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Started by Lost arrow 333, June 14, 2019, 09:15:05 AM

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Lost arrow 333

What Buildings Require a Building Permit?
To answer this question we must look at the Utah State Code and the Adopted Building Codes. Utah State
adopts building codes to be enforced by each political subdivision of the state. For the building itself, the state
has adopted the International Building Code for commercial projects and the International Resident Code for
One and Two Family Dwellings and Town Houses. Each of these codes has exemptions to the Building permit
requirement but are not exempt from being built to the adopted codes. (Ref: IBC 105.2, IRC 105.2 and Utah Code 15A-
1-204(11)) The exemption is strictly from obtaining a building permit for building element of the project. Other
permits may be required for Electrical, Plumbing and HVAC equipment that are to be installed in or on the
building. This includes electrical solar systems, wind generators and other alternative systems.
IBC: A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any
other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
IRC: R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed
to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws
or ordinances of this jurisdiction. Permits shall not be required for the following:
The following "Buildings" are exempt from the building permit requirements;
IBC Commercial Exemptions;
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses,
provided the floor area is not greater than 120 square feet (11 m2).
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
IRC Exemptions;
1. One-story detached accessory structures, provided that the floor area does not exceed 200 square feet
(18.58 m2).
8. Swings and other playground equipment.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm)
above grade at any point, are not attached to a dwelling do not serve the exit door required by Section
R311.4.
Utah State Exemption;
(11) (a) Except as provided in Subsection (11)(b), a structure used solely in conjunction with agriculture use,
and not for human occupancy, or a structure that is no more than 1,500 square feet and used solely for the
type of sales described in Subsection 59-12-104(20), is exempt from the permit requirements of the State
Construction Code.
(b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing, electrical, and mechanical
permit may be required when that work is included in a structure described in Subsection (11)(a).
Note that each one of these exemptions has specific conditions attached. For the codes the key is that the
building is an "Accessory Structure". The codes define an "Accessory Structure" as "a structure that is
accessory to and incidental to that of the dwelling(s) and that is located on the same lot." So if the property is
vacant land, and the building is not being used solely in conjunction with agriculture use, then the building
requires a building permit regardless of its size or intended use.
Duchesne County requires any building being built or placed on vacant bare property to be issued a building
permit prior to construction or placement. Before a building permit is issued for any building, the property must
be evaluated for the installation of an on-site waste water system.
For Agricultural buildings Duchesne County requires an Agricultural Exemption Form be signed, notarized and
recorded with the Duchesne County Recorders office.
The minimum penalty for building or placing a structure on a property without first obtaining the required
building permit is a fe equal to the required permit even if a permit cannot be issued for the project.
(Ref: Duchesne County Code 7-1E-4 / Resolution 15-18 Exhibit B)

Lost arrow 333

The main part im focusing on is "RC Exemptions;
1. One-story detached accessory structures, provided that the floor area does not exceed 200 square feet
(18.58 m2).
8. Swings and other playground equipment.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm)
above grade at any point, are not attached to a dwelling do not serve the exit door required by Section
R311.4. "
So is this saying i could build a 200 sqf cabin without needing a building permit?


MountainDon

Note:  I enlarged the font size as the original post used a size, 2pt, that was basically unreadable.

Just because something has been done and has not failed, doesn't mean it is good design.

MountainDon

#3
That excerpt is fairly standard in many state and county regulations.  One key phrase is "One-story detached accessory structures," and the key word is accessory. That is meant to indicate the under 200 sq ft building must be a building that is built on a property that already has a permitted building, such as a house. You can't have an accessory with the main.

I note they left out the additional descriptors they use in the IBC exemptions...  "used as tool and storage sheds, playhouses and similar uses,"  but the intent is to probably include the same exempt types.

Some areas may be lax in enforcing such rules. However, the ruling body would have the right to enforce removal if such a structure was built and later someone complained or the inspector just felt like checking it out.
Just because something has been done and has not failed, doesn't mean it is good design.

ChugiakTinkerer

Welcome to the forum!

Quote from: Lost arrow 333 on June 14, 2019, 09:18:00 AM
So is this saying i could build a 200 sqf cabin without needing a building permit?

As MountainDon noted above, you can build a hay barn, chicken coop, or stable.  Any non-agriculture building such as a cabin will require a permit.  They spell it out explicitly in paragraph 11(b)(i):
Quote
So if the property is vacant land, and the building is not being used solely in conjunction with agriculture use, then the building requires a building permit regardless of its size or intended use.
My cabin build thread: Alaskan remote 16x28 1.5 story


Dave Sparks

Being a provider of remote power systems I see this a few times every year. If the place is remote and attention is not drawn, it can be done.

The big however is down the road, as Don points out it can change. A decision will have to be made on what is now required will have to be made.

I know one family that has lived in their small home for decades. I always tell folks not to put anymore money in than necessary. The other way is to be ready to build a permitted structure if it becomes required. One guy had to open the walls in several places and show that it was code.

Having any utilities or mail delivered to the site can trigger the AHJ along with a neighbor.
"we go where the power lines don't"

MountainDon

Quote from: Dave Sparks on June 15, 2019, 09:18:02 AM
One guy had to open the walls in several places and show that it was code.

One guy near us did the "under the radar" thing. Months after it was more or less completed he was notified he was in violation of having an un-permitted structure. By the time it was all settled he had cut 9 holes in spots the inspector selected. He had to correct one plumbing venting error but the others were okay. Plus he had to pay the permit fee X 1.5.  He passed but it would have been easier to apply in the beginning.  His work was good, it even looked good. The inspectors, 2 of them, told him he had done better than many homeowners.
Just because something has been done and has not failed, doesn't mean it is good design.