Section 310 — 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 or when not regulated by the California Residential Code . Group R occupancies not constructed in accordance with the California Residential Code as permitted by Sections 310.4.1 and 310.4.2 shall comply with Section 420.

Residential Group R-1 occupancies containing sleeping units or more than two dwelling units where the occupants are primarily transient in nature, including:

Boarding houses (transient) with more than 10 occupants

Congregate residences (transient) with more than 10 occupants

Hotels (transient)

Motels (transient)

[HCD 1] Efficiency dwelling units (transient)

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

Apartment houses

Large family child care

Small family child care

Congregate living facilities (nontransient) with more than 16 occupants

Boarding houses (nontransient)

Convents

Dormitories

Emergency services living quarters

Fraternities and sororities

Monasteries

Hotels (nontransient)

Live/work units

Motels (nontransient)

Vacation timeshare properties

[HCD 1] Efficiency dwelling units (transient)

310.3.1 Residential Group R-2.1. Residential Group R-2.1 occupancies shall include buildings, structures or parts thereof housing clients, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services.

This occupancy may contain more than six nonambulatory and/or bedridden clients. (See Section 435 Special Provisions for Licensed 24-Hour Care Facilities in a Group R-2.1, R-3.1 or R-4 Occupancy). This group shall include, but not be limited to, the following:

Assisted living facilities such as: Residential care facilities, Residential care facilities for the elderly (RCFEs), Adult residential facilities, Congregate living health facilities, Group homes, Residential care facilities for the chronically ill, Congregate living health facilities for the terminally ill.

Social rehabilitation facilities such as: Halfway houses, Community correctional centers, Community treatment programs, Work furlough programs, Alcoholism or drug abuse recovery or treatment facilities.

310.3.2 Residential Group R-2.2 (CDCR Only). Residential occupancies operated by CDCR in a community located facility that provides housing and community-based program services for nontransient ambulatory participants in a nonlicensed facility with 24/7 supervision.

Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2.1, R-2.2, R-3.1, R-4 or I, including:

Buildings that do not contain more than two dwelling units

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OCCUPANCY CLASSIFICATION AND USE

Care facilities that provide accommodations for five or fewer persons receiving care

Congregate residences (nontransient) with 16 or fewer occupants

Boarding houses (nontransient)

Convents

Dormitories

Emergency services living quarters

Fraternities and sororities

Monasteries

Congregate residences (transient) with 10 or fewer occupants

[HCD 1] Efficiency dwelling units

Boarding houses (transient)

Adult care facilities that provide accommodations for six or fewer clients of any age for less than 24 hours

Licensing categories that may use this classification include Adult Day Programs

Alcoholism or drug abuse recovery homes (ambulatory only)

Child-care facilities that provide accommodations for six or fewer clients of any age for less than 24 hours

Licensing categories that may use this classification include, but are not limited to:

Day-Care Center for Mildly Ill Children, Infant Care Center, School Age Child Day-Care Center

Family Day-Care Homes that provide accommodations for 14 or fewer children, in the provider’s own home for less than 24-hours

Adult care and child-care facilities that are within a single family home are permitted to comply with the California Residential Code

Lodging houses with five or fewer guest rooms

310.4.1 Residential Group R-3.1. 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 435 Special Provisions For Licensed 24-Hour Care Facilities in a Group R-2.1, R-3.1 or R-4 Occu- pancy. This group may include:

Adult residential facilities

Congregate living health facilities

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 Chapter 2

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 435.

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 do not include relatives of the licensee or the licensee’s spouse.

310.4.2 Lodging houses. Owner-occupied lodging houses with five or fewer guest rooms shall be constructed in accordance with this code or the California Residential Code, provided that facilities constructed using the California Residential Code are protected by an automatic sprinkler system installed in accordance with Section 903.3.1.3 or Section R309.1.1 of the California Residential Code.

Residential Group R-4 occupancy shall include buildings, structures or portions thereof for more than six ambulatory clients, but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. The persons receiving care are capable of self-preservation. This occupancy classification may

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OCCUPANCY CLASSIFICATION AND USE

include a maximum six nonambulatory or bedridden clients (see Section 435, Special Provisions for Licensed 24-Hour Care Facilities in a Group R-2.1, R-3.1 or R-4). Group R-4 occupancies shall meet the requirements in Section 420. This group shall include, but not be limited to, the following:

Assisted living facilities such as: Residential care facilities, Residential care facilities for the elderly (RCFE), Adult residential facilities, Congregate living health facilities, Group homes.

Social rehabilitation facilities such as: Halfway houses, Community treatment programs, Work furlough programs, Alcoholism or drug abuse recovery or treatment facilities.