5835440 Consumer and Regulatory Affairs, Department of - Notice of Proposed Rulemaking - 12A DCMR (Child Development Homes)

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
CONSTRUCTION CODES COORDINATING BOARD

 

NOTICE OF PROPOSED RULEMAKING

 

The Chairperson of the Construction Codes Coordinating Board (Chairperson), pursuant to the authority set forth in 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. & 2015 Supp.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended, hereby gives notice of the intent to adopt the following amendments to Title 12 (D.C. Construction Codes Supplement of 2013) of the District of Columbia Municipal Regulations (DCMR).

 

This proposed rulemaking would (1) revise provisions in the 2013 District of Columbia Building Code, the 2013 District of Columbia Fire Code and the 2013 District of Columbia Residential Code to clarify fire and life safety regulations for the operation of child development homes and expanded child development homes as home occupations in the District of Columbia; (2) revise provisions in the 2013 District of Columbia Building Code, the 2013 District of Columbia Fire Code and the 2013 District of Columbia Property Maintenance Code to clarify the authority of the code official to take emergency measures where there is imminent danger; and (3) revise the 2013 District of Columbia Building Code to clarify and coordinate the relationship between the 2013 District of Columbia Construction Codes and the Flood Hazard Rules set forth in 20 DCMR, Chapter 31, for projects located in Special Flood Hazard Areas.

 

To clearly show the changes being made to the Construction Codes Supplement, additions are shown in underlined text and deletions are shown in strikethrough text.

 

The process for submitting comments on the proposed rulemaking is detailed on the final page of this Notice.

 

The Chairperson also hereby gives notice of the intent to take final rulemaking action to adopt this amendment. Pursuant to Section 10(a) of the Act, the proposed amendment will be submitted to the Council of the District of Columbia for a forty-five (45) day period of review, and final rulemaking action will not be taken until the later of thirty (30) days after the date of publication of this notice in the D.C. Register or Council approval of the amendment.

 

Title 12 DCMR, DISTRICT OF COLUMBIA CONSTRUCTION CODES SUPPLEMENTS OF 2013, is amended as follows:

 

Title 12-A DCMR, BUILDING CODE SUPPLEMENT OF 2013, is amended as follows:

 

Insert new Section 101.3.3.1 in the 2013 District of Columbia Building Code to read as follows:

 

101.3.3.1 Home Day Care.  Appendix M of the Residential Code shall apply to home day care, including Child Development Homes where oversight is provided by the Office of the State Superintendent of Education or a successor agency, where:

 

1.         The home day care is provided in detached one and two-family dwellings or townhouses within the scope of the Residential Code; and

2.          

2. The home day care is legally operated as a home occupation under the Zoning Regulations.

 

Add new Sections 104.9.4.1 and 104.9.4.2 to the 2013 District of Columbia Building Code to read as follows:

 

104.9.4.1 Additional Requirements for Manufactured Homes in Special Flood Hazard Areas. Manufactured Homes in Special Flood Hazard Areas shall also comply with the requirements of Section 3107 of Title 20 DCMR. New and replacement manufactured homes to be located in flood hazard areas as established in Table R301.2(1) of the Residential Code are also required to meet the applicable requirements of Section R322 of the Residential Code.

 

109.4.2 Recreational Vehicles in Special Flood Hazard Areas. If a recreational vehicle is placed in a Special Flood Hazard Area for 180 or more consecutive days and such recreation vehicle is not ready for highway use, a permit shall be obtained from the Department pursuant to Section 105 and shall comply with the Floodplain Management Regulations. 

 

Add new Sections 104.10.4, 104.10.4.1, and 104.10.4.2 to the 2013 District of Columbia Building Code to read as follows:

 

104.10.4 Floodplain Management Regulations.  The Floodplain Management Regulations shall apply to all proposed development in Special Flood Hazard Areas.

 

104.10.4.1 Incorporation of Flood Hazard Rules By Reference. The Flood Hazard Rules contain certain provisions, including, but not limited to, Sections 3102.3, 3103, 3104, 3106, 3107 and 3108 of Title 20 DCMR, that apply to the design and construction of buildings and structures in Special Flood Hazard Areas. These provisions are intended to be administered and enforced by the Department.  To facilitate this administration and enforcement, those provisions of the Flood Hazard Rules that apply to the design and construction of buildings and structures in a Special Flood Hazard Area are incorporated into and become a part of the Construction Codes by this reference.

 

104.10.4.2 Variances. Requests for a variance from the Flood Hazard Rules shall be granted pursuant to and in accordance with Section 3108 of Title 20 DCMR.

 

Revise Section 105.1.6 of the 2013 District of Columbia Building Code to read as follows:

 

105.1.6 Licensing Requirements. Electrical, mechanical, plumbing, elevator and fuel work requiring a permit shall be performed, as applicable, by a licensed electrician, plumber, gas-fitter, elevator mechanic, elevator contractor and/or refrigeration and air-conditioning mechanic licensed pursuant to D.C. Official Code §§ 47- 2853.01 et seq. (2012 Repl.)

 

Revise Section 105.1.9 of the 2013 District of Columbia Building Code to read as follows:

 

105.1.9 Posting of Permit. The permit, or a copy thereof, shall be kept on the work site and conspicuously displayed at a location visible from the street until the completion of the project. Public information deemed relevant by the code official for all permits issued by the Department shall be published on the Department’s website.

 

Add new Section 105.3.12 to the 2013 District of Columbia Building Code to read as follows:

 

105.3.12 Permit Applications in Special Flood Hazard Areas.  An applicant for a building permit in a Special Flood Hazard Area shall comply with the Floodplain Management Regulations.

 

Revise Section 116 of the 2013 District of Columbia Building Code to read as follows:

 

116                  EMERGENCY MEASURES

 

116.1               Imminent Danger - Emergency Authority. When an emergency exists, the The code official is hereby authorized and empowered to take such actions as the code official deems necessary to meet such emergency in accordance with this Section 116. An emergency shall exist order and require the occupants to vacate the premises forthwith when, in the opinion of the code official there is imminent danger due to an unsafe building, structure or condition including, but not limited to: of failure or collapse or potential collapse of a building or other structure which endangers life; or when the health or safety of occupants of the premises or those in the proximity of the premises is immediately endangered by an unsanitary condition or the operation of defective or dangerous equipment; or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure; or when there is actual or potential danger to the building occupants, or those in the proximity of any structure because of the presence of explosives; explosive fumes or vapors; or toxic fumes, gases, or materials; or other hazardous or toxic conditions.  The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the [code official].”  It shall be unlawful for any person to enter such structure so posted except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same.

 

116.2               Emergency Work Temporary Safeguards.  Whenever, in the opinion of the code official, an emergency exists, there is imminent danger due to an unsafe condition, the code official is authorized to shall order the necessary work to be done (including, but not limited to, temporary safeguards, repairs, demolition, or razing) to render such structure temporarily safe whether or not the legal procedure herein described has been instituted and is authorized shall further cause such other action to be take to take such other action as the code official deems necessary to meet such emergency. For the purposes of this Section 116, the code official is authorized to employ the necessary labor and materials to perform the necessary emergency work as expeditiously as possible.

 

                        116.2.1 Historic Buildings. Prior to undertaking emergency work on any building or other structure that is listed (either as an individual listing or as a contributing resource to a listed historic district) in the D.C. or National Register of Historic Places, the code official shall consult with the State Historic Preservation Officer as required by D.C. Official Code §§ 6-801 and 6-802 (2012 Repl. & 2015 Supp.).

 

116.3               Closing Streets.  When necessary for the public safety, the code official is authorized to temporarily close sidewalks, streets, buildings, other structures, and places adjacent to such unsafe structure, and prohibit them from being used.

 

116.4               Occupied Premises. When in the opinion of the code official an emergency exists, the code official is authorized to order any occupants of the premises to vacate the premises within the time period specified by the code official, subject to the provisions of Section 116.6 for tenants and occupants of residential premises.

 

                        Emergency Repairs.  For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

 

116.5               Costs of Emergency Work Repairs.  Where the code official causes emergency work to be done pursuant to Section 116.2 or Section 116.4, the costs incurred in the performance of emergency work, and expenses incident thereto, shall be paid from appropriations of the District of Columbia on certification of the code official and shall be assessed as a tax against the property on which the emergency work or repairs were performed, carried as a tax on the regular tax rolls, and collected in the same manner as real estate taxes are collected.  Nothing herein shall be deemed to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code § 42-3131.01 (2012 Repl. & 2015 Supp.).

 

116.5.1 Additional costs of emergency work repairs. Costs of emergency work repairs shall also be deemed to include, but are not limited to, costs associated with cleaning the premises to comply with the Construction Codes, utility removal or disconnection costs, court costs, fines, and penalties.  If the code official determines that no other shelter is available to tenants or occupants removed from residential premises pursuant to this Section 116, the code official has discretion to assess all expenses incident to tenant relocation as a cost of emergency repairs, including, but not limited to, temporary housing, security deposits and the first month’s rent if required.

 

116.6               Special Provisions Applicable to Residential Premises. 

 

116.6.1 Copies of Notices and Orders.  The code official shall provide tenants of residential premises with copies of notices and orders issued pursuant to this Section 116 in accordance with Section 113.2.1.3.  The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in Section 113.2.1.3.

 

116.6.2 Building Closures. Where the code official posts a closure or imminently dangerous notice or order pursuant to this Section 116 in a residential premises, the code official is authorized to order all tenants or occupants to vacate the imminently dangerous structure or dwelling unit.  The notice or order shall include the time by which the premises must be vacated, provided that tenants and occupants shall be given at least 24 hours to vacate, unless the code official determines that tenants and occupants must leave the premises immediately for their personal safety.  If any tenant or occupant fails to vacate the structure or unit within the time specified in the notice or order, the code official is authorized to order removal of the tenant or occupant from the structure or unit.

 

116.6.1 Other Rental Housing Provisions.  The removal of tenants from imminently dangerous premises, or the service of an order to vacate, pursuant to this Section 116 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl. & 2015 Supp.).  Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under D.C. Official Code, Title 42, Chapter 34 (2012 Repl. & 2015 Supp.).

 

116.7               Appeals. Imminent danger notices and orders, and other orders and notices issued pursuant to this Section 116, are appealable to OAH pursuant to Section 112.2.1, but any appeal shall not stay the enforcement of the notice or order.  Any person ordered to take emergency measures or actions shall comply with such order forthwith within the time period specified by the code official.  The expedited hearing procedures set forth in Section 112.2.3 shall not apply to orders and notices issued pursuant to this Section 116.

 

Add new definitions to Section 202 of the 2013 District of Columbia Building Code to read as follows:

 

FLOOD HAZARD RULES. The provisions of Chapter 31 of Title 20 DCMR.

 

FLOODPLAIN MANAGEMENT REGULATIONS. The Flood Hazard Rules in combination with the flood protection provisions of the Construction Codes, including but not limited to flood load and flood resistant construction requirements in the Building Code, Residential Code and Existing Building Code.

 

Title 12-B DCMR, RESIDENTIAL CODE SUPPLEMENT OF 2013, is amended as follows:

 

Revise Appendix M of the 2013 District of Columbia Residential Code to read as follows:

 

APPENDIX M   HOME DAY CARE-R-3 OCCUPANCY

 

SECTION AM101    GENERAL 

AM101.1 General. 

This appendix shall apply to a home day care operated within an existing detached one and two-family dwellings and townhouses. It is to include buildings and structures within the scope of regulated by 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:

 

Exceptions:

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.

 

AM101.2 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.

 

AM101.3 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)).

 

AM101.4  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.

 

SECTION AM102  DEFINITION

EXIT. That portion of a means of egress system between the exit access and the exit discharge or public way.  Exit components include exterior exit doors at the level of exit discharge, interior exit stairways, interior exit ramps, exit passageways, exterior exit stairways and exterior exit ramps and horizontal exits.

 

EXIT ACCESS. That portion of a means of egress system that leads from any occupied point in a building or structure to an exit.

 

EXIT DISCHARGE, LEVEL OF. The story at the point at which the exit terminates and the exit discharge begins.

 

MEANS OF EGRESS.A continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to the exterior at grade.  A means of egress consists of three separate and distinct parts:  the exit access, the exit and the exit discharge.

 

SECTION AM103 MEANS OF EGRESS

AM103.1 Exits required. 

If the occupant load of the residence is more than nine, including those who are residents, during the time of operation of the day care, two exits are required from the ground-level story. Two exits are required from a home day care operated in a manufactured home regardless of the occupant load. Exits shall comply with Section R311.

 

AM103.1.1 Exit access prohibited. 

An exit access from the area of day care operation shall not pass through bathrooms, bedrooms, closets, garages, fenced rear yards or similar areas. 

Exception: An exit may discharge into a fenced yard if the gate or gates remain unlocked during day care hours. The gates may be locked if there is an area of refuge located within the fenced yard and more than 50 feet (15 240 mm) from the dwelling. The area of refuge shall be large enough to allow 5 square feet (0.5 m²) per occupant.

 

AM103.1.2 Basements. If the basement of a dwelling is to be used in the day care operation, two exits are required from the basement regardless of the occupant load. One of the exits may pass through the dwelling and the other must lead directly to the exterior of the dwelling. 

Exception: An emergency and escape window complying with Section R310 and which does not conflict with Section AM103.1.1 may be used as the second means of egress from abasement.

 

AM103.1 Means of egress.  The means of egress from each level of the one and two family dwelling unit used as a home day care occupancy shall comply with this section.

 

AM103.1.1 Below grade level.  Below grade levels shall be provided with two means of egress, one of which shall consist of an exit door that provides direct access to the exterior.

 

Exception:  One and two family dwelling units used as a home day care occupancy where the occupancy is equipped throughout with an automatic sprinkler system in accordance with Section R313 shall provide an exit door that provides direct access to the exterior.

 

AM103.1.2 At grade level nine occupants or less.  At grade levels with an occupant load of nine or less shall be provided with an exit door that provides direct access to the exterior and a means of escape in compliance with Section R310.

 

Exception:  One and two family dwelling units used as a home day care occupancy equipped with an automatic sprinkler system in accordance with Section R313 need only provide an exit door that provides direct access to the exterior.

 

AM103.1.3 At grade level more than nine occupants.  At grade levels with an occupant load of more than nine shall be provided with two means of egress one of which shall be an exit door that provides direct access to the exterior.

 

AM103.1.4 Second story nine occupants or less.  The second story with an occupant load of nine or less shall be provided with a means of exit access and a means of escape in compliance with Section R310.

 

AM103.1.5 Second story more than nine occupants.  The second story with an occupant load of more than nine shall be provided with two means of egress one of which shall be an exit door that provides direct access to the exterior.

 

Exception:  One and two family dwelling units used as a home day care occupancy equipped with an automatic sprinkler system in accordance Section R313 need only provide a means of exit access and a means of escape in compliance with Section R310.

 

AM103.1.6 Third story. The third story shall not be used for as a home day care occupancy.

 

Exception: Where the dwelling used for home day care is equipped throughout with an automatic sprinkler system in accordance with Section R313 and the third story is provided with a means of exit access and a means of escape in compliance with Section R310.

 

AM103.2 Yards.  If the yard is to be used as part of the home day care operation it shall be fenced in accordance with AM103.2.

 

AM103.2.1 Type of fence and hardware. The fence shall be of durable materials and be at least 6 feet (1529 mm) tall, completely enclosing the area used for the day care operations. Each opening shall be a gate or door equipped with a self-closing and self-latching device to be installed at a minimum of 5 feet (1528 mm) above the ground. 

 

Exception: The door of any dwelling which forms part of the enclosure need not be equipped with self-closing and self-latching devices.

 

AM103.2.2 Construction of fence. Openings in the fence, wall or enclosure required by this section shall have intermediate rails or an ornamental pattern that do not allow a sphere 4 inches (102 mm) in diameter to pass through. In addition, the following criteria must be met:

 

1. The maximum vertical clearance between grade and the bottom of the fence, wall or enclosure shall be 2 inches (51 mm).

 

2. Solid walls or enclosures that do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions, except for tooled masonry joints.

 

3. Maximum mesh size for chain link fences shall be 1¹/₄ inches (32 mm) square, unless the fence has slats at the top or bottom which reduce the opening to no more than 1³/₄inches (44 mm). The wire shall not be less than 9 gage [0.148 inch (3.8 mm)].

 

AM103.2.3. Decks. Decks that are more than 12 inches (305 mm) above grade shall have a guard in compliance with Section R312.

 

AM103.2 Width and height of an exit. 

The minimum width of a required exit is 36 inches (914 mm) with a net clear width of 32 inches (813 mm). The minimum height of a required exit is 6 feet, 8 inches (2032 mm). 

AM103.3 Type of lock and latches for exits.  Regardless of the occupant load served, exit doors shall be capable of being opened from the inside without the use of a key or any special knowledge or effort. When the occupant load is 10 or less, a night latch, dead bolt or security chain may be used, provided such devices are capable of being opened from the inside without the use of a key or tool, and mounted at a height not to exceed 48 inches (1219 mm) above the finished floor.

AM103.4 Landings. Landings for stairways and doors shall comply with Section R311, except that landings shall be required for the exterior side of a sliding door when a home day care is being operated in the dwelling in a Group R-3 occupancy.

 

SECTION AM104  SMOKE DETECTION 

 

AM104.1 General. 

Smoke alarms shall be installed in all dwellings used for home day care.  Smoke alarms shall be installed in accordance with Section R313.  In addition to the locations required by Section R313 smoke alarms shall be installed in all areas used for napping.

 

Smoke detectors shall be installed in dwelling units used for home day care operations. Detectors shall be installed in accordance with the approved manufacturer’s instructions. If the current smoke detection system in the dwelling is not in compliance with the currently adopted code for smoke detection, it shall be upgraded to meet the currently adopted code requirements and Section AM103 before day care operations commence. 

AM104.2 Power source. 

Required smoke detectors shall receive their primary power from the building wiring when that wiring is served from a commercial source and shall be equipped with a battery backup. The detector shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Required smoke detectors shall be interconnected so if one detector is activated, all detectors are activated. 

AM104.3 Location. 

A detector shall be located in each bedroom and any room that is to be used as a sleeping room, and centrally located in the corridor, hallway or area giving access to each separate sleeping area. When the dwelling unit has more than one story, and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story orbasement is split into two or more levels, the smoke detector shall be installed on the upper level, except that when the lower level contains a sleeping area, a detector shall be installed on each level. When sleeping rooms are on the upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms or sleeping areas exceed that of the hallway by 24 inches (610 mm) or more, smoke detectors shall be installed in the hallway and the adjacent room. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located.

 

SECTION AM105 CARBON MONOXIDE DETECTION

 

AM105.1 General. Carbon monoxide alarms shall be installed in all dwellings used for home day care equipped with a fuel burning appliance or an attached garage.  Carbon monoxide alarms shall be installed in accordance with Section R315.

 

SECTION AM106  OCCUPANT LOAD

 

AM106.1 Maximum number of occupants. The maximum number of occupants allowed in a home day care facility shall be determined by the square footage of those portions of the dwelling unit legally used for home day care activities. The occupant load factor shall be 35 square feet net per occupant, provided that, regardless of square footage, the maximum number of clients served in home day care shall not exceed 12 persons.

 

AM106.2 Infants. The minimum staff-to-client ratio for children age two or younger (referred to herein as “infants”) shall be 1:2, provided that the number of infants shall not, under any circumstances, exceed six. Where children of various ages are present in a home day care facility, including the caregiver’s children, the following table shall apply:

 

Table AM 106.3 Family Home Provider Adult/Child Ratio

 

Age of children1	Adult /Child Ratio	Maximum Group size
1 infant and between 1 and  11 children over 2 years of age	1:6	12
2 infants and between 1 and   4 children over 2 years of age	1:6	6
3 infants and between 1 and  6 children over 2 years of age	1:3 (but at least 2 caregivers)	9
4 infants and between 1 and  8 children over 2 years of age	1:3 (but at least 2 caregivers)	12
5 infants and between 1 and  4 children over 2 years of age	3 caregivers	9
6 infants and between 1 and  3 children over 2 years of age	3 caregivers	9

 

¹ A child who is non-ambulatory will be treated the same as an infant for purposes of the adult/child ratio,

 

AM106.4 Adults. The minimum staff- to- client ratio for adults in dwellings used for home day care operations shall be as follows:  

 

1. One care giver for every two adult occupants incapable of self-preservation shall be maintained at all times in dwellings not protected with automatic sprinklers in accordance with Section R313;

 

2. One care giver for every six adult occupants incapable of self-preservation shall be maintained at all times in dwellings protected with automatic sprinklers in accordance with Section R313;

 

3. One care giver for every six adult occupants capable of self-preservation shall be maintained at all times in dwellings used for home day care operations.

 

SECTION AM107 FIRE EXTINGUISHERS

 

AM107.1 General. Multi-purpose fire extinguishers of a type approved for use in residences must be maintained in good working condition and installed in the kitchen and outside the furnace room of the dwelling. The caregivers must know how to use the fire extinguishers installed in a home day care. Fire extinguishers with gauges must show a full charge. Fire extinguishers with seals must have unbroken seals.

 

SECTION AM108 FIRE SAFETY AND EVACUATION PLANS

AM108.1  Submission of plan. Prior to operation, the home day care provider must submit a written fire safety and evacuation plan to the code official, using a form furnished by the code official or an approved equivalent form.  The plan, as approved by the code official, must be posted in a conspicuous place in the home day care or filed in a place in the home day care which is available for review by employees and by the parents or guardians of the persons in care. The approved emergency evacuation plan must describe the following at a minimum:

AM108.2 Contents.  The fire safety and evacuation plan shall include the following:

1.         how children and adults will be made aware of an emergency;

2.         primary and secondary evacuation routes;

3.         floor plans identifying the location of the evacuation routes and other means of egress, and the location of portable fire extinguishers;

4.         methods of evacuation, including the meeting place where children and adults will meet after evacuating the home, and how attendance will be taken to determine if all occupants have been successfully evacuated or have been accounted for;

5.         the procedure for notification of authorities and the parents/guardians of the persons in  care;

6.         procedures and recordkeeping for emergency evacuation drills and employee training that complies with AM108.3; and

7.         such other information as the code official shall require.

AM108.3 Emergency evacuation drills; employee training and response procedures. Emergency evacuation drills shall be conducted at least monthly. Drills should be conducted in exactly the same manner as an actual emergency (except for notifying emergency personnel).  The home day care provider shall keep a written record of monthly evacuation drills in a form approved by the code official. The record must include total egress time from the time the alarm sounds until everyone reaches the meeting place. The record must also list the number of children in care and adults present, and the exit that was used. Employees shall be trained in the fire emergency procedures described in the fire safety and emergency evacuation plan as part of new employee orientation.

AM108.4 Matters not provided for. Home day care providers shall comply with any requirements that are deemed essential for the safety of the occupants of the day care home by the code official.

 

SECTION AM109 INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS

 

AM109.1 General. The selected interior finishes, decorative materials and furnishings for home day care facilities shall comply with Chapter 8 of the Fire Code.

 

Title 12-G, PROPERTY MAINTENANCE CODE SUPPLEMENT OF 2013, is amended as follows:

 

Revise Section 109 of the 2013 District of Columbia Property Maintenance Code to read as follows:

 

109                  EMERGENCY MEASURES

 

109.1               Imminent danger – Emergency Authority.  When an emergency exists, the The code official is hereby authorized and empowered to take such actions as the code official deems necessary to meet such emergency in accordance with this Section 109.  An emergency shall exist order and require the tenants or occupants to vacate a premises forthwith when, in the opinion of the code official: there is imminent danger due to an unsafe building, structure or condition, including, but not limited to: of failure or collapse or potential collapse of a building or other structure which endangers life; when the health or safety of occupants of the premises or those in the proximity of the premises is immediately endangered by an unsanitary condition or the operation of defective or dangerous equipment; or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure; when there is actual or potential danger to the building occupants or those in the proximity of any structure because of the presence of explosives, explosive fumes or vapors, or toxic fumes, gases, or materials; or when the health or safety of occupants of the premises or those in the proximity of the premises is immediately endangered by an unsanitary condition or the operation of defective or dangerous equipment other hazardous or toxic conditions.  The code official shall cause to be posted at each entrance to such structure a notice or order reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the code official.”  It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or demolishing the same.

 

109.1.1 Special provisions applicable to residential premises. 

 

109.1.1.1 Copies of notices and orders.  The code official shall provide tenants of residential premises with copies of notices and orders issued pursuant to this Section 109 in accordance with Section 107.7.  The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in Section 107.7.

 

109.1.1.2 Building closures.  Where the code official posts a closure or imminently dangerous notice or order pursuant to Section 109.1 in a residential premises, the code official is authorized to order all tenants or occupants to vacate the imminently dangerous structure or dwelling unit.  The notice or order shall include the time by which the premises must be vacated, provided that tenants and occupants shall be given at least 24 hours to vacate, unless the code official determines that tenants and occupants must leave the premises immediately for their personal safety.  If any tenant or occupant fails to vacate the structure or unit within the time specified in the notice or order, the code official is authorized to order removal of the tenant or occupant from the structure or unit.

 

109.1.1.3 Other rental housing provisions.  The removal of tenants from imminently dangerous premises, or the service of an order to vacate, pursuant to this Section 109 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl. & 2015 Supp.).  Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under D.C. Official Code Title 42, Chapter 34 (2012 Repl. & 2015 Supp.).

 

109.1.2 Appeals.  Imminent danger notices and orders, and other notices and orders issued pursuant to this Section 109, are appealable to OAH pursuant to Section 107.8, but any appeal shall not stay the enforcement of the notice or order.  Any person ordered to take emergency measures or actions shall comply with such order forthwith.  The expedited hearing procedures set forth in Section 107.8.2 shall not apply to orders and notices issued pursuant to this Section 109.

 

109.1.3 Historic preservation.  Emergency measures affecting a historic landmark or a building or structure located within an historic district shall comply with D.C. Official Code § 6-803(b) (2012 Repl.).

 

109.2               Emergency work Temporary Safeguards.  Whenever, in the opinion of the code official, an emergency exists, there is imminent danger due to an unsafe condition, the code official is authorized to shall order the necessary work to be done (including the boarding up of openings, but not limited to, temporary safeguards, repairs, demolition, or razing) to render such structure temporarily safe whether or not the legal procedure herein described has been instituted and shall take such other action as the code official deems necessary to meet such emergency. For the purposes of this Section 109, the code official is authorized to employ the necessary labor and materials to perform the necessary emergency work as expeditiously as possible.

 

                        109.2.1 Historic preservation. Prior to undertaking emergency work on any building or other structure that is listed (either as an individual listing or as a contributing resource to a listed historic district) in the D.C. or National Register of Historic Places, the code official shall consult with the State Historic Preservation Officer as required by D.C. Official Code §§6-801 and 6-802 (2012 Repl. & 2015 Supp.).

 

109.3               Closing streets.  When necessary for the public safety, the code official is authorized to temporarily close sidewalks, streets, buildings, other structures, and places adjacent to such unsafe structure, and prohibit them from being used.

 

109.4               Occupied premises. When in the opinion of the code official an emergency exists, the code official is authorized to order any occupants of the premises to vacate the premises within the time period specified by the code official, subject to the provisions of Section 109.1.1 for tenants and occupants of residential premises.

 

Emergency repairs.  For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

 

109.5               Costs of emergency work repairs.  Where the code official causes emergency work to be done pursuant to Section 109.2 or Section 109.4, the costs incurred in the performance of emergency work and expenses incident thereto shall be paid from appropriations of the District of Columbia on certification of the code official and shall be assessed as a tax against the property on which the emergency work or repairs were performed in accordance with Section 106.5.  Nothing herein shall be deemed to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code § 42-3131.01 (2012 Repl. & 2015 Supp.).

 

109.5.1 Additional costs of emergency work repairs.  Costs of emergency work repairs shall also be deemed to include, but are not limited to, costs associated with cleaning the premises to comply with the Property Maintenance Code, utility removal or disconnection costs, court costs, fines, and penalties.  If the code official determines that no other shelter is available to tenants or occupants removed from residential premises pursuant to this Section 109, the code official has discretion to assess all expenses incident to tenant relocation as a cost of emergency repairs, including, but not limited to, temporary housing, security deposits and the first month’s rent if required.

 

109.6               Condemnation.  The code official is authorized to refer a building or structure determined to be imminently dangerous under this Section 109 to the Board of Condemnation of Insanitary Buildings for issuance of an order of condemnation pursuant to D.C. Official Code § 6-903 (2012 Repl. & 2015 Supp.).

 

Title 12-H, FIRE CODE SUPPLEMENT OF 2013, is amended as follows:

 

Revise Section 111 of the 2013 District of Columbia Fire Code to read as follows:

 

111                  EMERGENCY MEASURES

 

111.1               Imminent Danger. When an emergency exists the The code official is hereby authorized and empowered to take such actions as the code official deems necessary to meet such emergency in accordance with this Section 111. An emergency shall exist order and require the occupants to vacate the premises forthwith when, in the opinion of the code official any work, operations, processes, or conditions regulated by the Fire Code create an imminent danger to building occupants or those in proximity of any premises because of: the hazard of fire and explosion arising from the storage, handling or use of structures, materials, or devices; fire hazards in the structure or on the premises from occupancy or operation; conditions affecting the safety of fire fighters and emergency responders during emergency operations; or conditions hazardous to life, property, or public welfare. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the [code official].”  It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.

 

111.2               Emergency Work Temporary Safeguards.  Whenever, in the opinion of the code official, an emergency exists, there is imminent danger due to an unsafe condition, the code official is authorized to shall order the necessary work to be done (including, but not limited to, the boarding up of openings, temporary safeguards, repairs, demolition, or razing) to render such structure or premises temporarily safe whether or not the legal procedures set forth in Section 109herein described have been instituted; and is authorized to take shall further cause such other action to be take such other action as the code official deems necessary to meet such emergency. For the purposes of this section, the code official is authorized to employ the necessary labor and materials to perform the necessary emergency work as expeditiously as possible.

 

                        111.2.1 Historic Buildings. Prior to undertaking emergency work on any building or other structure that is listed (either as an individual listing or as a contributing resource to a listed historic district) in the D.C. or National Register of Historic Places, the code official shall consult with the State Historic Preservation Officer as required by D.C. Official Code §§6-801 and 6-802 (2012 Repl. & 2015 Supp.).

 

111.3               Closing Streets.  When necessary for the public safety, the code official is authorized to temporarily close sidewalks, streets, buildings, other structures, and places adjacent to such unsafe structure, and prohibit them from being used.

 

111.4               Occupied Premises. When in the opinion of the code official an emergency exists, the code official is authorized to order any occupants of the premises to vacate the premises within the time period specified by the code official, subject to the provisions of Section 111.6 for tenants and occupants of residential premises.

 

                        Emergency Repairs.  For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

 

111.5               Costs of Emergency Work Repairs.  Where the code official causes emergency work to be done pursuant to Section 111.2 or Section 111.4, the costs incurred in the performance of emergency work, and expenses incident thereto, shall be paid from appropriations of the District of Columbia on certification of the code official and shall be assessed as a tax against the property on which the emergency work or repairs were performed, carried as a tax on the regular tax rolls, and collected in the same manner as real estate taxes are collected.  Nothing herein shall be deemed to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code §42-3131.01 (2012 Repl. & 2015 Supp.).

 

111.6               Special Provisions Applicable to Residential Premises.  Where the code official posts a closure or imminently dangerous notice or order pursuant to this Section 111 in a residential premises, the code official is authorized to order all tenants or occupants to vacate the imminently dangerous structure or dwelling unit.  The notice or order shall include the time by which the premises must be vacated, provided that tenants and occupants shall be given at least 24 hours to vacate, unless the code official determines that tenants and occupants must leave the premises immediately for their personal safety.  If any tenant or occupant fails to vacate the structure or unit within the time specified in the notice or order, the code official is authorized to order removal of the tenant or occupant from the structure or unit.

 

111.6.1 Additional provisions for residential building closures.  Where the code official posts a closure or imminently dangerous order or notice in a residential structure or dwelling unit pursuant to this Section 111, the following additional provisions shall apply.

 

1.                  The notice or order shall specify a date by which tenants or occupants are required to vacate the residential building or dwelling unit.

 

2.                  The notice or order shall include a statement informing tenants or occupants of the building or unit of the right to appeal pursuant to Section 108.1.

 

3.                  A copy of the notice or order shall be provided to tenants in accordance with Section 109.2.2.

 

4.                  The notice shall provide contact information for the Office of the Tenant Advocate.

 

111.6.2 Other Rental Housing Provisions.  The removal of tenants from imminently dangerous premises, or the service of an order to vacate, pursuant to this Section 111 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl. & 2015 Supp.).  Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under D.C. Official Code, Title 42, Chapter 34 (2012 Repl. & 2015 Supp.).

 

Insert new Section 319 in the 2013 District of Columbia Fire Code to read as follows:

 

SECTION 319  DAY CARE FACILITIES IN DWELLING UNITS

 

319.1 Fire safety inspection required.  No day care facility located in a dwelling unit shall 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 within existing detached one and two-family dwellings and townhouses within the scope of the Residential Code  shall comply with the fire safety provisions in Appendix K. Appendix K does not apply to the following:

 

 1.        Day care facilities in a dwelling unit which is not the primary residence of the person operating the facility;

 

2.         Day care facilities that are classified as Group E or Group I-4 under the Building Code.

 

3.         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 a R-2 occupancy are prohibited.

 

Exception: Where, on the date of initial adoption of this Section 319.3, the day care facility is 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 must be equipped throughout with an automatic sprinkler system that complies with Section 903.2.8; and (b) the child development home requests a fire safety inspection from the Fire Code Official within thirty (30) days after initial adoption of Section 319.

 

319.4  Existing day care homes. Except as provided in Section 319.3, day care facilities in existing dwelling units that were licensed as child development homes by the Office of the State Superintendent of Education and legally operating, as of the date of initial adoption of Section 319, shall have a 12-month period to come into compliance with the Fire Code.             

 

Insert a new Appendix K-Home Day Care in the 2013 Fire Code to read as follows:

 

APPENDIX K-HOME DAY CARE 

The provisions contained in this appendix are adopted in the District of Columbia.

 

SECTION K101 GENERAL 

K101.1 General. 

 

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

 in thedwelling shall be included in the calculation total.

K101.2 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.

 

K101.3 Other requirements. The requirements of this Appendix K 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)).

 

K101.4  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 K 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.

 

SECTION K102 DEFINITIONS

EXIT. That portion of a means of egress system between the exit access and the exit discharge or public way.  Exit components include exterior exit doors at the level of exit discharge, interior exit stairways, interior exit ramps, exit passageways, exterior exit stairways and exterior exit ramps and horizontal exits.

 

EXIT ACCESS. That portion of a means of egress system that leads from any occupied point in a building or structure to an exit.

 

EXIT DISCHARGE, LEVEL OF. The story at the point at which the exit terminates and the exit discharge begins.

 

MEANS OF EGRESS.A continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to the exterior at grade.  A means of egress consists of three separate and distinct parts:  the exit access, the exit and the exit discharge.

 

SECTION K103 MEANS OF EGRESS 

 

K103.1 Means of egress.  The means of egress from each level of the one or two family dwelling unit used as a home day care occupancy shall comply with this section.

 

K103.1.1 Below grade level.  Below grade levels shall be provided with two means of egress, one of which shall consist of an exit door that provides direct access to the exterior.

 

Exception:  One and two family dwelling units used as a home day care occupancy where the occupancy is equipped throughout with an automatic sprinkler system in accordance with Section R313 of the Residential Code or Section 903.2.8 of the Fire Code, as applicable, shall provide an exit door that provides direct access to the exterior.

 

K103.1.2 At grade level 9 occupants or less.  At grade levels with an occupant load of 9 or less shall be provided with an exit door that provides direct access to the exterior and a means of escape in compliance with Section R310 of the Residential Code.

 

Exception:  One and two family dwelling units used as a home day care occupancy equipped with an automatic sprinkler system in accordance with Section R313 of the Residential Code or Section 903.2.8 of the Fire Code, as applicable, need only provide an exit door that provides direct access to the exterior.

 

K103.1.3 At grade level more than 9 occupants.  At grade levels with an occupant load of more than 9 shall be provided with two means of egress one of which shall be an exit

door that provides direct access to the exterior.

 

K103.1.4 Second story 9 occupants or less.  The second story with an occupant load of 9 or less shall be provided with a means of exit access and a means of escape in compliance with Section R310 of the Residential Code.

 

K103.1.5 Second story more than 9 occupants.  The second story with an occupant load of more than 9 shall be provided with two means of egress one of which shall be an exit door that provides direct access to the exterior.

 

Exception:  One and two family dwelling units used as a home day care occupancy equipped with an automatic sprinkler system in accordance with Section R313 of the Residential Code or Section 903.2.8 of the Fire Code, as applicable, need not only provide means of exit access and a means of escape in compliance with Section R310 of the Residential Code.

 

K103.1.6 Third story.  The third story of a one or two-family dwelling or townhouse shall not be used as a home day care occupancy.

 

Exception: Where the dwelling unit used as a home day care occupancy is equipped throughout with an automatic sprinkler system in accordance with Section R313 of the Residential Code or Section 903.2.8 of the Fire Code, as applicable, and the third story is provided with a means of exit access and a means of escape in compliance with Section R310 of the Residential Code.

 

K103.2 Yards. If the yard is to be used as part of the home day care operation it shall be fenced in accordance with K103.2.

 

K103.2.1 Type of fence and hardware. The fence shall be of durable materials and be at least 6 feet (1529 mm) tall, completely enclosing the area used for the day care operations. Each opening shall be a gate or door equipped with a self-closing and self-latching device to be installed at a minimum of 5 feet (1528 mm) above the ground. 

Exception: The door of any dwelling which forms part of the enclosure need not be equipped with self-closing and self-latching devices.

 

K103.2.2 Construction of fence. Openings in the fence, wall or enclosure required by this section shall have intermediate rails or an ornamental pattern that do not allow a sphere 4 inches (102 mm) in diameter to pass through. In addition, the following criteria must be met:

 

1.         The maximum vertical clearance between grade and the bottom of the fence, wall or enclosure shall be 2 inches (51 mm).

 

2.         Solid walls or enclosures that do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions, except for tooled masonry joints.

 

3.         Maximum mesh size for chain link fences shall be 1¹/₄ inches (32 mm) square, unless the fence has slats at the top or bottom which reduce the opening to no more than 1³/₄inches (44 mm). The wire shall not be less than 9 gage [0.148 inch (3.8 mm)].

 

K103.2.3. Decks. Decks that are more than 12 inches (305 mm) above grade shall have a guard in compliance with Section R312 of the Residential Code.

 

K103.3 Type of lock and latches for exits. 

 

Regardless of the occupant load served, exit doors shall be capable of being opened from the inside without the use of a key or any special knowledge or effort. When the occupant load is 10 or less, a night latch, dead bolt or security chain may be used, provided such devices are capable of being opened from the inside without the use of a key or tool, and mounted at a height not to exceed 48 inches (1219 mm) above the finished floor. 

K103.4 Landings. 

 

Landings for stairways and doors shall comply with Section R311 of the Residential Code, except that landings shall be required for the exterior side of a sliding door when a home day care is being operated in a Group R-3 occupancy.

 

SECTION K104 SMOKE DETECTION 

 

K104.1 General.  Smoke alarms shall be installed in all home day care occupancies.  Smoke alarms shall be installed in accordance with Section R313 of the Residential Code or Section 907.2.11.2 of the Fire Code as applicable.  In addition to the locations required by Section R313 of the Residential Code or Section 907.2.11.2, smoke alarms shall be installed in all areas used for napping.

SECTION K105 CARBON MONOXIDE DETECTION 

 

K105.1 General.  Carbon monoxide alarms shall be installed in all home day care occupancies equipped with a fuel burning appliance or an attached garage.  Carbon monoxide alarms shall be installed in accordance with Section R315 of the Residential Code or Section 908.7 of the Fire Code as applicable.

 

SECTION K106 OCCUPANT LOAD

 

K106.1 Maximum number of occupants. The maximum number of occupants allowed in a home day care facility shall be determined by the square footage of those portions of the dwelling unit legally used for home day care activities. The occupant load factor shall be 35 square feet net per occupant, provided that, regardless of square footage, the maximum number of clients served in home day care shall not exceed 12 persons.

 

K106.2 Infants. The minimum staff-to-client ratio for children age two or younger (referred to herein as “infants”) shall be 1:2, provided that the number of infants shall not, under any circumstances, exceed six. Where children of various ages are present in a home day care facility, including the caregiver’s children, the caregiver/child ration shall comply with Table K106.2 following table shall apply:

 

Table K 106.2 Home Day Care  Caregiver/Child Ratio

 

Age of children1	Adult /Child Ratio	Maximum Group size
1 infant and between 1 and  11 children over 2 years of age	1:6	12
2 infants and between 1 and  4 children over 2 years of age	1:6	6
3 infants and between 1 and  6 children over 2 years of age	1:3 (but at least 2 caregivers)	9
4 infants and between 1 and  8 children over 2 years of age	1:3 (but at least 2 caregivers)	12
5 infants and between 1 and 4 children over 2 years of age	3 caregivers	9
6 infants and between 1 and 3 children over 2 years of age	3 caregivers	9

 

¹ A child who is non-ambulatory will be treated the same as an infant for purposes of the caregiver/child ratio,

 

K106.4 Adults. The minimum staff- to- client ratio for adults in dwellings used for home day care operations shall be as follows:  

 

1.         One care giver for every two adult occupants incapable of self-preservation shall be maintained at all times in dwellings not protected with automatic sprinklers in accordance with Section R313;

 

2.         One care giver for every six adult occupants incapable of self-preservation shall be maintained at all times in dwellings protected with automatic sprinklers in accordance with Section R313 of the Residential Code or Section 907.2.11.2 of the Fire Code as applicable;

 

3.         One care giver for every six adult occupants capable of self-preservation shall be maintained at all times in dwellings used for home day care operations.

 

SECTION K107 FIRE EXTINGUISHERS

 

K107.1 General. Multi-purpose fire extinguishers of a type approved for use in residences must be maintained in good working condition and installed in the kitchen and outside the furnace room of the dwelling. The caregivers must know how to use the fire extinguishers installed in a home day care. Fire extinguishers with gauges must show a full charge. Fire extinguishers with seals must have unbroken seals.

 

SECTION K108 FIRE SAFETY AND EVACUATION PLANS

K108.1 General . An approved fire safety and evacuation plan shall be prepared and maintained by the home day care provider, and available on the premises for reference and review by employees and by the parents and guardians of the persons in care. The plan must be posted in a conspicuous place in the home day care or filed in a place in the home day care which is available to the parents or guardians of the persons in care. The fire safety and evacuation plan shall be furnished to the fire code official for review upon request.  Fire safety and evacuation plans shall be reviewed and updated annually or as necessitated by changes in staff assignments, occupancy or the physical arrangement of the building.

K108.2 Contents.  The fire safety and evacuation plan shall include the following:

1.         how children and adults will be made aware of an emergency;

2.         primary and secondary evacuation routes;

3.         floor plans identifying the location of the evacuation routes and other means of egress, and the location of portable fire extinguishers;

4.         methods of evacuation, including the meeting place where children and adults will meet after evacuating the home, and how attendance will be taken to determine if all occupants have been successfully evacuated or have been accounted for;

5.         the procedure for notification of authorities and the parents/guardians of the persons in care;

6.         procedures and record for emergency evacuation drills and employee training that complies with K108.3; and

7.         such other information as the code official shall require.

K108.3 Emergency evacuation drills; employee training and response procedures. Emergency evacuation drills shall be conducted at least monthly. Drills should be conducted in exactly the same manner as an actual emergency (except for notifying emergency personnel).  The home day care provider shall keep a written record of monthly evacuation drills. The record must include total egress time from the time the alarm sounds until everyone reaches the meeting place. The record must also list the number of children in care and adults present, and the exit that was used. The record shall be available for review by the code official upon request. Employees shall be trained in the fire emergency procedures described in the fire safety and emergency evacuation plan as part of new employee orientation.

K108.4 Matters not provided for. Home day care providers shall comply with any requirements that are deemed essential for the safety of the occupants of the day care home by the fire code official.

SECTION K109 INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS

K109.1 General. The selected interior finishes, decorative materials, and furnishings for home day care facilities shall comply with Chapter 8.

 

All persons desiring to comment on these proposed regulations should submit comments in writing to Jill Stern, Construction Codes Coordinating Board Chairperson, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Room 5100, Washington, D.C. 20024, or via e-mail at [e-mail], not later than thirty (30) days after publication of this notice in the D.C. Register. Persons with questions concerning this Notice of Proposed Rulemaking should call [phone].  Copies of the proposed rules can be obtained from the address listed above.  A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rulemaking requested.