Section 12-B-M01. GENERAL

APPENDIX MHOME DAY CARE

 

M101GENERAL

 

M101.1  General. 

This appendix shall apply to a home day care operated within an existing detached one and two-family dwellings and townhouses within the scope of the Residential Code and 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 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.

 

M101.2  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.

 

M101.3  Other 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 District of Columbia Department of Health Child Development Facility Regulations, Title 29 DCMR, and Title III of the Americans with Disabilities Act of 1990, (Pub. L. No. 101-336, 104 Stat. 328 (1990)).

 

M101.4   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 M are not required to be protected by an automatic sprinkler system in accordance with Section R313.

 

 

authority

Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl. & 2016 Supp.)) and Mayor’s Order 2009-22, dated February 25, 2009.

source

Final Rulemaking published at 63 DCR 15739 (December 23, 2016).

EditorNote

The District of Columbia Residential Code (2013), referred to as the “Residential Code,” consists of the 2012edition of the International Residential Code for One- and Two-Family Dwellings, published by the International Code Council (ICC), as amended by the District of Columbia Residential Code Supplement (2013) (12 DCMR B). The International Residential Code is copyrighted by the ICC and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/irc/2012/index.htm?bu=IC-P-2012-000002&bu2=IC-P-2012-000019.