# Assisted Living



## jrosedesign (Sep 22, 2015)

I am entering a project in the DD phase.  I am trying to become familiar and comfortable with the code review in place, produced by a code consultant.  The review is classifying a 3-story (30,000 s.f. per floor) facility as R-2 and giving the option for type VA construction.

Here's how:

"The IBC defines Assisted Living facilities as being an I-1 occupancy.  Massachusetts has amended the Building definitions to permit assisted living facilities to be classified as R-2 (See 780 CMR 310.2)"

Personally I don't follow how the CMR 310.2 amend assisted living to R-2.

To complicate this even further '105 CMR: Department of Public Health' states that facilities shall be of type I or II construction (151.110: Types of Construction).

Just to state the obvious, the project is located in Massachusetts.  Under DPH we are classified under 'Resident Care units: Level IV'.

Thanks in advance,


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## cda (Sep 22, 2015)

Welcome welcome


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## cda (Sep 22, 2015)

Assisted living can mean different things to different people, also code wise.

It appears you are dealing with people that need some type of help and that there will be various different people on property assisting them.

Is that correct?

Versus basically an apartment building mainly for older people that can still get around.


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## cda (Sep 22, 2015)

Can you post the wording or link to

780 CMR 310.2


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## jrosedesign (Sep 22, 2015)

Yes: http://www.mass.gov/eopss/docs/dps/8th-edition/3-use-and-occupancy-classification.pdf


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## BSSTG (Sep 22, 2015)

Greetings and welcome to the board,

I don't know a thing about Mass codes. Only been there once. I sure don't understand how or why you could say an I-1 would be considered an R-2. Nevertheless, looks to me like with either classification it would be a real stretch to allow a building that size in looking at T503 even with allowances for sprinkler and frontage. Lots of things to think about.

Wasn't it in Mass. a couple of years ago where all of the old folks in a nursing home got killed in that horrible winter fire? Why in the world would they want old folks in a type V construction building?

I would be looking at that project real hard.

Again, welcome.

BSSTG


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## jrosedesign (Sep 22, 2015)

I would consider assisted living to be non-ambulatory residents not requiring skilled nursing, full time staff in a controlled facility.

I would consider an elderly complex apartment/condo style independent living.


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## jrosedesign (Sep 22, 2015)

BSSTG said:
			
		

> Greetings and welcome to the board,I don't know a thing about Mass codes. Only been there once. I sure don't understand how or why you could say an I-1 would be considered an R-2. Nevertheless, looks to me like with either classification it would be a real stretch to allow a building that size in looking at T503 even with allowances for sprinkler and frontage. Lots of things to think about.
> 
> Wasn't it in Mass. a couple of years ago where all of the old folks in a nursing home got killed in that horrible winter fire? Why in the world would they want old folks in a type V construction building?
> 
> ...


I agree, although height and areas calcs do work.  They are built like giant houses; I have been in quite a few.  Of coarse wood is cheaper to build than steel, probably 10-15%.


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## cda (Sep 22, 2015)

jrosedesign said:
			
		

> Yes: http://www.mass.gov/eopss/docs/dps/8th-edition/3-use-and-occupancy-classification.pdf


But is there still a limit on the number of people in the R setting??

http://publicecodes.cyberregs.com/icod/ibc/2009f2cc/icod_ibc_2009f2cc_3_sec010.htm

Did they take it out of "I" occupancy

Will have to look at the entire mass building code


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## RLGA (Sep 22, 2015)

Personally, I think it should be an I-1.  The amendments do not reclassify all assisted living facilities as Group R.  From what I can see in the amendments, the maximum number of occupants for a Group R assisted living facility (which is still a Group R-4, since there is no amendment that changes that classification) is 16.  A 3-story building with 30,000 sq. ft. per story will definitely have more than 16 occupants.

The amendment that modifies the definition for assisted living facilities only states that portions of assisted living facilities NOT classified as Group R shall conform to the requirements applicable to those intended uses.

I don't see how that project could be classified as a Group R-2 if it truly is an assisted living facility.


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## jrosedesign (Sep 22, 2015)

RLGA said:
			
		

> Personally, I think it should be an I-1.  The amendments do not reclassify all assisted living facilities as Group R.  From what I can see in the amendments, the maximum number of occupants for a Group R assisted living facility (which is still a Group R-4, since there is no amendment that changes that classification) is 16.  A 3-story building with 30,000 sq. ft. per story will definitely have more than 16 occupants.The amendment that modifies the definition for assisted living facilities only states that portions of assisted living facilities NOT classified as Group R shall conform to the requirements applicable to those intended uses.
> 
> I don't see how that project could be classified as a Group R-2 if it truly is an assisted living facility.


My thoughts exactly.  I've had a few other architects confirm your interpretation.  The strange thing is I know of a few similar facilities that were built over the past 10 years.

Thanks again,


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## JBI (Sep 22, 2015)

NYS has a similar allowance for Adult Residential Care, up to 16 residents is a R.

A 'consultant' opinion is not binding on the AHJ, which is the best one to ask.

Keep in mind that when there are jurisdiction/regulatory overlaps the 'most restrictive' will rule the day.

The Health Code says Type I or Type II, then that is the baseline.

I also agree that this facility will likely exceed the limit for the R classification.


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## cda (Sep 23, 2015)

jrosedesign said:
			
		

> My thoughts exactly.  I've had a few other architects confirm your interpretation.  The strange thing is I know of a few similar facilities that were built over the past 10 years.Thanks again,


do you  not think they are just apartments for older folks??


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## cda (Sep 23, 2015)

The 8th edition of the Base Code is comprised of the International Building Code 2009 (IBC), several companion I-codes and a separate package with Massachusetts amendments to the I-codes

http://www.mass.gov/eopss/consumer-prot-and-bus-lic/license-type/csl/8th-edition-base-code.html


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## cda (Sep 23, 2015)

jrosedesign said:
			
		

> I am entering a project in the DD phase.  I am trying to become familiar and comfortable with the code review in place, produced by a code consultant.  The review is classifying a 3-story (30,000 s.f. per floor) facility as R-2 and giving the option for type VA construction.Here's how:
> 
> "The IBC defines Assisted Living facilities as being an I-1 occupancy.  Massachusetts has amended the Building definitions to permit assisted living facilities to be classified as R-2 (See 780 CMR 310.2)"
> 
> ...


OK how did it get to a R-2? Appears the base code lists it as a R-4

Under R-4 is assisted living

as stated:::

R-4 Residential occupancies shall include buildings arranged for occupancy as residential care/assisted living facilities including more than five but not more than 16 occupants, excluding staff.

Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in this code or shall comply with the International Residential Code provided the building is protected by an automatic sprinkler system installed in accordance with Section 903.2.8.

Than the base definition:

RESIDENTIAL CARE/ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.

Than the admendment, that says """"  Add this last sentence and Note:""""

RESIDENTIAL CARE/ASSISTED LIVING FACILITIES. Add this last sentence and Note:

Assisted living facilities shall conform with this code and M.G.L. c. 19D as administered by

the Executive Office of Elder Affairs. For building code purposes portions of assisted living

residences which are used for any use other than R Use shall be classified, designed and

constructed in accordance for their intended use.

Note. This occupancy includes such facilities regulated by the Department of Mental Health

that are in conformance with the occupant safety requirements of 115 CMR 7.00: Standards

for All Services and Supports.


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## cda (Sep 23, 2015)

jrosedesign said:
			
		

> I would consider assisted living to be non-ambulatory residents not requiring skilled nursing, full time staff in a controlled facility.I would consider an elderly complex apartment/condo style independent living.


You might read the I  and R occupancy sections, like I said there are different types of asisted living::

We normally have the owner document the type of clients, and services provided, if there is any question on type of occupancy we are dealing with.

An occupancy classified in Group I-1 is characterized by four conditions: it is a health care facility, the number of occupants housed in such facilities is greater than 16 (in order to be consistent with the definition of "Residential care/assisted living facility"), there is 24-hour-a-day supervision and the occupants are capable of reaching safety in an emergency situation without the need of physical assistance by staff or others. The supervision for Group I-1 buildings is for counseling and assistance purposes, not for medical purposes.

Any building that has these characteristics but that contains an occupant load of more than five and not more than 16 is classified as Group R-4 (see Section 310.1). Any building that has these characteristics but contains an occupant load of five or less is classified as Group R-3 (see Section 310.1), or shall be constructed in accordance with the International Residential Code® (IRC®). When the code allows the construction in accordance with the IRC, the only requirements that would apply would be those of the IRC. It is important to note that the IRC requires sprinklers in one- and two-family homes starting in the year 2011. Also, if the occupancy is classified as R-4 and built to the requirements of the IRC, it must be sprinklered in accordance with either NFPA 13 or NFPA 13R.

The occupant load for occupancy classification purposes refers to the number of residents only. The number of guests or staff is not included. Please note, however, that the number of guests and staff is included for means of egress purposes.

A Group I-1 occupancy is intended to contain care recipients capable of self-preservation. When such an occupancy begins to house care recipients who are not capable of self-preservation, then the occupancy classification would likely need to be changed to a Group I-2 due to the 24-hour nature of such facilities. This same situation would be true of an existing Group R-4 assisted living facility that began to house more than five occupants not capable of self-preservation. Such occupancies would also need to be reevaluated and reclassified as Group I-2. Such buildings could be dealt with as mixed occupancies. Generally, Groups I-1 and R-4 were not intended to contain occupants not capable of self-preservation but may have occupants that may no longer be capable of self-preservation that at one time would have been classified as capable.

For clarification purposes, a dormitory or apartment complex that houses only elderly people and has a nonmedically trained live-in manager is not classified as an institutional occupancy but rather as a residential occupancy (see Section 310.1). A critical phrase in the code to consider when evaluating this type of facility is "live in a supervised residential environment." Such dormitories or apartment complexes may contain features such as special emergency call switches monitored by health center staff that are located in each dwelling unit. These emergency call switches are a convenience and do not necessarily indicate infirmity of the occupants.


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## jrosedesign (Sep 24, 2015)

cda said:
			
		

> You might read the I  and R occupancy sections, like I said there are different types of asisted living::We normally have the owner document the type of clients, and services provided, if there is any question on type of occupancy we are dealing with.
> 
> An occupancy classified in Group I-1 is characterized by four conditions: it is a health care facility, the number of occupants housed in such facilities is greater than 16 (in order to be consistent with the definition of "Residential care/assisted living facility"), there is 24-hour-a-day supervision and the occupants are capable of reaching safety in an emergency situation without the need of physical assistance by staff or others. The supervision for Group I-1 buildings is for counseling and assistance purposes, not for medical purposes.
> 
> ...


Very helpful, Thank you,

My past experience has been with I-2 use, type II construction so I'm a but weary.


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## jrosedesign (Sep 24, 2015)

Just to update, I was told that we are not a licensed medical facility so DPH regulations don't apply.


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## cda (Sep 24, 2015)

jrosedesign said:
			
		

> Just to update, I was told that we are not a licensed medical facility so DPH regulations don't apply.


Apartment

As in many types of assisted living


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## RLGA (Sep 24, 2015)

The problem here is that the Building Department probably doesn't care if the facility is regulated or not--if you call your project an "assisted living facility" that is the use and classification they will likely apply.

If it truly is an apartment building with "special amenities" that cater to senior living, then call it "apartments" and it will be treated as such.


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## jrosedesign (Sep 24, 2015)

OK, I found what the code consultants were quoting (310.2 p31):

http://www.mass.gov/eopss/docs/dps/buildingcode/inf3/3-08-3-10-assisted-living-classification.pdf

Assisted Living as R-2 was added to the Mass Ammendments, effective 12/6/13.  My 780 CMR was an older edition.

I'd still like to call it I-1 but it is clearly stated as R-2.  We'll see if the local building authority allows this.

Thanks again everyone,

Jon


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