent tipping or collapse. Swings, slides, and climbing equipment shall not be placed over or immediately adjacent to concrete, asphalt, brick, or similar hard surfaces.
6.3. Sandboxes shall be covered when not in use.
6.4. Wading pools are prohibited unless they are an integral part of a swimming pool which complies with the division of health rule, Swimming Pool and Bathing Beach, 64 CSR 16.

W. Va. Code R. § 64-21-6