day care/adult care & assisted living facilities objective overview

Day Care/Adult CareDay Care/Adult Care& &

Assisted Living FacilitiesAssisted Living Facilities

Objective OverviewObjective Overview

Code Development HistoryCode Development History(BOCA 2000-2004/05)(BOCA 2000-2004/05)

Two Code Changes Submitted in 2000Two Code Changes Submitted in 2000– G30-00-AS:G30-00-AS:

– Part 1 Part 1 Revision to: 308.2: Allowed for a facility with five or fewer persons Revision to: 308.2: Allowed for a facility with five or fewer persons

shall be classified as Group R-3 or shall comply with the International shall be classified as Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2Residential Code in accordance with Section 101.2

Revision to: 310.1: Group R-3: Adult and child care facilities that are Revision to: 310.1: Group R-3: Adult and child care facilities that are within a single family home are permitted to comply with the within a single family home are permitted to comply with the International Residential Code in accordance with Section 101.2International Residential Code in accordance with Section 101.2

Code Development HistoryCode Development History(BOCA 2000-2004/05)(BOCA 2000-2004/05)

– Part 2Part 2 Revision to 310.2: Strike number of persons from Revision to 310.2: Strike number of persons from

definition of Residential Care/Assisted Living Facilitiesdefinition of Residential Care/Assisted Living Facilities

Code Development HistoryCode Development History

G32-00-ASG32-00-AS– Revision to 308.5: Group I-4, Day Care Facilities:Revision to 308.5: Group I-4, Day Care Facilities:

Clarifies and defines Adult Care Facility: I-4 vs. A-3 Clarifies and defines Adult Care Facility: I-4 vs. A-3 based on duration of stay and ability to self-evacuate. based on duration of stay and ability to self-evacuate.


Three Changes Submitted in 2003:Three Changes Submitted in 2003:– G31-02-D Submitted to clarify/coordinate current I-1 G31-02-D Submitted to clarify/coordinate current I-1

and R-4 definitions regarding Residential and R-4 definitions regarding Residential Care/Assisted Living Facilities: DeniedCare/Assisted Living Facilities: Denied

– G86-02-D Proposed creation of new Section 409, G86-02-D Proposed creation of new Section 409, Licensed Residential Care Facilities: as used in Licensed Residential Care Facilities: as used in North Carolina, DeniedNorth Carolina, Denied


2002 Continued2002 Continued– F89-02-D: Revision to 903-2.7 & create new F89-02-D: Revision to 903-2.7 & create new

section: 903.2.8 which would require installation of section: 903.2.8 which would require installation of residential sprinkler systems in Group R-4 uses: residential sprinkler systems in Group R-4 uses: DeniedDenied


Four Code Changes Submitted 2003/04Four Code Changes Submitted 2003/04– G39-03/04 Withdrawn by ProponentG39-03/04 Withdrawn by Proponent

– G41-03/04 D: Proposal attempted to clarify I-1 vs R-4 G41-03/04 D: Proposal attempted to clarify I-1 vs R-4 requirements, Deniedrequirements, Denied

– G45-04/04 D: Proposal attempted to include Congregate G45-04/04 D: Proposal attempted to include Congregate Living Facilities under the Group R-2 definition, DeniedLiving Facilities under the Group R-2 definition, Denied

– RB268-03/04-AS: Proposal added new text and created RB268-03/04-AS: Proposal added new text and created Appendix M to clarify Home Daycare-R-3 Occupancy Appendix M to clarify Home Daycare-R-3 Occupancy requirements, Approved as Submitted requirements, Approved as Submitted


Two Code Changes Submitted in 2004/05:Two Code Changes Submitted in 2004/05:– G41-04/05-D: Proposal to modify Section 310.1, R-G41-04/05-D: Proposal to modify Section 310.1, R-

2 inclusion of Congregate Living Facilities, Denied2 inclusion of Congregate Living Facilities, Denied– G42-04/05-AS: Proposal adds Congregate Living G42-04/05-AS: Proposal adds Congregate Living

Facilities with 16 or fewer residents to the Group R-3 Facilities with 16 or fewer residents to the Group R-3 definition and clarifies the definition of Congregate definition and clarifies the definition of Congregate Living Facilities under Section 310.2, Approved as Living Facilities under Section 310.2, Approved as Submitted.Submitted.

Historical InformationHistorical Information

Congress Passes the Federal Fair Housing Act in 1968 Congress Passes the Federal Fair Housing Act in 1968 which bars discrimination in housing on the basis of which bars discrimination in housing on the basis of race, color, religion, sex, familial status or national race, color, religion, sex, familial status or national origin.origin.

After a number of lawsuits Congress in 1988 amends After a number of lawsuits Congress in 1988 amends the FFHA to include coverage to “persons with the FFHA to include coverage to “persons with disabilities”. disabilities”.

Historical InformationHistorical Information

For purposes of enforcing this law, “Handicap” and For purposes of enforcing this law, “Handicap” and “Disabled” are interchangeable terms.“Disabled” are interchangeable terms.

Section 802 (42 USC 3602) FFHA Definitions @ (h):Section 802 (42 USC 3602) FFHA Definitions @ (h): ““Handicap” means, with respect to a person:Handicap” means, with respect to a person:

– a physical or mental impairment which substantially limits a physical or mental impairment which substantially limits one or more of such person’s major life activitiesone or more of such person’s major life activities

– a record of having such an impairment, ora record of having such an impairment, or– being regarded as having such impairment, but such term being regarded as having such impairment, but such term

does not include current illegal use or addiction to a does not include current illegal use or addiction to a controlled substance (as defined in Section 102 of the controlled substance (as defined in Section 102 of the Controlled Substances Act).Controlled Substances Act).

Current Code DesignationsCurrent Code Designations

2003 IBC Definitions: Chapter 22003 IBC Definitions: Chapter 2

ASSISTED LIVING FACILITIES:ASSISTED LIVING FACILITIES: See Section 310.2, See Section 310.2, “Residential Care/Assisted living facilities.”“Residential Care/Assisted living facilities.”

RESIDENTIAL CARE/ASSSITED LIVING FACILITIES:RESIDENTIAL CARE/ASSSITED LIVING FACILITIES: See Section 310.2.See Section 310.2.


2003 IBC Use and Occupancy Classifications:2003 IBC Use and Occupancy Classifications: Chapter 3Chapter 3

Section 305: Educational Group ESection 305: Educational Group E Section 305.2: Day Care:Section 305.2: Day Care: The use of a building or structure, or The use of a building or structure, or

portion thereof, for educational, supervision or personal care services for portion thereof, for educational, supervision or personal care services for more than five children older than 2-1/2 years of age, shall be classified as more than five children older than 2-1/2 years of age, shall be classified as Group E occupancy.Group E occupancy.


Section 308: Institutional Group ISection 308: Institutional Group I

Institutional Group I occupancy includes, among others, the use Institutional Group I occupancy includes, among others, the use

of a building or structure, or a portion thereof, in which people of a building or structure, or a portion thereof, in which people are cared for or live in a supervised environment, having physical are cared for or live in a supervised environment, having physical limitations because of health or age are harbored for medical limitations because of health or age are harbored for medical treatment or other care or treatment….Institutional occupancies treatment or other care or treatment….Institutional occupancies shall be classified as Group I-1, I-2, I-3 or I-4shall be classified as Group I-1, I-2, I-3 or I-4

Current Code DesignationsCurrent Code Designations Section 308.2: Group I-1:Section 308.2: Group I-1: This occupancy shall include buildings, structures or parts thereof housing more than This occupancy shall include buildings, structures or parts thereof housing more than

16 persons, on a 24 hour basis, who because of age, mental disability or other reasons, live in a 16 persons, 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. The occupants are supervised residential environment that provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following:group shall include, but not be limited to, the following:

Residential Board and Care FacilitiesResidential Board and Care Facilities Assisted Living FacilitiesAssisted Living Facilities Halfway HousesHalfway Houses Group HomesGroup Homes Congregate care facilitiesCongregate care facilities Social rehabilitation facilitiesSocial rehabilitation facilities Alcohol and drug centersAlcohol and drug centers Convalescent facilitiesConvalescent facilities A facility such as the above with five or fewer persons shall be classified as a Group A facility such as the above with five or fewer persons shall be classified as a Group

R-3 or shall comply with the International Residential Code in accordance with Section 101.2. A R-3 or shall comply with the International Residential Code in accordance with Section 101.2. A facility such as above, housing at least six and not more than 16 persons, shall be classified as facility such as above, housing at least six and not more than 16 persons, shall be classified as Group R-4.Group R-4.

Current Code DesignationsCurrent Code Designations Section 308.3 Group I-2:Section 308.3 Group I-2: This occupancy shall include buildings and structures used for This occupancy shall include buildings and structures used for

medical, surgical, psychiatric, nursing or custodial care on a 24-hour basis of medical, surgical, psychiatric, nursing or custodial care on a 24-hour basis of more than five persons who are not capable of self-preservation. This group more than five persons who are not capable of self-preservation. This group shall include, but not be limited to, the following:shall include, but not be limited to, the following:

HospitalsHospitals Nursing HomesNursing Homes Mental hospitalsMental hospitals Detoxification facilitiesDetoxification facilities A facility such as the above with five or fewer persons shall be A facility such as the above with five or fewer persons shall be

classified as Group R-3 or shall comply with the International Residential classified as Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2Code in accordance with Section 101.2

Section 308.3.1 Child Care Facility:Section 308.3.1 Child Care Facility: A child care facility that provides care on a 24-hour basis to more A child care facility that provides care on a 24-hour basis to more

than five children 2-1/2 years of age or less shall be classified as Group I-2.than five children 2-1/2 years of age or less shall be classified as Group I-2.


Section 308.5 Group I-4, day care facilities:Section 308.5 Group I-4, day care facilities: This group shall include buildings and structures This group shall include buildings and structures

occupied by persons of any age who receive custodial care for occupied by persons of any age who receive custodial care for less than 24 hours by individuals other than parents or guardians, less than 24 hours by individuals other than parents or guardians, relatives by blood, marriage or adoptions and in a place other relatives by blood, marriage or adoptions and in a place other than the home of the person cared for. A facility such as the than the home of the person cared for. A facility such as the above with five or fewer persons shall be classified as a Group above with five or fewer persons shall be classified as a Group R-3 or shall comply with the International residential code in R-3 or shall comply with the International residential code in accordance with Section. Places of worship during religious accordance with Section. Places of worship during religious functions are not included.functions are not included.


Section 308.5.1: Adult care facility: Section 308.5.1: Adult care facility: A facility that provides accommodations for less than 24 hours for A facility that provides accommodations for less than 24 hours for

more than five unrelated adults and provides supervision and personal care services shall more than five unrelated adults and provides supervision and personal care services shall be classified as Group I-4.be classified as Group I-4.

Exception: A facility where occupants are capable of responding to an emergency Exception: A facility where occupants are capable of responding to an emergency situation without physical assistance from the staff shall be classified as Group A-3.situation without physical assistance from the staff shall be classified as Group A-3.

Section 308.5.2: Child care facility: Section 308.5.2: Child care facility:

A facility that provides supervision an personal care on less than a 24-hour basis A facility that provides supervision an personal care on less than a 24-hour basis for more that five children 2-1/2 years of age or less shall be classified as Group I-4. for more that five children 2-1/2 years of age or less shall be classified as Group I-4.

Exception: A child day care facility that provides care for more than Exception: A child day care facility that provides care for more than five but not more than 100 children 2-1/2 years or less of age, when the rooms where such five but not more than 100 children 2-1/2 years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.rooms has an exit door directly to the exterior, shall be classified as Group E.


Section 310 Residential Group RSection 310 Residential Group R Residential Group R includes, among others, the use of a Residential Group R includes, among others, the use of a

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

R-1 Residential occupancies where the occupants are primary R-1 Residential occupancies where the occupants are primary transient in nature, including:transient in nature, including:

Boarding houses (transient)Boarding houses (transient) Hotels (transient)Hotels (transient) Motels (transient)Motels (transient)


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

Apartment housesApartment houses Boarding houses (not transient)Boarding houses (not transient) ConventsConvents DormitoriesDormitories Fraternities and sororitiesFraternities and sororities MonasteriesMonasteries Vacation timeshare propertiesVacation timeshare properties Hotels (nontransient)Hotels (nontransient) Motels (nontransient)Motels (nontransient)


R-3 Residential occupancies where the occupants are primarily R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4 or I and permanent in nature and not classified as R-1, R-2, R-4 or I and where buildings do not contain more than two dwelling units as where buildings do not contain more than two dwelling units as applicable in Section 101.2, applicable in Section 101.2, or adult and child care facilities that or adult and child care facilities that provide accommodations for five or fewer persons of any age for provide accommodations for five or fewer persons of any age for less and 24 hours. Adult and child care facilities that are within less and 24 hours. Adult and child care facilities that are within a single-family home are permitted to comply with the a single-family home are permitted to comply with the International residential Code in accordance with Section 101.2International residential Code in accordance with Section 101.2


Section 310.2 DefinitionsSection 310.2 Definitions

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

DORMITORY: DORMITORY: A space in a building where group sleeping accommodations are 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 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 members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.in college dormitories or fraternity houses.

DWELLING UNIT:DWELLING UNIT: A single unit providing complete, independent living facilities A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, for one or more persons, including permanent provisions for living, sleeping, eating,

cooking and sanitationcooking and sanitation..


Section 310.2 DefinitionsSection 310.2 Definitions

PERSONAL CARE SERVICE:PERSONAL CARE SERVICE: The care of residents who do not require chronic The care of residents who do not require chronic or convalescent medical or nursing care. Personal care involves responsibility for the or convalescent medical or nursing care. Personal care involves responsibility for the safety of the resident while inside the building.safety of the resident while inside the building.

RESIDENTIAL CARE/ASSISTED LIVING FACILITY:RESIDENTIAL CARE/ASSISTED LIVING FACILITY: A building or part A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities. rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.

Group Classification MatrixGroup Classification Matrix

Group # of Residents

Age of Occupants

Length of Stay

Self Evacuation

Code Section

A-3 Adult >5 “Adult” <24-hour basis

Yes 308.5.1Exception

E >5 >2-1/2 Not Stated Not Stated, but implied, Yes

305.2

E 100>5 <2-1/2 Not Stated, but implied<24-hour basis

Not Stated, but implied, No

308.5.2Exception

I-1 >16 Not Stated 24-hour basis

Yes 308.2

I-2 >5 Not Stated 24-hour basis

No 308.3

I-4 >5 Not Stated <24-hour basis


308.5


Group # of Residents

Age of Occupants

Length of Stay

Self Evacuation

Code Section

I-4 Adult >5 “Adult” <24-hour basis

Not Stated, but implied No

308.5.1

I-4 Child >5 <2-1/2 <24-hour basis


308.5.2

R-3 5 or less “Adult/Child’ <24-hour basis

Not Stated 308.2 &310.1

R-4 16<5 Not Stated Not Stated but implied 24-hour basis

Not Stated 308.2 &310.1


Notes: Notes:

Section 308.4 Group I-3Section 308.4 Group I-3 refers to the undefined term “self- refers to the undefined term “self-preservation”. There is more than one definition of that term.preservation”. There is more than one definition of that term.

Section 22-1.3 of NFPA 101-97, referenced in Chapter 35 Section 22-1.3 of NFPA 101-97, referenced in Chapter 35 refers to the terms: “Prompt Self-Evacuation”; “Slow refers to the terms: “Prompt Self-Evacuation”; “Slow Evacuation” or “Impractical Evacuation”.Evacuation” or “Impractical Evacuation”.Section 308.2 Group I-1Section 308.2 Group I-1 refers to a Group R-4 where the facility refers to a Group R-4 where the facility houses at least six and not more than 16 persons while Section houses at least six and not more than 16 persons while Section 310.1 Residential Group R-4 refers to “more than five but not more 310.1 Residential Group R-4 refers to “more than five but not more than 16 persons.”than 16 persons.”


Section 308.2 Group I-1Section 308.2 Group I-1 makes reference to buildings housing makes reference to buildings housing more than 16 persons while Section 310.1 Residential Group R-4 more than 16 persons while Section 310.1 Residential Group R-4 makes reference to housing not more than16 occupants, excluding makes reference to housing not more than16 occupants, excluding staff. Is the staff included in the I-1 reference?staff. Is the staff included in the I-1 reference?

Why choose 2-1/2 years as a threshold? I refer to the Why choose 2-1/2 years as a threshold? I refer to the Commentary from the 1996 BOCA National Building Code Commentary from the 1996 BOCA National Building Code which states at 308.3.1,which states at 308.3.1,

– Child care facilities housing more than five children 2-1/2 Child care facilities housing more than five children 2-1/2 years and younger are classified in Use Group I-2 because years and younger are classified in Use Group I-2 because children younger than 2-1/2 years old are not typically children younger than 2-1/2 years old are not typically capable of independently responding to an emergency, but capable of independently responding to an emergency, but must be led or carried to safety. Under such circumstances, must be led or carried to safety. Under such circumstances, the occupants are considered nonambulatory.the occupants are considered nonambulatory.


Notes: Notes: Section 308.5.1 Adult Care Facility ExceptionSection 308.5.1 Adult Care Facility Exception refers to an A-3 refers to an A-3 designation yet the A-3 Section, 303.1 makes no reference to it.designation yet the A-3 Section, 303.1 makes no reference to it.

Section 308.5.2 Child Care Facility ExceptionSection 308.5.2 Child Care Facility Exception refers to an E refers to an E designation yet the E Section 305 makes no reference to it.designation yet the E Section 305 makes no reference to it.

Section 308.5.2 Child Care Facility Execption refers to more than Section 308.5.2 Child Care Facility Execption refers to more than 5 but not more than 100 children under the age of 2 ½ as being an 5 but not more than 100 children under the age of 2 ½ as being an “E” Use Group, does this mean that if you have over 100 children “E” Use Group, does this mean that if you have over 100 children under 2 ½ you become an I-4?under 2 ½ you become an I-4?


Notes: Notes:

Section 308.2 Group I-1Section 308.2 Group I-1 refers to the undefined terms “capable of refers to the undefined terms “capable of responding to an emergency situation”. Screaming is a response, responding to an emergency situation”. Screaming is a response, but I am sure that that was not what the code intended. Again, a but I am sure that that was not what the code intended. Again, a clearer reference to the desired result should be included, such as clearer reference to the desired result should be included, such as the NFPA 101-97 definitions.the NFPA 101-97 definitions.

Undefined TermsUndefined Terms

Residential Board and Care Facilities: Residential Board and Care Facilities: – Is that the same as a Residential Care/Assisted Living Facility?Is that the same as a Residential Care/Assisted Living Facility?

Assisted Living Facilities: (5,600,000 hits on google) Assisted Living Facilities: (5,600,000 hits on google) Halfway Houses: (8,510,000 hits on google)Halfway Houses: (8,510,000 hits on google) Group Homes: (68,500,000 hits on google)Group Homes: (68,500,000 hits on google) Congregate care facilities: (1,610,000 hits on google)Congregate care facilities: (1,610,000 hits on google) Social rehabilitation facilities: (31,500,000 hits on google)Social rehabilitation facilities: (31,500,000 hits on google) Alcohol and drug centers: (5,300,000 hits on google)Alcohol and drug centers: (5,300,000 hits on google) Convalescent facilities: (711,000 hits on googleConvalescent facilities: (711,000 hits on google)) Self-PreservationSelf-Preservation ““Responding to an emergency” Responding to an emergency”

Alternate DefinitionsAlternate Definitions Definitions Taken From: Definitions Taken From: The New Illustrated Book of Development The New Illustrated Book of Development

DefinitionsDefinitions, by Harvey S. Moskowitz and Carl G. Lindbloom, 1993, Rutgers, , by Harvey S. Moskowitz and Carl G. Lindbloom, 1993, Rutgers, The State University of New JerseyThe State University of New Jersey

ASSISTED LIVING FACILITYASSISTED LIVING FACILITY: Residences for the frail elderly that : Residences for the frail elderly that provide rooms, meals, personal care, and supervision or self-administered provide rooms, meals, personal care, and supervision or self-administered medication. They may provide other services, such as recreational activities, medication. They may provide other services, such as recreational activities, financial services, and transportation.financial services, and transportation.

BOARDING HOME FOR SHELTERED CARE:BOARDING HOME FOR SHELTERED CARE: A nonprofit or for-profit A nonprofit or for-profit boarding home for the sheltered care of persons with special needs, which, in boarding home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation.personal care, social or counseling services and transportation.

BOARDING HOUSE:BOARDING HOUSE: A dwelling unit or part thereof in which, for A dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial compensation, lodging and meals are provided; personal and financial services may be offered as well.services may be offered as well.

Alternate DefinitionsAlternate Definitions COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED

(CRDD):(CRDD): A residential facility, licensed by the state, providing food, shelter, and A residential facility, licensed by the state, providing food, shelter, and personal guidance, with supervision, to developmentally disabled or mentally ill personal guidance, with supervision, to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the persons who require assistance, temporarily or permanently, in order to live in the community and shall include group homes, halfway houses, intermediate care community and shall include group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels.facilities, supervised apartment living arrangements, and hostels.

COMMUNITY RESIDENTIAL HOME: COMMUNITY RESIDENTIAL HOME: A dwelling licensed to serve clients of the A dwelling licensed to serve clients of the appropriate governmental department that provides a living environment for unrelated appropriate governmental department that provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of an aged person, a physically disabled or handicapped emotional, and social needs of an aged person, a physically disabled or handicapped person, a developmentally disabled person, a nondangerous mentally ill person, and a person, a developmentally disabled person, a nondangerous mentally ill person, and a child as defined in the appropriate statute. child as defined in the appropriate statute.

CONGREGRATE RESIDENCE:CONGREGRATE RESIDENCE: Apartments and dwellings with communal dining Apartments and dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the activities, transportation services, and other support services appropriate for the residents. residents.

Alternate DefinitionsAlternate Definitions FRATERNITY HOUSE:FRATERNITY HOUSE: A building containing sleeping rooms, bathrooms, A building containing sleeping rooms, bathrooms,

common rooms, and a central kitchen and dining room maintained exclusively common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an for fraternity members and their guests or visitors and affiliated with an institution of higher learning. institution of higher learning.

GROUP HOMES:GROUP HOMES: See GROUP RESIDENCES. See GROUP RESIDENCES. GROUP RESIDENCES:GROUP RESIDENCES: See BOARDING HOME FOR SHELTERED See BOARDING HOME FOR SHELTERED

CARE; BOARDING HOUSE; DORMITORY; FRATERNITY HOUSECARE; BOARDING HOUSE; DORMITORY; FRATERNITY HOUSE HALFWAY HOUSE:HALFWAY HOUSE: See BOARDING HOME FOR SHELTERED CARE. See BOARDING HOME FOR SHELTERED CARE. PERSONAL SERVICESPERSONAL SERVICES: Establishments primarily engaged in providing : Establishments primarily engaged in providing

services involving the care of a person or his or her personal goods or apparel. services involving the care of a person or his or her personal goods or apparel. Personal Services usually include the following: laundry, including cleaning Personal Services usually include the following: laundry, including cleaning and pressing service, linen supply, diaper service, beauty ships, barbershops, and pressing service, linen supply, diaper service, beauty ships, barbershops, shoe repair, funeral services, steam bath, reducing salons and health clubs, shoe repair, funeral services, steam bath, reducing salons and health clubs, clothing rental, locker rental, porter service and domestic services.clothing rental, locker rental, porter service and domestic services.

Prompt Self-EvacuationPrompt Self-Evacuation

The New Jersey Department of Community Affairs defines The New Jersey Department of Community Affairs defines “Egress Protocol” as follows:“Egress Protocol” as follows:

The residents of a facility are presumed to have a The residents of a facility are presumed to have a prompt self-prompt self-evacuation capabilityevacuation capability when the following conditions are met.: when the following conditions are met.:– A site specific evacuation plan must be drawn up and followed.A site specific evacuation plan must be drawn up and followed.– Fire drills, supervised by staff, must be performed at least once a month.Fire drills, supervised by staff, must be performed at least once a month.– Each shift shall perform at least 4 fire drills per yearEach shift shall perform at least 4 fire drills per year– Fire drills shall be performed at random times so that residents are Fire drills shall be performed at random times so that residents are

engaged in a variety of routine activities during the fire drills.engaged in a variety of routine activities during the fire drills.– Fire drills shall assume different fire location simulations which require Fire drills shall assume different fire location simulations which require

that all means of egress be used.that all means of egress be used.

Prompt Self-EvacuationPrompt Self-Evacuation

– The evacuation plan shall include a designated meeting spot at which the The evacuation plan shall include a designated meeting spot at which the residents assemble after evacuation the building.residents assemble after evacuation the building.

– A prompt egress time of three minutes or less must be attained and A prompt egress time of three minutes or less must be attained and maintained by all residents in a (Use) Group R buildingmaintained by all residents in a (Use) Group R building

– If any resident in the facility exceeds the allotted time, the facility If any resident in the facility exceeds the allotted time, the facility manager must take one of the following steps: add awake staff to assure manager must take one of the following steps: add awake staff to assure that the 3 minute prompt evacuation time is met; relocate or replace that the 3 minute prompt evacuation time is met; relocate or replace clients so that required time is met; conform to the I-1 (Use) Group.clients so that required time is met; conform to the I-1 (Use) Group.

– Residents are not physically restrained or locked in at any time.Residents are not physically restrained or locked in at any time.– Written records must be maintained that include: date and time of the fire Written records must be maintained that include: date and time of the fire

drill; location of simulated fire; evacuation plan followed; evaluation of drill; location of simulated fire; evacuation plan followed; evaluation of residents’ evacuation times; names of residents and staff who participated residents’ evacuation times; names of residents and staff who participated in the drill.in the drill.

SupervisionSupervision

Unfortunately, there is very little in the way of standardization for required Unfortunately, there is very little in the way of standardization for required supervision in the various types of facilities studied.supervision in the various types of facilities studied.

Supervision and staffing patterns are primarily based on the needs of the Supervision and staffing patterns are primarily based on the needs of the patients/residents.patients/residents.

The residents/clients/patients needs help to determine what level of medical The residents/clients/patients needs help to determine what level of medical and supervisory care that is necessary and appropriate staffing is theoretically and supervisory care that is necessary and appropriate staffing is theoretically altered to meet this need.altered to meet this need.

The “higher level of functional ability” is one of the key factors in The “higher level of functional ability” is one of the key factors in determining as well as the “program description” of the type of activities determining as well as the “program description” of the type of activities performed in each facility.performed in each facility.

The ability to evacuate the residents in an emergency is also a governing The ability to evacuate the residents in an emergency is also a governing factor in determining staffing requirements.factor in determining staffing requirements.

SupervisionSupervision Numerous articles were found which cited poorly trained or overworked Numerous articles were found which cited poorly trained or overworked

staffs. One of the most glaring accidental deaths attributed to poorly trained staffs. One of the most glaring accidental deaths attributed to poorly trained staff came as the result of a nurses aid feeding a bedridden man an entire hot staff came as the result of a nurses aid feeding a bedridden man an entire hot dog. The man’s chart stated that his food had to be ground up. The man dog. The man’s chart stated that his food had to be ground up. The man choked to death…the aid responsible for his death, claimed that although she choked to death…the aid responsible for his death, claimed that although she knew that the man could choke…she didn’t know how to use the blender to knew that the man could choke…she didn’t know how to use the blender to chop up the food. chop up the food.

Many states require a multi-level review process of care facilities prior to the Many states require a multi-level review process of care facilities prior to the issuance of their license. Unfortunately, certain states allow residential type issuance of their license. Unfortunately, certain states allow residential type facilities with five (5) or fewer residents to operate without state-mandated facilities with five (5) or fewer residents to operate without state-mandated licenses or inspections.licenses or inspections.

Standardized criteria for staffing levels should be adopted to ensure that Standardized criteria for staffing levels should be adopted to ensure that adequate personnel are available to supervise and assist the residents/children. adequate personnel are available to supervise and assist the residents/children.

(I realize that this portion is outside the scope of the IBC/IRC however this is (I realize that this portion is outside the scope of the IBC/IRC however this is key factor in establishing and maintaining the safety of the residents)key factor in establishing and maintaining the safety of the residents)

Fire RequirementsFire Requirements

Section 308.3.1 Child Care FacilitySection 308.3.1 Child Care Facility which provides care on a which provides care on a 24-hour basis to more than 5 children 2-1/2 years of age or less 24-hour basis to more than 5 children 2-1/2 years of age or less shall be classified as Group I-2. However, the requirements in shall be classified as Group I-2. However, the requirements in Section 407.5 which require automatic sprinkler systems in Section 407.5 which require automatic sprinkler systems in “smoke compartments containing patient sleeping units” “smoke compartments containing patient sleeping units” mentions no requirement for the sleeping children who are also, mentions no requirement for the sleeping children who are also, “not capable of self preservation”. Why not?“not capable of self preservation”. Why not?

Six children less than 2-1/2 years of age require sprinklers? Six children less than 2-1/2 years of age require sprinklers? Five do not?Five do not?

Six children less than 2-1/2 years of age require smoke Six children less than 2-1/2 years of age require smoke partitions. Five do not.partitions. Five do not.

Fire RequirementsFire Requirements

I believe that the term “patient” should be removed and a more all-I believe that the term “patient” should be removed and a more all-encompassing term or terms must be substituted.encompassing term or terms must be substituted.

Table 503 does not permit a Group I-2 facility to be built under Table 503 does not permit a Group I-2 facility to be built under Type VB construction however, both the Group R-3 and R-4 Type VB construction however, both the Group R-3 and R-4 permit it. In fact, you could build an unlimited area Group R-3 permit it. In fact, you could build an unlimited area Group R-3 facility…but only 5 people could stay there.facility…but only 5 people could stay there.

Section 907.2.6.1 Group I-2 requires that, “corridors in nursing Section 907.2.6.1 Group I-2 requires that, “corridors in nursing homes…detoxification facilities and spaces open to the corridors homes…detoxification facilities and spaces open to the corridors shall be equipped with an automatic fire detection system. Amend shall be equipped with an automatic fire detection system. Amend the requirement to include I-2 classified Day Care Facilities as the requirement to include I-2 classified Day Care Facilities as described in Section 308.3.1described in Section 308.3.1

Recommendations:Recommendations:

Adopt standardized definitions for the various types of Adopt standardized definitions for the various types of facilities represented.facilities represented.

Mandate a minimum of two independent means of Mandate a minimum of two independent means of egress regardless of the size of the facility. Currently egress regardless of the size of the facility. Currently R3/R4 type operations do not require two means of R3/R4 type operations do not require two means of egress.egress.

Ensure that the means of egress can be safely negotiated Ensure that the means of egress can be safely negotiated by persons with physical disabilities.by persons with physical disabilities.

Fire drills and mutual aid fire evacuation plansFire drills and mutual aid fire evacuation plans

RecommendationsRecommendations::

Install automatic smoke actuated fire alarm systems in Install automatic smoke actuated fire alarm systems in all facilities directly connected to the local fire all facilities directly connected to the local fire department.department.

Install fire resistant/rated room entry doors.Install fire resistant/rated room entry doors. Where applicable, install fire rated stair enclosures.Where applicable, install fire rated stair enclosures. Install manual fire alarm systems.Install manual fire alarm systems. Install exit markingsInstall exit markings Install emergency exit area lighting.Install emergency exit area lighting.

RecommendationsRecommendations::

Lastly, and certainly not least, mandate the installation Lastly, and certainly not least, mandate the installation of sprinkler systems in all facilities where of sprinkler systems in all facilities where children/elderly/handicapped/disabled individuals are children/elderly/handicapped/disabled individuals are cared for.cared for.

The benefit associated with the installation or retrofit of The benefit associated with the installation or retrofit of a compliant sprinkler system far outweighs the cost of a compliant sprinkler system far outweighs the cost of its installation.its installation.

CommentsComments

Building codes have traditionally been Building codes have traditionally been reactivereactive instead instead of of proactiveproactive and changes often occur after a significant and changes often occur after a significant event or disaster takes place.event or disaster takes place.

Fortunately, I was not able to pinpoint one event that Fortunately, I was not able to pinpoint one event that has significantly altered the building codes with regard has significantly altered the building codes with regard to these type of facilities. to these type of facilities.

However, the elderly portion of our population However, the elderly portion of our population continues to grow and now represents the largest sector continues to grow and now represents the largest sector of our population. (2002 Census)of our population. (2002 Census)

Desire for Adult Care facilities will also proportionately Desire for Adult Care facilities will also proportionately rise.rise.

CommentsComments

The building codes don’t and can’t take into The building codes don’t and can’t take into account the diminished abilities of the residents account the diminished abilities of the residents to contribute to their safety as their physical and to contribute to their safety as their physical and mental abilities fade and/or their age increases. mental abilities fade and/or their age increases. Diligent inspections on the part of the fire Diligent inspections on the part of the fire service can help but that can’t take the place of service can help but that can’t take the place of both active and passive fire resistive measures.both active and passive fire resistive measures.

CommentsComments

Additionally, as far as I am aware, children Additionally, as far as I am aware, children continue to grow. By establishing a 2 ½ year continue to grow. By establishing a 2 ½ year old threshold, you will be at some point out of old threshold, you will be at some point out of compliance every time a child has a birthday. compliance every time a child has a birthday.

CommentsComments

Although the codes don’t deal with staff Although the codes don’t deal with staff turnover, unfamiliarity with evacuation plans turnover, unfamiliarity with evacuation plans and resident’s needs can cause the loss of and resident’s needs can cause the loss of precious seconds in the need to evacuate.precious seconds in the need to evacuate.

Increased active and passive systems can help Increased active and passive systems can help “buy time”“buy time”

CommentsComments

Small facilities, typically those with five or Small facilities, typically those with five or fewer individuals receiving care are the fastest fewer individuals receiving care are the fastest growing portion of the market sector. This is growing portion of the market sector. This is due in part to the ability to obtain in some cases due in part to the ability to obtain in some cases State and Federal money for the operation and State and Federal money for the operation and care of the individuals housed. care of the individuals housed.

Additionally, there are less restrictions and Additionally, there are less restrictions and associated costs with running a “Small” and in associated costs with running a “Small” and in most cases exempt operation.most cases exempt operation.

CommentsComments

Regardless of what you call a facility, day care, half-Regardless of what you call a facility, day care, half-way house, congregate dwelling, etc. the fact remains way house, congregate dwelling, etc. the fact remains the same, you are providing care to individuals who for the same, you are providing care to individuals who for whatever reason can’t take care of themselves. whatever reason can’t take care of themselves.

Why is it OK to allow five individuals to occupy a Why is it OK to allow five individuals to occupy a structure and treat it no differently than a single-family structure and treat it no differently than a single-family home when obviously the risk factors are greater yet, home when obviously the risk factors are greater yet, put six individuals in there and you have a whole put six individuals in there and you have a whole different set of guidelines? different set of guidelines?

CommentsComments

It is my suggestion that if you are engaged in the It is my suggestion that if you are engaged in the business of providing care or supervision to a group of business of providing care or supervision to a group of individuals that are, in some cases, incapable of taking individuals that are, in some cases, incapable of taking care of themselves, you need to increase the level of care of themselves, you need to increase the level of safety by the inclusion of both active and passive safety by the inclusion of both active and passive measures to help ensure the ability of the residents to measures to help ensure the ability of the residents to evacuate promptly in an emergency. evacuate promptly in an emergency.

Eliminate the exemption for occupancies with five or Eliminate the exemption for occupancies with five or fewer residents. fewer residents.

day care/adult care & assisted living facilities objective overview

Documents

code changes

group r

code development history

code development history

international residential

day care facilities

current code designations

child care facilities