44:82:02:01. Sanitation. The community living home 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.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:02:02 Pets.

44:82:02:02. Pets. No pet kept in or visiting the community living home may negatively affect the well-being of any resident.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:02:03 Household furnishings.

44:82:02:03. Household furnishings. The owner or operator shall provide all basic and necessary household furnishings and supplies for the residents, including furniture; bedding; towels; kitchen furnishings such as pots, pans, dishes, and utensils; daily supplies such as toilet paper; and other items commonly found in a private residence.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:02:04 Plumbing.

44:82:02:04. Plumbing. The community living home's plumbing system shall be designed, installed, and operated in accordance with state and local laws and regulations.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:02:05 Water supply.

44:82:02:05. Water supply. The community living home'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 annually and the testing results shall be provided to the department at the time the test results are available. The volume of water shall be sufficient for the needs of the community living 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 residents 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: 44 SDR 66, effective October 17, 2017; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

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

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

Rule 44:82:02:06 Occupant protection.

44:82:02:06. Occupant protection. Each home shall be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to any occupant. The extent and complexity of occupant protection precautions are determined by the services offered and the physical needs of any resident admitted to the community living home. The community living home shall take at least the following precautions:

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

(2) 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;

(3) Any use of a portable space heater, portable halogen lamp, household-type electric blanket, or household-type heating pad shall be used in accordance with the manufacturers recommendations; and

(4) The storage and transfilling of oxygen cylinders or containers shall meet the requirements of the NFPA 99 Standard for Health Care Occupancies, 2012 Edition. A resident may store in the resident's room a maximum of three E-cylinders or 72 cubic feet (2.040 cubic meters) of oxygen on an as needed basis in addition to oxygen in use by the resident.

Source: 44 SDR 66, effective October 17, 2017.

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

Law Implemented: SDCL 34-12-13(1)(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: $67.05.

Rule 44:82:02:07 Physical plant changes.

44:82:02:07. Physical plant changes. The owner or operator shall submit any proposed change including significant new construction or remodeling of the home to the department. The department shall approve any significant change before it is made. A written narrative describing the proposed change shall be provided to the department. The department may require plans and specifications to be provided upon request.

Source: 44 SDR 66, effective October 17, 2017.

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.

Rule 44:82:02:08 Insect and rodent control.

44:82:02:08. Insect and rodent control. An owner or operator shall keep the community living home and premises free of rodents and insects. Any door or window used for outside ventilation shall have a screen.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:02:09 Location.

44:82:02:09. Location. The location of the community living home shall promote the health, comfort, safety, and well-being of its residents, and may not create barriers to integration and participation in the broader community. Easy access for care providers, visitors, first responders, and fire-fighting services shall be maintained.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:02:10 Reasonable accommodations.

44:82:02:10. Reasonable accommodations. Accessible and usable accommodations shall be available to meet the needs of residents with disabilities.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:02:11 Other hazardous conditions.

44:82:02:11. Other hazardous conditions. An owner or operator may be directed to remove or correct any hazardous condition not covered in this chapter if the department considers the condition to have the potential to cause injury or illness.

Source: 44 SDR 66, effective October 17, 2017.

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.

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