Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 100. Minimum Standards for Licensed Child Caring Institutions
8/6/2020

22VAC40-100-140. Buildings (Physical Facilities).

A. Fire regulations.

1. State fire regulations: Buildings which fall within the definition of a public building under Virginia Fire Safety Regulations (13VAC5-40-10 et seq.) shall be approved by the State Fire Marshal's office prior to the effective date of licensure. The building shall, at all times, maintain the standards established under the Virginia State Fire Safety Regulations (13VAC5-40-10 et seq.). Licensure is contingent upon continued approval by the Office of the State Fire Marshal.

2. Local fire regulations: All buildings shall be approved by local fire authorities where responsibility for such approval is defined at the time of application and annually thereafter.

3. Fire plan: A fire plan shall be worked out for each home. Wherever possible, this plan should be drawn up with the advice of the nearest local fire department or the local fire prevention bureau. The administrator and all employees shall be fully informed of the fire plan for the institution, including their duties, location and operation of fire extinguishers, fire alarm boxes, and telephone procedure in calling the fire department.

4. Fire drills: Drills for evacuation in case of fire shall be held not less than quarterly.

B. Health inspection: Buildings shall be subject to annual inspections and ratings by such health authorities who are required to inspect and enforce health and sanitary regulations. The health inspection shall include a report on the following:

1. General cleanliness and freedom from rubbish and vermin;

2. Facilities for preparation, refrigeration, and preservation of food;

3. Facilities for sewage disposal;

4. Provision for garbage disposal;

5. Equipment for sterilizing and washing dishes and cooking utensils;

6. Laundry equipment;

7. Water supply, drinking fountains, etc.;

8. Milk supply and handling;

9. When the institution has its own dairy, the herd must be tested for tuberculosis and Bangs disease by the Virginia Department of Agriculture and Consumer Services, Division of Veterinary and Laboratory Services at appropriate intervals.

C. Sleeping accommodations.

1. The environment of sleeping rooms shall be conducive to sleep and rest.

2. Provisions shall be made for an individual bed or crib for each child and for at least 500 cubic feet of air space per child or 700 cubic feet of air space in a room designed for only one child.

3. There shall be enough space in the room for beds to be at least three feet apart at the head, foot, and sides and four feet apart for double-decker beds.

D. Bath and toilet facilities.

1. Appropriate bathing and toilet facilities shall be provided in accordance with the ages and sexes of the children in care.

2. There shall be at least one shower or tub and one toilet and washbowl for every eight children; but in all instances there shall be at least one toilet and one tub in each children's living unit. (The tub may be in houseparents' quarters for use in case of medical treatment.) A plentiful supply of hot and cold water shall be available for bathing. Showers and tubs shall have mixing faucets.

3. Individual towels and washcloths shall be provided at least twice a week.

4. *Facilities constructed after the effective date of this chapter shall have a lavatory (with mirror) provided for every four children. Each child shall have a place to keep his individually identifiable toothbrush.

5. *Facilities constructed after the effective date of this chapter shall have one toilet for every four children with regard for the privacy of each child.

E. Indoor recreation space: A family oriented (or living) room shall be provided in each living unit housing children. Its furnishings shall be in keeping with its function as the center of indoor recreation. Other space and equipment shall be provided for times when it is necessary for all the children to play indoors. Equipment shall be suited to the age and interest levels of the children.

F. Laundry and sewing: If laundry and sewing are done on location, such space shall be provided and conveniently located and have adequate equipment. Equipment shall be in good repair and have protective safety devices. All electrical equipment shall meet the National Electric Code and be approved by Underwriters Laboratory.

G. Heating system: Heating facilities shall conform to the recommendations of competent mechanical engineers. All heating systems shall be installed with safety devices to prevent fires, explosions, and other hazards including covered radiators where young children are being cared for. Systems shall also meet local building codes. All parts of the living units used by the children shall be adequately heated. The heat shall be evenly distributed at a temperature of between 68°F and 72°F to be maintained in all the rooms the children occupy at any time.

H. Lighting: Proper lighting shall be provided and comply with the local fire and electrical wiring regulations. Emergency lighting facilities shall be provided and available at all times. Outside lighting shall be provided for protection against injuries and intruders.

I. Medical provisions.

1. *Institutions with a licensed capacity of over 50 children and which do not have easy access to a hospital, shall provide facilities for segregation of children suffering from contagious or communicable diseases.

2. First aid supplies shall be readily available when needed. All first aid supplies shall be stored in a locked cabinet not accessible to children.

3. No medical treatment program or system of medications shall be started or continued without a written order signed by a licensed physician.

4. Drugs shall be obtained only upon individual prescription of a licensed physician and obtained from a licensed pharmacist. Such drugs shall be securely locked and accessible only to a responsible person in charge. A record shall be kept of all medications administered to each child.

*Asterisks (*) denote standards which do not apply to group homes.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-24-01 §IVC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.