Minnesota Administrative Rules

1305.0302

[Repealed, 32 SR 7]

1305.0302 CARE FACILITY CLASSIFICATIONS.

IBC section 302 is amended by adding Table 302.2 to read as follows:

Table 302.2 Care facilities. Occupancies for care facilities shall be classified in accordance with the following table.

TABLE 302.2
CARE FACILITIES

Type of Licensed Facility		Number or Type of Care Recipients	IBC Occupancy Classification
Child Care (Day Care)	Family Child Care Home	10 occupants maximum with ≤ 6 below school age1	R-3 dwelling unit
	Group Child Care Home < 24 hours per day	11-14 occupants maximum	R-3 dwelling unit
	Child Care Center < 24 hours per day	> 5 but ≤ 100 children ≤ 2.5 years of age and each room at, and with, an exit at the level of exit discharge	E
	Child Care Center < 24 hours per day	More than 5 children > 2.5 years of age	E
	Child Care Center < 24 hours per day	More than 5 children ≤ 2.5 years of age and not classified as E	I-4
Adult Day Care (Day Services)	Family Adult Day Services (located in caregiver's primary residence)	≤ 8 care recipients age 13 and older	R-3 dwelling unit
	Adult Day Services Center < 24 hours per day	6 or more care recipients, age 13 and older, all may or may not be capable of self-preservation without assistance	I-4 unless meet criteria for E below
	Adult Day Services Center < 24 hours per day	6 or more care recipients, age 13 and older, all capable of self-preservation without assistance	E
	Adult Day Services Center < 24 hours per day	6 or more care recipients, age 13 and older, where at least one care recipient but no more than 50 percent of the care recipients require assistance for self-preservation	I-4 E if compliant with all of Section 308.5.1.2
	Day Training and Habilitation	Program participants age 13 and older	Classified by primary use/training function
Supervised Living Facilities	Class A-1	6 or fewer residents; all of whom are capable of self-preservation without assistance	R-3 dwelling unit
	Class A-2	7 to 16 residents; all of whom are capable of self-preservation without assistance	R-4 Condition 1
	Class A-2	More than 16 residents; all of whom are capable of self-preservation without assistance	I-1 Condition 1
	Class B-1	6 or fewer residents; all of whom may not be capable of self-preservation without assistance	R-3
	Class B-2	7 to 16 residents; of which some may require limited assistance for self-preservation	R-4 Condition 2
	Class B-3	More than 16 residents; all of whom may not be capable of self-preservation without assistance	I-2 Condition 1
Hospice	Residential Hospice Facility	1-5 terminally ill persons	R-3
	Residential Hospice Facility	6-12 terminally ill persons	R-4 Condition 2
Adult Foster Care	Adult Foster Care Home	1-5 impaired adults	R-3 dwelling unit
Child Foster Care	Foster Care	1-6 foster children without severe disability or assisted medical technology	R-3 dwelling unit
	Foster Care	1-4 foster children with medical or special care services	R-3 dwelling unit
Housing with Services Establishment	Housing with Services Establishment Housing with Services Establishment Providing Assisted Living Services	1-5 adult residents ≥ 80 percent 55 years of age or older unless registered under Minnesota Statutes, section 144D.025	R-3 dwelling unit
	Housing with Services Establishment Housing with Services Establishment Providing Assisted Living Services	6-16 adult residents ≥ 80 percent 55 years of age or older unless registered under Minnesota Statutes, section 144D.025	R-4 Condition 2
	Housing with Services Establishment Housing with Services Establishment Providing Assisted Living Services	> 16 adult residents ≥ 80 percent 55 years of age or older unless registered under Minnesota Statutes, section 144D.025	I-1 Condition 2
Boarding Care	Boarding Care Home	≤ 5 residents	R-3 dwelling unit
	Boarding Care Home	6-16 residents all of whom are capable of self-preservation without assistance	R-4 Condition 1
	Boarding Care Home	> 16 residents all of whom are capable of self-preservation without assistance	I-1 Condition 1
Boarding and Lodging	Boarding and Lodging	≤ 16 residents in sleeping rooms or ≤ 2 dwelling units in one building	R-3
	Boarding and Lodging	> 16 residents in sleeping rooms or > 2 dwelling units in one building all of whom are capable of self-preservation without assistance	R-2
	Boarding and Lodging < 30 days	Lodging facilities with 6 or more sleeping units Boarding houses with > 10 occupants	R-1
	Boarding and Lodging < 30 days	Lodging facilities with 5 or fewer sleeping units Boarding houses with ≤ 10 occupants	R-3 dwelling unit
Senior Housing	Senior Housing (See IBC 310)	More than 2 dwelling units in one building	R-2
	Senior Housing (See IBC 310)	2 dwelling units in one building	R-3
	Senior Housing (See IBC 310)	1 dwelling unit	R-3 dwelling unit
Congregate Residence	Congregate Residence	≤ 16 residents	R-3
	Congregate Residence	17 or more residents	R-2
Chemical Dependency and Mental Health Treatment Programs	Chemical Dependency and Mental Health Treatment Programs - Outpatient (< 24 hrs.)	Not regulated	B
	Chemical Dependency and Mental Health Treatment Programs - Residential	≤ 5 residents	R-3 dwelling unit
	Chemical Dependency and Mental Health Treatment Programs - Residential	6-16 residents all of whom may not be capable of self-preservation without assistance	R-4 Condition 2
	Chemical Dependency and Mental Health Treatment Programs - Residential	> 16 residents all of whom may not be capable of self-preservation without assistance	I-1 Condition 2
Ambulatory Care Facility	Nursing and medical care for < 24 hours	Includes: skilled medical care, emergency care, surgery, obstetrics, or patient stabilization for psychiatric or detox	B
Nursing Home	Nursing and medical care for > 24 hours	Does not include: emergency care, surgery, obstetrics, or in-patient stabilization for psychiatric or detox	I-2 Condition 1
Hospital	Nursing and medical care for > 24 hours	Includes skilled medical care, emergency care, surgery, obstetrics, or in-patient stabilization for psychiatric or detox	I-2 Condition 2

¹ "School age" means the age of a "school-age child" as defined in Minnesota Statutes, section 245A.02, subdivision 16.

Statutory Authority:

MS s 326B.02; 326B.101; 326B.106

History:

39 SR 1605; 44 SR 609

Published Electronically:

March 31, 2020