LIS

Administrative Code

Virginia Administrative Code
11/21/2024

Part IV. Buildings, Grounds, and Equipment

22VAC40-100-120. Location.

Child caring institutions and group homes shall be located so that they are reasonably accessible to schools, transportation, hospitals, clinics, psychiatric resources, churches, libraries, and recreational-cultural facilities.

Statutory Authority

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

Historical Notes

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

22VAC40-100-130. Buildings and building plans.

A. All existing facilities and plans for the construction, conversion, and modification of any facility shall be such as to reasonably protect the children to be served in the facility and shall include consideration of the following:

1. The number and age span of the children;

2. The location and housing of staff relative to the children;

3. The accessibility of other service facilities or components;

4. The mental or physical condition of the children to be served;

5. Compliance with all health and safety laws and regulations; and

6. The providing of an environment conducive to the proper development of the child.

B. Building plans and specifications for new construction, conversion of existing buildings, and any structural modifications or additions to existing licensed buildings shall be suitably aligned with the purpose of the institution, and plans shall be submitted to the following authorities:

1. Department of Social Services;

2. Office of the State Fire Marshal (only for structures with occupancy of 10; or more persons except in the cities of Richmond and Norfolk for structures with an occupancy of 20 or more persons);

3. Local zoning or building departments, or both

4. Local fire departments; and

5. Local health departments.

Statutory Authority

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

Historical Notes

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

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.

22VAC40-100-150. Staff quarters.

For facilities initially licensed after January, 1973, each living unit shall have at least one room with beds and private bath reserved for use of staff when on duty and sleeping in. If full-time staff reside in the children's living unit, they must be provided with a living room, bedroom, and bath.

EXCEPTION: When there are no more than four persons, including staff and family of staff, residing in or on duty in the living unit, or both, a private living room and a private bath are not required for staff.

Statutory Authority

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

Historical Notes

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

22VAC40-100-160. Equipment.

A. All furnishings shall be attractive, safe, easy to clean, and suited to the ages and number of children in care.

B. There shall be at least one private telephone line into each child caring institution and a telephone shall be located in every children's living unit. There shall be someone available to answer the phone at all times.

C. All playground equipment shall be safe, clean, and durable and selected for suitability to the age and stage of development of the children under care.

D. Swimming pools shall be enclosed with safety fences and shall conform to local health and safety regulations.

E. The institution shall provide vehicles for the transportation of children and staff in their work with the children. Such vehicles shall include all safety devices required by law.

Statutory Authority

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

Historical Notes

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

22VAC40-100-170. Grounds and outdoor recreation space.

The grounds shall be spacious enough to accommodate a variety of play areas that take into consideration age and interest levels of the children. Community recreational resources, if suitable, shall be utilized as much as possible. Grounds shall be suitably landscaped.

Statutory Authority

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

Historical Notes

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

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