5-12-12: IFC AMENDMENT, SECTION 202, GENERAL DEFINITIONS:
Amend only the following definitions:
   OCCUPANCY CLASSIFICATION. Amend only the following paragraphs in definitions to read as follows:
      [BG] Education Group E. Amend the last paragraph to read as follows:
         [BG] Twelve (12) or fewer children in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
      [BG] Institutional Group I-1. Amend the last paragraph to read as follows:
         [BG] Five (5) or fewer persons receiving custodial care. A facility with five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
      [BG] Institutional Group I-2. Amend the last paragraph to read as follows:
         [BG] Five (5) or fewer persons receiving medical care. A facility with five (5) or fewer persons receiving medical care shall be classified as a Group R-3 occupancy.
      [BG] Institutional Group I-4, day care facilities. Amend the last paragraph to read as follows:
         [BG] Persons receiving care in a dwelling unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving day care, or having five (5) or fewer persons receiving custodial care, shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
      [BG] Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, E or I, including:
         1.   Buildings that do not contain more than two (2) dwelling units;
         2.   Care facilities that provide accommodations for five (5) or fewer persons receiving personal care, custodial care or medical care;
         3.   Congregate living facilities (nontransient) with sixteen (16) or fewer occupants:
            Boarding houses (nontransient);
            Convents;
            Dormitories;
            Fraternities and sororities;
            Monasteries;
         4.   Congregate living facilities (transient) with ten (10) or fewer occupants:
            Boarding houses (transient);
         5.   Dwelling units providing day care for twelve (12) or fewer children;
         6.   Lodging houses (transient) with five (5) or fewer guest rooms and ten (10) or fewer occupants.
      [BG] Care facilities within a dwelling. Care facilities for twelve (12) or fewer children receiving day care, or for five (5) or fewer persons receiving personal care or custodial care, that are within a one- or two-family dwelling are permitted to comply with the International Residential Code.
   OPEN BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge-pots and similar devices associated with safety or occupational uses typically considered open flames. Recreational fires or use of portable outdoor fireplaces shall be considered open burning. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
   [A] TOWNHOUSE. A single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two (2) sides.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)