West Virginia - Building Construction and Maintenance: Program Requirement

Program Requirement
Policy Type: 

State law establishes comprehensive guidelines and accountability measures for school construction and building maintenance that include detailed provisions for addressing student health and safety.

West Virginia Administrative Code 126-172-3. Handbook on Planning School Facilities.



  • Each county shall develop a ten-year Comprehensive Educational Facilities Plan (CEFP) that addresses the requirements for new construction and major renovations where applicable as described in the following sections.  The CEFP not only encompasses new construction and renovations but also is used in the school closures, consolidation and reconfigurations as well as in developing levees and bond calls.  All aspects of this plan are to be reviewed and verified for accuracy by Local Education Agencies. (LEAs).  The CEFP shall be submitted to the West Virginia Department of Education (WVDE) and the School Building Authority of West Virginia (SBA) in the format described in this chapter.  This plan is to be updated annually only in the event changes are required, and rewritten every ten years thereafter beginning with the plan submitted in 1990.  Approval of the county CEFP must be granted by the West Virginia Board of Education (WVBE) and the SBA.  Subsequent substantial compliance with all laws and policies will be required when the CEFP contains closures and/or consolidations, regardless of the funding source.  

West Virginia Administrative Code 126-172-3. Handbook on Planning School Facilities.



  • 1010.01    All schools must be maintained in a safe condition.  Scheduled inspections by properly trained and/or licensed staff will insure that facilities are kept in a state as near to the original condition as possible at all times.  Facilities shall also be kept clean and sanitary at all times by scheduled cleaning of all sections of the buildings.  This shall be insured by regular inspections for compliance with scheduled cleaning and maintenance tasks.
  • 1010.02    Materials which, under normal use conditions, may release formaldehyde in excess of .1 parts per million or asbestos in accordance with 40 CFR Part 763 Asbestos Containing Materials in Schools (AHERA)  which contribute to levels of indoor air pollutants considered potentially harmful to human health, shall not be permitted in building design.  .  This includes that an Asbestos Management Plan (AMP) is developed and maintained for all school buildings owned or leased.  Asbestos Management Plans are even required for all newly constructed school buildings even if they are certified asbestos free in compliance with federal regulation.  All AMP are to be approved by the West Virginia Department of Health and Human Resources' Bureau for Public Health.   In addition, all field devices and equipment are to be mercury free, except for fluorescent lamps, which are to be in accordance with Section 1102.031D.
  • Exposure to lead, especially from paint products before 1978, may cause devastating health hazard to young children, resulting in long term health effects, i.e., learning disabilities, decreased growth, hyperactivity, impaired hearing, etc.  Therefore lead based paint in child occupied buildings constructed prior to 1978 should be monitored and maintained in a safe condition in compliance with state public health law and rule (16-35 and 64 CSR 45).  A child occupied building is defined as an area(s) where a child age 6 or younger is located for three (3) hours per day twice a week, i.e., child care centers, pre-kindergarten and kindergarten.  By policy child care centers in a facilities built prior to 1978 must have a lead risk assessment conducted prior to being licensed.  A risk assessment is a plan developed to address lead hazards located within a facility.
  • 1010.03    The Integrated Pest Management program, as per West Virginia Code shall be used for termite and rodent control.  Prior to pesticide use, staff and parents are to be notified if they have requested this notification.
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