ICC Subscriptions
 
SECTION 310 RESIDENTIAL GROUP R

310.1 Residential Group R.


Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I. Residential occupancies shall include the following:

R-1
   Residential occupancies containing sleeping units where the occupants are primarily transient in nature, including:

Boarding houses (transient)

Hotels (transient)

Motels (transient)

[HCD 1] Efficiency dwelling units (transient)


R-2
   Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Apartment houses

Boarding houses (not transient)

Convents

Dormitories

Fraternities and sororities

Hotels (nontransient)

Monasteries

Motels (nontransient)

Vacation timeshare properties

[HCD 1] Efficiency dwelling units (nontransient)


Congregate living facilities with 16 or fewer occupants are permitted to comply with the construction requirements for Group R-3.

R-3
   Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-3.1, R-4 or I, including:

Buildings other than townhouses that do not contain more than two dwelling units.

Townhouses not more than three stories above grade in height with a separate means of  egress.


Adult care facilities that provide accommodations for clients of any age for less than 24 hours. Licensing categories that may use this classification include, but are not limited to: Adult Day-care Facilities, Adult Day-support Center. [SFM]

Child care facilities that provide accommodations for clients of  any age for less than 24 hours. Licensing categories that may use this classification include, but are not limited to:
[SFM]

Family Day-care Homes, Day-care Center for Mildly Ill Children, Infant Care Center and School Age Child Day-care Center.


Congregate living facilities with 16 or fewer persons.

R-3.1.   [SFM]
This occupancy group may include facilities licensed by a governmental agency for a residentially based 24-hour care facility providing accommodations for six or fewer clients of  any age. Clients may be classified as ambulatory, nonambulatory or bedridden. A Group R-3.1 occupancy shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in Section 425, Special Provisions For Licensed 24-Hour Care Facilities in a Group I-1, R-3.1 or R-4 Occupancy. This group may include:

Adult Residential Facilities


Congregate Living Health Facilities


Foster Family Homes


Group Homes


Intermediate Care Facilities for the Developmentally Disabled Habilitative


Intermediate Care Facilities for the Developmentally Disabled Nursing


Nurseries for the full-time care of  children under the age of  six, but not including “infants” as defined in Section 310


Residential Care Facilities for the Elderly


Small Family Homes and Residential Care Facilities for the Chronically Ill


Exception:
Group Homes licensed by the Department of  Social Services which provide nonmedical board, room and care for six or fewer ambulatory children or children two years of  age or younger, and which do not have any nonambulatory clients shall not be subject to regulations found in Section 425.

Pursuant to Health and Safety Code Section 13143 with respect to these exempted facilities, no city, county, or public district shall adopt or enforce any requirement for the prevention of fire or for the protection of life and property against fire and panic unless the requirement would be applicable to a structure regardless of the special occupancy. Nothing shall restrict the application of state or local housing standards to such facilities if the standards are applicable to residential occupancies and are not based on the use of the structure as a facility for ambulatory children. For the purpose of this exception, “ambulatory children” does not include relatives of the licensee or the licensee's spouse.

R-4   
Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than six ambulatory clients, excluding staff.

Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code.

This occupancy classification may include a maximum six nonambulatory or bedridden clients (see Section 425, Special Provisions For Licensed 24-Hour Care Facilities in a Group I-1, R-3.1, or R-4 Occupancy). Group R-4 occupancies shall include the following:


Assisted living facilities such as: Residential care facilities, Residential Care Facilities for the Elderly (RCFE's), Adult Residential Facilities, Congregate Living Health facilities, and Group homes.


Social rehabilitation facilities such as: Halfway houses, Community Correctional Centers, Community Correction Reentry Centers, Community Treatment Programs, Work Furlough Programs, and Alcoholism or drug abuse recovery or treatment facilities.


310.2 Definitions.


The following words and terms shall, for the purposes of this section and as used elsewhere in this code, have the meanings shown herein.

AGED HOME OR INSTITUTION [SFM]
is a facility used for the housing of  persons 65 years of  age or older in need of  care and supervision. (See definition of  “Care and supervision.")

BEDRIDDEN PERSON [SFM]
means a person, requiring assistance in turning and repositioning in bed, or being unable to independently transfer to and from bed, except in facilities with appropriate and sufficient care staff, mechanical devices if  necessary, and safety precautions as determined in Title 22 regulations, by the Director of  Social Services or his or her designated representative.

The Director of  Social Services or his or her designated representative shall make the determination of  the bedridden status of  persons with developmental disabilities, in consultation with the Director of  Developmental Services or his or her designated representative.


The Director of  Social Services or his or her designated representative shall make the determination of  the bedridden status of  all other persons with disabilities who are not developmentally disabled.


BOARDING HOUSE.
A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.

CARE AND SUPERVISION [SFM]
means any one or more of  the following activities provided by a person or facility to meet the needs of  the clients:

Assistance in dressing, grooming, bathing and other personal hygiene.


Assistance with taking medication.


Central storage and/or distribution of  medications.


Arrangement of  and assistance with medical and dental care.


Maintenance of  house rules for the protection of  clients.


Supervision of  client schedules and activities.


Maintenance and/or supervision of  client cash resources or property.


Monitoring of  food intake or special diets.


Providing basic services required by applicable law and regulation to be provided by the licensee in order to obtain and maintain a community-care facility license.


CATASTROPHICALLY INJURED, [SFM]
as termed, means a person whose origin of  disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined by the Department of  Health Services Certification and Licensing that active rehabilitation would be beneficial.

CHILD-CARE CENTER [SFM]
is any facility of  any capacity other than a large or small family day-care home as defined in these regulations in which less than 24-hour-per-day nonmedical supervision is provided for children in a group setting.

CHILD OR CHILDREN [SFM]
is a person or persons under the age of  18 years.

CHRONICALLY ILL. [B] [SFM]
See “Terminally ill.”

CONGREGATE LIVING HEALTH FACILITY (CLHF), [SFM]
as termed, is a residential home with a capacity of  no more than six beds, which provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social recreational, and at least provides services for persons who are diagnosed with a terminal illness or who are catastrophically and severely disabled.

CONGREGATE LIVING FACILITIES.
A building or part thereof that contains sleeping units where residents share bathroom and/or kitchen facilities.

CONGREGATE RESIDENCE [SFM]
is any building or portion thereof  that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.

DAY CARE [SFM]
shall, for the purposes of  these regulations, mean the care of  persons during any period of  a 24-hour day where permanent sleeping accommodations are not provided.

Note:
“Day care” shall not be construed to preclude the use of  cots or mats for napping purposes, provided all employees, attendants and staff  personnel are awake and on duty in the area where napping occurs.

DAY-CARE HOME, LARGE FAMILY [SFM]
is a provider’s own home which is licensed to provide day care for periods less than 24 hours per day for nine to 14 persons, including children under the age of  10 years who reside at the home.

DAY-CARE HOME, SMALL FAMILY [SFM]
is a home which provides family day care to eight or fewer children, including children under the age of  10 years who reside at the home, in the provider's own home, for periods of  less than 24 hours per day. Small-family day-care homes are exempted from state fire and life safety regulations other than those state and local standards applicable to Group R, Division 3 occupancies. [See Health and Safety Code, Section 13143 (b).]

DORMITORY.
A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.

FULL-TIME CARE [B] [SFM]
shall mean the establishment and routine care of  persons on an hourly, daily, weekly, monthly, yearly or permanent basis, whether for 24 hours per day or less, and where sleeping accommodations are provided.

INFANT, [B] [SFM]
for the purpose of  these regulations, shall mean any child who because of  age only, is unable to walk and requires the aid of  another person to evacuate the building. In no case shall the term “infant” mean a child beyond two years of  age.

MENTALLY RETARDED PERSONS, PROFOUNDLY OR SEVERELY [B] [SFM]
shall mean any retarded person who is unable to evacuate a building unassisted during emergency conditions.

Note:
The determination as to such incapacity shall be made by the Director of  the State Department of  Public Health or his or her designated representative pursuant to Health and Safety Code Section 13131.3.

NONAMBULATORY PERSONS [B] [SFM]
are persons unable to leave a building unassisted under emergency conditions. It includes, but is not limited to, persons who depend on mechanical aids such as crutches, walkers and wheelchairs and any person who is unable to physically and mentally respond to a sensory signal approved by the State Fire Marshal or an oral instruction relating to fire danger.

The determination of  ambulatory or nonambulatory status of  persons with developmental disabilities shall be made by the Director of  Social Services or his or her designated representative, in consultation with the director of  Developmental Services or his or her designated representative. The determination of  ambulatory or nonambulatory status of  all other disabled persons placed after January 1, 1984, who are not developmentally disabled shall be made by the Director of  Social Services or his or her designated representative.


RESIDENTIAL CARE FACILITY FOR THE CHRONICALLY ILL (RCF/CI) [SFM]
as termed, means a housing arrangement with a maximum capacity of  25 residents that provides a range of  services to residents who have chronic, life-threatening illnesses.

RESIDENTIAL CARE FACILITY FOR THE ELDERLY (RCFE) [SFM]
as defined in Health and Safety Code Section 1569.2, shall mean a facility with a housing arrangement chosen voluntarily by persons 60 years of  age or over, or their authorized representative, where varying levels and intensities of  care and supervision, protective supervision or personal care are provided, based on their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of  age with compatible needs, as determined by the Department of  Social Services in regulations, may be allowed to be admitted or retained in a residential care facility for the elderly.

Pursuant to Health and Safety Code Section 13133, regulations of  the state fire marshal pertaining to Group R, Division 2 occupancies classified as Residential Facilities (RF) and Residential Care Facilities for the Elderly (RCFE) shall apply uniformly throughout the state and no city, county, city and county, including a charter city or charter county, or fire protection district shall adopt or enforce any ordinance or local rule or regulation relating to fire and panic safety which is inconsistent with these regulations. A city, county, city and county, including a charter city or charter county may pursuant to Health and Safety Code Section 13143.5, or a fire protection district may pursuant to Health and Safety Code Section 13869.7, adopt standards more stringent than those adopted by the state fire marshal that are reasonably necessary to accommodate local climate, geological, or topographical conditions relating to roof  coverings for Residential-Care Facilities for the Elderly.


RESIDENTIAL FACILITY (RF) [SFM]
as defined in Section 1502 of  the Health and Safety Code, shall mean any family home, group care facility, or similar facility determined by the director of  Social Services, for 24-hour nonmedical care of  persons in need of  personal services, supervision, or assistance essential for sustaining the activities of  daily living or for the protection of  the individual. Such facilities include small family homes and social rehabilitation facilities.

Pursuant to Health and Safety Code Section 13133, regulations of  the State Fire Marshal pertaining to Group R Occupancies classified as Residential Facilities (RF) and Residential Care Facilities for the Elderly (RCFE) shall apply uniformly throughout the state and no city, county, city and county, including a charter city or charter county, or fire protection district shall adopt or enforce any ordinance or local rule or regulation relating to fire and panic safety which is inconsistent with these regulations. A city, county, city and county, including a charter city or charter county may pursuant to Health and Safety Code Section 13143.5, or a fire protection district may pursuant to Health and Safety Code Section 13869.7, adopt standards more stringent than those adopted by the state fire marshal that are reasonably necessary to accommodate local climate, geological, or topographical conditions relating to roof  coverings for Residential Care Facilities for the Elderly.


TERMINALLY ILL [SFM]
as termed for an individual, means the individual has a life expectancy of  six months or less as stated in writing by his or her attending physician and surgeon.

TRANSIENT.
Occupancy of a dwelling unit or sleeping unit for not more than 30 days.

310.3 Large-family day care homes.
See Section 445.

310.3.1

For purposes of clarification, Health and Safety Code Section 1597.46 is repeated.
(a)   A city, county, or city and county shall not prohibit large-family day-care homes on lots zoned for single-family dwellings, but shall do one of  the following:
(1)   Classify these homes as a permitted use of  residential property for zoning purposes.
(2)   Grant a nondiscretionary permit to use a lot zoned for a single-family dwelling to any large-family day care home that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of  the general plan and shall take into consideration the noise level generated by children. The permit issued pursuant to this paragraph shall be granted by the zoning administrator, if  any, or if  there is no zoning administrator by the person or persons designated by the planning agency to grant such permits, upon the certification without a hearing.
(3)   Require any large-family day care home to apply for a permit to use a lot zoned for single-family dwellings. The zoning administrator, if  any, or if  there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits shall review and decide the applications. The use permit shall be granted if  the large-family day care home complies with local ordinances, if  any, prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision.

Any noise standards shall be consistent with local noise ordinances implementing the noise element of  the general plan and shall take into consideration the noise levels generated by children.


The local government shall process any required permit as economically as possible, and fees charged for review shall not exceed the costs of  the review and permit process. Not less than 10 days prior to the date on which the decision will be made on the application, the zoning administrator or person designated to handle such use permits shall give notice of  the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100-foot (30 480 mm) radius of  the exterior boundaries of  the proposed large-family day care home. No hearing on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if  any, of  the appeal.


(b)   A large-family day-care home shall not be subject to the provisions of  Division 13 (commencing with Section 21000) of  the Public Resources Code.


(c)   Use of  a single-family dwelling for the purposes of  a large-family day care home shall not constitute a change of  occupancy for purposes of  Part 1.5 (commencing with Section 17910) of  Division 13 (State Housing Law), or for purposes of  local building and fire codes.


(d)   Large-family day care homes shall be considered as single-family residences for the purposes of  the State Uniform Building Standards Code and local building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of  the children in these homes adopted by the State Fire Marshal pursuant to this subdivision.
310.3.2 Smoke alarm.

Large-family day care homes shall be equipped with State Fire Marshal approved and listed single-station residential-type smoke alarms. The number and placement of  smoke alarms shall be determined by the enforcement authority.
310.3.3 Fire extinguishers.

Large- and small-family day care homes shall be equipped with a portable fire extinguisher having a minimum 2-A: 10-B:C rating.
310.3.4 Fire alarm devices.

Every large-family day care home shall be provided with at least one manual device at a location approved by the authority having jurisdiction. Such device shall actuate a fire alarm signal, which shall be audible throughout the facility at a minimum level of  15 db above ambient noise level. These devices need not be interconnected to any other fire alarm device, have a control panel or be electrically supervised or provided with emergency power. Such device or devices shall be attached to the structure and may be of  any type acceptable to the enforcing agent, provided that such devices are distinctive in tone and are audible throughout the structure.
310.3.5 Compliance.

Every large-family day care home shall comply with the provisions for Group R-3 occupancies.


Enforcement of  these provisions shall be in accordance with the Health and Safety Code Sections 13145 and 13146. No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule or regulation relating to the subject of  fire and life safety in large-family day care homes which is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to single-family residences in which day care is not provided.
310.3.6 Special hazards.

Every unenclosed gas-fired water heater or furnace which is within the area used for child care in a large-family day care home shall be protected in such a way as to prevent children from making contact with those appliances.


Exception:
This does not apply to kitchen stoves or ovens.