Are Backyard Workshops Exempt From Inspection ?

By Barry Stone

Dear Barry,

A home inspector recently cited the workshop building in my back yard for violations involving the electrical wiring and sink plumbing. He recommended that I obtain a building permit and have the construction approved by the city. I checked the building code and found that detached accessory buildings do not require permits if they are smaller than 120 square feet. How can I convince the inspector that the workshop is exempt from code requirements? -- Dan

Dear Dan,

It is true that small accessory buildings, in many instances, can be constructed without building permits. But there are three errors in your position, two of which indicate that your reading of the building code may have been selective and incomplete.

To begin, even when construction work is exempt from building permit requirements, such exemption does not include electrical, plumbing, and mechanical systems. The building code is very specific on this point, requiring permits for all plumbing and electrical construction in order to maintain adequate health and safety conditions.

Furthermore, the code plainly stipulates that exemption from building permit requirements does not grant authority to an owner or builder to violate any building code provisions. You may be allowed to construct a small building without a permit, but you are still required to perform all aspects of the work in full compliance with all code specifications.

Finally, there is an aspect to this issue that transcends specific code considerations: Regardless of any legal mandates, you should exercise a proactive concern for the general health and safety of anyone who might use your workshop building. The purpose of the building code is "...to provide minimum standards to safeguard life or limb, health, property and public welfare...."

Avoidance of these standards on the basis of a technical exemption or other legal loophole demonstrates an unfortunate and ill-advised approach.

My advice is to err on the side of safety and common sense. As noted above, the building code is a "minimum standard." Compliance with its provisions is the very least a builder or property owner can do to maintain safe conditions for the benefit of everyone.

Copyright 2002-2006 Barry Stone. Distributed by Inman News Features