Chapter 10: FACILITY SAFETY

1010    SAFETY AND CLEANLINESS OF BUILDINGS

• 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.

1010 SAFETY AND CLEANLINESS OF BUILDINGS 1010.01 All schools must be maintained in a safe condition. Scheduled inspections by properly trained and/or licensed staff will ensure 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 ensured 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.

1.1. Scope. -- This legislative rule establishes procedures to provide for integrated pest management programs in schools, child care centers and family child care facilities.

10.1. Schools, child care centers and family child care facilities covered by this rule shall keep for a period of two years all documents required to be in the Integrated Pest Management Files as detailed in Subsection 4.6 and Subsection 5.5, respectively, of this rule. 10.2. The records required for the Integrated Pest Management of schools, and child care centers and family child care facilities shall be made available upon request to the commissioner to verify the maintenance of the integrated pest management program. 10.3. Pesticide application records as required in Subdivision 4.6.f. and Subdivision 5.5.f. of this rule shall contain all of the information required in Section 7 West Virginia Department of Agriculture Rule, Licensing of Pesticide Businesses, 61CSR12B.

11.1. The commissioner shall make available to all schools, child care centers and family child care facilities a copy of the integrated pest management materials titled “Integrated Pest Management in School and other Public Institutions, Best Management Practices” and “Integrated Pest Management in Schools and Other Public Institutions, A Guide for Commercial Applicators”. 11.2. All pesticide applications made to schools, child care centers and family child care facilities shall be made in accordance with this rule and the integrated pest management programs on file with the commissioner after September 1, 1996.

2.6. “Least hazardous materials” means the use of pest control practices and methods, including the use of chemicals in a manner to cause the least practical exposure to the occupants of a structure. The “least hazardous materials” takes into account the method of application, toxicity of the product and the exposure to the occupants to the practice or methods employed to control pests, such as the use of a non-volatile material formulation and/or application method as opposed to a broadcast application that creates potential for exposure. 2.7. “Material safety data sheet” means a fact sheet that is designed for distribution to chemical manufacturing plant workers and refers to the toxicity of the concentrate of a pesticide product. In the case of ready-to-use products, “material safety data sheets” may be the same as “consumer information sheets.” 2.8. “Pesticide” means, for the purposes of this rule, the use of insecticides and herbicides that are applied into or around a building and the adjacent grounds used by a school, child care center or family child care facility.

3.1. Integrated Pest Management is a system of controlling pests in which pests are identified, action thresholds are considered, all possible control options are evaluated and selected controls are implemented. Control options, which include biological, chemical, cultural, manual, and mechanical methods, are used to prevent or remedy unacceptable pest activity or damage. Choice of control options is based on effectiveness, environmental impact, site characteristics, worker/public health and safety, and economics. The goal of an integrated pest management system is to manage pests and the environment to balance benefits of control, costs, public health and environmental quality. Integrated pest management takes into account site-specific factors and takes advantage of all pest management options. 3.2. Schools, child care centers and family child care facilities or contracted pesticide application businesses covered by this rule shall not apply pesticides unless monitoring as specified in Section 6 of this rule indicates pests are present.

• 4.1. All schools covered by this rule shall develop and maintain an integrated pest management program. The best management practices contained in "Integrated Pest Management in Schools and Other Public Institutions, Best Management Practices," published by the West Virginia Department of Agriculture may be used in the development of the program.
• 4.2. At a minimum, the integrated pest management program for a school shall contain:
• 4.2.1. a policy statement;
• 4.2.2. pest management objectives;
• 4.2.3. education of the building occupants in integrated pest management practices;
• 4.2.4. inspection activities;
• 4.2.5. monitoring activities;
• 4.2.6. an evaluation of the integrated pest management strategies in practice; and
• 4.2.7. action thresholds for common pests.

6.1. Monitoring Program. 6.1.a. Each school, child care center or family child care facility shall have a monitoring program. The monitoring program shall include inspecting areas of the facility for pest evidence, entry points, food, water and harborage sites, and estimating pest population levels. Each school, child care center or family child care facility shall evaluate the information gained through monitoring to determine whether the action threshold has been exceeded and what can be done in the way of prevention. 6.1.b. Each school, child care center or family child care facility shall conduct a monitoring program in suspect areas of their facility on an ongoing basis. Sticky traps designed for cockroaches and other crawling insects shall be placed along wall/floor junctions, on vertical surfaces, behind appliances, in closets, cabinets and shelves, and in other areas where insects have been seen. 6.1.c. Components of the monitoring program shall include: 6.1.c.1. A floorplan of the school, child care center or family child care facility showing the number and accurate location of each trap; 6.1.c.2. Periodic inspection of each trap at no greater than monthly intervals year round with the following information recorded on a Pest Surveillance Data Sheet: 6.1.c.2.A. The trap number and its location; 6.1.c.2.B. The date checked; 6.1.c.2.C. The trap's condition (either OK or replaced); 6.1.c.2.D. The numbers and kinds of insects, arthropods, rodents or other pests trapped; 6.1.c.2.E. Pest damage or other evidence of pests such as feces, cast skins, or rub marks; 6.1.c.2.F. Any need for pest management; and 6.1.c.2.G. The name of the person performing the monitoring activity; 6.1.c.3. Removal and disposal of the trap after catch numbers are recorded and identification is confirmed, to prevent counting specimens more than one time and to prevent their use as food by other insects or rodents; and 6.1.c.4. Replacement of the traps when the adhesive is no longer tacky. 6.2. When monitoring indicates the level of pest infestation meets or exceeds the threshold levels established for the school, child care center or family child care facility and pest type, the progressive levels of pest control techniques and chemical applications as outlined in Section 7 of this rule shall be followed in controlling the pest population. If monitoring indicates that pest populations do not meet or exceed threshold levels, no pesticides shall be applied.

7.1. In an integrated pest management program, persons responsible for pest management shall evaluate all possible control options. Control options range from non-chemical methods to least hazardous pesticides to pesticides with a higher degree of risk to human health. In keeping with the legislative mandate for integrated pest management, the licensed pesticide applicator shall, after monitoring for pest infestations, proceed in controlling pests using the least hazardous method that is both practical and effective as outlined in this section. 7.1.a. Level 1 -- Non-chemical Control Methods. 7.1.a.1. Pest-preventive measures should be incorporated into existing structures. These preventive measures reduce the need for pesticide applications, and include sanitation, such structural repairs as sealing cracks, and such physical and mechanical controls as screens, traps, and air doors. A school, child care center or family child care facility shall consult the West Virginia Department of Agriculture's best management practices document "Integrated Pest Management in Schools and Other Public Institutions, Best Management Practices" for integrated pest management strategies for specific sites. Every facility will experience slightly different combinations of pests.

8.1. If a licensed pesticide application business is contracted to make a Level 3 or Level 4 pesticide application, the licensee shall provide notification to the school or child care administrator 48 hours in advance of the application. 8.2. Employees of Schools, Child Care Centers or Family Child Care Facilities. 8.2.a. All schools, child care centers or family child care facilities shall notify their employees through routine announcement or individual notice at least 24 hours in advance of all applications of pesticides in levels 3 and 4 as detailed in Section 7 of this rule, including applications made after school hours, on a weekend or during a holiday break. 8.3. Parents or Legal Guardians of Students of Schools. 8.3.a. At the beginning of each school year, or at the time a student is enrolled into the school, school administrators shall notify the parents or legal guardians of the right to be informed of the application of level 3 or 4 pesticides as detailed in Section 7 of this rule. 8.3.b. The notification to the parents or legal guardians shall contain a registration form, whereby the parent or legal guardian can request to be notified by the school administrator of the application of level 3 or 4 pesticides. 8.3.c. The administrator of the school shall provide notification to the parent or legal guardian requesting notification at least 24 hours in advance of all applications of level 3 or 4 pesticides, including applications made after school hours, over a weekend or during a holiday break. 8.3. Parents or Legal Guardians of Children in Child Care Centers or Family Child Care Facilities. 8.3.a. At the time a child care center or family child care facility operator signs a contract or other agreement for the care of a child, the operator shall notify the parent or legal guardian of the right to be informed of the application of a level 3 or 4 pesticide as detailed in Section 7 of this rule. 8.3.b. The child care center or family child care facility operator shall post and make available to the parent or legal guardian, notification of all applications of level 3 or 4 pesticides at least 24 hours in advance of any pesticide application, including applications made after hours, over a weekend or during a holiday break. The notification shall be placed at the register where the parent or legal guardian signs the child into and out of the child care center or family child care facility.

9.1. Level 3 and Level 4 pesticide applications shall not be made in the presence of students, children in child care centers or children in family child care facilities or employees of schools, child care centers or family child care facilities, except for school, child care center or family child care facility employees who are certified pesticide applicators. Pesticides may be applied to a localized area of infestation when students, children or school, child care center or family child care facility employees are present if the infestation causes an imminent threat of bodily harm. 9.2. All pest control methods or practices shall be conducted in conformance to the Use of the Least Hazardous Materials as outlined in Section 7 of this rule. 9.3. All pesticide applications made to schools, child care centers or family child care facilities shall be applied in accordance with the integrated pest management plan filed with the Commissioner. 9.5.c. After September 1, 1996, the commissioner shall require all certified pesticide applicators applying pesticides or supervising the application of pesticides in a school, child care center or family child care facility, or persons providing services as a consultant to schools, child care centers and family child care facilities to be examined and certified in the sub categories of General Pest Control and Urban Integrated Pest Management as outlined in 61CSR12A Certified Pesticide Applicator Rules.

By the fifteenth day of August, one thousand nine hundred ninety-five, the board shall implement the integrated pest management program promulgated under rules by the Department of Agriculture under authority of section four [§ 19-16A-4], article sixteen-a, chapter nineteen of this code.