S.D. Admin. R. 44:70:03:02.01

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:70:03:02.01 - Staffing exception

Certain staffing exceptions for assisted living centers are allowed as follows:

(1) For each facility with ten beds or fewer, at least one staff person shall be on duty. The staff person may sleep at night if:

(a) The facility fire alarm promptly alerts staff;

(b) Exterior door alarms are audible in the staff bedroom;

(c) A staff call system is available;

(d) The staff bedroom has an egress window; and

(e) The residents have an evacuation score which shows them capable of prompt evacuation of three minutes or less as defined in §3.3.76, evacuation capability, of NFPA 101 Life Safety Code, 2012 edition;

(2) For each facility with eleven to sixteen beds, inclusive, at least one staff person who is awake shall be on duty if:

(a) The facility fire alarm promptly alerts staff;

(b) A staff call system is available; and

(c) The residents have an evacuation score which shows them capable of prompt evacuation of three minutes or less as defined in § 3.3.76, evacuation capability, of NFPA 101 Life Safety Code, 2012 edition;

(3) For each facility with sixteen beds or less, that is a stand-alone facility, at least one staff person who is awake shall be on duty if:

(a) The facility fire alarm promptly alerts staff;

(b) The facility is equipped with an automatic sprinkler system as defined in §9.7, automatic sprinklers, of NFPA 101 Life Safety Code, 2012 edition;

(c) An automatic fire alarm dialer as defined in §9.6.4, Emergency Forces Notification, of NFPA 101 Life Safety Code, 2012 edition, to summon the local fire department is provided;

(d) A staff call system is available; and

(e) The residents have an evacuation time which shows them capable of evacuation in five minutes or less;

(4) For each facility with sixteen beds or fewer, physically attached to a nursing facility or hospital, at least one staff person who is awake shall be on duty if:

(a) The facility fire alarm promptly alerts staff;

(b) The facility is equipped with an automatic sprinkler system, as defined in §9.7, automatic sprinklers, of NFPA 101 Life Safety Code, 2012 edition;

(c) An automatic fire alarm dialer as defined in §9.6.4, Emergency Forces Notification, of NFPA 101 Life Safety Code, 2012 edition, to summon the local fire department is provided;

(d) A fire annunciator panel is provided at the nursing facility or hospital nurses station;

(e) A call system is available; and

(f) The residents have an evacuation time which shows them capable of evacuation in eight minutes or less; and

(5) For each facility with seventeen to twenty-five beds, physically attached directly to a nursing home or hospital, one staff person who is awake is required during sleeping hours from 10:00 p.m. to 6:00 a.m. if:

(a) The facility fire alarm promptly alerts staff;

(b) The facility is equipped with an automatic sprinkler system, as defined in §9.7, automatic sprinklers, of NFPA 101 Life Safety Code, 2012 edition;

(c) An automatic fire alarm dialer as defined in §9.6.4, Emergency Force Notification, of NFPA 101 Life Safety Code, 2012 edition, to summon the local fire department is provided;

(d) The fire alarm annunciator panel is provided at the nursing facility or hospital staff station;

(e) The residents have an evacuation time which shows them capable of evacuation in eight minutes or less;

(f) An approved call system is provided in accordance with subdivision 44:70:02:17(3) and staff carries a device that registers an audible and visual signal if the call system is activated;

(g) The building is a single story;

(h) Each resident is capable of self-preservation and requires limited assistance of one staff;

(i) The facility has a plan in place to increase staffing during times of resident illnesses;

(j) The facility has exit alarms; and

(k) The staff person carries a device that can summon assistance from the attached nursing home or hospital.

S.D. Admin. R. 44:70:03:02.01

22 SDR 70, effective 11/19/1995; 24 SDR 90, effective 1/4/1998; 26 SDR 96, effective 1/23/2000; 27 SDR 59, effective 12/17/2000; 29 SDR 81, effective 12/11/2002; 31 SDR 62, effective 11/7/2004; transferred from; 46 SDR 065, effective 11/26/2019; 50 SDR 019, effective 8/30/2023

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

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

NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained at https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards. Cost: $151.50.