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Care vs Residential

Plumb-bob

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Aug 31, 2022
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297
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BC
I was having a discussion with our planner regarding classifications for various types of government housing projects. There are the building code defined terms of "care occupancy classification", "residential occupancy classification", and "treatment".

The lines between these types of occupancy classifications can be blurred and hard to determine. I think supportive housing is clearly residential, but assisted housing is getting into a care occupancy.

Thoughts? Examples?
 
Here care facilities are licensed by the state. The different license categories as defined in the MCA's determine the number of occupants permitted and if the building can be built under the residential code or the building code.

Community residential facilities are subject to this rule as follows:
(a) As specified in 76-2-412, MCA, building codes which are not applicable to residential occupancies may not be applied to a community residential facility serving eight or fewer persons or to a day care home serving 12 or fewer children.
(b) A community residential facility as defined in 76-2-411, MCA, includes an assisted living facility licensed under 50-5-227, MCA. Residential building codes are applicable to assisted living facilities with eight or fewer persons and a building permit will not be required by the department. Within the jurisdictional area of a local government that is certified to enforce the International Residential Code for single family dwellings, residential building codes shall be applied to assisted living facilities with eight or fewer persons.
(c) A licensed adult foster care home, as defined in 50-5-101, MCA, which by definition is limited to four or fewer residents, is the equivalent to a licensed adult foster family care home referenced in 76-2-411, MCA, and is therefore a community residential facility. Within the jurisdictional area of a local government that is certified to enforce building codes for single family dwellings, a licensed adult foster care home will be classified as a Group R, Division 3 structure for building permit and construction standard purposes. Within the state's jurisdictional area, a licensed adult foster care home will be treated as a residential building exempt from the state building code as provided in 50-60-102, MCA
 
There are a couple considerations:

If there is nursing staff present 24 hours a day, it is likely care.

If residents cannot self-evacuate, it is care.

Just because there is staff there 24 hours a day, does not make it "care". It depends on what the staff is doing.
 
I was having a discussion with our planner regarding classifications for various types of government housing projects. There are the building code defined terms of "care occupancy classification", "residential occupancy classification", and "treatment".

The lines between these types of occupancy classifications can be blurred and hard to determine. I think supportive housing is clearly residential, but assisted housing is getting into a care occupancy.

Thoughts? Examples?

Wouldn't disagree.

I've delved into this extensively, because I have been involved as a volunteer for an organization trying to build a 10-unit complex for developmentally challenged adults.

The critical determination lies in the cognitive and physical capacities of the occupants. Our province has made this somewhat easy, because Social Development's classification of developmentally challenged adults actually aligns relatively well with the definition of treatment.

The critical question lies in whether the occupants are reasonably expected to be cognitively or physically able to react in an emergency situation.

NBC definitions
Treatment means the provision of medical or other health-related intervention to persons, where the administration or lack of administration of these interventions may render them incapable of evacuating to a safe location without the assistance of another person. (See Note A-1.4.1.2.(1).)

Treatment occupancy (Group B, Division 2) means the occupancy or use of a building or part thereof for the provision of treatment, and where overnight accommodation is available to facilitate the treatment. (See Note A-1.4.1.2.(1).)

Our group is going to build under the new part 9 B-4 classification for small treatment facilities. Meals are provided and a staff member is onsite at all times - but while the tenants are generally expected to be sufficiently cognitive to be able to remove themselves in case of an emergency, there's a capacity to deal with occupants who may be inconsistently cognitive, and thus partly reliant on a staff member to assist in evacuating in case of a fire. We probably didn't *need* to go to B-4, but the intent was to "futureproof" the building so that it could be used for more challenged occupants in the future. Essentially, it's really a "C" occupancy with sprinklers, alarm, and a central staff-operated kitchen.

I'm not sure what BC has done with regards to B-4 occupancies in relation to energy efficiency requirements (9.36? NECB?) - the Code changes in 2020 NBC didn't really provide explicit guidance, but as the occupation is essentially residential, the B-4 occupancy can reasonably be brought under the umbrella of residential compliance under 9.36. Our province has adopted tier 1 under 9.36, so obtaining 10 points is relatively easy - an inch of foam on the walls and EnergyStar windows gets us there.
Community residential facilities are subject to this rule as follows:
(a) As specified in 76-2-412, MCA,

Psst: this is the Canuck section. Wrong codes, m'dude.
 
I'm not sure what BC has done with regards to B-4 occupancies in relation to energy efficiency requirements (9.36? NECB?) - the Code changes in 2020 NBC didn't really provide explicit guidance, but as the occupation is essentially residential, the B-4 occupancy can reasonably be brought under the umbrella of residential compliance under 9.36. Our province has adopted tier 1 under 9.36, so obtaining 10 points is relatively easy - an inch of foam on the walls and EnergyStar windows gets us there.
BC has some specific code requirements that circle around their social development's classification system. In discussing harmonization at the Canadian Board for Harmonized Construction Code, this comes up as a particularly challenging area to harmonize due to the various province's codes being intertwined with their respective social development departments. There is a strong push to move other province's to what we have done in New Brunswick; build the social development system around the national code requirements.
 
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