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CHAPTER 61:15:05

DAY CARE CENTER CONSTRUCTION REQUIREMENTS

Section

61:15:05:01       Definition of day care center.

61:15:05:02       Responsibility of day care proprietors.

61:15:05:03       Approval of proposed construction required.

61:15:05:04       Construction requirements.

61:15:05:05       Exit requirements.

61:15:05:06       Floor covering requirements.

61:15:05:07       Interior finish.

61:15:05:08       Fire alarm requirements.

61:15:05:09       Automatic fire sprinkler requirements.

61:15:05:10       Portable fire extinguishers.

61:15:05:11       Boiler and furnace room protection.

61:15:05:12       Latches and locks.

61:15:05:13       Electrical receptacle protection.

61:15:05:14       Space heaters.

61:15:05:15       Basement requirements.


          61:15:05:01.  Definition of day care center. A day care center is any facility as defined in SDCL 26-6-14(3) providing group care and supervision for 21 or more children.

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

          General Authority:SDCL 34-29B-2.

          Law Implemented:SDCL 34-29B-2.


          61:15:05:02.  Responsibility of day care proprietors. A day care proprietor intending to alter, remodel, or build new facilities to be used for 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.


          61:15:05:03.  Approval of proposed construction required. A 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 shall be drawn to scale and shall 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; 33 SDR 113, effective January 2, 2007.

          General Authority: SDCL 34-29B-2.

          Law Implemented: SDCL 34-29B-2.

 


          61:15:05:04.  Construction requirements. New construction of and any addition to a day care center, remodeling of an existing day care center, and remodeling of any existing building to be used as a day care center 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.

 


          61:15:05:05.  Exit requirements. A day care center or each level of a day care center where the occupant load exceeds ten must have at least two remote exits that meet the requirements set forth in chapter 10 of the International Building Code, 2015 edition. The two required exits must discharge directly to the outside and must swing in the direction of exit travel when the occupant load exceeds 50. Exiting for any existing day care center must conform to the provisions of chapter 10 of the International Fire Code, 2015 edition. Exit illumination and signs shall be installed and maintained in accordance with sections 1006 and 1008 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.

 

          References: 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.

 

          International Fire Code, 2015 edition, International Code Council. Copies may be obtained from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478; $92.00 for members and $123.00 for nonmembers. Telephone: 1-888-422-7233.

 


          61:15:05:06.  Floor covering requirements. Interior floor finish materials in a day care center must 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. 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 existing facilities.

 

          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.

 


          61:15:05:07.  Interior finish. Interior wall and ceiling finish for both new construction and any existing day care facility shall comply with chapter 8 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.

 


          61:15:05:08.  Fire alarm requirements. Each day care center shall be provided with a fire alarm system. Initiation of the fire alarm system shall be by manual pull stations and by operation of any required smoke detector. Smoke detectors shall be placed in each stairwell and in the corridors of all floors containing the day care center. Detectors shall also be installed in lounges, recreation areas, and sleeping rooms. Smoke detectors shall be installed in accordance with the manufacturer's recommendation and NFPA 72, "National Fire Alarm Code," 2013 edition. The alarm shall sound an audible alarm both inside and outside of the center. The requirements of this section apply to both a new and an existing day care facility. The time limit for an existing facility to comply with the requirements of this section shall be determined by the inspector based upon the financial situation of the center and the existing level of life safety. No time limit may exceed 18 months.

 

          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: 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.

 


          61:15:05:09.  Automatic fire sprinkler requirements. An automatic sprinkler system must be installed when a basement utilized as a day care center exceeds 1,500 square feet in area. An automatic sprinkler system must be installed throughout the entire structure when a day care use occurs on a second story. An automatic sprinkler system must be installed in each day care center offering 24-hour care. The operation of any required automatic sprinkler system must automatically activate the fire alarm system. This section applies to new construction and any change of use.

 

          Source: 18 SDR 107, effective January 1, 1992; 33 SDR 113, effective January 2, 2007.

          General Authority: SDCL 34-29B-2.

          Law Implemented: SDCL 34-29B-2.

 


          61:15:05:10.  Portable fire extinguishers. Portable fire extinguishers must be provided on each level of a day care center 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.


          61:15:05:11.  Boiler and furnace room protection. In new and existing day care facilities, 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.

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

          General Authority:SDCL 34-29B-2.

          Law Implemented:SDCL 34-29B-2.


          61:15:05:12.  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.


          61:15:05:13.  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.


          61:15:05:14.  Space heaters. 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.


          61:15:05:15.  Basement requirements. Any usable space under the first story of a day care center shall be enclosed. If the construction of the floor joists separating the basement from the first story consists of metal or wood, the framing shall be enclosed on the basement side. Any basement used exclusively for service of the building may have one exit. Storage rooms, laundry rooms, maintenance offices, and similar uses are not considered as providing service to the building. If the basement is used for any purpose, such as storage, two means of exiting from the basement are required.

 

          Source: 18 SDR 107, effective January 1, 1992; 37 SDR 235, effective June 28, 2011.

          General Authority: SDCL 34-29B-2.

          Law Implemented: SDCL 34-29B-2.

 


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