# California Fire Code Troubles - Meaning of R-3



## ALH (Feb 10, 2021)

I am assisting a close friend in planning for a large garage expansion in a California east bay county. The problem we found is a difference between the state "Residential Code", the State Fire Code, and a county amendment...which in part disagree.

The immediate problem is that the local county enforces "R-3" as applying to single family houses while the state Fire code seems to assume that the Fire code R-3 does not apply to residents IF the State Residential Code (a different document) covers residences (which it does). The residential code grandfathers in existing homes and does not require retrofitting a fire sprinkler system just because the house is altered or expanded.

As it is, THIS county says that R-3 residences cannot be expanded beyond 3600 sq feet total without requiring sprinklers for the garage AND house (the house is already near 3200 sq feet). 

The key to this problem starts with the actual meaning of R-3 in the California state fire code...i.e. is it intended to cover residences?

Any insight?


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## cda (Feb 10, 2021)

Welcome

ahh Calif, a state of mind I left.

Anyway

There are some Californians in here that should be able to answer.

R-3 normally means a single family house,

Do you have a link to the Sfm code page?

It maybe R-3 is not the problem. May be another code section requiring this.


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## cda (Feb 10, 2021)

I take it the garage is or will be attached to the house?


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## Rick18071 (Feb 10, 2021)

Don't know CA codes but under the ICC

Does the county fire code says it covers 
detached one- and two-family dwellings and
townhouses not more than three stories above grade plane in
height with a separate means of egress and their accessory
structures which is under the IRC and is not a R-3?

Or does it just say R-3 which is under the IBC? Does the county code have a definition of R-3?


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## mark handler (Feb 10, 2021)

The CA Fire Code definition of  an R-3 will not help you at all.
Jurisdictions, in this case the county, can make rules* stricter * than those of state code.

2019 CA Fire Code
Residential Group R-3. 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-2.2, 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

Boarding houses (nontransient)
Convents
Dormitories
Fraternities and sororities
Monasteries
Congregate residences (transient) with 10 or fewer occupants

Boarding houses (transient)
Lodging houses (transient) with five or fewer guestrooms and 10 or fewer occupants
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, but are not limited to:

Adult Day Programs
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:

Day-Care Center for Mildly Ill Children
Adult Day Programs
Infant Care Center
School Age Child Day-Care Center.
Congregate residences (nontransient) with 16 or fewer occupants
Congregate residences (transient) with 10 or fewer occupants
Alcoholism or drug abuse recovery homes (ambulatory only)
Family Day-Care Homes that provide accommodations for 14 or fewer children, in the provider's own home for less than 24-hours.
Lodging houses with five or fewer guest rooms
Adult care and child care facilities that are within a single-family home are permitted to comply with the California Residential Code.

Lodging houses. Owner-occupied lodging houses with five or fewer guestrooms and 10 or fewer total occupants shall be permitted to be constructed in accordance with the California Residential Code.

_Residential Group R-3.1. Residential Group R-3.1 occupancies 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 Appendix Chapter 4, Section 425, 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 Chapter 2
Residential Care Facilities for the Elderly (RCFEs)
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 Appendix Chapter 4, 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 do not include relatives of the licensee or the licensee's spouse._


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## mark handler (Feb 10, 2021)

Ask them if you can Build a 2-hr wall between the garage and the house, and not sprinkle it.
or ask if you can sprinkle just the garage.


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## Joe.B (Feb 10, 2021)

You described this as a garage expansion. I assume that means you're adding onto an existing garage? How old is the house? Any idea what code it was built under?


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## cda (Feb 10, 2021)

ALH said:


> I am assisting a close friend in planning for a large garage expansion in a California east bay county. The problem we found is a difference between the state "Residential Code", the State Fire Code, and a county amendment...which in part disagree.
> 
> The immediate problem is that the local county enforces "R-3" as applying to single family houses while the state Fire code seems to assume that the Fire code R-3 does not apply to residents IF the State Residential Code (a different document) covers residences (which it does). The residential code grandfathers in existing homes and does not require retrofitting a fire sprinkler system just because the house is altered or expanded.
> 
> ...




The normal rule is the stricter of any code applies


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## ALH (Feb 10, 2021)

cda said:


> The normal rule is the stricter of any code applies



That is true. However, the key question is if "R-3" is, by definition, the occupancy group code intended for single family homes. "R-3" in this county has the lowest allowed total fire space BEFORE triggering the need for a full sprinkler addition to the structure.  In short, IF my buddy's house is "R-3" then given his square footage, he can't alter or add to his garage at all without retrofitting his entire house (a 25K estimated cost) for sprinklers.


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## ALH (Feb 10, 2021)

mark handler said:


> The CA Fire Code definition of  an R-3 will not help you at all.
> Jurisdictions, in this case the county, can make rules* stricter * than those of state code.


...


mark handler said:


> Snipped for brevity:
> _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 do not include relatives of the licensee or the licensee's spouse._



Interesting. I am familiar with the text of the code, but it is somewhat ambiguous as to whether or not the R-3 code is based on the use of the structure or just the structure. The very long list of examples are, save one, all based on usages. Only one phrase, "not more than two dwellings" implies it is broader than those special uses.

Again, so what is the customary usage of R-3 in the national/international codes?


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## ALH (Feb 10, 2021)

mark handler said:


> Ask them if you can Build a 2-hr wall between the garage and the house, and not sprinkle it.
> or ask if you can sprinkle just the garage.



We have... at this point they are non-committal until we submit the plans for formal review.


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## ALH (Feb 10, 2021)

Rick18071 said:


> Don't know CA codes but under the ICC
> 
> Does the county fire code says it covers
> detached one- and two-family dwellings and
> ...



The state and county fire code (almost identical) never uses the words "detached family dwellings". However, the State Fire Code (adopted by the County) does state that IF the structure is regulated by the California Residency Code then the structure does not fall under ANY Group R classification - meaning that R-3 criteria for sprinklers could not be used.

For the sake of discussion I will post, for everyone, the language in next post...


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## Paul Sweet (Feb 10, 2021)

R-3 is a single-family residence built under the IBC.  This is typically when you have a mixed use, such as a store or restaurant with the Owner's dwelling above, or when you have a very large beach house which has to be raised a full story for flooding and has more than 2 stories above.


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## cda (Feb 10, 2021)

ALH said:


> The state and county fire code (almost identical) never uses the words "detached family dwellings". However, the State Fire Code (adopted by the County) does state that IF the structure is regulated by the California Residency Code then the structure does not fall under ANY Group R classification - meaning that R-3 criteria for sprinklers could not be used.
> 
> For the sake of discussion I will post, for everyone, the language in next post...




I know Calif is a different country, but CRC or IRC is for residential.

Will let the Calif people speak more to that.


1.1.1 _Title_
These regulations shall be known as the California Residential Code, may be cited as such and will be referred to herein as "this code." The California Residential Code is Part 2.5 of thirteen parts of the official compilation and publication of the adoption, amendment and repeal of building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. This part incorporates by adoption the 2018 International Residential Code of the International Code Council with necessary California amendments.

1.1.3 _Scope_
The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling and townhouse not more than three stories above grade plane in height with a separate means of egress and* structures accessory thereto *throughout the State of California.

​​OK I see what you mean:​​R313.2 One- And Two-Family Dwellings Automatic Fire Sprinkler Systems​
An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings.


*An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system.*
Accessory Dwelling Unit, provided that all of the following are met:       
The unit meets the definition of an Accessory Dwelling Unit as defined in the _Government Code_ Section 65852.2.
The existing primary residence does not have automatic fire sprinklers.
The accessory detached dwelling unit does not exceed 1,200 square feet in size.
The unit is on the same lot as the primary residence.,


Once again, if some other AHJ, requires fire sprinklers, the above does not matter.










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## ALH (Feb 10, 2021)

Here are the relevant code paragraphs causing confusion:

*CALIFORNIA FIRE CODE 2016/19*

Under the section General Definitions it states:

*[BG] Residential Group R.*_ Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I_* or when not regulated by the California Residential Code in accordance with Section 101.2 of the California Building Code. *(Emphasis Mine)

*[BG] Residential Group R-3.*_ 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-2.2, 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_
_(Etc. approx. 20 more business occupancies listed)_
And Contra Costa County has adopted the CALIFORNIA STATE FIRE CODE, INCLUDING the DEFINITIONS and APPLICATION of R-3. WHICH MEANS THAT IT BECAUSE the CALIFORNIA RESIDENTIAL CODE regulates Single Family Residences then then are NOT in category R-3.

The California Residential Code states:

*CALIFORNIA RESIDENTIAL CODE (2016/19)*
_R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system._

Therefore, our alternation and addition does not require putting sprinklers throughout the house just because we are replacing and adding floor space to the garage.

However, there are amendments to the county fire code which may contradict the above... 

*CONTRA COSTA COUNTY FIRE CODE, including CALIFORNIA STATE FIRE CODE, with county amendments:*

_(202 Definitions): Substantial Addition or Expansion. Addition, expansion, remodel, or renovation of any structure where the addition of new fire area exceeds fifty percent of the existing fire area. For the purposes of this definition, areas of a building in which construction elements including walls and roof assemblies were demolished and rebuilt are considered new fire area.

903.2.8.1.1 Group R-3 Substantial Addition or Expansion. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where a substantial addition or expansion occurs and the new total fire area of the structure exceeds 3,600 square feet._

The county may claim that single family homes are R-3, in which case it conflicts with the state code.


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## ALH (Feb 10, 2021)

Paul Sweet said:


> R-3 is a single-family residence built under the IBC.  This is typically when you have a mixed use, such as a store or restaurant with the Owner's dwelling above, or when you have a very large beach house which has to be raised a full story for flooding and has more than 2 stories above.



And that is my confusion. R-3 seems to be a code for single family dwelling USED as a business function.  If so, then no matter how restrictive R-3 is then it is irrelevant to our situation.


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## cda (Feb 10, 2021)

ALH said:


> And that is my confusion. R-3 seems to be a code for single family dwelling USED as a business function.  If so, then no matter how restrictive R-3 is then it is irrelevant to our situation.



A house is a R-3

Along with other inclusions 

Unless the folks from Calif say something different


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## Joe.B (Feb 10, 2021)

ALH said:


> Here are the relevant code paragraphs causing confusion:
> 
> *CALIFORNIA FIRE CODE 2016/19*
> 
> ...


Based on the terminology "fire area" I would try calling only the garage a fire area and the rest of the house a different fire area. Then you're only increasing the garage fire area and I'm assuming that keeps you under 3600 sq. ft. Also you could argue that the garage is not a dwelling nor is it part of the dwelling. Any of these arguments would hinge on the garage having proper fire separation from the house.


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## ADAguy (Feb 10, 2021)

Just sprinkler it, remember the recent fires up your way? Will lower your fire insurance rate.


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## ALH (Feb 10, 2021)

May not build it if sprinklering house /garage is going to cost 25K, as one company estimated.


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## cda (Feb 10, 2021)

ALH said:


> May not build it if sprinklering house /garage is going to cost 25K, as one company estimated.



Get a few more bids 

Find a company that does a lot of houses.

Is this in the city or a place with municipal water???


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## ALH (Feb 11, 2021)

cda said:


> Get a few more bids
> 
> Find a company that does a lot of houses.
> 
> Is this in the city or a place with municipal water???


Yes.


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