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Administrative Rules

CHAPTER 67:42:11

ENVIRONMENTAL HEALTH STANDARDS

Section

67:42:11:01                            Scope of chapter.

67:42:11:02                            Playground area -- Swimming pool.

67:42:11:02.01                        Space requirements -- Before and after school care, Repealed.

67:42:11:03 and 67:42:11:04        Repealed.

67:42:11:05                            Sleeping areas.

67:42:11:06                            Toilet facilities.

67:42:11:06.01                        Diaper changing.

67:42:11:07                            Cleaning and sanitizing of equipment, Repealed.

67:42:11:07.01 and 67:42:11:07.02    Repealed.

67:42:11:08                            Ventilation of cooking areas.

67:42:11:09                            Water source and temperature.

67:42:11:10                            Electrical outlet covers.

67:42:11:11                            Repealed.

67:42:11:12                            Heating, ventilating, and cooling systems.

67:42:11:13                            Repealed.

67:42:11:14                            Railings.

67:42:11:15                            Hazardous conditions.

67:42:11:15.01                        Traffic through food preparation area prohibited, Repealed.

67:42:11:16                            Food supplies.

67:42:11:17                            Repealed.

67:42:11:18                            Food storage.

67:42:11:19                            Repealed.

67:42:11:20                            Raw fruits and vegetables, Repealed.

67:42:11:21 and 67:42:11:22        Repealed.

67:42:11:23                            Employee health, Repealed.

67:42:11:24                            Personal cleanliness.

67:42:11:25                            Food service practices.

67:42:11:26 to 67:42:11:28            Repealed.

67:42:11:29                            Equipment and utensil cleaning and storage.

67:42:11:30 to 67:42:11:32            Repealed.

67:42:11:33                            Handwashing.

67:42:11:34                            Garbage and refuse, Repealed.

67:42:11:35                            Repealed.

67:42:11:36                            Insect and rodent control, Repealed.

67:42:11:37                            Floor construction, Repealed.

67:42:11:38                            Floor carpeting, Repealed.

67:42:11:39                            Facility maintenance.

67:42:11:40                            Housekeeping.

67:42:11:41                            Laundry.

67:42:11:42 and 67:42:11:43        Repealed.

67:42:11:44                            Pets.




    67:42:11:01.  Scope of chapter. The environmental health standards in this chapter apply only to chapters 67:42:07, 67:42:08, and 67:42:15, unless otherwise indicated.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 27 SDR 63, effective December 31, 2000; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(6).




    67:42:11:02.  Playground area -- Swimming pool. The playground must have at least fifty square feet of play area for each child during each scheduled recess time and must be enclosed with a fence, if the playground is within twenty-five feet of a high-volume traffic area, or located near any hazardous area. The fence must be at least four feet high. The playground must be free of litter, trash, and weeds. Playground equipment must be installed per manufacturer recommendations and maintained in good repair.

    A swimming pool located on the premises and not emptied after each use must be secured on all sides with a fence that is at least five feet high and prevents child access. Exits from and entrances to the pool must have self-closing, latching gates that must be locked when children are present.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




    67:42:11:02.01.  Space requirements -- Before and after school care. Repealed.

    Source: 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.




Rule 67:42:11:03 Repealed.

          67:42:11:03.  Floor construction -- Ceiling height.Repealed.

          Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 197, effective July 1, 1987; repealed, 14 SDR 20, effective August 13, 1987.




Rule 67:42:11:04 Repealed.

          67:42:11:04.  Lighting. Repealed.

 

          Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:05.  Sleeping areas. A minimum of fifty square feet of floor space must be provided for the first client occupying a sleeping area with an additional thirty square feet for each additional client occupying the same sleeping space.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).

    Cross Reference:

    Scope of chapter, § 67:42:11:01.




    67:42:11:06.  Toilet facilities. Where care for both male and female clients is provided, separate toilet facilities for each gender must be provided. There must be a minimum of one toilet and one hand lavatory for every twelve male clients and a minimum of one toilet and one hand lavatory for every twelve female clients. Showers or bathtubs must be provided at the ratio of one shower or bathtub for every five male clients and one shower or bathtub for every five female clients.

    There must be natural or mechanical ventilation in all restrooms.

    The interior surfaces of the room must be finished so that the room is easily cleanable. Toilet fixtures must be kept clean and in good repair.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 32 SDR 33, effective August 31, 2005; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).

    Cross Reference:

    Scope of chapter, § 67:42:11:01.




    67:42:11:06.01.  Diaper changing. Where infants are cared for, there must be a diaper changing table with a top that is easily cleanable and nonabsorbent. The table must be cleaned after each use.

    Soiled diapers must be kept in a leakproof, nonabsorbent container that is covered with a tight-fitting lid.

    A hand lavatory must be located near the diaper changing area.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).

    Cross References:

    Scope of chapter, § 67:42:11:01.




    67:42:11:07.  Cleaning and sanitizing of equipment. Repealed.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.




Rule 67:42:11:07.01 Repealed.

          67:42:11:07.01.  Manual cleaning and sanitizing. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; repealed, 39 SDR 220, effective June 27, 2013.

 




Rule 67:42:11:07.02 Repealed.

          67:42:11:07.02.  Mechanical cleaning and sanitizing. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:08.  Ventilation of cooking areas. A facility, in which more than twenty children are cared for, must provide a ventilation hood over all cooking areas for the type of applicance and intended use, as required in § 61:15:01:01.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(5).




    67:42:11:09.  Water source and temperature. Water must be derived from a community water system or from a water system that is tested at least annually by a laboratory certified by the State of South Dakota to test drinking water. The water must be tested for bacteria and nitrate levels and must be safe for consumption. The provider shall maintain documentation of the test results.

    The hot water supply system must be large enough to meet the peak hot water demands of the facility. Hot water from plumbing fixtures normally utilized for the everyday living activities of clients may not exceed one hundred twenty degrees Fahrenheit.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 14 SDR 37, effective September 13, 1987; 15 SDR 94, effective January 1, 1989; 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 43 SDR 31, effective September 12, 2016; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).

    Cross-References:

    General rules, chapter 74:02:01.

    Water system operators, article 74:21.




    67:42:11:10.  Electrical outlet covers. A facility, in which children under age five are cared for, must have unused electrical outlets covered with an Underwriters' Laboratories-approved electrical outlet cover. If the facility was constructed or approved after June 4, 1995, it must have self-closing outlet covers that cover outlet holes automatically upon removal of appliance prongs.

    Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




Rule 67:42:11:11 Repealed.

          67:42:11:11.  Compliance with chapters 67:28:08 and 67:28:12.Repealed.

          Source: 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 13 SDR 197, effective July 1, 1987; repealed, 14 SDR 20, effective August 13, 1987.




    67:42:11:12.  Heating, ventilating, and cooling systems. Each facility must have a working heating, ventilating, and cooling system.

    Heating, ventilating, and cooling systems must be inspected at least once a year by a person qualified through experience in heating and ventilation maintenance. The inspector shall provide a signed, written statement verifying the inspection and shall include the date of the inspection. This written verification must be kept on file in the facility, be made available to the department, upon request, and retained for three years.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(3)(6).




Rule 67:42:11:13 Repealed.

          67:42:11:13.  Electrical wiring. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:14.  Railings. All floor and wall openings, open-sided stairs, platforms, and decks, which are thirty inches or more above the adjacent ground level, must be guarded by a railing or barrier, that conforms with applicable building code requirements.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




    67:42:11:15.  Hazardous conditions. Hazardous cleaning solutions, chemicals, poisons, and substances must be labeled, and stored in a safe place or kept in an enclosed cabinet that is inaccessible to clients.The department may direct a facility to remove or correct other hazardous conditions or circumstances not covered in this chapter, if the department considers the conditions or circumstances to have the potential to cause injury or illness to clients or staff.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




    67:42:11:15.01.  Traffic through food preparation area prohibited. Repealed.

    Source: 31 SDR 40, effective September 29, 2004; 49 SDR 124, effective July 3, 2023.




    67:42:11:16.  Food supplies. Food must be free from spoilage, filth, or other contamination and must be safe for human consumption. The use of home-canned foods is prohibited.

    Fluid milk and fluid milk products, used or served, must be pasteurized and must meet Grade A quality standards, as defined in SDCL subdivision 39-6-1(2). Dry milk and dry milk products must be made from pasteurized milk and milk products and may be used in food preparation but not for drinking.

    The temperature of potentially hazardous foods, as defined in § 44:02:07:18, that must be kept cold, must be kept at forty-one degrees Fahrenheit or below, except as otherwise provided in this chapter. The temperature of potentially hazardous foods, as defined in § 44:02:07:18, that must be kept warm, must be kept at one hundred forty degrees Fahrenheit or above, at all times, except as otherwise provided in this chapter. Potentially hazardous foods must be reheated rapidly to one hundred sixty-five degrees Fahrenheit or higher throughout, before being served.

    Light fixtures in food service areas must have shielded or shatterproof bulbs.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




Rule 67:42:11:17 Repealed.

          67:42:11:17.  Food protection. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 27 SDR 121, effective May 28, 2001; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:18.  Food storage. The following are requirements for food storage:

    (1)  Food, whether raw or prepared, if removed from the container or package in which it was obtained, must be stored in a clean, covered container, except during necessary periods of preparation or service;

    (2)  The covers of containers used for food storage must be impervious and nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll containers;

    (3)  Containers of food must be stored a minimum of six inches above the floor, in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area;

    (4)  The requirement for storage above the floor, as set forth in subdivision (3), does not apply to pressurized beverage containers or cased food that is packaged in cans, glass, or other waterproof containers, unless the container is exposed to floor moisture;

    (5)  Food and containers of food may not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads;

    (6)  Food and containers of food may not be stored in toilet rooms, or in vestibules; and

    (7)  Food not subject to further washing or cooking before serving must be stored in a way that protects it against cross-contamination from food requiring washing or cooking.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




Rule 67:42:11:19 Repealed.

          67:42:11:19.  Refrigerated storage. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:20.  Raw fruits and vegetables. Repealed.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.




Rule 67:42:11:21 Repealed.

          67:42:11:21.  Reheating. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




Rule 67:42:11:22 Repealed.

          67:42:11:22.  Thawing potentially hazardous foods. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 31 SDR 40, effective September 29, 2004; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:23.  Employee health. Repealed.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.




Rule 67:42:11:24 Personal cleanliness.

          67:42:11:24.  Personal cleanliness. Persons involved with food preparation shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work and as often as necessary during work to keep them clean. They shall also wash after smoking, eating, drinking, or using the toilet. They shall keep their fingernails clean and trimmed and their outer clothing must be clean. Jewelry on hands and wrists may not be worn during food handling.

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987.

          General Authority: SDCL 26-6-16.

          Law Implemented: SDCL 26-6-16.




Rule 67:42:11:25 Food service practices.

          67:42:11:25.  Food service practices. Individuals involved with food preparation must conform to the following requirements:

          (1)  They may consume food only in designated dining areas where there will be no contamination of other food, equipment, or utensils;

          (2)  They may use tobacco only in designated areas where the use of tobacco will not result in the contamination of food, equipment, or utensils;

          (3)  They shall handle soiled tableware in a way that minimizes contamination of the hands; and

          (4)  They must wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair. The hair restraints must be designed and worn to effectively keep hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 31 SDR 40, effective September 29, 2004.

          General Authority: SDCL 26-6-16.

          Law Implemented: SDCL 26-6-16.




Rule 67:42:11:26 Repealed.

          67:42:11:26.  Multi-use equipment and utensils. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




Rule 67:42:11:27 Repealed.

          67:42:11:27.  Single-service articles. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




Rule 67:42:11:28 Repealed.

          67:42:11:28.  Equipment and utensil handling. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:29.  Equipment and utensil cleaning and storage. Equipment, utensils, kitchenware, dining tables, and food contact surfaces of equipment must be washed, rinsed, and sanitized after each use.

    Manual sanitization must include immersion in a solution of one ounce of household bleach to two gallons of water after each use and following any interruption of operations during which contamination might have occurred.

    Mechanical sanitization must include a sanitizing cycle in which hot water, not hot air, is used and the water temperature is maintained at one hundred fifty degrees Fahrenheit.

    Equipment and utensils must be stored as follows:

    (1)  Sanitized utensils and equipment must be stored at least six inches above the floor in a clean, dry location, in a way that protects them from contamination in any form;

    (2)  The food contact surfaces of equipment must be protected from contamination;

    (3)  Equipment and utensils may not be placed under exposed sewer lines or water lines, except for automatic fire protection sprinkler heads;

    (4)  Utensils not air-dried before being stored must be stored in a self-draining position;

    (5)  Cups and glasses must be stored inverted;

    (6)  Other utensils must be stored covered or inverted; and

    (7)  Knives, forks, and spoons must be stored in a container that presents the handle to the client or employee.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 43 SDR 31, effective September 12, 2016; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




Rule 67:42:11:30 Repealed.

          67:42:11:30.  Storage and handling of single-service articles. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




Rule 67:42:11:31 Repealed.

          67:42:11:31.  Sewage. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




Rule 67:42:11:32 Repealed.

          67:42:11:32.  Plumbing. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:33.  Handwashing. Staff members shall wash their hands with soap after using the restroom, after changing a diaper, after handling soiled clothing or bedding, and before handling food.

    Handwashing facilities must:

    (1)  Be located so as to permit convenient use by both employees and clients;

    (2)  Be located in the food preparation area or directly adjacent to the food preparation area;

    (3)  Be located in each toilet room;

    (4)  Be located near any diaper changing area;

    (5)  Be provided with hand cleansing soap or detergent; and

    (6)  Be provided with single-use towels.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




    67:42:11:34.  Garbage and refuse. Repealed.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; 27 SDR 63, effective December 31, 2000; 39 SDR 220, effective June 27, 2013; 49 SDR 124, effective July 3, 2023.




Rule 67:42:11:35 Repealed.

          67:42:11:35.  Garbage and refuse disposal. Repealed.

 

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; repealed, 39 SDR 220, effective June 27, 2013.

 




    67:42:11:36.  Insect and rodent control. Repealed.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.




    67:42:11:37.  Floor construction. Repealed.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.




    67:42:11:38.  Floor carpeting. Repealed.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 21 SDR 206, effective June 4, 1995; 49 SDR 124, effective July 3, 2023.




    67:42:11:39.  Facility maintenance. Floors, walls, ceilings, doors, windows, and skylights must be easily cleanable and in good repair.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 39 SDR 220, effective June 27, 2013; 45 SDR 159, effective July 1, 2019; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




    67:42:11:40.  Housekeeping. All parts of the facility must be clean, neat, and free of litter and rubbish. Garbage must be kept in durable, easily cleanable, insect-proof, and rodent-proof containers that do not leak or absorb liquids. Measures must be taken to minimize the presence of rodents, flies, cockroaches, and other insects on the premises.

    Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987; 49 SDR 124, effective July 3, 2023.

    General Authority: SDCL 26-6-16.

    Law Implemented: SDCL 26-6-16(2)(6).




Rule 67:42:11:41 Laundry.

          67:42:11:41.  Laundry. Each facility must provide for the cleaning of all linens and washable goods. Soiled linen must be placed in closed containers or hampers during storage or transportation. The handling, sorting, or washing of soiled linen may not take place in food preparation or serving areas. Areas designated for soiled linen handling and processing must be physically separated from kitchen areas by a permanent partition. If physical separation of laundry and kitchen areas is impractical, written procedures must be developed that prohibit the washing, sorting, or handling of laundry while meals are being prepared or served. Laundry detergents, bleaches, soap builders, brighteners, bluing agents, or other chemicals associated with the washing or finishing process must be safely stored to prevent injury to clients by spillage or ingestion. Laundry chemicals may not be placed or stored with or near food or on food contact surfaces.

          If the facility provides laundry service for common-use linens or if different clients' clothing is laundered together and if the water temperature at the washing machine is less than 160 degrees Fahrenheit, bleach or a disinfectant must be used in the laundering process.

          Source: 13 SDR 197, effective July 1, 1987; 14 SDR 20, effective August 13, 1987.

          General Authority: SDCL 26-6-16.

          Law Implemented: SDCL 26-6-16.




Rule 67:42:11:42 Repealed.

          67:42:11:42.  Handwashing. Repealed.

 

          Source: 15 SDR 94, effective January 1, 1989; 21 SDR 206, effective June 4, 1995; repealed, 39 SDR 220, effective June 27, 2013.

 




Rule 67:42:11:43 Repealed.

          67:42:11:43.  Smoking.Repealed.

          Source: 15 SDR 94, effective January 1, 1989; 15 SDR 162, effective May 4, 1989; repealed, 31 SDR 40, effective September 29, 2004.




Rule 67:42:11:44 Pets.

          67:42:11:44.  Pets. If a pet is present, indoors or outdoors, the provider must ensure that the following requirements are met:

          (1)  The pet must be in good health, show no evidence of carrying any disease, and be a friendly companion to the children and parents;

          (2)  Wild or dangerous animals such as ferrets, lizards, or other reptiles must be kept in a covered glass container or tank that is inaccessible to children;

          (3)  Potentially aggressive animals such as pit bulls and rottweilers and parrots and other exotic birds must be confined and kept away from the children;

          (4)  Dogs or cats must be immunized for any disease that can be transmitted to humans and must be maintained on a flea, tick, and worm control program;

          (5)  The provider must have documentation, signed by a veterinarian, that the pet has had the required immunizations and that the immunizations are current;

          (6)  The pet's living quarters must be kept clean;

          (7)  Litter boxes must be covered and kept clean in order to eliminate odor; and

          (8)  The pet's food supply may not be accessible to the children.

          Source: 21 SDR 206, effective June 4, 1995; 31 SDR 40, effective September 29, 2004.

          General Authority: SDCL 26-6-16.

          Law Implemented: SDCL 26-6-16.

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