West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-21 - Child Care Centers › Section 64-21-3 - Permits, Hearings, Notices, Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Construction and Modification.
3.1.a. Except for minor repairs, no person
				shall construct a building or structure to be used as a child care center, or
				extend, alter or modify any structure used or to be used as a child care center
				without first making written application to the division of health and
				receiving a permit for the child care center. A person shall not begin
				construction, extension, alteration, or modifications until the division has
				issued a permit for the construction.
3.1.b. The division shall not issue a permit
				for the construction, extension, alteration, or modification of a child care
				center until it receives an application for a construction permit and detailed
				plans and specifications of the child care center for review and
				approval.
3.1.c. The applicant
				shall submit a written permit application on a form prescribed by the division.
				The form shall be signed by the applicant or his or her authorized agent and
				shall contain all information requested by the division to enable it to
				determine if the child care center construction, extension, alteration, or
				modification is or will be in compliance with the applicable provisions of this
				rule.
3.1.d. When upon review of
				the plans, specifications, and application for a permit, the division of health
				is satisfied that the proposed construction, extension, alteration, or
				modification of the child care center is satisfactory, it shall issue a permit.
				If the construction, extension, alteration, or modification activities have not
				begun within six (6) months from the date of issuance of a permit, the permit
				automatically expires.
3.1.e. The
				application, plans, and specifications shall include, but not be limited to: a
				plot layout; floor plans; building specifications; type of material used; a
				list of food service equipment; the type of potable and waste water treatment
				systems; and the type of heating and ventilation systems.
3.1.f. The applicant shall submit plans,
				specifications, and an application for a permit at least forty-five (45) days
				prior to the date that construction, extension, alteration, or modification is
				to begin.
3.1.g. The division of
				health shall deny permission to construct, extend, alter, or modify the
				building or structure, if the information on the application, plans,
				specifications or supporting documentation is incomplete, inaccurate, false or
				misleading, or indicates that the applicable provisions of this rule cannot be
				met.
3.1.h. The child care center
				shall only be constructed, extended, altered or modified in accordance with the
				plans and specifications approved by the division of health. Prior to
				implementing a deviation from the approved plans and specifications, the
				applicant shall obtain written approval from the division.