CHAPTER 44:02:05
SPECIALTY RESORTS
Section
44:02:05:01 Definitions.
44:02:05:02 Employee health and disease control.
44:02:05:03 Employee cleanliness.
44:02:05:04 Water supply.
44:02:05:05 Ice.
44:02:05:06 Guest room toilet and bathing facilities.
44:02:05:07 Garbage and rubbish storage and disposal.
44:02:05:08 Vermin control.
44:02:05:09 Lighting.
44:02:05:10 Ventilation.
44:02:05:11 Heating equipment.
44:02:05:12 Bedding and linen.
44:02:05:13 Housekeeping -- Maintenance of premises.
44:02:05:14 Hazardous condition.
44:02:05:15 Water recreation facilities.
44:02:05:16 Food supplies.
44:02:05:17 Potentially hazardous foods.
44:02:05:18 Thawing potentially hazardous foods.
44:02:05:19 Food protection.
44:02:05:20 Manual cleaning and sanitizing.
44:02:05:21 Mechanical cleaning and sanitizing.
44:02:05:22 Hand washing.
44:02:05:23 Pets.
44:02:05:24 Repealed.
44:02:05:25 Cleanliness and storage of utensils.
44:02:05:26 Single-service items.
44:02:05:27 Egress windows.
44:02:05:28 Egress window wells.
44:02:05:29 Egress window exception.
44:02:05:01. Definitions. Words defined in SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:
(1) "Approved," acceptable to the Department of Health based on compliance with applicable standards and public health practices;
(2) "Communicable disease," as defined in § 44:20:01:01;
(3) "Community water system," a system that is regulated by the Department of Agriculture and Natural Resources that meets the definition requirements set forth in § 74:04:12:01;
(4) "Designated agent," a municipal, county, or district health department that has been organized under SDCL chapter 34-3 and SDCL 9-32-1 and has been designated as an agent of the secretary as provided in SDCL 34-18-7;
(5) "Egress window," a window of sufficient size to meet the requirements of § 44:02:05:27 so that an occupant of a guest room can escape through the window in an emergency;
(6) "EPA-certified laboratory," a laboratory that meets the requirements outlined in chapter 74:04:07;
(7) "Guest," an occupant of a rental unit of a lodging establishment;
(8) "Guest room," any room used or intended to be used by a guest for sleeping purposes;
(9) "Health hazard," a chemical agent, source of filth, cause of sickness, or condition which is a health threat to others or a threat to the public health;
(10) "Inspection," an objective examination of a lodging establishment by the department to review the employee practices, sanitary conditions, and health standards in accordance with SDCL chapter 34-18 and this chapter;
(11) "Nontransient noncommunity public water system," a system that is regulated by the Department of Agriculture and Natural Resources that meets the definition requirements set forth in § 74:04:12:01;
(12) "Operator," any person or organization designated in charge of the day to day operations of a lodging establishment, campground, or food service establishment as defined in SDCL 34-18-1;
(13) "Potentially hazardous food," a food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, whipped butter, or whipped margarine, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less;
(14) "Primary exit," an exit with a side hinge door leading to the exterior of the structure that is most often used when entering or exiting the structure;
(15) "Private water system," a water system that serves a campground, food service establishment, or lodging establishment that is not a public water system regulated by the Department of Agriculture and Natural Resources;
(16) "Public water system," a system that is regulated by the Department of Agriculture and Natural Resources that meets the definition requirements set forth in § 74:04:12:01;
(17) "Single action hardware," a latching mechanism that allows a door to unlock and open with a single turn or movement of the interior knob or lever. This includes door knobs, lever handles, and panic bars;
(18) "Specialty resort," any bed and breakfast establishment except a bed and breakfast establishment as defined in § 44:02:06:01, lodge, dude ranch, resort, building, or buildings used to provide accommodations or recreation for a charge to the public, with no more than ten rental units for up to an average of twenty guests per night and in which meals are provided to only the guests staying at the specialty resort;
(19) "Transient noncommunity water system," a system that is regulated by the Department of Agriculture and Natural Resources that meets the definition requirements set forth in § 74:04:12:01.
Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31, effective August 18, 2009; 36 SDR 96, effective December 8, 2009; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34-1-17, 34-18-22.
Law Implemented: SDCL 34-18-22, 34-18-22.1, 34-18-22.2, 34-18-24.
44:02:05:02. Employee health and disease control. A person while affected with any disease in a communicable form, while a carrier of such a disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection may not work in any area of a specialty resort in any capacity in which there is a likelihood of the person contaminating equipment with pathogenic organisms or transmitting disease to other individuals. If the owner or operator of the establishment has knowledge of any employee who has contracted a communicable disease as listed in §§ 44:20:01:03 and 44:20:01:04 or has become a carrier of such a disease, the owner or operator shall notify the department immediately.
Source: 23 SDR 75, effective November 19, 1996.
44:02:05:03. Employee cleanliness. Employees must wear clean outer garments and maintain personal cleanliness while on duty. They must wash their hands thoroughly before starting work and as often as necessary to remove soil and contamination. Employees may not resume work after visiting the toilet room without first washing their hands.
Source: 23 SDR 75, effective November 19, 1996.
44:02:05:04. Water supply. The owner shall provide an accessible, adequate, and safe supply of water to each lodging facility. If a public water system of the quantity, quality, and pressure approved by the Department of Agriculture and Natural Resources is available, the owner shall provide that a connection is made to the system and the system's water supply is used exclusively. The owner of a private water system shall submit water samples quarterly to an EPA-certified laboratory for bacteriological analysis while the specialty resort is in operation. The owner shall submit a nitrate test of the water supply system yearly. The owner of a private water system shall report any unsafe water sample to the department within three days. If an unsafe drinking water sample is reported, the facility shall provide two consecutive safe water samples prior to allowing the public to use the private water supply. The water supply shall be of sufficient quantity to meet the maximum daily demand.
Source: 23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36 SDR 31, effective August 18, 2009; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34-1-17, 34-18-22.
Law Implemented: SDCL 34-18-22, 34-18-24.
Cross-Reference: Water hygiene, art 74.04.
44:02:05:05. Ice. Ice must be manufactured, stored,
transported, and handled in a sanitary manner. Processes and controls must be
designed and monitored to ensure that neither the product nor the product area
is subject to contamination. Ice must be dispensed with scoops, tongs, or other
ice-dispensing utensils or through automatic self-service ice-dispensing
equipment. Ice-dispensing utensils must be stored on a clean surface or in the
ice with the dispensing handle extending out of the ice. Scooping of ice with a
cup, glass, or similar container is prohibited. Ice storage bins must be
drained through an air gap. Automatic self-service ice-dispensing equipment
must be used when accessible to the public. Bagged ice from an approved source
is acceptable.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
Cross-References:
Food Service Code, ch 44:02:07.
State Plumbing Code, art 20:54.
Water hygiene, art
74:04.
44:02:05:06. Guest room toilet and bathing facilities.
Each specialty resort shall provide toilet, lavatory, and bathing facilities.
In establishments providing toilet, lavatory, and bathing facilities shared by
more than one guest room, the facilities must be provided in the ratio of one
water closet, lavatory, and shower or bathtub or bathtub and shower combination
for every ten guests. To determine the number of guests, a one bed unit is
designated for two people, and a two bed unit is designated for four people.
Soap, toilet tissue, and clean washcloths and towels must be provided for each
guest or guest room. All facilities must be provided with hot and cold running
water under pressure to each lavatory, shower, bathtub, and bathtub and shower
combination. The hot water must be at a minimum of 110 degrees Fahrenheit and
at a maximum temperature of 120 degrees Fahrenheit at the tap. Each shower,
bathtub, and bathtub and shower combination shall be provided with individual
control valves of the pressure balance, thermostatic, or combination pressure
balance and thermostatic mixing valve type that provide scald and thermal shock
protection. Bathing or shower facilities must have a nonslip floor surface,
such as a manufactured nonslip bathtub or shower unit, a rubberized throw mat,
or adhesive-backed nonslip strips. All toilets, lavatories, and bathing
fixtures must be kept clean, sanitary, and in good repair. Restroom fixtures
must be cleaned and sanitized between guest stays.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
Cross-Reference:
State Plumbing Code, art 20:54.
44:02:05:07. Garbage and rubbish storage and disposal. Guest rooms must be provided with waste collection containers that are either lined with plastic bags or cleaned and sanitized between guests. All stored garbage and rubbish must be kept in leakproof, nonabsorbent containers which are kept covered with tight-fitting lids when filled, stored, or not in continuous use. Accessibility by insects, rodents, and other animals must be minimized. Disposal must be done at least twice weekly or as frequently as needed by volume or conditions. If an establishment collects and transports its own refuse, the refuse must be in covered leakproof nonabsorbent vehicles or containers. Disposal of garbage and rubbish may not create a health hazard.
Source: 23 SDR 75, effective November 19, 1996.
44:02:05:08. Vermin control. A specialty resort must be
constructed, equipped, and maintained to prevent the entrance, harborage, or
breeding of flies, roaches, rats, mice, and all other insects and vermin.
Specific means necessary for the elimination of such pests, such as cleaning,
renovation, or fumigation, must be used. The department may require the
facility to hire a professional exterminator to exterminate pests under the
following conditions:
(1) The infestation is so
extensive that it is unlikely a nonprofessional can eradicate the pests
effectively;
(2) The chosen method of
extermination can only be carried out by a licensed professional exterminator;
or
(3) The department finds
evidence that an infestation is still present and the establishment has not
taken proper steps to eliminate the vermin problem.
Regularly scheduled professional
extermination services shall be required following the determination of an
excessive pest infestation by the department.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
44:02:05:09. Lighting. All rooms and areas used by guests
and all other rooms or spaces in which lighting is essential to the efficiency
and safety of the business operation must be well lighted. A minimum of 10 foot
candles of nonglare light must be provided on all surfaces. Those areas used
for reading, shaving, or application of cosmetics must be provided with a
minimum of 30 foot candles of light.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
44:02:05:10. Ventilation.
Bathrooms, toilet rooms, and laundry rooms must be provided with either natural
ventilation or mechanical ventilation connected directly to the outside.
Mechanical clothes dryers must be vented to the outside air. When vented to the
outside air, the discharge may not create a health hazard.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
Cross-Reference:
2006 International Building Code, ch 12, sec 1203.
44:02:05:11. Heating equipment. Each facility shall have
a heating system capable of maintaining a temperature between 65 degrees
Fahrenheit and 75 degrees Fahrenheit. Any heating equipment, if fuel-burning,
shall be inspected at least once a year by a person in the business of heating
system maintenance (which includes hot water heaters, primary heating sources,
and secondary heating sources). A written verification of the inspection must
be kept on file in the facility with the date of inspection, a written
statement by the person making the inspection, and that person's signature.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
Cross-Reference:
2006 International Building Code, ch 12, sec 1204.
44:02:05:12. Bedding and linen. A specialty resort shall
furnish each guest with clean sheets and pillow cases for the bed, bunk, or cot
to be occupied by the guest. Sheets must be of sufficient width and length to
cover the mattress completely. All bath linen, sheets, and pillow cases used by
one guest must be washed and mechanically dried before being furnished to
another guest. All bedding, including mattresses, mattress pads, quilts,
blankets, pillows, sheets, and spreads, and all bath linen must be kept clean,
in good repair, and stored in a sanitary manner. Separate laundry containers
must be provided for clean and soiled laundry. Soiled linens, uniforms, and
other garments must be kept separate from clean linens to prevent
cross-contamination. All clean linens must be stored on smooth, nonabsorbent, cleanable surfaces located a minimum of six
inches above the floor.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
44:02:05:13. Housekeeping -- Maintenance of premises. All
parts of the specialty resort and its premises must be kept neat, clean, in
good repair, and free from litter and rubbish. Housekeeping operations and
conditions may not constitute a health hazard. Cleaning operations must be
conducted in a manner which minimizes contamination of facilities. A sanitizer
or disinfectant or both must be used on all contact surfaces to prevent the
spread of disease. All cleaners, sanitizers, and disinfectants must comply with
40 C.F.R. § 180.940, June 23, 2004. Cleaning equipment, supplies,
insecticides, paints, and other toxic or hazardous products must be stored in a
manner to minimize health risks. An ingredient label and "direction for
use" label on each chemical being used must be readily available for
reference or inspection. All containers used for dispensing these chemicals
must be prominently and distinctively labeled for identification of contents.
The use of carpeting in toilet rooms, bathing facilities, and kitchens is
prohibited.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
44:02:05:14. Hazardous condition. If, during the course of a routine inspection, an obvious health hazard or other hazardous condition is discovered which presents an imminent danger to individuals, the department may require the owner of the specialty resort to remove or correct the hazardous condition.
Source: 23 SDR 75, effective November 19, 1996.
44:02:05:15. Water
recreation facilities. All water recreation facilities, including swimming
pools, spas, and water slides operated by a specialty resort and used by guests
or the public, must be designed, constructed, and maintained using the
"Recommended Standards for Swimming Pool Design and Operation," 1996
edition.
The owner or operator of a swimming
pool, spa, or other water recreational facility shall collect and submit at
least one water sample weekly for each swimming pool, spa, or other water
recreational facility while in use under the owner's or operator's control to
an EPA-certified laboratory for bacteriological analysis. The owner or operator
shall report any unsafe water sample test results to the department within
three days after receipt of such test results. Upon the receipt of a positive
water sample the owner or operator of the facility shall submit two consecutive
negative samples to the department to confirm treatment procedures have
eliminated the contamination. If a resample test is positive, the facility
shall close the affected water recreational facility and submit two consecutive
negative samples prior to allowing guest use of affected water recreational
facility. A colorimetric test kit is required for the monitoring and adjusting
of disinfectant levels and pH in a swimming pool, spa, or other water
recreational facilities. A weekly log of disinfectant levels and pH must be
maintained by the owner or operator of the facility.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008; 36
SDR 96, effective December 8, 2009.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
Reference:
"Recommended Standards for Swimming Pool Design and Operation,"
1996 edition, Great Lakes-Upper Mississippi River Board of State and Provincial
Public Health and Environmental Managers. Copies are available at no cost from
the Office of Health Protection, South Dakota Health Department, 615 East 4th
Street, SD 57501.
44:
Source: 23 SDR 75, effective November 19, 1996.
44:02:05:17. Potentially hazardous foods. Potentially
hazardous foods requiring cooking must be cooked to heat all parts of the food
to a temperature of at least 135 degrees Fahrenheit. The food must be held at
that temperature until it is served or it must be immediately refrigerated and
held at 41 degrees Fahrenheit or below, with the exception of the following:
(1) Poultry, poultry
stuffings, stuffed meats, and stuffings containing meat must be cooked to heat
all parts of the food to at least 165 degrees Fahrenheit with no interruptions
of the cooking process;
(2) Pork and any food
containing pork must be cooked to heat all parts of the food to at least 145
degrees Fahrenheit;
(3) Roast beef must be
prepared by a cooking procedure that produces a minimum temperature of 130
degrees Fahrenheit in all parts for a minimum of two hours of each roast unless
otherwise ordered by the immediate consumer;
(4) All ground meats must
be cooked to heat all parts of the food to at least 155 degrees Fahrenheit;
(5) Wild game meats must be
cooked to heat all parts of the food to at least 165 degrees Fahrenheit;
(6) Potentially hazardous
foods which are cooked and then refrigerated must be reheated rapidly to 165
degrees Fahrenheit or higher throughout before serving or must be placed in a
hot food storage facility. Steam tables, bains-marie, warmers, and similar
facilities for holding hot foods may not be used for the rapid reheating of
potentially hazardous foods.
Noncorrosive metal stem-type numerically
scaled indicating thermometers accurate to ±3
degrees Fahrenheit must be provided and used to assure the attainment and
maintenance of proper internal cooking, holding, or refrigeration temperatures
of all potentially hazardous foods.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-25.
44:02:05:18. Thawing potentially hazardous foods.
Potentially hazardous foods must be thawed in the following manner:
(1) In refrigerated units
at a temperature not over 41 degrees Fahrenheit;
(2) Under potable running
water of a temperature of 70 degrees Fahrenheit or below, with sufficient water
velocity to agitate and float off loose food particles into the overflow;
(3) In a microwave oven
only when the food will be immediately transferred to conventional cooking
facilities as part of a continuous cooking process or when the entire,
uninterrupted cooking process takes place in the microwave oven; or
(4) As part of the
conventional cooking process.
Source:
23 SDR 75, effective November 19, 1996; 34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-25.
44:02:05:19. Food protection. While being stored, prepared, displayed, served, or transported, food must be protected from potential contamination. All food service operations must be carried out in a sanitary manner.
Source: 23 SDR 75, effective November 19, 1996.
44:02:05:20. Manual cleaning and sanitizing. Manual cleaning and sanitizing must meet the following requirements:
(1) Utensils and equipment must be washed, rinsed, and sanitized manually in a sink with a minimum of three compartments. Sink compartments must be large enough to permit the accommodation of the equipment and utensils. Each compartment of the sink must be supplied with hot and cold potable running water;
(2) Drain boards must be provided for handling of soiled utensils before washing and for cleaned utensils following sanitizing and must be located so as not to interfere with the use of the dishwashing facilities;
(3) Equipment and utensils must be preflushed or prescraped and, when necessary, presoaked to remove gross food particles and soil;
(4) The cleaning and sanitizing of utensils in a three-compartment dishwashing sink must be conducted in the following sequence:
(a) Equipment and utensils must be thoroughly washed in the first compartment sink with detergent solution that is kept clean and that is between 110 and 120 degrees Fahrenheit;
(b) Equipment and utensils must be rinsed free of detergent and abrasives with clean water in the second compartment;
(c) Equipment and utensils must be sanitized in the third compartment by immersion in a clean solution containing a sanitizing agent that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75 degrees Fahrenheit for one minute.
After sanitization, all equipment and utensils must be left to air dry.
Source: 23 SDR 75, effective November 19, 1996.
44:02:05:21. Mechanical cleaning and sanitizing. If utensils are mechanically cleaned and sanitized, a commercial dishwasher or a homestyle dishwasher must be used. If a homestyle dishwasher is used, the following requirements must be met:
(1) The water as it enters the dishwasher must be at least 120 degrees Fahrenheit;
(2) There must be a sanitizing cycle in which hot water at a minimum temperature of 150 degrees Fahrenheit, not hot air, is used; and
(3) Once started, the dishwashing cycle may not be interrupted and must be allowed to complete its full cycle.
After sanitization, all equipment and utensils must be left to air dry.
Source: 23 SDR 75, effective November 19, 1996.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
44:
Source: 23 SDR 75, effective November 19, 1996.
General Authority: SDCL 26-6-16.
Law Implemented: SDCL 26-6-16.
NOTE: Counties and municipalities set vaccination requirements for pets.
44:02:05:24. Annual
license fee. Repealed.
Source:
23 SDR 75, effective November 19, 1996; repealed, 36 SDR 31, effective August
18, 2009.
44:02:05:25. Cleanliness and storage of utensils.
Glasses, pitchers, ice buckets, and other utensils used for ice, food, or drink
by guests must be washed, rinsed, and sanitized between guests. All cleaners,
sanitizers, and disinfectants must comply with 40 C.F.R. § 180.940, June
23, 2004. The washing and sanitizing facilities must be provided as follows:
(1) Utensils must be
washed, rinsed, and sanitized manually utilizing a three step process. Sink
compartments must be large enough to permit the accommodation of the equipment
and utensils. Each compartment of the sink must be supplied with hot and cold
potable running water. Drain boards must be provided for the air drying of the
sanitized utensils; or
(2) Utensils must be
washed, rinsed, and sanitized by the use of a chemical or hot water sanitizing
ware washing machine. If a home style ware washing machine is utilized, the
sanitizing water temperature must attain a minimum of 150 degrees Fahrenheit.
All utensils must be allowed to air dry.
After washing and sanitizing all
utensils must be wrapped, sealed, or stored in a manner that protects them from
contamination.
Source:
34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
44:02:05:26. Single-service items. Any specialty resort
that does not have facilities for cleaning and sanitizing utensils that meet
the requirements in § 44:02:05:25 shall use single-service articles. Each
single-service article must be stored, handled, and dispensed in a sanitary
manner and may be used only once. The use of common drinking containers in
public places is prohibited. Each single service article must be made from
clean, sanitary, and safe materials.
Source:
34 SDR 321, effective June 30, 2008.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-24.
Cross-Reference:
Food Service Code, ch 44:02:07.
44:02:05:27. Egress
windows. Each egress window shall have at least a net clear opening of 5.7
square feet. The net clear opening shall be at least 24 inches high and at
least 20 inches wide. The egress window shall open from the inside of the guest
room without the use of any special tool or knowledge. The egress window shall
have a finished sill height of not more than 48 inches above the floor.
Source:
36 SDR 96, effective December 8, 2009.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-22.1, 34-18-22.2, 34-18-24.
44:02:05:28. Egress
window wells. Each egress window that is below grade shall lead to a window
well. The horizontal dimensions of the window well shall provide at least a net
clear area of nine square feet with at least a horizontal projection and width
of 36 inches. The vertical height of the window well may not exceed 48 inches.
Source:
36 SDR 96, effective December 8, 2009.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-22.1, 34-18-22.2, 34-18-24.
44:02:05:29. Egress
window exception. For lodging establishments constructed before July 1,
2009, each grade level egress window shall have at least a net clear opening of
five square feet and shall be at least 24 inches high and at least 20 inches
wide.
Source:
36 SDR 96, effective December 8, 2009.
General
Authority: SDCL 34-1-17, 34-18-22.
Law
Implemented: SDCL 34-18-22, 34-18-22.1, 34-18-22.2, 34-18-24.