44:77:02:01.  Sanitation. The facility shall be kept clean, neat, and free of litter and rubbish. Hazardous cleaning solutions, chemicals, and poisons shall be labeled, stored in a safe place, and kept in an enclosed cabinet. Garbage and refuse shall be kept in durable, easily cleanable containers that do not leak and do not absorb liquids. Garbage and refuse shall be disposed of often enough to prevent the development of odor and the attraction of insects and rodents. Sewage shall be disposed of by means of a public sewage disposal system or a septic system, and shall not constitute a source of contamination of food, equipment, or utensils or otherwise create an unsanitary condition or nuisance.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:02.  Pets. No pet kept in or visiting a facility may negatively affect the well-being of a resident.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          Cross-Reference: Physically disabled, blind, or deaf person's right to be accompanied by guide dog without extra charge, SDCL 20-13-23.2.

          44:77:02:03.  Cleaning methods and facilities. The facility shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, or disinfecting all work areas, equipment, utensils, and medical devices used by residents. Common use equipment shall be disinfected after each use.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:04.  Food service. An adult foster care home shall meet the safety and sanitation procedures for food service in §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive, in the Food Service Code. The facility shall have the space, equipment, supplies, and mechanical systems for efficient, safe, and sanitary food preparation. If an adult foster care home's food service is contracted out, the contractor shall be a licensed food service establishment that is inspected by a local, state, or federal agency.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(5) and (8).

          Law Implemented: SDCL 34-12-13(5) and (8).

          Note: Article 44:02, Lodging and Food Service, Administrative Rules of South Dakota, contains the Food Service Code and may be obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota 57501, telephone (605) 773-4935, for $4.14.

          44:77:02:05.  Nutrition requirements. A resident shall receive a minimum of three meals a day. Each meal shall include portions from each of the five basic food groups listed in the Myplate, "Dietary Guidelines for Americans," 2010, U.S. Department of Agriculture, or as otherwise prescribed by a physician, physician assistant, nurse practitioner, or qualified dietitian.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(8).

          Law Implemented: SDCL 34-12-13(8).

          Reference: Dietary Guidelines for Americans, 2010, United States Department of Agriculture. Copies may be viewed and printed free of charge at http//:www.dietaryguidelines.gov.

          44:77:02:06.  Food quality -- Storage. Food shall be free from spoilage and contamination and shall be safe for human consumption. Fluid milk and fluid milk products used or served shall be pasteurized. Unless its identity is unmistakable, a bulk food such as cooking oil, syrup, salt, sugar, or flour not stored in the product container or package in which it was obtained shall be stored in a container identifying the food by its common name.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(8).

          Law Implemented: SDCL 34-12-13(8).

          44:77:02:07.  Linen. The supply of bed linen and towels shall equal two times the licensed capacity. Each facility shall contract with commercial laundry services or the laundry service of another licensed health care facility for all common use linens if laundry services are not provided on the premises. The facility shall process laundry following the laundry equipment and cleaning agent recommendations. An adult foster care home providing laundry services shall have adequate space and equipment for the safe and effective operation of the laundry service.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:08.  Plumbing. An adult foster care home's plumbing system shall be designed and installed in accordance with SDCL 36-25-15 and 36-25-15.1. Plumbing shall be sized, installed, and maintained to carry required quantities of water to required locations throughout the adult foster care home. Plumbing may not constitute a source of contamination of food equipment or utensils or create an unsanitary condition or nuisance.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          Cross-References:

          Standards adopted for plumbing -- Conformity to National Code, SDCL 36-25-15.

          Scope and objectives of plumbing standards and rules, SDCL 36-25-15.1.

          44:77:02:09.  Water supply. The facility's water supply shall be obtained from a public water system or, in its absence, from a supply approved by the Department of Agriculture and Natural Resources. Any private water supply shall have a water sample bacteriologically tested at least monthly. The volume of water shall be sufficient for the needs of the adult foster care home. The hot water system shall be capable of supplying the work and resident areas with water at the required temperatures. Maximum hot water temperatures at plumbing fixtures used by clients may not exceed 125 degrees Fahrenheit (52 degrees centigrade). The minimum temperature of hot water for resident use shall be at least 100 degrees Fahrenheit (38 degrees centigrade).

          Source: 42 SDR 51, effective October 13, 2015; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

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

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

          44:77:02:10.  Occupant protection. Each facility shall be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to the occupants. The extent and complexity of occupant protection precautions is determined by the services offered and the physical needs of the residents admitted to the home. The home shall take at least the following precautions:

          (1)  Develop and implement a written and scheduled preventive maintenance program;

          (2)  Provide securely constructed and conveniently located grab bars in all toilet rooms and bathing areas used by residents;

          (3)  Provide grounded or double-insulated electrical equipment or protect the equipment with ground fault circuit interrupters. Ground fault circuit interrupters shall be provided in wet areas and for outlets within six feet of sinks;

          (4)  A portable space heater, portable halogen lamp, household-type electric blanket, or household-type heating pad may not be used in a home;

          (5)  A 2-A:10-B:C fire extinguisher shall be provided on each level;

          (6)  Any clothes dryer shall have a galvanized metal vent pipe for exhaust; and

          (7)  The storage and transfilling of oxygen cylinders or containers shall meet the requirements of the NFPA 99 Standard for Health Care Occupancies, 2012 Edition.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          Reference: NFPA 99 Health Care Facilities, 2012 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone: 1-800-344-3555. Cost: $93.00.

          44:77:02:11.  Physical plant changes. A facility shall submit any proposed change by new construction, remodeling, or change of use of an area to the department. Any change shall have the approval of the department before it is made. A written narrative describing the intended use of the proposed construction shall accompany the plans and specifications.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:12.  Insect and rodent control. An owner shall keep the home and premises free of rodents and insects. Any door or window used for outside ventilation shall have a screen.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:13.  Location. The location of the facility shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. The home shall be served by good, passable roads. Easy accessibility for caregivers, visitors, and fire-fighting services shall be maintained.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1), (3), and (14).

          Law Implemented: SDCL 34-12-13(1), (3), and (14).

          44:77:02:14.  Physical requirements of adult foster care homes. A facility shall meet the following physical requirements:

          (1)  A minimum of 200 square feet of floor space shall be available to the resident. This floor space shall include an easily accessible bathroom and a dining area sufficient to accommodate the resident and the adult foster care home owner's family at one setting;

          (2)  Sufficient sleeping space to accommodate comfortably the resident in care as well as the adult foster care home owner's family;

          (3)  Each exit pathway shall remain free of obstacles that would prevent mobility or escape during fire or other emergency;

          (4)  Each space occupied by people within a building and their approaches shall have artificial lighting at a level for general safety. Each bedroom shall have general lighting and night lighting; and

          (5)  A smoke detector with an audible alarm shall be located on each level of the building. The alarm shall be audible above the maximum normal noise level of the house. Each smoke detector shall be tested monthly. Each smoke detector shall be cleaned and the battery changed at least annually.

          A resident may not reside in an attic. A resident may reside in a finished basement where the living quarters, heating plant, and utility room are completely and safely segregated by one hour fire-resistant construction. Each resident shall be made aware of escape procedures.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:15.  Heating and cooling. The temperature in any occupied space in the facility shall be maintained between 68 and 80 degrees Fahrenheit (20 and 26.7 degrees Celsius) during waking hours and not lower than 64 degrees Fahrenheit (17.8 degrees Celsius) during sleeping hours. A resident's room may be maintained outside the required range if desired by the resident.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:16.  Reasonable accommodations. Accessible and usable accommodations shall be available to meet the needs of the resident with disabilities.

          Source: 42 SDR 51, effective October 13, 2015.

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

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

          44:77:02:17.  Other hazardous conditions. A facility may be directed to remove or correct other hazardous conditions not covered in this chapter if the department considers the conditions to have the potential to cause injury or illness to any resident or caregiver.

          Source: 42 SDR 51, effective October 13, 2015.

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

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