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 , a or a . house bed and breakfast home 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.