Emergency plan rules in South Dakota

One license type researched, regulated by South Dakota Department of Health — Health Facility Licensure. Every requirement below carries the rule that imposes it.

Assisted living / residential care

Licensed in South Dakota as Assisted Living Center, by South Dakota Department of Health — Health Facility Licensure.

ARSD 44:70:03:01 (Life Safety Code); 44:70:03:02 (fire drills and staffing); 44:70:01:07 (reports to department); 44:70:04:04 (personnel training); 44:70:04:12 (memory care units); 44:70:02:21 (heating and cooling); 44:70:10:32 (emergency electrical service)

Drills

Fire drills quarterly for each shift. If the facility does not operate three shifts, it must instead run MONTHLY drills so that all personnel are trained. Either way that is twelve drills a year: four on each of three shifts, or one a month.

South Dakota-specific requirements
Judged against time-to-escape

The facility must be constructed, arranged, equipped, maintained and operated to avoid undue danger to occupants from fire, smoke, fumes or resulting panic during the period of time reasonably necessary for escape in case of fire or other emergency.

ARSD 44:70:03:02
Two staff on duty at all times, one on each occupied floor

At least two personnel must be on duty at all times, unless the Department has approved a staffing exception requested by the facility. In a multilevel facility, at least one staff member must be on duty on each floor with occupied beds.

ARSD 44:70:03:02
Life Safety Code 2012 applies

The facility must meet the applicable fire safety standards in NFPA 101 Life Safety Code, 2012 edition, chapter 32 or 33.

ARSD 44:70:03:01
Report a fire, missing resident or lost utilities within 24 hours

Report to the Department through its online reporting system within 24 hours of discovering a missing resident, a fire in the facility, or a loss for more than 24 hours of utilities, the emergency generator, the fire alarm, sprinklers or other critical equipment. Investigate internally and report the results to the Department no later than five working days after the event.

ARSD 44:70:01:07
Fire and emergency training within 30 days of hire, then annually

All healthcare personnel must complete orientation within thirty days of hire, and ongoing education must cover the required subjects annually. The subjects include fire prevention and response, and emergency procedures and preparedness.

ARSD 44:70:04:04
Memory care unit: locked doors, trained staff, a caregiver always on the unit

If the center has a memory care unit, each locked door must conform to § 18.2.2.2.5 and § 19.2.2.2.5 of NFPA 101 Life Safety Code, 2012 edition. Staff assigned to the unit need training specific to its residents, and at least one caregiver must be on duty on the unit at all times.

ARSD 44:70:04:12
Keep the building between 68 and 80 degrees

Temperatures must be kept between 68 and 80 degrees Fahrenheit during waking hours and not lower than 64 degrees Fahrenheit during sleeping hours.

ARSD 44:70:02:21
Generator at 17 or more beds

The construction rules require a facility with 17 or more beds to have emergency electrical service with an automatic generator set and automatic transfer switches serving emergency panels. Whether this applies to an existing building has not been verified.

ARSD 44:70:10:32 — not yet confirmed against primary text
What we haven’t confirmed for this license
  • mandate[7] — Open ARSD 44:70:10:01 (application of the construction chapter) on sdlegislature.gov and confirm whether 44:70:10:32 binds an existing Assisted Living Center or only new construction and renovation.

Reviewed 2026-09-28

Build a South Dakota emergency plan →

What this page is

The requirements South Dakota places on a facility emergency preparedness plan, taken from the state’s own rules rather than a national template. Where we have confirmed something against primary text it is stated plainly; where we have not, it says so and names what to check. Nothing here is inferred from what other states do.

The part that is the same everywhere

The federal layer does not vary by state, and it is narrower than it is usually described. OSHA 29 CFR §1910.38 does not bind every employer on its own — by its applicability paragraph it governs an emergency action plan whenever another OSHA standard requires the employer to have one, and it then settles what that plan must contain. The CMS emergency preparedness rule applies by certified provider type rather than by building. That layer, plus the exit-route, alarm and first-aid rules and the fire code’s plan structure, is covered in the main crash course rather than repeated on all fifty state pages.

Write the plan

The Emergency Plan Builder produces the document itself. It reads the same research as this page, but it does not yet carry every requirement here into the plan it writes, so check the plan against this page before you rely on it for South Dakota. The Compliance Calendar puts the drills and inspections on dates.