Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-2.1, R-3.1, R-4 or I, including:
- Buildings that do not contain more than two dwelling units
- Boarding houses (nontransient) with 16 or fewer occupants
- Boarding houses (transient) with 10 or fewer occupants
- Congregate residences (nontransient) with 16 or fewer occupants
- Congregate residences (transient) with 10 or fewer occupants
- [HCD 1] Efficiency dwelling units
- Adult care facilities that provide accommodations for six or fewer clients of any age for less than 24 hours.
- Licensing categories that may use this classification include Adult Day Programs.
- Alcoholism or drug abuse recovery homes (ambulatory only)
- Child care facilities that provide accommodations for six or fewer clients of any age for less than 24 hours.
Licensing categories that may use this classification include, but are not limited to:
- Family Day-Care Homes that provide accommodations for 14 or fewer children, in the provider’s own home for less than 24-hours.
- Foster family homes (ambulatory only)
- Adult care and child care facilities that are within a single family home are permitted to comply with the California Residential Code.
Lodging houses with five or fewer guest rooms
This occupancy group may include facilities licensed by a governmental agency for a residentially based 24-hour care facility providing accommodations for six or fewer clients of any age. Clients may be classified as ambulatory, nonambulatory or bedridden. A Group R-3.1 occupancy shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in 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 may include:
Adult residential facilities
Congregate living health facilities
Intermediate care facilities for the developmentally disabled habilitative
Intermediate care facilities for the developmentally disabled nursing
Nurseries for the full-time care of children under the age of six, but not including “infants” as defined in Section 310
Residential care facilities for the elderly
Small family homes and residential care facilities for the chronically ill
Exception: Group Homes licensed by the Department of Social Services which provide nonmedical board, room and care for six or fewer ambulatory children or children two years of age or younger, and which do not have any nonambulatory clients shall not be subject to regulations found in Section 435.
Pursuant to Health and Safety Code Section 13143 with respect to these exempted facilities, no city, county or public district shall adopt or enforce any requirement for the prevention of fire or for the protection of life and property against fire and panic unless the requirement would be applicable to a structure regardless of the special occupancy. Nothing shall restrict the application of state or local housing standards to such facilities if the standards are applicable to residential occupancies and are not based on the use of the structure as a facility for ambulatory children. For the purpose of this exception, ambulatory children does not include relatives of the licensee or the licensee’s spouse.