ADOPTS WITH AMENDMENTS:

International Residential Code 2015 (IRC 2015)

Part I — Administrative

Part II — Definitions

Part III — Building Planning and Construction

Part IV — Energy Conservation

Part V — Mechanical

Part VI — Fuel Gas

Part VII — Plumbing

Part VIII — Electrical

Part IX — Referenced Standards

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

Appendix M Home Day Care—R-3 Occupancy

AMENDMENT
This section has been amended at the state or city level.
Appendix M of the International Residential Code is adopted in the District of Columbia as Appendix M of the Residential Code with the following amendments:

AM101.1 General

AMENDMENT
This section has been amended at the state or city level.
This appendix shall apply to home day carefacilities: (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 thantwenty-four (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:
  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

AMENDMENT
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 shall be included in the calculation total.

AM101.3 Other Requirements

AMENDMENT
This section has been amended at the state or city level.
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 Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215, D.C. Official Code §§ 7-2031 et seq.) and regulations promulgated thereunder, including Chapter 3, Title 29 DCMR, and Title III of the Americans with Disabilities Act of 1990, 42 USC § 12181-12189 (Lexis 2017).

AM101.4 Sprinkler Requirements

AMENDMENT
This section has been amended at the state or city level.
Home day care facilities located in a dwelling unit arerequired to be protected by an automatic sprinkler system in accordance with Section R313,except in the following circumstances:
  1. The facilities were lawfully in existence on the date of adoption of this Appendix M; and
  2. The facilities otherwise meet the requirements of Appendix M.

Section AM102 Definitions

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

AM102.1 General

AMENDMENT
This section has been amended at the state or city level.
For the purpose of this Appendix M, the terms used shall be defined as follows: 

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.

AM103.1 Means of Egress

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

AMENDMENT
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 shall provide an exit door that provides direct access to the exterior.

AM103.1.2 At Grade Level Nine Occupants or Less

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

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

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

AMENDMENT
This section has been amended at the state or city level.
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 Dwellings With Three or More Stories

AMENDMENT
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 either 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.

AM103.1 Exits Required

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

AM103.1.1 Exit Access Prohibited

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

AM103.1.2 Basements

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

AM103.1.3 AM103.2 Yards

AMENDMENT
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 AM103.2.

AM103.1.3.1 AM103.2.1 Type of Fence and Hardware

AMENDMENT
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 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.

AM103.1.3.2 AM103.2.2 Construction of Fence

AMENDMENT
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 1 1/4 inches (32 mm) square, unless the fence has slats at the top or bottom which reduce the opening to no more than 1 3/4 inches (44 mm). The wire shall not be less than 9 gauge [0.148 inch (3.8 mm)].

AM103.1.3.3 AM103.2.3 Decks

AMENDMENT
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.

AM103.2 Width and Height of an Exit

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

AM103.3 Type of Lock and Latches for Exits

AMENDMENT
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 ten 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

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

AM104.1 General

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

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

AM105.1 General

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

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

AM106.1 Maximum Number of Occupants

AMENDMENT
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.

AM106.2 Infants

AMENDMENT
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 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

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 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; and
  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

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

AM107.1 General

AMENDMENT
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 AM108 Fire Safety and Evacuation Plans

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

AM108.1 Submission of Plan

AMENDMENT
This section has been amended at the state or city level.
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 contain the elements listed in Section AM108.2 at a minimum.

AM108.2 Contents

AMENDMENT
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 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

AMENDMENT
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 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

AMENDMENT
This section has been amended at the state or city level.
Home day care providers shall comply with any additional requirements that are deemed essential for the safety of the occupants of the day care home by the code official and identified in writing by the code official.

Section AM109 Interior Finish, Decorative Materials and Furnishings

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

AM109.1 General

AMENDMENT
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 of the Fire Code.
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