Recently I have been researching some alternative temporary housing for our land in Hotchkiss. I have somewhat intrigued by the so-called Tiny House movement. The proponents advocate living in little houses that are frequently less than 120sf in area. These houses provide full accommodation for living, sleeping, eating, and sanitation within a compact package. Many are constructed on dual axle flat bed trailers to permit portability. Don't like your neighbors? Hitch up and leave.
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There is lot of information on these buildings on the web. Interspersed is a lot of BAD information about code compliance methodologies. This blog is intended to set the record straight.
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The first question is determining if the building code is applicable to the structure or not. It is my opinion that any tiny house built and left on a trailer that is provided with tires and a license plate is not subject to building code oversight. If you are in Colorado, the legal precedent affirming this is Eason v. Town of Erie.
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Trailers constitute the building code dead zone that caused HUD to establish requirements for these factory built "mobile homes" years ago. The feds determined that nobody was paying any attention to these type of structures and decided that rules needed to be made. The old "mobile homes" burned hard and fast. Something needed to be done. I am not sure how the HUD regulations affect owner built "tiny houses" and don't proclaim to be an expert. This is one regulatory agency I try to avoid due to their notorious record for convoluted regulations and interpretations. However, I do believe that the "mobile home" must be at least 40' in length and 320sf in area to fall under their jurisdiction.
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If the house is sited on the ground (no trailer), then the building code comes into play. The International Residential Code regulates one and two family dwellings and their accessory structures. Many proponents cite the permit exclusion provisions for "sheds" that are less than 200sf (120 sf in the 2006 edition) in area. This is not a valid permit exclusion for the typical tiny house.
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The key here is the word "shed". The code states, "One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses...". It is hard to argue that these are mere tool sheds or playhouses when they meet the entire definition of Dwelling and Dwelling Unit contained in the code.
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2009 International Residential Code (IRC) Definitions:
DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
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One could easily argue that a lack of one of the "permanent provisions" would preclude meeting the definition of "dwelling unit". Substitution of the built-in permanent stove with a plug-in counter top microwave would be one example. Elimination of the bathroom facilities is another.
If it isn't a complete "dwelling unit", then what is it? One could then argue it is a nice playhouse...exempt from building code permit requirements.
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Assuming that all permanent provisions are in place and the local code official makes the determination that the building is a "dwelling unit", the fun begins.
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The IRC prescribes some minimum areas for the dwelling. At least one room must be 120sf in area. All other habitable rooms except the kitchen must be 70sf in area. Minimum room width must be 7'. Minimum ceiling headroom must be 7'-0". The list goes on...and as you can see, so will your tiny house... going on down the road to some locale with no building code. Traditional tiny houses simply cannot comply with the IRC if they are determined to be dwelling units.
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A respondent stated the she thought that it would be possible to make the 120sf minimum area work. That may be possible. I will pick this idea up and explore it in a Part 2 post as a follow up to this discussion.
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Some will wonder why the code has so many restrictive requirements. These provisions go back beyond any memory, probably having their roots in the "tenement codes" first promulgated in places like New York City in the mid-nineteenth century. The intent was to provide for minimum habitability standards for conventional houses. Slum lord provisions, if you will.
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Truth be known, it is unlikely that any studies or analysis was conducted to ascertain that a building is safer or more habitable simply by having a single room with 120sf in area. Unfortunately, those that came up with these standards are no longer around to justify their existence. Old "tried and proven" code lore becomes absolute when the original basis for its inclusion is lost.
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Here is the moral of the story: Always do your homework first. Know the rules before you build or purchase. Understand the loopholes provided by the code and local case law. Query your code official on the requirements prior to bringing your building on the site. Be prepared to surmount some hurdles before enjoying your new-found minimalist venture.
