General Information Notice 25-02 Sober Living Homes

To: Local Fire MarshalsFrom: Lauri Volkert, State Fire MarshalTopic: Sober Living Homes

The Office of the State Fire Marshal has received many questions as to fire code enforcement and fire marshal authority over Sober Living Homes. The intent of this General Information Notice is to provide clarity to local fire marshals and to owners and managers of Sober Living Homes as to the code requirements that may be applicable. It is important to note that legal decisions regarding zoning discrimination of these facilities do not restrict or dictate the application of the state Fire or Building Codes.

Public Act 18-171 defines “Sober Living Homes” and requires that DHMAS provide a list on their website that is updated regularly to show available beds.
Definition according to DMHAS website:

“Sober Living Homes are alcohol- and drug-free residences where unrelated adults who are recovering from a substance use disorder voluntarily choose to live together in a supportive environment during their recovery. No formal substance use disorder treatment services are provided at Sober Living Homes.”
As the term “Sober Living Homes” is not defined in the Code and the term was defined by public act in 2018, all occupancies of this type fall under the jurisdiction of Part III of the CT Fire Safety Code as they did not exist prior to 2005.

Since residents are not receiving care and choose to live in the residences voluntarily, they are residential (R) and not institutional (I) occupancies.
Below is a review of the definitions of Residential Occupancy types and their respective inspection frequency requirements:

The CT Fire Safety Code and Building Code define Residential Group R-3 occupancies as: Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4 or I, including:

• Buildings that do not contain more than two dwelling units, with not more than six lodgers or boarders per dwelling unit. (These six lodgers or boarders are in addition to the family. A seventh individual may be considered the head of household for a total of seven unrelated individuals in a single-family dwelling unit)
• Care facilities that provide accommodations for five or fewer persons receiving care
• Congregate living facilities (non-transient) with six or fewer occupants where personal care services are not provided.
  • Boarding houses (non-transient)
  • Convents
  • Dormitories
  • Fraternities and sororities
  • Monasteries
• Congregate living facilities (transient) with six or fewer occupants where personal care services are not provided.
• Boarding houses (transient) with six or fewer occupants where personal care services are not provided
  • Care facilities within a dwelling. Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code.
  • Lodging houses. Owner-occupied lodging houses with five or fewer guestrooms and 10 or fewer total occupants shall be permitted to be constructed in accordance with the International Residential Code provided that an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code.

Residential Group R-3, three or fewer persons receiving care. A facility with three or fewer persons receiving custodial care shall be classified as Group R-3 or shall comply with the 2021 International Residential Code portion of the Connecticut State Building Code.

So, if the Sober Living Home has no more than 6 residents in a single-family home, or 6 each (12 total) in a two-family home, then the residence is considered an R-3 and regulated under the IRC portion of the CT State Building Code and CSFSC sections:

Sec. 100.5

The provisions of the code shall only apply to detached private dwellings occupied by one or two families and townhouses with respect to smoke alarms and carbon monoxide detectors as specified in the Connecticut State Building Code and subject to the specific inspection criteria for smoke detection and warning equipment of section 29-305 of the Connecticut General Statutes.

And

907.2.11.2 Groups R-2, R-3, R-4 and I-1.

Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations:

1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

If the occupants of the Sober Living Home are receiving no care and there are more than 6 occupants and the living arrangements are primarily permanent in nature then the occupancy classification is:

Residential Group R-2. Residential Group R-2 occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

• Apartment houses
• Boarding houses with more than six occupants
• Congregate living facilities with more than six occupants
• Convents
• Dormitories
• Fraternities and sororities
• Hotels
• Live/work units
• Monasteries
• Motels
• Vacation timeshare properties

These occupancies are required to be inspected annually per C.G.S 29-305 (e).

If the occupants of the Sober Living Home are receiving no care and there are more than 6 occupants and the living arrangements are primarily transient in nature then the occupancy classification is:

Residential Group R-1. Residential occupancies containing sleeping units in which the occupants are primarily transient in nature, including:

• Bed and breakfast establishments
• Boarding houses with more than six occupants
• Congregate living facilities with more than six occupants
• Hotels
• Motels

Group R-1, bed and breakfast or bed and breakfast establishment. A building:

1. That provides sleeping accommodations to the public for a fee for no more than sixteen persons with guest rooms limited to the first and second floor of the structure, and
2. The owner occupies the building or an adjacent property as his or her primary place of residence, and
3. Cooking or food warming of any type is not allowed in guest rooms, and
4. Is a maximum of three stories in height and does not contain a mixed occupancy.

These occupancies are required to be inspected annually per C.G.S. 29-305(e)

If the occupants are receiving custodial care and there are more than 3 but not more than 16 occupants than the occupancy is:

Residential Group R-4. Residential Group R-4 occupancy shall include buildings, structures or portions thereof for more than 3 but not more than 16 occupants, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. Buildings of Group R-4 shall be classified as one of the occupancy conditions specified in Section 310.6.1 or 310.6.2 of the 2021 International Building Code portion of the Connecticut State Building Code. The persons receiving care are capable of self-preservation. This group shall include, but not be limited to, the following:

• Alcohol and drug centers
• Assisted living facilities
• Congregate care facilities
• Group homes
• Halfway houses
• Residential board and care, custodial care facilities
• Social rehabilitation facilities

Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3, except as otherwise provided for in the State Building Code.
Residential Group R-4, four to sixteen persons receiving care. A facility housing not fewer than four and not more than sixteen persons receiving custodial care shall be classified as R-4.

These occupancies are required to be inspected annually per C.G.S. 29-305 (e)

Summary Table:

If there are any questions, please do not hesitate to contact our Field Services Division at osfm.engineer@ct.gov or (860) 713-5750.