DPS Letterhead final 1111
Deval Patrick
Governor
Timothy Murray
Lieutenant Governor
The Commonwealth of Massachusetts
Department of Public Safety
One Ashburton Place, Room 1301
Boston, MA 02108-1618
The Commonwealth of Massachusetts
Executive Office of Health & Human Services
Department of Developmental Services
500 Harrison Avenue
Boston, MA 02118
Mary Elizabeth Heffernan
Secretary
Thomas G. Gatzunis, P.E.
Commissioner
Phone (617)727-3200
TTY(617)727-0019
JudyAnn Bigby, M.D.
Secretary
Elin M. Howe
Commissioner
Area Code (617) 727-5608
TTY: (617) 624-7590
MEMORANDUM
Jointly issued by DPS and DDS
RE: Classifications of Group Homes under the Massachusetts State Building Code
Date: November 21, 2011
The Departments of Public Safety (DPS) and the Massachusetts Department of Developmental Services (DDS) (formerly the Department of Mental Retardation) are issuing this joint memorandum
to clarify the classification of group homes operated and/ or approved by DDS under the Massachusetts State Building Code.
The inclusion of group homes into the one and two family dwelling classification was the result of a “Conciliation Agreement” (finalized in December, 1996 and still in effect), to
settle a complaint with the U.S. Department of Housing and Urban Development (HUD) alleging that the application of the then-existing special use and occupancy provision of the building
code to homes built for persons with intellectual disabilities constituted unlawful discrimination under the Fair Housing Act and the Fair Housing Amendments of 1988 (42 U.S.C. sec.
3601, et.seq.). The recommendations were crafted by a workgroup comprised of representatives from DPS and DDS.
As a result of the Conciliation Agreement, group homes operated or licensed by the Department of Developmental Services (formerly the Department of Mental Retardation) with five or fewer
residents are exempt from the provisions of the Special Use and Occupancy codes and instead comply with Section 308.2 of the Massachusetts State Building Code 780 CMR 8th edition “one
and two family” dwellings. Permits issued should be classified as a single family dwelling and/or two family dwelling if a duplex.
While DDS group homes with 5 or fewer individuals are considered one and two family dwellings, DDS will on occasion, require group homes to include additional features such as the installation
of fire suppression systems. Requiring these systems does not, however, change the one and two family dwelling use designation. Fire suppression systems are classified under “13D”
of the code and have to
meet the requirements for this class. DDS homes- just like any one or two family home, are not required to be equipped with exit signage or exterior fire alarm systems. Adding requirements
beyond those identified in the code, such as annual inspections, would result in disparate treatment of these homes and would be construed as in violation of the Conciliation Agreement.
We hope this information helps clarify some of the confusion that may exist with review of proposed group homes operated by and / or approved by DDS for five or fewer residents. If
you have any questions, please feel free to contact Tom Riley at (617)826-5250 or Gail Grossman at (617) 624-7779. Thank you.
________________________ _________________________
Thomas G. Gatzunis P.E., C.B.O Elin M. Howe