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Rule 44:70:03:02.01 Staffing exception during sleeping hours.

          44:70:03:02.01.  Staffing exception during sleeping hours. Certain staffing exceptions for assisted living centers during sleeping hours are allowed as follows:

 

          (1)  For each facility with ten beds or less, one staff person in the facility is required during sleeping hours. This staff person may sleep 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 (three minutes or less) as defined in § 3.3.70, evacuation capability, of NFPA 101 Life Safety Code, 2009 edition;

 

          (2)  For each facility with 11 to 16 beds, inclusive, one staff person who is awake is required during sleeping hours 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 (three minutes or less) as defined in § 3.3.70, evacuation capability, of NFPA 101 Life Safety Code, 2009 edition;

 

          (3)  For each facility with 16 beds or less, that is a stand-alone facility, one staff person who is awake is required during the sleeping hours 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, 2009 edition;

               (c)  An automatic fire alarm dialer as defined in § 9.6.4, Emergency Forces Notification, of NFPA 101 Life Safety Code, 2009 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 16 beds or less, physically attached to a nursing facility or hospital, one staff person who is awake is required during sleeping hours 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, 2009 edition;

               (c)  An automatic fire alarm dialer as defined in § 9.6.4, Emergency Forces Notification, of NFPA Life Safety Code, 2009 edition, to summon the local fire department is provided;

               (d)  A fire annunicator 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;

 

          (5)  For each facility with 17 to 25 beds, inclusive, 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, 2009 edition;

               (c)  An automatic fire alarm dialer as defined in § 9.6.4, Emergency Force Notification, of NFPA 101 Life Safety Code, 2009 edition, to summon the local fire department is provided;

               (d)  The fire alarm annunciate 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 the provisions of 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.

 

          Source: 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:03:02.01, 38 SDR 115, effective January 9, 2012.

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

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

 

          Reference: NFPA 101 Life Safety Code, 2009 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: $76.50.

 


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