The department may approve a modification of the requirement in subdivision 44:70:10:02(8) if the following criteria are met:

1. (1) The facility fire alarm promptly alerts staff;
2. (2) 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. (3) The facility is equipped with 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;
4. (4) The residents have an evacuation time that shows the residents are capable of evacuation in eight minutes or less;
5. (5) The facility is equipped with an approved call system in accordance with subdivision 44:70:02:17(3). Staff shall also carry a device that registers an audible and visual signal when the call system is activated;
6. (6) Residents are capable of self-preservation and require limited assistance of one staff;
7. (7) The facility has a plan in place to increase staffing during times of resident illnesses; and

8. (8) Healthcare personnel carry a device that can summon assistance from other staff.

   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: 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.