Administrative Rule 61:15:06 | South Dakota Legislature

61:15:06:01. Definition of group family day care home. A group family day care home is any facility as defined in SDCL 26-6-14(5) that provides group care and supervision for 13 to 20 children.

Source: 18 SDR 107, effective January 1, 1992; 23 SDR 32, effective September 11, 1996; 43 SDR 56, effective October 17, 2016.

General Authority: SDCL 34-29B-2.

Law Implemented: SDCL 34-29B-2.

Rule 61:15:06:02 Responsibility of group family day care proprietors.

61:15:06:02. Responsibility of group family day care proprietors. A group family day care proprietor intending to alter, remodel, or build new facilities to be used for group family day care purposes shall inform the Office of the State Fire Marshal and the Department of Social Services of that intention.

Source: 18 SDR 107, effective January 1, 1992; 23 SDR 32, effective September 11, 1996.

General Authority:SDCL 34-29B-2.

Law Implemented:SDCL 34-29B-2.

Rule 61:15:06:03 Approval of proposed construction required.

61:15:06:03. Approval of proposed construction required. A group family day care proprietor may not begin proposed construction until the plans and specifications have been reviewed locally and by a representative of the Department of Public Safety and approved in writing. Drawings must be drawn to scale and must clearly show plot plan sections, elevations, structural details, floor plan, electrical, mechanical, and any other details the department may require.

Source: 18 SDR 107, effective January 1, 1992; 27 SDR 75, effective February 7, 2001; 30 SDR 48, effective October 16, 2003.

General Authority:SDCL 34-29B-2.

Law Implemented:SDCL 34-29B-2.

Rule 61:15:06:04 Construction requirements.

61:15:06:04. Construction requirements. New construction of and any addition to a group family day care home, remodeling of any existing group family day care home, and remodeling of any existing building for use as a group family day care home must be in accordance with this chapter.

Source: 18 SDR 107, effective January 1, 1992; 23 SDR 32, effective September 11, 1996; 27 SDR 75, effective February 7, 2001; 33 SDR 113, effective January 2, 2007.

General Authority: SDCL 34-29B-2.

Law Implemented: SDCL 34-29B-2.

Rule 61:15:06:05 Exit requirements.

61:15:06:05. Exit requirements. Egress for both a new and an existing group family day care facility shall conform to the following requirements. The first level of a group family day care home is required to have at least two exits that meet the requirements set forth in chapter 10 of the International Building Code, 2015 edition. These two required exits shall discharge directly to the outside. If spaces on the floor above the floor of exit discharge are used by clients, at least two remote exits are required on that floor. At least one means of egress shall be an exit discharging directly to the outside. In an existing facility, the exit discharging directly to the outside may be an exit complying with the requirements of § 61:15:01:12. If clients are located in a story below the level of exit discharge, at least two separated exits are required in that story. At least one means of egress shall be an exit discharging directly to the outside, and the vertical travel to ground level may not exceed eight feet. Exit illumination and exit signs shall be provided and maintained in accordance with chapter 10 of the International Building Code, 2015 edition.

Source: 18 SDR 107, effective January 1, 1992; 23 SDR 32, effective September 11, 1996; 27 SDR 75, effective February 7, 2001; 33 SDR 113, effective January 2, 2007; 37 SDR 235, effective June 28, 2011; 43 SDR 56, effective October 17, 2016.

General Authority: SDCL 34-29B-2.

Law Implemented: SDCL 34-29B-2.

Reference: International Building Code, 2015 edition, International Code Council. Copies may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478; $114.00 for members and $152.00 for nonmembers. Telephone: 1-888-422-7233.

Rule 61:15:06:06 Floor covering requirements.

61:15:06:06. Floor covering requirements. Interior floor finish materials in a group family day care home shall be a Class 2 material in required exits, exit passageways, or corridors providing exit access. A Class 2 material is any material having a minimum critical radiant flux of 0.22 watts per square centimeter as established by the procedures specified in NFPA-253, "Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source," 2015 edition. If an automatic sprinkler system is installed, floor covering materials need not be classified. Floor covering requirements apply to new construction and to replacing of floor covering in an existing facility.

Source: 18 SDR 107, effective January 1, 1992; 23 SDR 32, effective September 11, 1996; 33 SDR 113, effective January 2, 2007; 37 SDR 235, effective June 28, 2011; 43 SDR 56, effective October 17, 2016.

General Authority: SDCL 34-29B-2.

Law Implemented: SDCL 34-29B-2.

Reference: NFPA 253, "Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source," 2015 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-9101; $35.55 for members and $39.50 for nonmembers. Telephone: 1-617-770-3000.

Rule 61:15:06:07 Interior finish.

61:15:06:07. Interior finish. Interior wall and ceiling finish for both a new and an existing group family day care home shall comply with chapter 8 of the International Building Code, 2015 edition.

General Authority: SDCL 34-29B-2.

Law Implemented: SDCL 34-29B-2.

Reference: International Building Code, 2015 edition, International Code Council. Copies may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478; $114.00 for members and $152.00 for nonmembers. Telephone: 1-888-422-7233.

Rule 61:15:06:08 Fire detection requirements.

61:15:06:08. Fire detection requirements. Every group family day care home shall be provided with a residential fire detection system comprised of interconnected multiple-station smoke detectors. Smoke detectors shall be interconnected so an alarm from any one of the interconnected detectors sounds the alarm in all detectors. Smoke detectors shall be installed in every sleeping room, corridor, stairwell, and activity room in accordance with the manufacturer's recommendations and NFPA 72, "National Fire Alarm Code," 2013 edition. Each smoke detector shall receive primary power from the building wiring. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. The requirements of this section apply to both a new and an existing facility. The time limit for an existing facility to comply shall be determined by the inspector based upon the financial situation of the facility and the existing level of life safety. No time limit may exceed 18 months.

General Authority: SDCL 34-29B-2.

Law Implemented: SDCL 34-29B-2.

Reference: NFPA 72, "National Fire Alarm Code," 2013 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-9101; $86.85 for members and $96.50 for nonmembers. Telephone: 1-617-770-3000.

Rule 61:15:06:09 Portable fire extinguishers.

61:15:06:09. Portable fire extinguishers. Portable fire extinguishers must be provided on each level and near food processing equipment. Fire extinguishers must be a minimum of a 2A rating, as identified on the extinguisher label, and may serve no more than 2,000 square feet with a travel distance of not greater than 75 feet to an extinguisher.

Source: 18 SDR 107, effective January 1, 1992; 23 SDR 32, effective September 11, 1996.

General Authority:SDCL 34-29B-2.

Law Implemented:SDCL 34-29B-2.

Rule 61:15:06:10 Electrical receptacle protection.

61:15:06:10. Electrical receptacle protection. Special protective covers for all electrical receptacles not being used must be installed in all areas occupied by children. Self-closing outlet covers that cover outlet holes automatically upon removal of appliance prongs must be provided for new facilities.

Source: 18 SDR 107, effective January 1, 1992.

General Authority:SDCL 34-29B-2.

Law Implemented:SDCL 34-29B-2.

Rule 61:15:06:11 Latches and locks.

61:15:06:11. Latches and locks. In both new and existing facilities, each closet door latch must be capable of being opened by children from the inside. Each bathroom door lock must be designed to permit opening of the locked door from the outside in an emergency. The opening device must be readily accessible to the staff.

Source: 18 SDR 107, effective January 1, 1992.

General Authority:SDCL 34-29B-2.

Law Implemented:SDCL 34-29B-2.

Rule 61:15:06:12 Heating equipment protection.

61:15:06:12. Heating equipment protection. In new and existing group family day care homes, each room containing a boiler, central heating plant, or hot-water supply boiler must be separated from the rest of the building by not less than a one-hour fire-resistive occupancy separation if the equipment exceeds 400,000 Btu per hour input. Any heating equipment in spaces occupied by children must be provided with noncombustible partitions, screens, or other means to protect the children from hot surfaces and open flame. If solid partitions are used, provisions must be made to assure adequate air for combustion and ventilation for the heating equipment. Unvented fuel-fired room heaters are not permitted.

Source: 18 SDR 107, effective January 1, 1992.

General Authority:SDCL 34-29B-2.

Law Implemented:SDCL 34-29B-2.

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