This Executive Regulation is adopted pursuant to the authority contained in Section 8-13, Montgomery County Code 1984, as amended. This Executive Regulation will apply to certain family day care and group day care facilities and allow them to utilize existing dwellings without the necessity of having to comply with commercial building standards. This Executive Regulation amends the following standards: The BOCA National Building Code/1990 AMENDMENTS TO THE BOCA National Building Code/1990 Paragraph 307.3.1. Add the following phrase to the end of the sentence; "unless the facility is a family day care home or a group day care home within a building classified either Use Group R-3 or R-4." Paragraph 309.4. Add the following paragraphs: 309.4.2. Family day care home: A child day care facility which: (1) is located in a dwelling; (2) is operated in the home of a provider who is licensed or registered pursuant to Maryland law to provide family day care; (3) provides care to a child, other than the provider's, for less than 24 hours per day; (4) accommodates 8 or less children, including the children of the care providers) under the age of 6, and; (5) complies with the standards of a family day care home pursuant to the Montgomery County Fire Code; will be classified as Use Group R-3. 309.4.3. Group day care home: A child day care facility which: (1) is located in a dwelling; (2) is operated in the home of a provider who is licensed or registered pursuant to Maryland law as a child care center; (3) provides care to a child, other than the provider's, for less than 24 hours per day; (4) accommodates 12 or less children, including the children of the care providers) under the age of 6, and; (5) complies with the standards of a group day care home pursuant to the Montgomery County Fire Code; will be classified as Use Group R-3. Paragraph 309.5. Add the following paragraphs: 309.5.1. Family Day Care home: A child day care facility which: (1) is located in a dwelling; (2) is operated in the home of a provider who is licensed or registered pursuant to Maryland law to provide family day care; (3) provides care to a child, other than the provider's, for less than 24 hours per day; (4) accommodates 8 or less children, including the children of the care providers) under the age of 6, and; (5) complies with the standards of a family day care home pursuant to the Montgomery County Fire code; will be classified as Use Group R-4. 309.5.2. Group day care home: A child day care facility which: (1) is located in a dwelling; (2) is operated in the home of a provider whom is licensed or registered pursuant to Maryland law as a child care center; (3) provides care to a child, other than the providers, for less than 24 hours per day; (4) accommodates 12 or less children, including the children of the care providers) under the age of 6, and; (5) complies with the standards of a group day care home pursuant to the Montgomery County Fire code; will be classified as use Group R-4. This Executive Regulation is in addition to Executive Regulation 17-90AM which shall remain in force and effect without any change or modification except as it may have been modified herein.