44:70:10:02.  Resident rooms. A resident room must meet the following requirements:

 

          (1)  A maximum room capacity not exceeding two residents;

 

          (2)  A minimum area, exclusive of toilet rooms, closets, lockers, wardrobes, or vestibules, of 120 square feet or 10.8 square meters in each one-bed room and 200 square feet or 18.58 square meters in each two-bed room. Any sleeping room designed as part of a suite of rooms shall have a minimum area of 100 square feet in each one-bed room and 140 square feet or 13 square meters in each two-bed room. The minimum dimension in a sleeping room may be not less than nine feet six inches  or 2.74 meters;

 

          (3)  Privacy curtains shall be provided if requested by the resident. Privacy curtains or equivalent built-in devices, if installed, must provide full visual privacy that allows access to the toilet room and corridor without entering the roommate's space;

 

          (4)  A window sill not higher than three feet (0.91 meters) above the floor. The floor shall be above grade;

 

          (5)  A call cord at each bed for staff calling stations;

 

          (6)  A toilet room and lavatory. Each resident toilet room must be directly accessible for each resident without going through the general corridor. In remodeling projects, one toilet room with handsinks in a resident room may serve two resident rooms, but not more than four beds. For new construction, a toilet room may not be shared between resident rooms. All new resident toilet rooms must be wheelchair accessible;

 

          (7)  A wardrobe or closet for each resident with an area of at least five square feet or 0.465 square meters; and

 

          (8)  Each resident room door located not more than 200 feet or 45.72 meters from the staff station.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

 

          44:70:10:03.  Service area in care units. Each care unit must contain a service area that includes the following:

 

          (1)  Staff station, staff office, or work area with convenient access to handwashing facilities;

          (2)  Communications;

          (3)  Storage for supplies and staff personal effects;

          (4)  Staff or public toilet room;

          (5)  Medicine room adjacent to the staff station with a sink, refrigerator, locked storage, and facilities for preparation and administration of medication;

          (6)  Clean linen storage area in an enclosed storage space;

          (7)  Equipment storage room on each resident wing or floor for storage of resident care equipment;

          (8)  Resident bathing facilities containing one shower, bathtub, or whirlpool for each 16 beds not individually served; and

          (9)  Janitor's closet for storage of housekeeping supplies and equipment that contains a floor receptor or service sink. The janitor's closet space and equipment may be incorporated into the laundry room.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          44:70:10:05.  Food preparation services and equipment. The dietary area must be completely cleanable by conventional methods. The location and design of the dietary area must enable convenient handling of incoming supplies, preparation of meals, including tray service, and disposal of rubbish and garbage. Equipment and space provided must include the following:

 

          (1)  In dietary areas serving 17 beds or more, a dishwashing area including a commercial dishwasher supplied with 180 degree Fahrenheit or 82 degrees centigrade rinse water or a chemical sanitizing cycle, a soiled dish table with sufficient work space, a garbage disposal, a garbage can, a clean dish table with room for at least three dish racks, and handwashing facilities. Dietary areas located in resident areas serving 16 residents or less may use an undercounter dishwasher;

 

          (2)  A dry food storage area with at least 1.5 linear feet or 0.46 meters of shelving 20 inches  or 0.51 meters wide for each resident bed and a functional aisle;

 

          (3)  Refrigerated storage space providing at least 1.5 cubic feet or 0.042 cubic meters of refrigerated space and 0.5 cubic feet or 0.014 cubic meters of freezer space per resident bed with sufficient refrigerated storage space located within the food production area for convenient food preparation;

 

          (4)  Aisles within the dietary area not less than three feet or 0.91 meters wide. Aisles adjoining equipment locations with doors or aisles utilized for cart traffic shall be at least four feet or 1.22 meters wide;

 

          (5)  Pot and pan washing facilities, including a three-compartment sink, with 18 inch drainboards on both sides and drying and storage facilities for pots and pans;

 

          (6)  A vegetable preparation area with a two-compartment sink with drainboards on both sides;

 

          (7)  Cart storage areas;

 

          (8)  Waste disposal facilities;

 

          (9)  Janitor's closet with storage for housekeeping supplies and equipment and floor receptor or service sink;

 

          (10)  Food production equipment sized and designed to prepare a complete meal for the total bed complement and for personnel, guests, day-care residents, or other catering services;

 

          (11)  Food holding and transportation equipment capable of protecting food from contamination and of maintaining cold food at 41 degrees Fahrenheit or 5 degrees centigrade or below and hot food at 135 degrees Fahrenheit or 57.2 degrees centigrade or above during the total serving period;

 

          (12)  Ventilation equipment sized and designed to effectively remove steam, heat, cooking vapors, and grease from food production areas, dishwashing areas, and serving areas;

 

          (13)  Handwashing facilities that are convenient to each work area, consisting of hot and cold running water, towel dispenser with single-service towels or hand drying device and hand cleanser;

 

          (14)  In dietary areas serving 17 beds or more, a staff toilet facility within or conveniently located adjacent to the dietary area; and

 

          (15)  In dietary areas serving 17 beds or more, an ice maker with bin or self-dispensing ice maker. A built-in dispensing ice maker in a refrigerator may be used in any facility with a capacity of less than 17 beds. Any ice maker accessible to residents must be self-dispensing.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(2)(4).

          Law Implemented: SDCL 34-12-13(1)(2)(4).

 

          44:70:10:09.  Outside area. Each memory care unit must have for the resident's use an outdoor area enclosed by a fence. The fence must extend to a minimum of six feet above grade level and be designed to be safe for resident contact. Hard surface walking paths shall be provided in the outside area. If the access to the outside area is through a required building exit, the area shall be large enough to allow movement of all affected residents 50 feet away from the building structure. A gate to exit the outside area must be provided.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(3)(14).

          Law Implemented: SDCL 34-12-13(3)(14).

 

          44:70:10:10.  Memory care unit locations. Any memory care unit must be located at grade level and have direct access to an outside area.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(3).

          Law Implemented: SDCL 34-12-13(1)(3).

 

          44:70:10:12.  Engineering service and equipment areas. The requirements for engineering service and equipment areas for each facility are as follows:

 

          (1)  A maintenance shop with at least one room;

          (2)  A storage room for building maintenance supplies;

          (3)  A refuse room for trash storage that is conveniently located to the service entrance or exterior trash receptacles; and

          (4)  A yard equipment storage room or exterior building.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(3).

          Law Implemented: SDCL 34-12-13(1)(3).

 

          44:70:10:15.  Ceiling heights. The ceilings of corridors, storage rooms, resident toilet rooms, and other minor rooms may not be less than seven feet, eight inches or 2.34 meters. The ceilings of all other rooms may not be less than seven feet, ten inches or 2.39 meters.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(3).

          Law Implemented: SDCL 34-12-13(1)(3).

 

          44:70:10:16.  Transferred to § 44:70:03:03.

 

          44:70:10:25.  Recirculated air systems. Repealed.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

 

          44:70:10:26.  Plumbing fixtures. The material used for plumbing fixtures must be of nonabsorptive acid-resistant material. Each lavatory and sink required in resident toilet rooms must have the water supply spout mounted so the discharge is a minimum of 2.5 inches or 0.064 meters above the rim of the fixture. Handwashing facilities used by medical and care staff and food handlers must have the water supply spout mounted so the discharge is a minimum of five inches or 0.13 meters above the rim of the fixture and be equipped with hands-free controls. A single lever device may be used. An aerator may not be used on a faucet spout. A paper towel dispenser or hand-drying device must be provided at each lavatory and sink used for handwashing.

 

          Any shower stall not required to be of the wheelchair transfer or standard roll-in type must have curb heights not more than six inches above the finished floor. The shower floor elevation and bathroom finished floor elevation must be level, if possible, but the difference in elevation may not exceed three inches.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(3).

          Law Implemented: SDCL 34-12-13(1)(3).

 

          44:70:10:27.  Water supply systems. Each water supply system must supply water to the fixtures and equipment on the upper floors at a minimum pressure of 15 pounds per square inch or 1055.9 kilograms per square meter during maximum demand periods. Each water service main, branch main, riser, and branch to a group of fixtures must be valved. Stop valves must be provided at each fixture. Hot, cold, and chilled water piping and waste piping on which condensation may occur must be insulated. Insulation of each cold and chilled water line must include an exterior vapor barrier.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(4)(14).

          Law Implemented: SDCL 34-12-13(1)(4)(14).

 

          44:70:10:29.  Hot water systems. Each hot water distribution system over 50 feet or 15.24 meters long must recirculate to provide hot water at each fixture at all times. The hot water heating equipment must have sufficient capacity to supply water at the temperatures and amounts indicated in the following:

 

          (1)  Three gallons an hour or 0.0033 liters a second for each bed;

 

          (2)  Two gallons an hour or 0.0020 liters a second for each bed for dietary use; and

 

          (3)  Two gallons an hour or 0.0020 liters a second per bed for laundry.

 

          Each storage tank provided must be fabricated of noncorrosive metal or lined with noncorrosive material.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(4)(14).

          Law Implemented: SDCL 34-12-13(1)(4)(14).

 

          44:70:10:30.  Drainage systems. Each drain line from a sink in which acid wastes may be poured must be fabricated from an acid resistant material. Any piping over food preparation centers, food service facilities, food storage areas, and other critical areas must be kept to a minimum and may not be exposed. Special precautions must be taken to protect these areas from possible leakage of necessary overhead piping systems. The building sewer system must discharge into a community sewerage system. If a building sewer system is not available, a facility providing sewage treatment that conforms to applicable local and state regulations is required.

 

          Water from a roof system must be collected and discharged away from the building foundation. Rain gutters with downspouts and splash blocks must be provided for a pitched roof system. Provisions must be made to avoid having water accumulated on sidewalks and parking areas around the building.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(4)(14).

          Law Implemented: SDCL 34-12-13(1)(4)(14).

 

          Cross-Reference: Individual and small on-site wastewater systems, ch 74:53:01.

 

          44:70:10:36.  Transferred to § 44:70:03:04.

          44:70:10:37.  Submittal of plans and specifications. Plans and specifications for new construction must be submitted to the department for evaluation of function and fire protection. The department's approval must be obtained before beginning construction. Any modification during construction must be submitted to the department for review and shall be approved prior to the modification. A written narrative describing the intended use of the proposed construction must accompany the plans and specifications.

 

          Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

          General Authority: SDCL 34-12-13(1)(3).

          Law Implemented: SDCL 34-12-13(1)(3).