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Childcares in apartment buildings?

cda said:
So are you trying to do a

House

Or


Apartment
Click to expand...

Okay got it! Yup! This has been my whole argument with the fire inspector because she was immediately disqualifying the premises based on the argument that there are 3 units in the building. But my rationality is that if the place of residence meets each of the set requirements for life and fire safety, then it should qualify. California state laws protect childcares as much as possible because there is such a dire need for them. Government agencies cannot put any more stringent requirements on them unless they do so for all other single family residences.

So I’ve been searching every possible regulation that states that they are either prohibited or possible in apartment buildings. I just think it gets lost in translation when they say family daycares are R-3 Occupancy because they then suggest that it means they’re only allowed in one or two family buildings.
 
“”””I just think it gets lost in translation when they say family daycares are R-3 Occupancy because they then suggest that it means they’re only allowed in one or two family buildings.”””


They are allowed in almost any type of building or business, there are some exceptions where they are prohibitive


Now you are back to you want one in an apartment.

1.With that to me it is a matter of how many children you can fit in the ones you are looking at

2. Will the apt manager allow it

3. What will the city/ state allow

4. Plus more than likely other factors

I know of some in apartments in my city, but a limit of five max
 
The building code won't prohibit this. It's a matter of if the building classification can be altered to include the new use without any major changes to the building and if there are improved fire separations required between this suite and the adjacent suites for the mixed occupancies.
 
If it is an 'apartment' it's an R-2.
If you wish to change the occupancy classification to R-3, then you must be able to meet the R-3 criteria for the entire building. Since an R-3 cannot have more than 2 dwelling units, a 3-family building cannot meet the limitations of the R-3 classification.
The only possible 'exception' would be IF the structure were classified as 'townhouses' which are theoretically unlimited in the total number of dwelling units, HOWEVER all units would need to be side-by-side (no first floor unit, second floor different unit).
I actually agree that this is a misinterpretation by the FM but am not thoroughly familiar with California Codes...
Good luck
 
Back and forth Mele, have you spoken to the inspectors supervisor and/or licensing for childcare in your city? Maybe your local city councilman?
 
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