Bulletin: Boarding Or Lodging & Group Home

Bulletin: Boarding or Lodging & Group home Requirements

Bulletin # 95-02 Purpose Updated: Mar.31, 2021 To provide information on boarding or lodging houses and group homes. Created: May.29, 2020 Building Permits

As per the Building Bylaw, a building permit (& business licence to operate) is required for construction of or change in class of occupancy of a building or portion thereof to; 1) Residential occupancy Group C - boarding or lodging house per Zoning Bylaw - group home, minor per Zoning Bylaw “community care facility” This bulletin is for informational accepted for residential use pursuant to provincial legislation purposes only. Please be sure to (Community Care and Assisted Living Act) consult the relevant City of 2) Care occupancy Group B, Division 3 Kelowna bylaw. - group home, minor/major per Zoning Bylaw “community care facility” or “assisted living residence” 3) Treatment occupancy Group B, Division 2

except where; Additional items may be a) in accordance with the Community Care and Assisted Living Act; required at the discretion of City a. a person provides “care” to no more than 2 persons not related by Staff. Permits must be obtained blood or marriage, or and all related inspections b. housing, hospitality services and “assisted living services” are completed prior to any provided by or through the operator to no more than 2 adults who occupancy. i. are not related by blood or marriage to the operator of the premises, and ii. do not require, on a regular basis, unscheduled professional health services, b) boarders form part of a household per Zoning Bylaw, c) sleeping accommodation is provided for no more than 10 persons, d) no care or treatment is provided per BC Building Code, and e) no construction commences as per Building Bylaw.

Zoning Bylaw

A property must be zoned accordingly to allow for a boarding or lodging house or a group home, major/minor. See Zoning Bylaw for specific requirements.

A bed and breakfast home, a boarding or lodging house and/or group home major/minor shall not be permitted to operate within a secondary suite or Building and Permitting carriage house. 1435 Water Street Kelowna, BC V1Y 1J4 TEL 250-469-8960 A secondary suite shall not be permitted on the same lot as a bed and breakfast FAX 250-862-3314 home, a boarding or lodging house or a group home, major/minor. developmentservicesinfo@ kelowna.ca A carriage house shall not be permitted on the same lot as a boarding or lodging house, a bed and breakfast home or a group home, major/minor.

kelowna.ca Bulletin: Boarding or Lodging & Group Home Requirements

Zoning Bylaw Definitions

BOARDING OR LODGING HOUSES means a building in which the owner or manager may supply accommodation for their family, and sleeping unit accommodation, for remuneration. It may or may not include meal service. It includes lodges for senior citizens but does not include hotels, motels, temporary shelter services, congregate housing, or bed and breakfast homes.

DWELLING means accommodation providing interconnected, free flowing space including bedroom(s), washrooms, and a kitchen intended for domestic use, and used or intended to be used permanently or semi- permanently for a household. A dwelling includes only one room which, due to its design, plumbing, equipment, and furnishings, may be used primarily as a kitchen, except where otherwise permitted in the bylaw. One wet bar is permitted within a dwelling. This use does not include a room in a hotel or a motel.

GROUP HOME, MAJOR means a care facility licensed as required under the Community Care and Assisted Living Act to provide room and board for more than 6 residents with physical, mental, social, or behavioural problems that require professional care, guidance and supervision, but does not include boarding or lodging houses or temporary shelter services.

GROUP HOME, MINOR means the use of one dwelling unit as a care facility licensed as required under the Community Care and Assisted Living Act to provide room and board for not more than 6 residents with physical, mental, social, or behavioural problems that require professional care, guidance and supervision. A group home, minor may include, to a maximum of four, any combination of staff and residents not requiring care. The character of the use is that the occupants live together as a single housekeeping group and use a common kitchen. This use does not include boarding or lodging houses or temporary shelter services.

HOUSEHOLD means a) a person; or b) two or more persons related by blood, marriage, or adoption; or associated through foster care, all living together in one dwelling unit as a single household using common cooking facilities; or c) a group of not more than five persons, including boarders, who are not related by blood, marriage, or adoption, or associated through foster care, all living together in one dwelling unit as a single household using common cooking facilities; or d) a combination of (b) and (c), provided that the combined total does not include more than 3 persons unrelated by blood, marriage or adoption or associated through foster care; all living together in one dwelling unit as a single household using common cooking facilities. In addition, a household may also include up to one housekeeper or nanny

SLEEPING UNIT means a habitable room not equipped with self-contained cooking facilities, providing accommodation for guests.

kelowna.ca Bulletin: Boarding or Lodging & Group Home Requirements

British Columbia Building Code

A boarding or lodging house is classified as a Group C residential occupancy.

Care occupancy (except as permitted by 9.10.2.2) is classified as Part 3, Group B, Division 3

Treatment occupancy is classified as Part 3, Group B, Division 2

9.10.2.2 Custodial, Convalescent and Residential Care Homes

A care facility accepted for residential use pursuant to provincial legislation (ie. Community Care and Assisted Living Act) is permitted to be classified as a Group C residential occupancy, provided

a) occupants live as a single housekeeping unit in a dwelling unit with sleeping accommodation for not more than 10 persons, b) smoke alarms are installed in conformance with Subsection 9.10.19., c) emergency lighting is provided in conformance with Article 9.9.12.3., and d) the building is sprinklered throughout.

9.10.9.14. Separation of Residential Suites

1) Suites in residential occupancies shall be separated from adjacent rooms and suites by a fire separation having a fire-resistance rating of not less than 45 min.

2) Sleeping rooms in boarding and lodging houses where sleeping accommodation is provided for not more than 8 boarders or lodgers need not be separated from the remainder of the floor area as required in Sentence (1) where;

a. the sleeping rooms form part of the proprietor’s residence, and b. do not contain cooking facilities.

3.2.4.1. Determination of Requirement for a Fire Alarm System

A fire alarm system shall be installed;

a) in a building that is not sprinklered throughout, and b) that contains residential occupancy with sleeping accommodation for more than 10 persons

kelowna.ca Bulletin: Boarding or Lodging & Group Home Requirements

BC Building Code Definitions

Care means the provision of services other than treatment by or through care facility management to residents who require these services because of cognitive, physical or behavioural limitations.

Care occupancy means the occupancy or use of a building or part thereof where care is provided to residents. (See Note A-1.4.1.2.(1).)

Residential occupancy means the occupancy or use of a building or part thereof by persons for whom sleeping accommodation is provided but who are not harboured for the purpose of receiving care or treatment and are not involuntarily detained.

Treatment means the provision of medical or other health-related intervention to persons, where the administration or lack of administration of these interventions may render them incapable of evacuating to a safe location without the assistance of another person.

Treatment occupancy means the occupancy or use of a building or part thereof for the provision of treatment, and where overnight accommodation is available to facilitate the treatment.

Note A-1.4.1.2.(1) Care Occupancy Support services rendered by or through care facility management refer to services provided by the organization that is responsible for the care for a period exceeding 24 consecutive hours. They do not refer to services provided by residents of dwelling units or suites, or to services arranged directly by residents of dwelling units or suites with outside agencies. In the context of care occupancies, these services may include a daily assessment of the resident’s functioning, awareness of their whereabouts, the making of appointments for residents and reminding them of those appointments, the ability and readiness to intervene if a crisis arises for a resident, supervision in areas of nutrition or medication, and provision of transient medical services. Services may also include activities of daily living such as bathing, dressing, feeding, and assistance in the use of washroom facilities, etc. No actual treatment is provided by or through care facility management.

Building Bylaw

No person shall;

a) commence construction or continue to construct a building or structure without first obtaining a permit for that purpose from the Building Official;

b) change in class of occupancy of a building or a portion thereof without first applying for and obtaining a building permit under this bylaw.

"Construct" includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate, or shore

"Construction" includes building, erection, installation, repair, alteration, addition, enlargement, moving, locating, relocating, reconstruction, demolition, removal, excavation, or shoring

kelowna.ca Bulletin: Boarding or Lodging & Group Home Requirements

BC Fire Code

2.8.1.1. Application

1) Fire emergency procedures conforming to this Section shall be provided for a) every building containing an assembly, care, treatment or detention occupancy, b) every building required by the British Columbia Building Code to have a fire alarm system,

2.8.2.1. Measures in a Fire Safety Plan

1) In buildings or areas described in Article 2.8.1.1., a fire safety plan conforming to this Section shall be prepared in cooperation with the fire department and other applicable regulatory authorities and shall include a) the emergency procedures to be used in case of fire, i) sounding the fire alarm, ii) notifying the fire department, iii) instructing occupants on procedures to be followed when the fire alarm sounds, iv) evacuating occupants, including special provisions for persons requiring assistance (see Note A-2.8.2.1.(1)(a)(iv)), v) confining, controlling and extinguishing the fire,

2) The fire safety plan shall be reviewed at intervals not greater than 12 months to ensure that it takes account of changes in the use and other characteristics of the building.

A-2.8.2.1.(1)(a)(iv) Some occupants of a building may require special assistance during evacuation because cognitive or physical limitations make them unable to proceed independently to a place of safety. Fire safety for these persons will depend to a large extent on preplanning and on their awareness of the fire protection measures incorporated into the building.

2.8.2.2. Care, Treatment and Detention Occupancies 1) A sufficient number of supervisory staff shall be on duty in care, treatment and detention occupancies to perform the tasks outlined in the fire safety plan described in Clause 2.8.2.1.(1)(a).

BC Fire Code Definitions

Care means the provision of services other than treatment by or through care facility management to residents who require these services because of cognitive, physical or behavioural limitations.

Care occupancy (Group B, Division 3) means the occupancy or use of a building or part thereof where care is provided to residents. (See Note A-1.4.1.2.(1).)

Supervisory staff means those occupants of a building who have some delegated responsibility for the fire safety of other occupants under the fire safety plan.

Treatment occupancy (Group B, Division 2) means the occupancy or use of a building or part thereof for the provision of treatment, and where overnight accommodation is available to facilitate the treatment. (See Note A-1.4.1.2.(1).)

kelowna.ca Bulletin: Boarding or Lodging & Group Home Requirements

Community Care and Assisted Living Act

Part 1 — Definitions and Application of Act

Definitions

"assisted living residence" means a premises or part of a premises, other than a community care facility,

a) in which housing, hospitality services and assisted living services are provided by or through the operator to 3 or more adults who i. are not related by blood or marriage to the operator of the premises, and ii. do not require, on a regular basis, unscheduled professional health services, or b) designated by the Lieutenant Governor in Council to be an assisted living residence

"assisted living services" means one or more of the following:

a) assistance with the activities of daily living, including eating, moving about, dressing and grooming, bathing and other forms of personal hygiene; b) assistance with managing medication; c) assistance with the safekeeping of money and other personal property; d) assistance with managing therapeutic diets; e) assistance with behaviour management; f) psychosocial supports; g) other types of prescribed assistance or support

"care" means supervision that is provided to

a) a child through a prescribed program, b) a child or youth through a prescribed residential program, or c) an adult who is i. vulnerable because of family circumstances, age, disability, illness or frailty, and ii. dependent on caregivers for continuing assistance or direction

"community care facility" means a premises or part of a premises

a) in which a person provides care to 3 or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care, or b) designated by the Lieutenant Governor in Council to be a community care facility

kelowna.ca Bulletin: Boarding or Lodging & Group Home Requirements

Part 2 — Community Care Facilities

Certain laws not to apply

20 1) This section applies to a community care facility

a) for which a licence has been issued, b) that is being, or is to be, used i. as a day care for no more than 8 persons in care, or ii. as a residence for no more than 10 persons, not more than 6 of whom are persons in care, c) from which, in the event of a fire, persons in care can safely exit unaided or be removed by its staff, and d) that complies with all enactments of British Columbia and the municipality where the community care facility is located that relate to fire and health respecting a single family dwelling house.

2) A provision in an enactment of British Columbia (ie. BC Building Code), other than this Act, or of a municipality, does not apply to a community care facility described in subsection (1) if that provision would

a) limit the number of persons in care who may be accepted or accommodated at the community care facility, b) limit the types of care that may be provided to persons in care at the community care facility, or c) apply to the community care facility only because i. it is not being used as a single family dwelling house, or ii. it operates as a community care facility, a charitable enterprise or a commercial venture.

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