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What is NYC BC § 310.5?

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This section defines Residential Group R-3 occupancies, which include buildings with up to two dwelling units used for long-term shelter. It encompasses various types of residences, including one- and two-family homes, group homes, and facilities like convents and monasteries. Applies to property owners of small residential buildings.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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310.5 Residential Group R-3.

BC § 310.5

Residential Group R-3 occupancies shall include buildings or portions thereof containing no more than 2 dwelling units, occupied, as a rule, for shelter and sleeping accommodation on a long-term basis for a month or more at a time, and are not classified in Group R-1, R-2 or I. This group shall include, but not be limited to, the following: Convents and monasteries with 20 or fewer occupants in the building Group homes One- and two-family dwellings, including the following: 1. Dwelling units where the resident of the unit provides custodial care to no more than four persons on less than a 24-hour basis and not overnight.

2.Dwelling units where the resident of the unit provides child custodial care as a family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law for three to six children for more than three hours per day per child but less than 24 hours per day. A family day care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and such children receive services only during the periods set forth in the New York State Social Services Law.

3.Dwelling units where the resident of the unit provides child custodial care as a group family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law for seven to 12 children of all ages for more than three hours a day per child but less than 24 hours per day. There may be an additional four children if such children are of school age and such children receive services only during the periods set forth in the New York State Social Services Law.

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