The following are staffing exceptions for facilities as referenced in § 44:70:03:02:

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

   1. (a) The facility fire alarm promptly alerts staff;
   2. (b) Exterior door alarms are audible in the staff bedroom;
   3. (c) A staff call system is available;
   4. (d) The staff bedroom has an egress window; and
   5. (e) The residents have an evacuation score that 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. (2) For each facility with eleven to sixteen beds, inclusive, at least one healthcare personnel, who is awake, must be on duty if:

   1. (a) The facility fire alarm promptly alerts staff;
   2. (b) A staff call system is available; and
   3. (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. (3) For each facility with sixteen beds or fewer, that is a stand-alone facility not physically attached to a nursing facility or hospital, at least one healthcare personnel, who is awake, must be on duty if:

   1. (a) The facility fire alarm promptly alerts staff;
   2. (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;
   3. (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;
   4. (d) A staff call system is available; and
   5. (e) The residents have an evacuation time that shows them capable of evacuation in five minutes or less;

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

   1. (a) The facility fire alarm promptly alerts staff;
   2. (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;
   3. (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;
   4. (d) A fire annunciator panel is provided at the nursing facility or hospital nurses station;
   5. (e) A call system is available; and
   6. (f) The residents have an evacuation time that shows them capable of evacuation in eight minutes or less; and

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

   1. (a) The facility fire alarm promptly alerts staff;
   2. (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;
   3. (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;
   4. (d) The fire alarm annunciator panel is provided at the nursing facility or hospital staff station;
   5. (e) The residents have an evacuation time that shows them capable of evacuation in eight minutes or less;
   6. (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;
   7. (g) The building is a single story;
   8. (h) Each resident is capable of self-preservation and requires limited assistance of one staff;
   9. (i) The facility has a plan in place to increase staffing during times of resident illnesses;
   10. (j) The facility has exit alarms; and

   11. (k) The healthcare personnel carries a device that can summon assistance from the attached nursing facility or hospital.

       Reference: 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.

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; 46 SDR 65, effective November 26, 2019 ; 50 SDR 19, effective August 30, 2023 .

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

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2019-11-26, 2012-01-09.