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Saturday, July 16, 2016

Fire Codes for the Congregate Living Facility of no more than 16 total patients!

Table of Contents
1. Presentation Outline
2. Selected CBC Codes
3. SFM Interpretations
4. SFM Information Bulletins
5. Pre-Inspection Form 9290
6. Fire Safety Clearance Form 850, My Home



Unit 1: Introduction
1-1 Orientation and Administration
Unit 2: Residential Care Facilities
  1. 2-1  History .. ...
  2. 2-2  Definitions . . . .......
  3. 2-3  Rolls of Agencies . .. . . .
  4. 2-4  Authority & Responsibility for local enforcement . .
  5. 2-5  Limitations .....
  6. 2-6  Pre-Inspections, Form 9092
  7. 2-7  Fire Safety Clearance, Form 850 ... . . ..
  8. 2-8  R-2.1 Occupancies .
  9. 2-9  R-4 Occupancies . ..
  10. 2-10  R-3.1 Occupancies . ......
  11. 2-11  R-3 Occupancies . ..
  12. 2-12  Existing Occupancies . ..
  13. 2-13  Appeals . ..
  14. 2-14  The Future . .
Unit 3: Class Presentation Evaluation
3-1 Complete the Class Presentation Evaluation........................................................


Selected CBC Sections

CBC 1.11.4.5 Care facilities.
The primary fire enforcing agency shall complete the final fire clearance inspection for a community care facility, residential care facility for the elderly, or child day care facility within 30 days of receipt of the request for the final inspection, or as of the date the prospective facility requests the final pre-licensure inspection by the State Department of Social Services, whichever is later.
Pursuant to Health and Safety Code Section 13235, a fee equal to, but not exceeding the cost of the pre-inspection may be charged for a facility with a capacity to serve 25 or less clients. A fee equal to, but not exceeding the cost of the pre-inspection may be charged for a pre-inspection of a facility with a capacity to serve 26 or more clients.
Pursuant to Health and Safety Code Section 13131.5, a reasonable final inspection fee, not to exceed the actual cost of inspection services necessary to complete a final inspection may be charged for occupancies classified as residential care facilities for the elderly (RCFE).
Pursuant to Health and Safety Code Section 1569.84, neither the State Fire Marshal nor any local public entity shall charge any fee for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to residential care facilities for the elderly (RCFE) which service six or fewer persons.
1.11.4.6 Requests of the Office of the State Fire Marshal.
Whenever a local authority having jurisdiction requests that the State Fire Marshal perform plan review and/or inspection services related to a building permit, the applicable fees for such shall be payable to the Office of the State Fire Marshal.
1.11.5 Inspections.
Work performed subject to the provisions of this code shall comply with the inspection requirements of Title 24, Part 2, California Building Standards Code, Appendix Chapter 1, Sections 109.1, 109.3, 109.3.4, 109.3.5, 109.3.6, 109.3.8, 109.3.9, 109.3.10 109.5 and 109.6.
111.5.1 Existing Group I -1 or R occupancies.
Licensed 24-hour care in a Group I-1 or R occupancy in existence and originally classified under previously adopted state codes shall be re-inspected under the appropriate previous code, provided there is no change in the use or character which would place the facility in a different occupancy group.
202 Definitions.

RESTRAINT shall mean the physical retention of a person within a room, cell or holding facility by any means, or within a building by means of locked doors.
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-2.1 Facilities housing clients on a 24-hour basis in a supervised residential environment that provides personal care services. May contain more than six nonambulatory and/or bedridden clients, including:
Assisted living such as:
Residential care facilities
Residential care facilities for the elderly (RCFE’s)
Adult residential facilities.
Congregate living health facilities.
Group homes.
Residential facilities for the chronically ill.
Congregate living health facilities for the terminally ill. Social rehabilitation facilities such as:
Halfway houses
Community correction reentry centers
Community treatment programs
Work furlough programs
Alcoholism of drug abuse recovery or treatment facilities

R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-2.1, 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, non-ambulatory 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 R-2.1, R-3.1 or R-4 Occupancy. This group may include:
Adult Residential Facilities
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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 non-ambulatory 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 non-ambulatory or bedridden clients (see Section 425, Special Provisions For Licensed 24-Hour Care Facilities in a Group R-2.1, 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.

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