Administrative Rule 44:69:08 | South Dakota Legislature

44:69:08:01. Application of chapter. This chapter applies to all birth centers and to renovations, additions, and changes in space use of currently approved existing birth centers. Accessible and usable accommodations shall be available to the public, staff, and clients with disabilities. Minimum requirements, except as noted in this chapter, are those in the "2010 ADA Standards of Accessible Design", Department of Justice, September 15, 2010.

Each birth center shall comply with NFPA 101 Life Safety Code, 2009 edition. Each birth center shall also comply with the building construction standards of the International Building Code, 2009 edition. Each birth center with two or fewer beds shall meet the provisions of Lodging and Rooming Houses in the Life Safety Code. Each birth center with three or more beds shall meet New Health Care Occupancies in the Life Safety Code.

An automatic sprinkler system is not required for a birth center with two or fewer beds. For each birth center with two or fewer beds, a 2-A:10-B:C fire extinguisher shall be provided on each level.

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-1-17(4), 34-12-62(1), (5), (6), and (13).

Law Implemented: SDCL 34-12-62(1), (5), (6), and (13).

References: "2010 ADA Standards for Accessible Design, Department of Justice", September 15, 2010. Copies may be obtained from the Rocky Mountain Disability and Business Technical Assistance Center, Colorado Springs, CO 80907. Phone: 1-800-949-4232. Cost: $15.

NFPA 101 Life Safety Code, 2009 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: $76.50.

International Building Code, 2009 edition. Copies may be obtained from International Conference of Building Officials, Phone 1-800-786-4452. Order@iccsafe.org. Cost: $85.50.

Rule 44:69:08:02 Submittal of plans.

44:69:08:02. Submittal of plans. No construction may begin until plans and specifications covering the construction of new buildings and additions or material alterations to existing buildings are approved by the department. A written narrative describing the intended use of the proposed construction shall accompany the plans and specifications.

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-12-62(1), (5), (6), and (13).

Law Implemented: SDCL 34-12-62(1), (5), (6), and (13).

Rule 44:69:08:03 Birth rooms for birth centers with two or fewer beds.

44:69:08:03. Birth rooms for birth centers with two or fewer beds. Each birth room in a birth center with two or fewer beds shall meet the following requirements:

(1) Each birth room shall be a minimum of 120 square feet (10.05 square meters) including the newborn area;

(2) At least one birth room shall be wheelchair accessible;

(3) Each birth room shall have an egress window to the outside;

(4) A work station and handwashing sink shall be in close proximity to each birth room. Handwashing facilities shall be equipped with hands-free controls and have a water supply spout mounted so that the discharge is a minimum five inches above the rim of the fixture;

(5) Each birth room shall be equipped with battery operated emergency lighting and protective lamp covers; and

(6) Each birth room shall have available oxygen and suction. Use of portable equipment is permitted.

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-12-62(1) and (5).

Law Implemented: SDCL 34-12-62(1) and (5).

Rule 44:69:08:04 Birth rooms for birth centers with three or more beds.

44:69:08:04. Birth rooms for birth centers with three or more beds. Each birth room in a birth center with three or more beds shall meet the following requirements:

(1) Each birth room shall be a minimum of 200 square feet (18.40 square meters) including the newborn area;

(2) Each birth room shall be equipped with a handwashing station with hands-free operators;

(3) Each birth room shall have direct access to a private bathroom equipped with a handwashing sink, toilet, and shower or tub;

(4) Each birth room shall be equipped with a vinyl floor surface;

(5) Each birth room shall have adequate lighting with protective covers to prevent lamp from shattering;

(6) Each birth room shall be equipped with battery operated emergency lighting;

(7) Each birth room shall be located to ensure privacy during occupancy for labor, birth, and postpartum care until discharge from the center;

(8) Each birth room shall be located out of the path of traffic and under direct supervision of birth center staff;

(9) Each birth room shall have available oxygen and suction. Use of portable equipment is permitted;

(10) Each birth room shall be provided with subdued indirect lighting and special lighting capable of providing at least 700 foot-candles in the delivery and newborn care area; and

(11) If an elevator is provided, the elevator shall be equipped with a cab with a minimum dimensions of five feet eight inches wide by seven feet six inches deep (1.73 meters wide by 2.29 meters deep).

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-12-62(1) and (5).

Law Implemented: SDCL 34-12-62(1) and (5).

Rule 44:69:08:05 Services area in care area for birth centers with three or more beds.

44:69:08:05. Services area in care area for birth centers with three or more beds. Each birth center with three or more beds shall contain a service area that includes the following:

(1) Office space shall be located in the birth center unless the provider's professional office is attached;

(2) A reception and administration area shall be located to control and monitor access to the birth center;

(3) A staff work area with counter and storage;

(4) A medication preparation room with work counter, counter sink, lockable refrigerator, and locked storage for medications;

(5) A nourishment area with a work counter, counter sink, refrigerator, storage cabinets, and equipment for hot and cold nourishment;

(6) Each center shall have equipment to provide ice for treatment and nourishment;

(7) A clean workroom shall be separate from and have no direct connection with soiled workrooms or soiled holding rooms and shall be equipped with a work counter, hand-washing station, and storage for clean and sterile supplies and equipment;

(8) A soiled workroom shall contain a clinical sink, hand-washing station, and work counter and space to separate covered containers for soiled linen and a variety of waste types;

(9) An environmental services room shall be provided for the exclusive uses of the birth center;

(10) A staff lounge;

(11) Securable lockers, closets, and cabinets compartments for the personal articles for staff shall be provided near the staff work areas;

(12) At least 20 square feet (1.86 square meters) of general storage shall be provided for each birth room; and

(13) Corridors shall have a width of at least five feet (1.52 meters).

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-12-62(1) and (13).

Law Implemented: SDCL 34-12-62(1) and (13).

Rule 44:69:08:06 Water supply.

44:69:08:06. Water supply. The birth center'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 birth center, including firefighting requirements. The hot water system shall be capable of supplying the work and client 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 client use shall be at least 100 degrees Fahrenheit (38 degrees centigrade).

Source: 38 SDR 115, effective January 9, 2011; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

General Authority: SDCL 34-12-62(1) and (13).

Law Implemented: SDCL 34-12-62(1) and (13).

Rule 44:69:08:07 Plumbing.

44:69:08:07. Plumbing. A birth center'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 birth center. Plumbing may not constitute a source of contamination of food equipment or utensils or create an unsanitary condition or nuisance.

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-12-62(1), (6), and (13).

Law Implemented: SDCL 34-12-62(1), (6), and (13)

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.

Rule 44:69:08:08 Ventilation.

44:69:08:08. Ventilation. Electrically powered exhaust ventilation shall be provided in all soiled areas, wet areas, and toilet rooms. Clean storage rooms may also be ventilated by supplying and returning air from the building's air-handling system.

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-12-62(1) and (13).

Law Implemented: SDCL 34-12-62(1) and (13).

Rule 44:69:08:09 Heating and cooling.

44:69:08:09. Heating and cooling. The temperature in any occupied space in the birth center shall be maintained between 68 and 80 degrees Fahrenheit during waking hours and not lower than 64 degrees Fahrenheit during sleeping hours. A client's room may be maintained outside the required range if desired by the client.

Source: 38 SDR 115, effective January 9, 2011.

General Authority: SDCL 34-12-62(1) and (13).

Law Implemented: SDCL 34-12-62(1) and (13).

Online Archived History:

There are currently no online archives for this rule.