beach
Gold Member
There is uncertainty in the fire service and the drug and alcohol recovery industry with regard to the applicability of the California Building Code to licensed facilities.
H&S Section 11834.02 states that an “alcoholism or drug abuse recovery or treatment facility” means any premises, place or building where 24 hour residential, non-medical services are given. H&S Section 11834.23 states that an alcoholism or drug abuse or treatment facility which serves six or fewer persons shall be considered a residential use. Likewise, H&S Sections 1566.2 and 1566.3 make it very clear that the use of any dwelling used as a facility for six or fewer persons, including single family dwellings, units in duplexes, units in apartment buildings, units in cooperatives and condominiums, units in townhouses and mobile homes must be treated as residential uses. These Health and Safety Code sections are not in dispute; Both the industry and the fire service agree that these sections of the Health and Safety Code make it clear that residential drug and alcohol treatment facilities serving six or fewer clients are to be treated as residential uses. Nor is it in dispute that a residential drug and alcohol treatment facility for 6 or less clients could occupy each and every dwelling unit within a given duplex or an apartment building; Clearly the language in Health and Safety Code Section 1566.2 implies that there may be any number of “units” in a multiple unit residential building.
There is a dispute, however, about the exact occupancy classification of the building when residential care and treatment facilities for 6 or less clients occupy several units in the same building and the units are not separated by firewalls built in accordance with Sec 705 of the CBC.
In Section 310.1 of the CBC, the definition of the R3 occupancy group includes “Buildings other than townhouses that do not contain more than two dwelling units.” According to this definition, a duplex building does not consist of two R3 dwellings. Rather, it is an R3 building containing two dwelling units. Can the two dwelling units in a single R3 become two R3.1’s?
Section 419 of the CBC states that dwelling units only need to be separated by one hour fire partitions built in accordance with Section 708 of the CBC. In most cases, the fire partition is not required to run through a common attic. Instead, the separation within the attic is required to be nothing more than a draft stop.
R-4 occupancies in the CBC are defined as buildings arranged for occupancy as residential care or assisted living for more than six ambulatory clients. Section 705.1 of the CBC states that “Each portion of a building separated by one or more fire walls that comply with the provisions of this section shall be considered a separate building.” According to Table 705.4, the required fire wall necessary to separate a building into two R3’s (R3.1’s) is two hours. The question then is “If a fire partition is inadequate to separate two or more R3’s, how can a fire partition be all that is required to separate two R3.1’s ?
Within the definition of an R3.1, in section 310.1, we are told that “A Group R3.1 occupancy shall meet the requirements for construction as defined for Group R3” Could individual units in an apartment building containing several R3.1 occupancies be constructed as an R3? Could an apartment building in which each and every unit has an individual license be constructed as an R3?
Acknowledging that the Health and Safety Code as well as State licensing agencies permit multiple facilities for six or less clients in the same building, the CBC establishes regulations for this occurrence: If the building houses six clients or less, it is classified as an R3.1. If the building contains multiple facilities with an aggregate sum of more than six clients, the CBC classifies it as an R4 unless the building is divided into separate buildings by fire walls built in accordance with Section 705.
Thanks!
H&S Section 11834.02 states that an “alcoholism or drug abuse recovery or treatment facility” means any premises, place or building where 24 hour residential, non-medical services are given. H&S Section 11834.23 states that an alcoholism or drug abuse or treatment facility which serves six or fewer persons shall be considered a residential use. Likewise, H&S Sections 1566.2 and 1566.3 make it very clear that the use of any dwelling used as a facility for six or fewer persons, including single family dwellings, units in duplexes, units in apartment buildings, units in cooperatives and condominiums, units in townhouses and mobile homes must be treated as residential uses. These Health and Safety Code sections are not in dispute; Both the industry and the fire service agree that these sections of the Health and Safety Code make it clear that residential drug and alcohol treatment facilities serving six or fewer clients are to be treated as residential uses. Nor is it in dispute that a residential drug and alcohol treatment facility for 6 or less clients could occupy each and every dwelling unit within a given duplex or an apartment building; Clearly the language in Health and Safety Code Section 1566.2 implies that there may be any number of “units” in a multiple unit residential building.
There is a dispute, however, about the exact occupancy classification of the building when residential care and treatment facilities for 6 or less clients occupy several units in the same building and the units are not separated by firewalls built in accordance with Sec 705 of the CBC.
In Section 310.1 of the CBC, the definition of the R3 occupancy group includes “Buildings other than townhouses that do not contain more than two dwelling units.” According to this definition, a duplex building does not consist of two R3 dwellings. Rather, it is an R3 building containing two dwelling units. Can the two dwelling units in a single R3 become two R3.1’s?
Section 419 of the CBC states that dwelling units only need to be separated by one hour fire partitions built in accordance with Section 708 of the CBC. In most cases, the fire partition is not required to run through a common attic. Instead, the separation within the attic is required to be nothing more than a draft stop.
R-4 occupancies in the CBC are defined as buildings arranged for occupancy as residential care or assisted living for more than six ambulatory clients. Section 705.1 of the CBC states that “Each portion of a building separated by one or more fire walls that comply with the provisions of this section shall be considered a separate building.” According to Table 705.4, the required fire wall necessary to separate a building into two R3’s (R3.1’s) is two hours. The question then is “If a fire partition is inadequate to separate two or more R3’s, how can a fire partition be all that is required to separate two R3.1’s ?
Within the definition of an R3.1, in section 310.1, we are told that “A Group R3.1 occupancy shall meet the requirements for construction as defined for Group R3” Could individual units in an apartment building containing several R3.1 occupancies be constructed as an R3? Could an apartment building in which each and every unit has an individual license be constructed as an R3?
Acknowledging that the Health and Safety Code as well as State licensing agencies permit multiple facilities for six or less clients in the same building, the CBC establishes regulations for this occurrence: If the building houses six clients or less, it is classified as an R3.1. If the building contains multiple facilities with an aggregate sum of more than six clients, the CBC classifies it as an R4 unless the building is divided into separate buildings by fire walls built in accordance with Section 705.
Thanks!