Talkin’ Code with Andrew Getty

Be as precise as possible in describing intended structures

E=MC2: Questions & Answers

Q: Do I need to get a building permit to build a shed?

A: Yes, all structures require a permit. Here is the application, when do you hope to start?

Q: Actually we already started. We did not realize permits were required up here in the woods. We figured up here who would care anyway? What is needed to get the permit?

A: Fill out the application, provide a survey and show where the structure will be placed. Please show that accurately relative to property lines.

If the structure is less than 150 square feet, provide a simpleplan as to how it is built.

If the structure is larger than 150 square feet, we will need a better set of building plans.

Q: Well maybe this is a little more than a shed; it is a small garage 22 X 28 feet. If you come over we can show you where we put it, that way a survey will not be required, right?A: 22 X 28 is 616 square feet!!

The setback distance is only 10 feet off the side and rear property line if the structure is less than 600 square feet.

When it is over 600 square feet, 25 feet is required for the side property line setback and in your area 50 feet is required for the rear property line.

Q: We have to be 25 feet off the side property line? Can’t you guys just come over and look?

A: Maybe someone from the Code Office can come over to look, but without the structure plotted on a certified survey it is impossible to verify the actual location.

Q: What’s the big deal for a garage? Our neighbor’s garageis really close to the property line, so why can’t ours be the same?

A: First, you started without a permit. Then you tell us it was a“shed.” Now the shed has turned into a pretty good sized garage. A small shed is one thing, a garage bigger than 600 square feet would not be a big deal on a larger lot. But you have a small lot.

One thing leads to another.

This is why the permit application process is in place, so the Code Office can help steer you in the right direction, even if it involves variances or some sort of Board relief.

TWO WEEKS LATER…

Q: Okay, here is the survey and a basic construction plan. The survey shows we have room for the garage and can maintain the 25 foot side line setback. Now can we get going again?

A: The survey is perfect! Although it is really close to the setback, it does comply.

The plan is pretty basic and a straight forward one story, regular truss, unheated garage.

Go ahead and keep going. Theinspection schedule is on the permit.

It is your responsibility to call the Code Office when you are ready for inspections.

Six weeks later, no calls for inspections, after a visual observation and a phone call to the owner…

Q: Oh, we’re sorry….we forgot to call for inspections! Is that a problem?

A: Well it creates several problems actually. First, we cannot verify how deep, what size or if there is any re-bar in the footings.

Secondly, the structure is not a one story garage. Clearly what you have built is a two story structure.

Q: Yeah, we made some changes. We figured if we are building this thing, we may as well make it bigger, especially since we can, being 25 feet off the property line. That was all you guys cared about, right?

A: Every time you change your plan, other potential problems are created. This two story structure is now taller than the principal structure, your house.

By the Town’s local laws, that is prohibited.

And the habitable space you are building on the second floor creates NYS Building and Fire Safety Codes. Things like floor loading of the trusses, egress, energy codes, and fire separations just to name a few.

Q: This seems to be ridiculous! Every time we do something, your office tells us we can’t do it! Why can’t your office just tell us what we need to know the first time?

A: We have been trying. When you submitted your building plans, we assumed that was what you were doing, but you changed the plan.

It’s like the law of nature, for every force there can be an equal and opposite force.

Tell us what you are hoping for, stick with that, and we will try to get you there.

Change without telling us, expect the outcome to change as well.

Share Button