HomeMy WebLinkAboutSupportive-Living-Facilities-Public-Notice-March-2020PUBLIC NOTICE
TO: General Public
FROM: Division of Fire and Building Safety, Indiana Department of Homeland Security
DATE: March 03, 2020
RE: Classification of Supportive Living Facilities (Class 1 or Class 2 structures?)
OVERVIEW
This notice is intended to clarify when supportive living facilities (facilities that provide staff to its residents to
assist with daily living activities) are considered Class 1 or Class 2 Structures.
BACKGROUND
As part of its regulatory authority to issue design releases, inspect structures and enforce the building and fire
safety laws of Indiana, the Indiana Department of Homeland Security Division of Fire and Building Safety
(DFBS) must determine the appropriate classification of structures that are being regulated. Typically,
structures fall within one of two classifications of structures; Class 1 structures or Class 2 structures. See IC §§
22-12-1-4 and 5 for the definitions of Class 1 and Class 2 structures. Generally speaking, Class 2 structures
are townhouses or one or two dwelling unit structures, and Class 1 structures are structures used by the
public, three or more tenants or employees. Sometimes, however, the use of a structure may appear to fall
within the statutory definition of both a Class 1 and Class 2 structure (i.e. the structure may be a townhouse or
a one and two dwelling unit structure that is used by the public, three or more tenants or employees). In most
cases, supportive living facilities fall within this situation; they are one or two dwelling unit structures that may
be used by employees or three or more tenants. To address the overlap between the definitions of Class 1 and
Class 2 structures and to provide clarity to the regulated public on how their facility will be regulated, the DFBS
provides the following notice explaining when a supportive living facility will be classified as a Class 1 or Class
2 structure.
NOTICE
In general, supportive living facilities are considered Class 1 structures. However, supportive living facilities are
considered Class 2 structures if the following conditions are met:
1. the structure is a townhouse or only contains one or two dwelling units;
2. the structure is intended to be occupied by no more than two tenants (except for townhouses which
may only have one tenant per unit by definition);
A tenant is someone, or some group, that possesses a structure or a unique portion of a
structure. The number of tenants is not dependent on the number of occupants or the number or
rental agreements entered, but the number of unique spaces being possessed. If a strucutre is
being rented out on a per room basis, the structure has as many tenants as rooms intended to
be rented.
3. the structure is intended to be used for nontransient residential occupancy;
4. the presence of employees at the structure is limited to providing supportive living services
(services limited to supporting the regular use and enjoyment of the structure for residential
purposes); and
5. the structure does not contain nonresidential areas that are not traditionally found in a dwelling unit.