Section 75-03-17-18 - Safety, buildings, and grounds1.Compliance with fire, sanitation, and zoning standards. An applicant shall demonstrate compliance with applicable state or local fire, sanitation, and zoning standards. The premises to be used must be in fit, safe, and sanitary condition and properly equipped to provide good care and treatment. a. Fire. For fire safety, the facility shall meet the applicable life safety standards established by the city. If the city has not established life safety standards, the facility shall comply with chapter 21 of the Life Safety Code of the national fire protection association, 1985 edition, and amendments thereto. (1) Compliance is shown by submitting the written report of an authorized fire inspector, following an initial or subsequent inspection of a building which states the: (a) Rated occupancy and approval of the building for occupancy; or(b) Existing hazards, and recommendations for correction which, if followed, would result in approval of the building for occupancy.(2) All electrical and heating equipment must be approved by underwriters laboratories, incorporated, or another nationally recognized testing laboratory.b. Sanitation. Compliance with sanitation standards is shown by submitting a statement prepared by a licensed environmental health professional or authorized public health officer, following an initial or subsequent annual inspection, that the building's plumbing, sewer disposal, water supply, milk supply, and food storage and handling comply with the applicable rules of the department and the department of environmental quality.c. Zoning. Compliance with zoning requirements is shown by submitting a statement prepared by the appropriate county or municipal official having jurisdiction that the premises are in compliance with local zoning laws and ordinances.2.Safety. Safety requirements of a facility must include: a. Prohibition of smoking on the premises;b. Procedures for water safety where swimming facilities are on the grounds;c. A copy of the Red Cross manual on first-aid measures, or a book of its equivalent, and first-aid supplies;d. Prohibiting a child's possession and use of any firearms while at the facility;e. Advising children of emergency and evacuation procedures upon admission and thereafter every two months;f. Training in properly reporting a fire, in extinguishing a fire, and in evacuation from the building in case of fire. Fire drills must be held monthly. Fire extinguishers must be provided and maintained throughout each building in accordance with standards of the state fire marshal; andg. Telephones with emergency numbers posted by each telephone in all buildings that house children.3.Buildings and grounds. The facility must have sufficient outdoor recreational space, and the facility's buildings must meet the following standards:a. Bedrooms. Each child must have eighty square feet [7.43 square meters] in a single sleeping room, and sixty square feet [5.57 square meters] per individual in a multiple occupancy sleeping room; the child's own bed, and bed covering in good condition; and a private area to store the child's personal belongings. A facility may not permit more than two children in each sleeping room; children to sleep in basements or attics; nonambulatory children to sleep above the first floor; and a child to share a bedroom with a child of the opposite sex.b. Bathrooms. The facility's bathroom facilities must have an adequate supply of hot and cold water; be maintained in a sanitary condition; have separate toilet and bath facilities for male and female children, and employees; and have one bathroom that contains a toilet, washbasin, and tub or shower with hot and cold water for every four children.c. Dining and living rooms must have suitably equipped furnishings designed for use by children within the age range of children served by the facility.d. The facility shall provide sufficient space for indoor quiet play and active group play.e. The facility shall provide adequate heating, lighting, and ventilation.f. Employee quarters must be separate from those of children, although near enough to assure proper supervision of children.g. A facility shall provide a quiet area for studying.h. A facility shall lock all outbuildings on the property at all times when not in use by facility employees.N.D. Admin Code 75-03-17-18
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 25-03.2-10
Law Implemented: NDCC 25-03.2-03, 25-03.2-07