Mass 9th residential DDSMass Amendments 8th edition 308.2:
308.2 Add a third paragraph to this section as follows:
Residences such as the above with five or fewer occupants that are operated or licensed by
the Massachusetts Department of Developmental Services shall comply with the 780 CMR One and
Two-family Dwellings.
Mass Amendments 9th edition
308.3.4 Five or fewer persons receiving custodial care. A facility with five or fewer persons receiving custodial care shall be classified as Group R-3 or shall comply with the International
Residential Code provided an automatic sprinkler system is installed in accordance with section 903.3.1.3.
EXCEPTION: DDS group home facilities of five or fewer persons receiving custodial care. See section 310.5.
310.5 Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including:
1. Buildings that do not contain more than two dwelling units;
2. Boarding houses (nontransient) with 16 or fewer occupants;
3. Boarding houses (transient) with tenor fewer occupants;
4. Care facilities that provide accommodations for five or fewer persons receiving care;
5. Congregate living facilities (nontransient) with 16 or fewer occupants;
6. Congregate living facilities (transient) with tenor fewer occupants;
7. Lodging houses; and
8. DDS facilities in conformance with the occupant safety requirements of 115
CMR 7.00: Standards for All Services and Supports.
7th Edition 780 CMR 421.0 GROUP RESIDENCE
421.1 Scope. Except as may otherwise be specifically provided for in 780 CMR 421.0, the requirements of 780 CMR, in its entirety, and as applicable, shall apply.
421.1.1 Department of Mental Retardation (DMR) Group Homes. 780 CMR 421.0 shall not apply to premises operated or licensed by the Department of Mental Retardation (DMR) pursuant to 115
CMR 7.00 and 8.00, upon the completion of a DMR safety assessment for each individual and an approved safety plan for each location where services and supports are provided. Such premises
shall be treated as conventional R-4, R-3, R-2 and R-1 use as applicable.
R102.2.1 DDS Facilities. Additional building features required by the Massachusetts Department of Developmental Services (“DDS”) do not change the classification of residences operated
or licensed by DDS as dwellings subject to 780 CMR.