Background:  The AHJs throughout the State are reporting a growing trend in the utilization of what would traditionally be considered a single-family dwelling structure as a residence for groups of unrelated persons in a family-like setting, i.e. so-called sober houses.

Chapter 24 of the Rhode Island Life Safety Code [RILSC] provides that [o]ne- and two-family dwellings shall be limited to buildings containing not more than two dwelling units in which each dwelling unit is occupied by members of a single family with not more than three outsiders, if any, accommodated in rented rooms.  (Emphasis added).

Chapter 26 of the RILSC defines a lodging or rooming house as [a] building or portion thereof that does not qualify as a one- or two-family dwelling, that provides sleeping accommodations for a total of 16 or fewer people on a transient or permanent basis, without personal care services, with or without meals, but without separate cooking facilities for individual occupants.

Accordingly, past (and current) practice has been to classify these structures as lodging or rooming houses in accordance with RILSC Chapter 26.

In the 2021 edition of the Life Safety Code, the NFPA has added Annex material to Chapter 24 [A.24.1.1.2] that provides, as it relates to the classification of a single-family dwelling, [I]T IS NOT THE INTENT OF THE CODE TO RESTRICT OCCUPANCY TO PERSONS RELATED BY BLOOD, MARRIAGE, OR ADOPTION AS IN THE TRADITIONAL OPINION OF A FAMILY.  REGULATIONS AFFECTING OCCUPANT SAFETY UNDER THE LIFE SAFETY CODE DIFFER GREATLY FROM ZONING REGULATIONS THAT ATTEMPT TO CONTROL WHO MAY, AND WHO MAY NOT, LIVE IN A RESIDENTIAL AREA DESIGNATED AS A SINGLE FAMILY ZONE.  COMMUNITY ZONING REGULATIONS ADDRESS PROBLEMS OF NOISE, POLLUTION, LITTERING, OVERCROWDING, AND TRAFFIC.  RESTRICTING OCCUPANCY OF SINGLE-FAMILY HOUSING BASED ON THE BIOLOGICAL OR LEGAL RELATIONSHIPS BETWEEN ITS INHABITANTS BEARS NO REASONABLE RELATIONSHIP TO THE GOALS OF LIFE SAFETY.

A GROUP OF NONRELATIVES LIVING TOGETHER IN A NONTRADITIONAL GROUP CAN BE THE FUNCTIONAL EQUIVALENT OF A MORE TRADITIONAL FAMILY UNIT.  THE FACTORS THAT MUST BE CONSIDERED BY THE AUTHORITY HAVING JURISDICTION ARE WHETHER THE GROUP SHARES THE ENTIRE HOUSE OTHER THAN INDIVIDUAL BEDROOMS, LIVES, COOKS, AND FUNCTIONS TOGETHER AS A SINGLE HOUSEKEEPING UNIT AND IS PRIMARILY NONTRANSIENT. (Emphasis added).

In making this determination however, there is the implicit reliance on the fact that a certain level of safety is afforded to the occupants through the requirements of Chapter 24, One- and Two-Family Dwellings.  These requirements are not applicable however in the Rhode Island Life Safety Code, as Chapter 24 requirements have been reserved in accordance with RIGL  23-28.1-2(b)(2)(i) wherein the only requirements applicable are for smoke alarms and/or carbon monoxide (CO) alarms and only for new construction and/or upon the transfer of title for existing structures.

It is for these reasons that these non-traditional living facilities should remain within the jurisdiction of Chapter 26, Lodging or Rooming Houses, and yet be afforded some degree of relief from the so-called traditional requirements in cases where the functional equivalent of a traditional family unit can be demonstrated.

Determination of the Board:  The Board finds that in order to address the need for these non-traditional living arrangements, that certain relief may be warranted due to unanticipated and unreasonable hardship upon the general public and that it does not conflict with the general objectives of the Rhode Island State Fire Safety Code.


Blanket Variance: The Board hereby approves the following amendments to the Rhode Island Life Safety Code:
(Add) 1:3.3.183.16.1
(Add) 101:3.3.167.1
Congregate Family Living Facility: A building or part thereof that contains sleeping rooms where residents share the entire house and live, cook and function together as a single housekeeping unit.

8.1.26	CHAPTER 26 - LODGING OR ROOMING HOUSES
(Amd) 26.1.1.1
The requirements of this chapter shall apply to buildings that provide sleeping accommodations for 16 or fewer persons on either a transient or permanent basis, with or without meals, but without separate cooking facilities for individual occupants, except as provided in Chapter 24 and/or 26.1.1.1.1 through 26.1.1.1.8 (Bed and Breakfast Homes and Congregate Family Living Facilities) as outlined below.
(Add) 26.1.1.1.1
	A Bed and Breakfast Home is defined as an owner and/or innkeeper occupied building that provides sleeping accommodations for up to sixteen guests. Every Bed and Breakfast Home must further have originated as a private home and must have at least 300 square feet of common space (i.e. dining room, living room, etc.) for guest use, and must further provide breakfast. Finally, the owner and/or innkeeper must occupy the building twenty-four hours a day, seven days a week, while guests are utilizing the facility. The owner and/or innkeeper of the Bed and Breakfast Home shall have a plan of action, approved by the local official, to assure the safety of the guests in the event the owner or innkeeper is required to temporarily leave the facility unsupervised for limited periods during the day.
(Add) 26.1.1.1.2
	A No Smoking policy, throughout the building, shall be strictly enforced.
(Add) 26.1.1.1.3
	With the exception of fireplaces and/or wood stoves, approved by local fire department and/or the local mechanical inspector, there shall be no open flame in the bedrooms of these facilities. Specifically, candles, incense or similar materials shall not be allowed in the bedrooms. All approved fireplaces and/or wood stoves shall further be provided with approved metal screens or glass doors. Any fireplace or wood stove located in the common areas shall also be approved by local fire department and/or the local mechanical inspector with the above safeguards.
(Add) 26.1.1.1.4
	All Bed and Breakfast Homes require hardwired, interconnected smoke and carbon monoxide alarms installed in accordance with the regulations and standards of chapter 24.  There shall be approved detection in each sleeping room.
(Add) 26.1.1.1.5
	All Bed and Breakfast Homes with a capacity of between four (4) and six (6) guests shall meet the following requirements for this occupancy:
1.	Hardwired or low power radio wireless interconnected smoke alarms and carbon monoxide alarms shall be installed in accordance with NFPA 72, 2019 edition.
2.	Emergency lighting shall be installed in any corridors and/or stairways greater than eight (8) feet in length.
3.	Externally illuminated exit signs shall be installed.
4.	An evacuation plan, containing alternative emergency egress routes, shall be presented to the local fire authority for approval.
5.	The owner and/or innkeeper shall receive comprehensive fire extinguisher training.
6.	It is recommended that the facility be annually inspected by the local fire authority. Any existing curtains, bedding, rugs or similar flammable materials, shall only be replaced, in the future, by fire retardant materials, manufactured and/or treated to the satisfaction of the local fire authority.
7.	Any existing fire detection and/or suppression system shall be maintained as a required system.


(Add) 26.1.1.1.6
	All Bed and Breakfast Homes with a capacity of between seven (7) and sixteen (16) guests shall meet the following requirements for this occupancy:
1.	A fire alarm system installed in accordance with 26.3.4.1.1 shall be provided.
2.	Hardwired or low power radio wireless interconnected smoke alarms and carbon monoxide alarms shall be installed in accordance with NFPA 72, 2013 edition. (May be incorporated into the above fire alarm system).
3.	Solid core doors, maintaining an approximate fire rating of twenty (20) minutes, shall be installed in the existing egress system door jambs with spring-loaded hinges. The local fire authority may approve an alternative plan of action allowing historically significant doors, with an approved Class-A flame-spread finish and spring-loaded hinges, to be retained.
4.	Emergency lighting shall be installed in any corridors and/or stairways greater than eight (8) feet in length.
5.	Externally illuminated exit signs shall be installed.
6.	An evacuation plan, containing alternative emergency egress routes, shall be presented to the local fire authority for approval.
7.	The owner and/or innkeeper shall receive comprehensive fire extinguisher training.
8.	The facility shall be annually inspected by the local fire authority. Any existing curtains, bedding, rugs or similar flammable materials, shall only be replaced, in the future, by fire retardant materials, manufactured and/or treated to the satisfaction of the local fire authority.
9.	Any existing fire detection and/or suppression system shall be maintained as a required system.
(Add) 26.1.1.1.7
Any building complying with the above Bed and Breakfast Home guidelines, with a capacity in excess of sixteen (16) guests, shall be required comply with the requirements for a Hotel and Dormitory occupancy as outlined in the provisions of Chapters 28 or 29, as applicable (new or existing), of the Rhode Island Life Safety Code.

(Add) 26.1.1.1.8
Congregate Family Living Facility is defined as a building or part thereof that contains sleeping rooms where residents share the entire structure and live, cook and function together as a single housekeeping unit.  Every Congregate Family Living Facility must further have originated as a private residence, shall be limited to no more than two (2) stories in height and shall not exceed two thousand five hundred (2,500) gross square feet.
(Add) 26.1.1.1.8.1
All Congregate Family Living Facilities require smoke and carbon monoxide alarms installed in accordance with the regulations and standards of chapter 24.  There shall be approved detection in each sleeping room.
(Add) 26.1.1.1.8.2
All Congregate Family Living Facilities with a capacity of between four (4) and six (6) residents shall meet the following requirements for this occupancy:
1.	Interconnected smoke alarms and carbon monoxide alarms shall be installed in accordance with NFPA 72.
2.	Emergency lighting shall be installed in any corridors and/or stairways greater than eight (8) feet in length.
3.	Externally illuminated exit signs shall be installed.
4.	An evacuation plan, containing alternative emergency egress routes, shall be presented to the local fire authority for approval, and upon approval shall be posted in every sleeping room.
(Add) 26.1.1.1.8.3
	All Congregate Family Living Facilities with a capacity of between seven (7) and sixteen (16) residents shall meet the following requirements for this occupancy:
1.	A fire alarm system installed in accordance with 26.3.4.1.1 shall be provided.
2.	Interconnected smoke alarms and carbon monoxide alarms shall be installed in accordance with NFPA 72. (May be incorporated into the above fire alarm system).
3.	Solid core doors, maintaining an approximate fire rating of twenty (20) minutes, shall be installed in the existing egress system door jambs with spring-loaded hinges. The local fire authority may approve an alternative plan of action allowing historically significant doors, with an approved Class-A flame-spread finish and spring-loaded hinges, to be retained.
4.	Emergency lighting shall be installed in any corridors and/or stairways greater than eight (8) feet in length.
5.	Externally illuminated exit signs shall be installed.
6.	An evacuation plan, containing alternative emergency egress routes, shall be presented to the local fire authority for approval, and upon approval shall be posted in every sleeping room.
7.	Any existing fire detection and/or suppression system shall be maintained as a required system.
(Add) 26.1.1.1.8.4
Any building complying with the above Congregate Family Living Facilities guidelines, with a capacity in excess of sixteen (16) residents, shall be required comply with the requirements for a Hotel and Dormitory occupancy as outlined in the provisions of Chapters 28 or 29, as applicable (new or existing), of the Rhode Island Life Safety Code.