D.C. Mun. Regs. tit. 12, app 12-B-M r. 12-B-M101
Current through Register Vol. 71, No. 49, December 6, 2024
AM101.1General. This appendix shall apply to home day care facilities: (a) operated in dwelling units within existing detached one and two- family dwellings and townhouses within the scope of the Residential Code and within R- 3 dwellings, and (b) occupied by persons of any age who receive custodial care for less than twenty- four (24) hours by individuals other than parents or guardians or relatives by blood, marriage, or adoption, and in a place other than the home of the person cared for. Appendix M does not apply to the following: 1. Day care facilities that are classified as Group E or Group I-4 under the Building Code.2.Adult day care where any of the clients are incapable of self-preservation, unless such persons are cared for in rooms located on a level of exit discharge serving such rooms and each room has an exit door directly to the exterior.
3. A child day care facility within a dwelling unit that is located in a multi- family building classified as an R- 2 occupancy. AM101.2 Number of occupants. For purposes of this Appendix, the number of occupants of a dwelling unit used for home day care shall include care receivers, caregivers, residents and guests. Where a provision of this Appendix expressly refers to a number of children, children residing in the dwelling shall be included in the calculation total.AM101.3Other requirements. The requirements of this Appendix M shall not abrogate, or be deemed to abrogate, any other applicable legal requirements imposed on owners and operators of home day care facilities, including but not limited to the Zoning Regulations, Title 11 DCMR; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215, D.C. Official Code §§ 7-2031 et seq .) and regulations promulgated thereunder, including Chapter 3, Title 29 DCMR, and Title III of the Americans with Disabilities Act of 1990, 42 USC § 12181-12189 (Lexis 2017).AM101.4Sprinkler requirements. Home day care facilities located in a dwelling unit are required to be protected by an automatic sprinkler system in accordance with Section R313, except in the following circumstances: 1. The facilities were lawfully in existence on the date of adoption of this Appendix M; and2. The facilities otherwise meet the requirements of Appendix M.D.C. Mun. Regs. tit. 12, app 12-B-M r. 12-B-M101
Final Rulemaking published at 67 DCR 5679 (5/29/2020)