(a) All child care providers, whether state or privately operated, shall obtain a license from the West Virginia Secretary of State and the Department of Health and Human Resources. Each facility shall also be inspected by the Building Inspector and Fire Marshal to ensure the safety of children and employees.
(b) A facility shall provide a minimum of thirty-five (35) square feet of usable space per child. Any rooms or areas that have not been approved for the use of children shall be inaccessible. No activity space may be created in the basement of a structure unless expressly approved by the Fire Marshal.
(c) A secured outdoor activity area must be provided by the facility allowing a minimum of seventy five (75) square feet of space per child. Should the minimum space not be available, a rotating outdoor activity schedule shall be established to meet the minimum requirements and ensure that each child be afforded outdoor playtime every day, weather permitting.
(d) The outdoor activity area noted above shall be fenced with a minimum six (6) foot high fence. All play equipment shall be located in the fenced area.
(e) Parks may be used to meet outdoor activity requirements if located immediately adjacent to the facility.
(f) In no instance shall vehicles picking up or dropping off children idle in the street right-of-way or otherwise block public traffic patterns.
(g) Child day care businesses operated from a residence shall be operated by a permanent resident. No changes to the exterior of residences may be made for a child day care business operated from a residence except changes necessary for safety improvements.
(Passed 8-28-18.)