HomeMy WebLinkAboutMiscellaneous Planner 4/28/2022BC Building
Codes
Division
Notice of Temporary Rule
January 26,2022
Child care facilities within dwellings, and
automatic fire sprinkler requirements
Department of Consumer
and Business Services
Purpose of the rule:
These rules are based on the 2022 Oregon Structural Specialty Code review committee
recommendation and the division's ongoing efforts to arrive at a clear and reasonable code
altemative to sprinkler protection for child care facilities located in dwellings while maintaining an
increased level of hre protection for care recipients. These rules implement the Building Code
Structures Board's approved code solution.
Citation:
918-460-0015
This rule is effective January 26,2022 through JuJy 24,2022.
Background:
The national model codes recognize that business uses are often located within detached dwellings.
These model codes, adopted in Oregon, establish a baseline standard of care where any business,
including day care facilities, is voluntarily located in a home. The national model code standard of
care is to require a domestic residential sprinkler system (NFPA l3D) in all home businesses, and
limit the number of care recipients in care facility businesses to further mitigate the relative risk
profile.
Under the International Residential Code (IRC), which serves as the base national model for our
Oregon Residential Specialty Code (ORSC), care facilities are permitted to be located within
dwellings provided both of the following are met:
l. A domestic residential sprinkler system is installed (required for all businesses located in
dwellings)
2. A maximum of five individuals receive care at any given time
If a care facility exceeds the allowable number of recipients, it becomes regulated by the
International Building Code (IBC). The IBC serves as the base national model code for our Oregon
Structural Specialty Code (OSSC).
Depending on the specihc business operation, these care facilities would either be classified as
Group I - Institutional, Group E - Educational, or Group R - Residential under the model IBC. The
Group R designation is limited to the same number of occupants as listed in the IRC; five.
Group I and Group E day care facilities may be permitted to be constructed without a full NFPA 13
automatic sprinkler system, which is significantly more robust than a domestic residential sprinkler
system, but must conform to many more rigorous safety measures under the IBC. For example,
increased number of exits, fire classification of interior finishes, limitations on allowable travel
distances to exits, monitored fire alarm systems, ltre resistance rated separation, larger setbacks from
property lines, kitchen separations and equipment safeguards, and rated corridors may all
required.Datc I'ieceived:
[)lanner: AL
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Building Codes Division 0 Department of Consumer and Business Services 0 State of Oregon ffi
1535 Edsewater SL NW' i,"j"rl?ff133!ri{r?;iTli"ill nlX',il;o*
e730e-0404 KtrGz,,\W/
In Oregon, both registered and certified family child care homes, defined by ORS 3294, were
previously governed by the Oregon Residential Specialty Code (ORSC) scope, prior to the April 1,
2021 code adoption. These care facilities are permitted to have 10 and l6 individuals receiving care
respectively, which is double and more than triple the national standard limitation of five.
As of April l, the care facilities were made to comply with the OSSC, but were assigned a less
restrictive Group R-3 designation. This designation was intended to prevent the more robust
standards required for Groups I and E from being applied to these care facilities, while still allowing
the increased number of care recipients (i.e., l0 and 16, respectively).
These amendments were discussed by the technical review committee appointed by the Building
Codes Structures Board, and the public during several public meetings. A modification was
suggested during the committee process via public testimony (child care facility public proposal).
The modification focused on providing exception to the requirement of a domestic residential
sprinkler system. The committee was in unanimous favor of providing exception to the automatic
sprinkler system requirement.
The child care facility public proposal modification to remove the automatic sprinkler system
requirement was used as the basis for the language, and the following elements were added; care
facility location within the dwelling, intervening spaces along the occupants' path to an exit, and
documentation verifying facility licensure approval for the certificate of occupancy. In addition, the
language in the child care facility public proposal related to the age of the care recipients was
removed.
Need for temporary filing:
This temporary rule is needed because failure to act promptly on the changes approved by the
Building Codes Structures Board will result in serious prejudice to the public interest, as fire
protection rules for child care facilities are crucial to public safety and the safety of those facilities in
particular. These facilities need clarity on their requirements and the flexibility this change will
create, as the need for additional child care facilities in Oregon only continues to increase.
Filing these temporary rules will not impact the process for the permanent rules. The permanent
rules for the code amendments will follow the necessary process for rule adoption outlined in the
Oregon Administrative Procedures Act and the Attorney General's model rules.
Summary:
These rules will amend the Oregon Structural Specialty Code (OSSC) by implementing board-
approved child care facility automatic sprinkler and siting changes. Changes include the following:
. Amends the requirement that childcare facilities located in dwellings require automatic
sprinkler systems if they meet certain requirements;. Clarifies occupancy groups for child care facilities located in dwellings and permits them to
be constructed under the standards of the ORSC, as long as accessible design is provided to
the extent required.
Contact:
If you have questions or need further information, contact Tony Rocco, Structural Program Chief, at
503 -9 I 0- I 678, or anlhony.j . rocco(gtdcbs.oregon. gov.
Datc lteceived:
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Page2 of2
OFFICE OF THE SECRETARY OF STATE
SHEIVIA FAGAN
SECRETARY OF STATE
CHERYL IvIYERS
DEPUTY SECRETARY OF STATE
TEMPORARY ADM ! N ISTRATIVE ORDER
INCLUDING STATETVIENT OF NEED & JUSTIFICATION
BCD2-2022
CHAPTER 91 8
DEPARTIVIENT OF CONSUIVIER AND BUSINESS SERVICES
BUILDING CODES DIVISION
FILING CAPTION: Amendment of Child Care Facility Automatic Sprinkler Requirements
E F F ECTI VE DATE: 01 /26 I 2022 T HROUGH O7 / 24 / 2022
AGENCY APPROVED DAIE 01/26/2022
CONTACT: Andrew Boulton 1535 Edgewater Street NW
971-315-7027 Salem,OR 97304
rulescoordinator.bcd@dcbs.oregon.gov
ARCHIVES DIVISION
STEPHANIE CLARK
DIRECTOR
8OO SUIV]N4ER STREET NE
SALEIVI, OR 97310
503-37 3-0701
FILED
01/26/2022 7:43 PI\/
ARCHIVES DIVISION
SECRETARY OF STATE
& LEGISLATIVE COUNSEL
Filed By:
Andrew Boulton
Rules Coordinator
NEED FORTHE RULE(S):
These rules are based onthe2022 Oregon Structural Code Adoption committee recommendation and the division's
ongoing efforts to arrive at a clear and reasonable code alternative to requiring sprinkler protection for care facilities
located in dwellings while maintaining an increased level of fire protection for care recipients.
JUSTIFICATION OF TEIVPORARY FILING:
This temporary rule is needed because failure to act promptly on the changes approved by the Building Codes
Structures Board will result in serious prejudice to the public interest, as fire protection rules for child care facilities are
crucial to public safety and the safety of those facilities in particular. These facilities need clarity on their requirements,
and the additional flexibility provided by this change, as the need for additional child care facilities in Oregon only
continues to increase.
A temporary rule will allow the division to implement clear standards for child care facilities without waiting until the
normal quarterly adoption period. lt is also anticipated that permanent rules will be filed for the next available quarterly
adoption date and all normal rulemaking procedures will be followed to adopt those rules.
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:
Rules and code language are available from the division's rules coordinator located at 1535 Edgewater St. NW, Salem,
Oregon, 97304 and are available on the division's web site: https://www.oregon.gov/bcd/laws-rules/Pages/adopted-
rules.aspx.
HOUSING IMPACT STATElVENT
No known housing impact.
ATMEND: 918-460-001 5
RULE SUMTVARY: Amendment of Child Care Facility Automatic Sprinkler Requirements
Page 1 ol 2
Datc Rece ivea, q/Lt/e?
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CHANGES TO RULE
918-460-0015
Amendments to the Oregon Structural Specialty Code
( 1) The Oregon Structural Specialty Code is amended pursuant to OAR chapter 918, division 8. Amendments
adopted during the code cycle for inclusion into the Oregon Structural Specialty Code are placed in this rule,
showing the section reference, a descriptive caption, and a short description of the amendment.
(2) Effective April 1, 2027,Chapter 1 of the Oregon Structural Specialty Code is amended according to the
following:
(a) Amend Section 101 to specify exceptions for optional local adoption regarding building permits, including for
certain retaining walls, fences other than those serving as swimming pool barriers, flagpoles under 25 feet, ground
mounted photovoltaic systems, fixed docks not supporting a structure, unoccupied grain elevators and silos,
tsunami loads, rodent proofing, and in-ground swimming pools, to specify matters not available for local regulation
under the statutory authority of the state building code, and to clarify a municipality's ability to require application
of its own ordinances.
(b)Amend Section tO2to clarify that building officials cannot waive fire and life safety provisions that would
create dangerous or unsafe conditions.
(c) Amend Section 103 to state that it is not adopted as part of the state building code.
(d)Amend Section 104 to clarify building official record retention requirements, that building officials cannot
waive fire and life safety provisions that would create dangerous or unsafe conditions, and the scope of
modifications available to a building official.
(e) Amend Section 105 to clarify the scope of work for certain permits, the scope of municipal authority, and a
building official's flexibility to adopt local permit and inspection record policies.
(0 Amend Section tO7 to clarify construction document requirements, and the scope of municipal authority.
(g) Amend Section 110 clarify the scope of building official inspection authority, and the scope of municipal
authority.
(h)Amend Section 111to clarify the scope of building official revocation authority, and the scope of municipal
authority.
(i) Sections 7O3, 772,115, and 776 arenot adopted.
(3) Effective January 1,2022, in addition to the amendments articulated in section (2) of this rule, the Oregon
Structural Specialty Code is further amended according to the following:
(a) Amend Section 2O2to align the definition of "essential facilities" with ORS 45 5.447,to remove "tsunami
inundation zone" definition, and to add "Tsunami Risk Category lll" and "Tsunami Risk Category lV" definitions.
(b) Amend Section 1613 to clarify scope of Earthquake Recording lnstrumentation to cover all new major
structures and Risk Category lll and lV buildings.
(c) Amend Section 1615 to state that Tsunami Risk Category lll and lV buildings and other structures will be
designed and constructed in accordance with Chapter 6 of ASCE 7, except as modified in Sections 1615.
(d) Amend Section 1803 to update which sites for structures and facilities shall be evaluated for vulnerability to
seismic-induced geologic hazards, and update requirements for site-specific seismic hazard investigations.
(e) Rescind Appendix O.
(4) Effective January 25. 2022. in addition to the amendments articulated in sections (2) and (3'l of this rule. the
Oregon Structural Specialtv Code is further amended according to the following:
(a) Amend Section 305 to allow facilities located within dwellines to be constructed in accordance with the
rltrr t^arla cr rhiorf tn (arf inn A)O 1) and annli ca hlp rons ai Ch.;nfar 1 1l.)raonn Pocid a S nAat
(b) Amend Section 308 to allow a reeistered or certified familv child care facilitv located within a dwelline to be
classified a Grouo R-3 occupancv, and to allow facilities located within dwellings to be constructed in accordance
with the Oregon Residential Specialtv Code subiect to Section 420.12 and applicable provisions of Chapter 11.
(c) Amend Section 310 to allow a reeistered or certified familv child care facilitv located within a dwelline to be
classified a Group R-3 occupancv. and to allow facilities located within dwellings to be constructed in accordance
with the Oreson idential Specialtv Code subiect to 420.72 and aoplicable provisions of
with and without automatic fire sprinkler protection.
IPublications: Publications referenced are available from the agency']
Statutory/Other Authority: ORS 447.237,0RS 455.030, ORS 455.110, ORS 455.496, ORS 455.477
Statutes/Othe r I m plemented : O RS 45 5.77O, ORS 45 5.47 7
Data $leceived:
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Chaoter 11.
.btr','^
2019 Oregon Structural Specialty Code
Amendments
Child care facilities within dwelling
Effective: Jan. 26, 2022
Building
Codes
Division
Department of Consumer
and Business Services
Amendment summary:
The following amendments are adopted as a part of the division's ongoing efforts for a.clear and reasonable code solution
for sprinkler protection for child care facilities located within dwellings while maintaining an increased level of fire
protection for care recipients.
The changes are denoted as follows:
Blue/underline Added code language
zua*+ri*e*+eueh Deleted code language
Chapter 3
(GROUP E)
305.2.3 Five or fewer children in a dwelling unit. A facility such
as the above located within a dwelling *riir-and having five or
fewer children receiving such day care shall be classified as a
Group R-3 occupancy
Residen+ial€e<le.
Where located within a detached one- or two-farnily r/l'el/ilrs or
tol'liorr.rc. the facilitv shall be permitted to be constructed in
accordance with the Re^Eirlcllial Codc. provided that Section
420.12 is met. and accessibility is nrovided in accordance with the
applicable provisions ofChapter I I for the function served.
(GROUPT-4)
308.5.5 Child dav care in a dwellins. A resistered or ceftified
familv child care facilitv. as defined in ORS 329A. located within
a dwelling shall be classified as a Group R-3 occuDancy. Where
located within a detached one- or two-family r/rt'el/irre or
lorllouse. the facility shall be permitted to be constructed in
accordance with the Resirlcrlrial Codc. provided that Section
420. l2 is rnet. and accessibilitv is provided in accordance with the
applicable provisions of Chapter I I for the function served.
(GROUP R)
310.4.1 Care facilities within a dwelling. A care facility located
within a detached one- or two-farnily du'el/lrrg or tol',lrorr.se and
having five or fewer persons receiving care shall be permitted to
eemplfbe constructed in accordance with the Residential Code,
provided that Section {20.12 is met. and accessibility is provided
in accordance with the applicable provisions of Chapter 1 I for the
function served.
310.4.2 Licensed child care $'ithin a dwellins. A resistered or
cenified farnily child care facility. as defined in ORS 329A.
located within a dwellins shall be classified as a Group R-3
occupancy. Where located within a one- or two-farnily drlcl/irlg
or townhouse the care facility shall be permitted to be constructed
in accordance with the Rc.rirlerlidl Codc. provided that Section
420.12 is met. and accessibility i nrovided in accordance with the
applicable orovisions ofChapter I I for the function served.
Chapter 4
420.12 Child care facilities *'ithin dwellines. Child care
facilities located within r/rvcl/irss. permitted bv Chapter 3 to be
constructed in accordance with the Rcsiderrlial Code, shall
cornolv with either Section 420.12.1 or420.12.2.
420.12.1 With automatic sprinkler svstem protection. {q
r.rrrlorrrrlic spriltr-lc'r' srr/ent in accordance with Section
903.3.1.3 shall be installed throushout the /irz arca of the
druellirrg where a child care facility is located.
420.12.2 Without automatic sprinkler svstem protection.
Where an alrlorralic .iprirA-ler s-rxlerl i s not installed throu shout
the fire area of the dwellins where a child care facilitv is
located, all ofthe fol lowins shall be met
l. All roorns where care is provided shall be located on a
level of exit di scharge.
2. No exit access path shall be located within 3 feet (914
mm) horizontall), of anv permanently installed cooking
appliance. or be required to pass throush a storaee room.
or through a room that can be locked to prevent egress.
3. Documentation shall be submitted to the brrildire oficial
which states that all licensure reouirements have been met
bv the facilit),. and that the facility has been aporoved b),
the licensins authority.s documentation shall be
included in the cerli.ficate of occupanc), in accordance
with Section 1 I 1.2. as applicable.
Dato [teceivecl
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1535 Edgewater St. NW, Salem, OR 97304 503-378-4133 oregon.gov/bcd