D.C. Mun. Regs. tit. 12, r. 12-H319

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 12-H319 - DAY CARE FACILITIES IN DWELLING UNITS

Insert a new Section 319 into the Fire Code to read as follows:

319.1

Fire safety inspection required. No day care facility located in a dwelling unitshall be operated without a fire safety inspection conducted by the code official prior to commencement of operations and annually thereafter.

319.2

Day care homes in 1-or 2-family homes or townhouses. Day care facilities that are 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, shall comply with the fire safety provisions in Appendix N. Appendix N shall 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.

319.3

Day care homes in multi-family buildings. Day care facilities located in a dwelling unit within a multi- family building classified as an R-2 occupancy are prohibited.

Exception: Where, on or before December 16, 2016, a day care facility was legally operating in the dwelling unit pursuant to a child development home license issued by the Office of the State Superintendent of Education, provided that:

(a) the dwelling unit is not located above the third floor of the R- 2 building or, if operating above the third floor, the building is equipped throughout with an automatic sprinkler system that complies with Section 903.2.8; and

(b) the Fire Code Official has conducted an annual fire safety inspection of the child development home.

D.C. Mun. Regs. tit. 12, r. 12-H319

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