Section R336 Large Family Day-Care Homes
- The component weighs 400 lb (1,780 N) or less and has a center of mass located 4 ft (1.22 m) or less above the supporting structure; or
- The component weighs 20 lb (89 N) or less or, in the case of a distributed system, 5 lb/ft (73 N/m) or less.
For purposes of clarification, Health and Safety Code Section 1597.46 is repeated.
- Classify these homes as a permitted use of residential property for zoning purposes.
- Grant a nondiscretionary permit to use a lot zoned for a single-family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise level generated by children. The permit issued pursuant to this paragraph shall be granted by the zoning administrator, if any, or if there is no zoning administrator by the person or persons designated by the planning agency to grant such permits, upon the certification without a hearing.
- A large family day-care home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.
- Use of a single-family dwelling for the purposes of a large family day-care home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law), or for purposes of local building and fire codes.
- Large family day-care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and local building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal pursuant to this subdivision.
Every large family day-care home shall be provided with at least one manual device at a location approved by the authority having jurisdiction. Such device shall actuate a fire alarm signal, which shall be audible throughout the facility at a minimum level of 15 db above ambient noise level. These devices need not be interconnected to any other fire alarm device, have a control panel or be electrically supervised or provided with emergency power. Such device or devices shall be attached to the structure and may be of any type acceptable to the enforcing agent, provided that such devices are distinctive in tone and are audible throughout the structure.
Every large family day-care home shall comply with the provisions for Group R-3 occupancies and, if appropriate, Section R336.1. For the purposes of Section R336.1, the first story shall be designated as the floor used for residential occupancy nearest to the street level which provides primary access to the building.
Enforcement of the provisions shall be in accordance with the Health and Safety Code Sections 13145 and 13146. No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in large-family day-care homes which is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to single-family residences in which day care is not provided.
Every story or basement of a large family day-care home shall be provided with two exits which are remotely located from each other. Every required exit shall be of a size to permit the installation of a door not less than 32 inches (813mm) in clear width and not less than 6 feet 8 inches (2032 mm) in height. A manually operated horizontal sliding door may be used as one of the two required exits.
Where basements are used for day-care purposes, one of the two required exits shall provide access directly to the exterior without entering the first story. The second exit from the basement may either pass through the story above or exit directly to the exterior.
Exception: Buildings equipped with an automatic sprinkler system throughout and which have at least one of the required exits providing access directly to the exterior. NFPA 13R may be used in large family day-care homes. The sprinkler omissions of NFPA 13R shall not apply unless approved by the enforcing agency.
Exit doors, including manually operated horizontal sliding doors, shall be openable from the inside without use of a key or any special knowledge or effort.