When you run an RCFE, you need to do quite a few things to ensure your business functions well and best serves its residents. That includes maintaining a safe and compliant residence.
If you don’t comply with local zoning and building code, you could find yourself in a lot of trouble. Of course, it could mean facing fines or needing to move your facility. Additionally, though, a lack of compliance could compromise your insurance coverage.
Aligning with local zoning
Zoning stipulates what kind of property can function on any specific parcel of land. You usually can’t open up a store in the middle of a residential neighborhood, for example, because the neighborhood is zoned for residential uses, not commercial ones.
With an RCFE, things get a little complicated. Per the California Health and Safety Code (HSC) § 1568.0831, you can operate out of an area zoned for residential use provided you have six or fewer residents. As a result, your small facility can function in areas zoned for single-family residential and for multi-family residential.
If you have seven or more residents, you’ll need to see what’s allowed in your specific jurisdiction (this is usually overseen by your city government). You might be able to operate out of a multi-family residential zone provided that you have a conditional use permit (CUP), for example. Or you might need to be in an area that’s zoned for commercial uses.
Effect on insurance eligibility
If your facility operates out of an area that isn’t zoned for your number of residents, insurers likely won’t write policies for you. Even if they do, if they later find out that you weren’t complying with local zoning, they could deny any claims you make. At that point, you’ll have been paying for premiums that don’t actually protect your RCFE.
Complying with building codes
Like zoning, the building code requirements change for your RCFE depending on its size. For six or fewer residents, you primarily need to make sure the building is safe, any renovations or extensions are properly permitted, and you’re following fire safety requirements like having smoke detectors and fire extinguishers.
If your facility houses seven or more people, you’ll usually need to comply with building code requirements including:
- Fire suppression like automatic sprinklers
- A kitchen with commercial-grade equipment
- Measures required by the Americans with Disabilities Act (ADA)
Working with your local building code authority should make it easy to figure out what’s required for your facility based on its size.
Effect on insurance eligibility
A non-compliant building is a surefire way to run into insurance problems. As with zoning, a lack of alignment with local building codes is often enough for insurers to refuse coverage. And if you think you can sneak non-compliant areas past your insurer, think again.
If, for example, a fire breaks out and your insurer then learns you didn’t have the required sprinkler system, they can (and almost certainly will) deny covering your claim.
Getting the insurance your facility needs
A good RCFE insurance agent can help you identify risks — like zoning and building code non-compliance — and manage them. For help getting the right coverage in place for your specific RCFE, contact our team at InsureMyRCFE at (805) 413-5668.
