§ 403.23. Child day care facilities.
(a) A dwelling unit where child day care services are provided for less than 24 hours for 4 to 12 children is an R-3 occupancy if the dwelling unit is used primarily as a private residence and the provision of day care services is accessory to the principal use of the dwelling unit as a residence.
(b) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 4—6 children shall comply with all of the following:
(1) Have a smoke detector on each floor and in the basement. The smoke detector may be powered by a nonreplacable, lithium battery listed by Underwriters Laboratories® that is warranted for 10 years and should sound an alarm when activated that is audible to persons in the unit’s indoor child care space with all intervening doors closed. Where this type of detector is utilized, the unit owner of this detector shall keep the proof and date of purchase of the detector in the unit’s fire drill logs.
(2) Have a portable fire extinguisher rated for Class B Fires in the kitchen and other cooking areas.
(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3290 (relating to family child day care homes).
(c) A day care facility that is an R-3 occupancy under subsection (a) which provides day care services to 7—12 children shall comply with all of the following:
(1) Have an interconnected smoke detector system.
(2) Have a fire extinguisher rated for Class B fires in the kitchen and other cooking areas.
(3) Meet the exiting requirements for an R-3 occupancy and licensure under 55 Pa. Code Chapter 3280 (relating to group child day care homes).
(d) All other child day care facilities shall be classified under Chapter 3 of the ‘‘International Building Code of 2018.’’ The facilities shall meet all Uniform Construction Code standards for these occupancy classifications.
Authority The provisions of this § 403.23 amended under section 304(a)(1) and (2) of the Pennsylvania Construction Code Act (35 P.S. § 7210.304(a)(1) and (2)).
Source The provisions of this § 403.23 amended September 29, 2018, effective October 1, 2018, 48 Pa.B. 6261; amended February 11, 2022, effective February 14, 2022, 52 Pa.B. 971. Immediately preceding text appears at serial pages (407585) to (407586).
Cross References This section cited in 55 Pa. Code § 3270.15 (relating to building codes); 55 Pa. Code § 3280.15 (relating to building codes); and 55 Pa. Code § 3290.14 (relating to building codes).
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