R-3 use codes
308.3.4 Revise subsection as follows:
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.
310.5.1 Care facilities within a single family dwelling. Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with
the International Residential Code provided an automatic sprinkler system is installed in accordance with section 903.3.1.3.
310.6 Residential Group R-4. Residential Group R-4 occupancy shall include buildings,
structures or portions thereof for more than five but not more than 16 persons, excluding
staff, who reside on a 24-hour basis in a supervised residential environment and receive
custodial care. Buildings of Group R-4 shall be classified as one of the occupancy
conditions specified in section 310.6.1 or 310.6.2. The persons receiving care are capable
of self-preservation. This group shall include, but not be limited to, the following:
1. Alcohol and drug centers;
2. Assisted living facilities; (see also M.G.L. c. 19D for provisions related to certain assisted living facilities administered by the Executive Office of Elder Affairs).
3. Congregate care facilities;
4. Group homes;
5. Halfway houses;
6. Residential board and care facilities including facilities pursuant to 104 CMR 28.00 (DMH): Licensing and Operational Standards for Community Programs and housing no more than 12
people; and
7. Social rehabilitation facilities
Group R-4 occupancies shall meet the requirements for construction as defined for Group
R-3, except as otherwise provided for in 780 CMR.
(3)
All providers must assure that the sites where supports and services are provided are clean, environmentally safe, free of vermin and obvious fire and chemical hazards, maintained in
accordance with common fire safety practices, and of sufficient size to accommodate comfortably the number of individuals and staff it serves. Any objects or conditions that represent
a fire hazard greater than that which could be expected of ordinary household furnishings shall not be permitted.
CUSTODIAL CARE. Assistance with day-to-day living tasks; such as assistance with cooking, taking medication, bathing, using toilet facilities and other tasks of daily living. Custodial
care includes persons receiving care who have the ability to respond to emergency situations and evacuate at a slower rate and/or who have mental and psychiatric complications.
-Care facilities are used by patients of varying acuity seeking a broad spectrum of available support services. These facilities span a wide range of occupancy types including Groups
E, I and R. There are
three types of care defined in the codes: personal, custodial, and medical.
• Personal care is on one end of the care spectrum. It occurs in Group E for child daycare services for persons over 21/2 years of age. Occupants are supervised but do not need custodial
or medical care.
• Custodial care occurs in Groups I-1, I-4 and R4, where occupants may be elderly or impaired, or require adult or child daycare of any age. Care recipients may need daily living assistance
such as cooking, cleaning, bathing, or with taking medications. Persons who receive custodial care may or may not require assistance with evacuation depending on the occupancy and/
or the “condition” in the occupancy. See also the commentary to Section 308.3 for Group I-1/ R4 and Section 308.6 for Group I-4.
• Medical care occurs in Group I-2 on the opposite end of the spectrum, where care recipients are incapable of self-preservation. They may be completely bedridden, meaning bed movement
may be required during emergencies, and may be dependent on life support systems such as medical gases and emergency power to maintain life. This level of acuity is not allowed in custodial
care or personal care.
There are two defining aspects of custodial care, which further differentiate it from medical care. The first is the evacuation capability of custodial care recipients. Custodial care
recipients’ evacuation capabilities are limited by the occupancy classification criteria or the occupancy condition in which care occurs. Groups I-1/R-4 Condition 1 only include occupants
with the ability to self-evacuate. Groups I-1/R-4 Condition 2 include limited assistance with evacuation. Group R-4 also assumes that occupants may not be able to respond on their own
during emergencies. The second differentiating aspect is that I-1 and R-4 custodial care recipients also participate in fire drills per the IFC, versus Group I-2 medical care which
implements defend-in-place strategies during emergencies. The level of care provided describes the condition and capabilities of an occupant which then indicates the appropriate standards
for protection systems, both active and passive. See also the definition of “24-hour basis,” “Ambulatory care facility,” “Detoxification facility,” “Foster care facility,” “Group home,”
“Hospitals and psychiatric hospitals,” “Medical care,” “Nursing home,” “Personal care services,” and “Incapable of self-preservation.”
PERSONAL CARE SERVICE. The care of persons who do
not require medical care. Personal care involves responsibility
for the safety of the persons while inside the building
-Persons who need personal care may need supervision,
but they are capable of self-preservation (see
the commentary for Section 305, Group E day care).
Care facilities are used by patients of varying acuity
seeking a broad spectrum of available support services.
These facilities span a wide range of occupancy
types including Groups E, I and R. There are
three types of care defined in the codes: personal,
custodial and medical. On the lower end of the care
spectrum (i.e., personal care) is when occupants are
supervised but do not need custodial or medical care.
Where occupants may be elderly or impaired (i.e.,
custodial care) they may need occasional daily living
assistance such as cooking and cleaning. While
occupants may take longer to evacuate than average,
they are capable of self-preservation. On the
opposite end of the care spectrum, persons receiving
care may be completely bedridden and dependent on
medical gases and emergency power to maintain life
(i.e., medical care). The level of care provided
describes the condition and capabilities of an occupant
which then indicates appropriate standards for
protection systems and building. See also the definitions
for “24-hour basis,” “Custodial care,” “Detoxification
facility,” “Foster care facility,” “Group home,”
“Hospitals and psychiatric hospitals,” “Medical care,”
“Nursing home,” and “Incapable of self-preservation.”