Change of Use?

[arwat23]

Let's say there's a regular apartment building. Looks like an apartment building, acts like an apartment building (residential use for families paying rent). If the landlord decides to take a few units off the market, add a door that connects the units, and use these units to temporarily house people who are in a treatment program for mental disorders, would that be considered a change in use or occupancy? Would a building permit be required for work like this?

I don't typically deal with this sort of thing, so any help would be greatly appreciated.

 

[steveray]

If they are not supervised, no....If they are receiving care...Maybe...But the doors would be permits anyway...

 

[mtlogcabin]

and use these units to temporarily house people who are in a treatment program for mental disorders, would that be considered a change in use or occupancy?

Yes but here may not be any code requirements that need to be meant depending on when it was constructed

 

[Joe.B]

Yeah, I agree with the above, a change either to R-1 or R-4, depending on if services are provided. Probably won't be a big deal though.

 

[steveray]

temporarily house people

If it is transient, it might be a problem...

 

[arwat23]

If it is transient, it might be a problem...

Owner wants to house some of the participants/patients based on their needs. They'd stay as long as they're in the program. Sometimes people are in the program for years, sometimes months, sometimes weeks.

No medial supervision or procedures done at the apartment. At worst, a nurse comes by to drop off meds once every few days.

 

[Joe.B]

302.1
An area, room or space that is intended to
be occupied at different times for different purposes shall
comply with all applicable requirements associated with such
potential multipurpose.

Residential Group R-1 occupancies
containing sleeping units where the occupants are
primarily transient in nature,

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

If you can't say it's primarily one or the other, then claim both and make sure it meets all requirements for both. Should be about the same so non-issue I'd say.

If it's between 6-16 occupants that "receive custodial care" then call it R-4 and it doesn't matter if it's more or less than 30 days per stay.

 

[Yankee Chronicler]

The proposed use sounds like R-4 to me.

 

[arwat23]

The proposed use sounds like R-4 to me.

What would push it to R-4? Assuming less than 6 people in those apartments, is there something else that would push it there?

 

[Yankee Chronicler]

What would push it to R-4? Assuming less than 6 people in those apartments, is there something else that would push it there?

There was no mention until now of less than 6 people.

Having served as a member of the board of directors for a halfway house, the description of the proposed use sounds to me a lot like a halfway house.

310.5 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 310.5.1 or 310.5.2. This group shall include, but not
be limited to, the following:

Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group homes
Halfway houses
Residential board and care facilities
Social rehabilitation facilities

 

[steveray]

What would push it to R-4? Assuming less than 6 people in those apartments, is there something else that would push it there?

If there is no supervision...Nothing...

 

[mtlogcabin]

[BG]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.

 

[arwat23]

There was no mention until now of less than 6 people.

Having served as a member of the board of directors for a halfway house, the description of the proposed use sounds to me a lot like a halfway house.

Sorry, I should have mentioned that sooner.

So if there are 6 or more people, that might push it to R-4? Thanks!

 

[steveray]

Sorry, I should have mentioned that sooner.

So if there are 6 or more people, that might push it to R-4? Thanks!

Not if there is no supervision and care

 

[arwat23]

[BG]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.

Let's assume 6 or more occupants for the sake of argument (it's less, but knowing the owner I wouldn't be surprised if they try to get more people to fit in the space). What if this isn't a supervised facility. The only employee who's ever on site is a nurse who stops by for 5 minutes to drop off medication. Would that push it to R-4 or would it be R-3? Or R-2.1 maybe?

 

[arwat23]

Not if there is no supervision and care

Got it. So supervision is the key factor.

What about R-2.1? Would this possibly fall under that occupation (I think R-2.1 is CA specific).

 

[Yankee Chronicler]

Not if there is no supervision and care

The halfway house on whose board I served happened to be a mental health halfway house. It is IMHO virtually impossible to imagine housing for people who are in a "treatment program for mental disorders" without there being some level of care or supervision that would trigger the R-4 classification. For this classification to be made, the nature of the treatment program and the exact nature and extent to which it may extend to the residential setting needs to be spelled out in excruciating detail.

 

[Yankee Chronicler]

Let's assume 6 or more occupants for the sake of argument (it's less, but knowing the owner I wouldn't be surprised if they try to get more people to fit in the space). What if this isn't a supervised facility. The only employee who's ever on site is a nurse who stops by for 5 minutes to drop off medication. Would that push it to R-4 or would it be R-3? Or R-2.1 maybe?

Dropping off medication doesn't require a nurse. That could be done by door dash. (Unless state law requires otherwise.) I'm skeptical that if a nurse stops by, he/she will not be providing any care or services other than dropping off medications.

Get it in writing, signed (and preferably notarized). This whole thing has red flags waving all over it.

 

[arwat23]

This whole thing has red flags waving all over it.

Preaching to the coir on that one haha. There's been a few red flags for this situation outside of what I've mentioned here. Apparently, according to some of the tenants, the owner claims to be an "expert in getting around 'strict' local governments". So, yeah, seems like a fun time ahead for me.

 

[mtlogcabin]

Is the use required by your state to be licensed? Our state license requirements define the level of care required for the occupants.

 

[arwat23]

Is the use required by your state to be licensed? Our state license requirements define the level of care required for the occupants.

I would be shocked if they didn't require some sort of license. This is California after all. Their therapists are licensed at the very least.

 

[Joe.B]

Got it. So supervision is the key factor.

What about R-2.1? Would this possibly fall under that occupation (I think R-2.1 is CA specific).

Yeah, I think you're on to something there. R-2.1 is CA specific, and now that I'm looking at it, it does specifically state "halfway houses" and "recovery or treatment facilities".

310.3.1 Residential Group R-2.1. Residential Group R-
2.1 occupancies shall include buildings, structures or
parts thereof housing clients, 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.

This occupancy may contain more than six nonambulatory
and/or bedridden clients. (See Section 435 Special
Provisions for Licensed 24-Hour Care Facilities in a
Group R-2. 1, R-3.1 or R-4 Occupancy). This group shall
include, but not be limited to, 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,
Group homes,
Residential care facilities for the chronically ill,
Congregate living health facilities for the terminally ill.

Social rehabilitation facilities such as:
Halfway houses,
Community correctional centers,
Community treatment programs,
Wark furlough programs,
Alcoholism or drug abuse recovery or treatment
facilities.

 

[MtnArch]

And watch out for the fire ratings/separations required by R2.1.