D.C. Mun. Regs. tit. 12, app 12-H-N r. 12-H-N101

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 12-H-N101 - GENERAL
N101.1

General.

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 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 N 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. be included in the calculation total.
N101.2

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 unit shall be included in the calculation total.

N101.3

Other requirements. The requirements of this Appendix N 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 District of Columbia Department of Health Child Development Facility Regulations, (Title 29 DCMR), and Title III of the Americans with Disabilities Act of 1990, 42 USC §§ 12101et seq.

N101.4

Sprinkler requirements. Home day care facilities located in existing dwelling units that are not protected by an automatic sprinkler system and that meet the requirements of Appendix N are not required to be protected by an automatic sprinkler system in accordance with Section R313 of the Residential Code and Section 903.2.8 of the Fire Code as applicable.

D.C. Mun. Regs. tit. 12, app 12-H-N r. 12-H-N101

Final Rulemaking published at 67 DCR 5679 (5/29/2020)