ADOPTS WITH AMENDMENTS:

International Fire Code 2015 (IFC 2015)

Part I — Administrative

Part II — General Safety Provisions

Part III — Building and Equipment Design Features

Part IV — Special Occupancies and Operations

Part V — Hazardous Materials

Part VI — Referenced Standards

Part VII — Appendices

Heads up: There are no amended sections in this chapter.

Appendix N Home Day Care

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This section has been amended at the state or city level.

Section N101 General

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N101.1 General

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This section has been amended at the state or city level.
This appendix shall apply to home day care facilities (a) operated in dwelling units within existing detached one and two-family dwellings and townhouses within the scope of the Residential Code and within R-3 dwellings, 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 N 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.

N101.2 Number of Occupants

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This section has been amended at the state or city level.
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.

N101.3 Other Requirements

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This section has been amended at the state or city level.
The requirements of this Appendix N 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, 42 USC §§ 12101 et seq.

N101.4 Sprinkler Requirements

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This section has been amended at the state or city level.
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 N 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 N102 Definitions

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This section has been amended at the state or city level.
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 N103 Means of Egress

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N103.1 Means of Egress

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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.

N103.1.1 Below Grade Level, Any Number of Occupants

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This section has been amended at the state or city 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, need only provide an exit door that provides direct access to the exterior.

N103.1.2 At Grade Level, 9 Occupants or Less

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This section has been amended at the state or city level.
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.

N103.1.3 At Grade Level, More Than 9 Occupants

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This section has been amended at the state or city level.
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.

N103.1.4 Second Story, 9 Occupants or Less

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This section has been amended at the state or city level.
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.

N103.1.5 Second Story, More Than 9 Occupants

AMENDMENT
This section has been amended at the state or city level.
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 only provide a means of exit access and a means of escape in compliance with Section R310 of the Residential Code.

N103.1.6 Dwellings With Three or More Stories, Any Number of Occupants

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This section has been amended at the state or city level.
Home day care shall not be provided above the second story in dwellings with three or more stories.
Exception: The third story is allowed to be used for home day care where the dwelling 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 where 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.

N103.2 Yards

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This section has been amended at the state or city level.
If the yard is to be used as part of the home day care operation it shall be fenced in accordance with N103.2.

N103.2.1 Type of Fence and Hardware

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This section has been amended at the state or city level.
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 selflatching 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.

N103.2.2 Construction of Fence

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This section has been amended at the state or city level.
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 13/4 inches (44 mm). The wire shall not be less than 9 gauge 0.148 inch (3.8 mm).

N103.2.3 Decks

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This section has been amended at the state or city level.
Decks that are more than 12 inches (305 mm) above grade shall have a guard in compliance with Section R312 of the Residential Code.

N103.3 Type of Lock and Latches for Exits

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This section has been amended at the state or city level.
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.

N103.4 Landings

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This section has been amended at the state or city level.
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 N104 Smoke Detection

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This section has been amended at the state or city level.

N104.1 General

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This section has been amended at the state or city level.
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 N105 Carbon Monoxide Detection

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This section has been amended at the state or city level.

N105.1 General

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This section has been amended at the state or city level.
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 N106 Occupant Load

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N106.1 Maximum Number of Occupants

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This section has been amended at the state or city level.
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.

N106.2 Infants

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This section has been amended at the state or city level.
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 N106.2 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. 1 A child who is non-ambulatory will be treated the same as an infant for purposes of the caregiver/child ratio,

N106.3 Adults

AMENDMENT
This section has been amended at the state or city level.
The minimum staff-to-client ratio for adults in dwellings used for home day care operations shall be as follows:
  1. One caregiver 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 caregiver 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 caregiver for every six adult occupants capable of self-preservation shall be maintained at all times in dwellings used for home day care operations.

Section N107 Fire Extinguishers

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N107.1 General

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This section has been amended at the state or city level.
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 N108 Fire Safety and Evacuation Plans

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N108.1 General

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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.

N108.2 Contents

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This section has been amended at the state or city level.
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 N108.3; and
  7. Such other information as the code official shall require.

N108.3 Emergency Evacuation Drills; Employee Training and Response Procedures

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This section has been amended at the state or city level.
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.

N108.4 Matters Not Provided For

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This section has been amended at the state or city level.
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 N109 Interior Finish, Decorative Materials and Furnishings

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This section has been amended at the state or city level.

N109.1 General

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This section has been amended at the state or city level.
The selected interior finishes, decorative materials, and furnishings for home day care facilities shall comply with Chapter 8.
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