In the Californina Code, “Habitable Space” is defined as:
A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
So what is “living”? Specifically, would a detached workshop with no heat or plumbing be habitable space?
One zoning person has already told me a workshop is habitable space, so I’m hoping (perhaps against reason) that there is a solid/established legal definition of what “living” means, or perhaps what exactly constitutes “utility spaces”.
If I build habitable space, I have to go through a lengthy, tedious, and expensive zoning review process. If it is not habitable, then it is merely an “accessory structure” and I’m allowed to build it by right.
Thanks all.
Replies
Sometimes a space is simply defined by what you call it on the plan. You could call it an unheated storage shed or you could call it a workshop - your choice.
Many codes define their terms somewhere within. Can you see if "living" is defined in the code?
In the IRC definitions are in chapter 2.
"Living" isn't defined separately in the code. I'll probably be at the whim of the zoning official, but if there were some "standard practice" idea of what habitable space was in the building community, then I might at least have some persuasive ammo at the permit office.
The NJ Residential Code defines "Living Space" as "Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes". So that does not clear it up at all.
Maybe you can just put a spare toilet in the corner (don't even have to hook it up) and call the room a bathroom. Then it is not considered "habitable space". :-)
My thought exactly. If they don't define a bathroom as habitable space then I'd be building me a 2000 sq ft detached bathroom
that would make a very nice bathroom, that was my point too.
Outhouse?
If within the city limits, it has a bathroom and/or electricity, around here it requires a city permitt. If it is just a building ...you don't if you stay within the percentages of how much building sq. footage is to the home's sq. footage.
One fellow built his in town with a set of plans showing it was a building, but he took interior pictures of where he had placed the wiring and electrical boxes so he could go back and "finish" after the city inspector stamped his permit and left.... Never heard how it worked out.
What does the code define as an "accessory structure" ? and what are the allowed uses of such a structure?
I would label the space as "storage" or maybe a "garden shed" with no further mention of any other use/purpose and call it an "accessory structure" if that fits within the aformentioned definition of an accessory structure.
Geoff
That's the rub. An "accessory building" has habitable space, an "accessory structure" doesn't. They give examples of tool sheds and garages as "accessory structures," but nowhere in the code (or on the internet) have I been able to get a universal definition of "habitable" or "living". I can't build a "garage" because it has to have paved access, but a workshop is just a tool shed with electricity, right?
An "accessory building" has habitable space, an "accessory structure" doesn't. They give examples of tool sheds and garages as "accessory structures,"
That's your answer, just call it a storage shed, which is a legitimate accessory structure, what you do with it after they sign-off is none of their business!
Don't get into any lengthy discussions about the storage shed w/ city officials,(i.e. no electric unless you can have power in a storage shed - for lighting only) it's a shed for storage, period, then leave it at that. Good Luck!
Geoff
California has a lot of "funny" rules and requirements that don't make a lot of sense.
I whole heartedly agrre with a previous poster that what you need to do is call it a storage shed or garage on the plans, something other than what the building officials or zoning or coastal commision or town council or (message truncated) would seek to regulate or eliminate.
In the early 80's a neighbor of mine built in Santa Barbara county a replica of a new england barn as a three story commercial building. The only way he could get permission to build this building, on his land and with his money, was to call it a "hardware store".
When he was done with everything and had all his occupancy permits etc, the local building officials went in to take a look and discovered none of the inventory one might expect for a hardware store. When they complained to the owner he threw a catalogue on the counter and said "go ahead and pick something out I will order it for you".
The downstairs front of the building was used as an antique store. The local busybodies, I mean building officials, were miffed but there was nothing they could do. THEY CAN REGULATE WHAT YOU BUILD BUT NOT ENTIRELY WHAT YOU DO WITH IT BY ZONING.