Agricultural No Building Permit Required

[Mr. Inspector]

Is that due to a phobia involving barns?

Agricultural No Building Permit Required

 

[ICE]

Agricultural No Building Permit Required

Not inspecting a solar array because it was installed on a barn roof fits in with the typical SoCal inspector that doesn’t inspect a solar array because it is installed on a house roof.

 

[Yankee Chronicler]

Did a solar inspection. Half was on the house and the other half was on a barn. I could not inspect the equipment on the barn.

Why not? You wouldn't be inspecting the barn, you'd be inspecting the solar array. Did the solar panels on the barn only serve the barn, or are they connected to the house system?

 

[jar546]

Did a solar inspection. Half was on the house and the other half was on a barn. I could not inspect the equipment on the barn.

Trigger Warning

This is exactly what I have been so frustrated with when it comes to interpreting the PA UCC by third-party agencies contracted with municipalities to provide administrative, inspection, and plan review services, acting as the building department.

There is a culture of not wanting to "rock the boat" and piss off the local politicians who vote on the agency's contract. This creates an attitude of "how can I not do this" rather than using common sense. There is more concern about losing a contract or losing your job for doing your job than there is the reality fo the situation.

I've heard PA third-party agencies and their inspectors think that they can't even inspect a propane furnace in a house because propane is exempt from the UCC, when, in fact, PA L&I had to go out of their way to explain that the components installed inside the house are, definitely NOT exempt under the UCC, even when they are fueled by LPG. When is this madness and excuse for not doing your job going to end?

Are you seriously not going to inspect half of a solar system because it's located on an agriculture building? Tell the owner that after they paid for a permit and see how stupid that sounds. Did you check with zoning to make sure the property is actually located in an agricultural district? Did you verify the use of the barn? Can I build a barn as an accessory structure in an R1 zone and tell you that it dos not have to be permitted?

Seriously, some of these decisions are just beyond comprehension.

Are you afraid the owners were going to sue you for inspecting the other half of a PV system after they paid for you to do that exact thing?

Overlooking the inspection of the solar array on the agricultural barn compromises safety and ignores the interconnectedness of modern energy systems, potentially placing the entire property and its occupants at risk.

 

[Mr. Inspector]

Did you check with zoning to make sure the property is actually located in an agricultural district? Did you verify the use of the barn? Can I build a barn as an accessory structure in an R1 zone and tell you that it dos not have to be permitted?

1. I never checked or was required to check on the zoning district that a building is in, in my 20 years as construction inspector.
2. A zoning district does not affect any of the building code requirements and exceptions.
3. The state definition of an agricultural building does not say anything about the location.
4. I am not the BCO that issues the permits.

The one I talked about on post 6 was in industrial area and was not a farm. A stable at a racetrack that we also lost in court to require a permit was definitely not in an agricultural district or a farm. Also, there was a very large solar system on a very large barn which my company refused to take to court after they built it without a permit. My 3rd party company knew it was not worth taking it to court.

 

[e hilton]

1. I never checked or was required to check on the zoning district that a building is in, in my 20 years as construction inspector.

You missed the point. He was on a roll, and was pointing out things that are just as absurd as your excuse for not inspecting half the job.

 

[ORinspector]

In Oregon, an agricultural building is exempt from a structural permit, but any plumbing, electrical, or mechanical installations require permits and inspections. Oregon Revised Statute 455.315:
455.315 Exemption of agricultural buildings, agricultural grading, equine facilities and dog training facilities. (1) The provisions of this chapter do not authorize the application of a state structural specialty code to any agricultural building, agricultural grading, equine facility or dog training facility.

(2) As used in this section:

(a)(A) “Agricultural building” means a structure located on a farm or forest operation and used for:

(i) Storage, maintenance or repair of farm or forestry machinery and equipment;

(ii) The raising, harvesting and selling of crops or forest products;

(iii) The feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees;

(iv) Dairying and the sale of dairy products; or

(v) Any other agricultural, forestry or horticultural use or animal husbandry, or any combination thereof, including the preparation and storage of the produce raised on the farm for human use and animal use, the preparation and storage of forest products and the disposal, by marketing or otherwise, of farm produce or forest products.

(B) “Agricultural building” does not mean:

(i) A dwelling;

(ii) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

(iii) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;

(iv) A structure used by the public; or

(v) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder.

(b) “Agricultural grading” means grading related to a farming practice as defined in ORS 30.930.

(c) “Dog training facility” means a farm building used for dog training classes or testing trials permitted under ORS 215.213 (1)(z) or 215.283 (1)(x) in which no more than 10 persons are present at any one time.

(d)(A) “Equine facility” means a building located on a farm and used by the farm owner or the public for:

(i) Stabling or training equines; or

(ii) Riding lessons and training clinics.

(B) “Equine facility” does not mean:

(i) A dwelling;

(ii) A structure in which more than 10 persons are present at any one time;

(iii) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476; or

(iv) A structure subject to sections 4001 to 4127, title 42, United States Code (the National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder.

(3) Notwithstanding the provisions of subsection (1) of this section, incorporated cities may regulate agricultural buildings, equine facilities and dog training facilities within their boundaries pursuant to this chapter.

(4) An agricultural building may be used for uses in addition to the uses listed in subsection (2)(a)(A) of this section if the additional uses:

(a) Are incidental and accessory to the uses listed in subsection (2)(a)(A) of this section;

(b) Are personal to the farm owner and the farm owner’s immediate family or household; and

(c) Do not pose a greater hazard to persons or property than the uses listed in subsection (2)(a)(A) of this section. [Formerly 456.758 and then 456.917; 1995 c.783 §1; 2003 c.74 §1; 2005 c.288 §3; 2013 c.73 §3; 2021 c.120 §1; 2021 c.552 §11]

 

[Mr. Inspector]

Pa defintion of a Agricultural building—

(i) A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals, a milk house and a structure used to grow mushrooms.

(ii) The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies.

(iii) The term does not include habitable space or spaces in which agricultural products are processed, treated or packaged and will not be construed to mean a place of occupancy by the general public.

Notice there is nothing about location or that it needs to be on a farm. Someone could have rabbits or keep a tractor at their home garage and call it an agricultural building. Because of the high chance of losing in court my inspection company is not interested in challenging someone that is calling a building an agricultural building anymore.

 

[Inspector Gadget]

Canadian definition:

Farm building means a building or part thereof that does not contain a residential
occupancy and that is associated with and located on land devoted to the practice
of farming, and used essentially for the housing of equipment or livestock, or the
production, storage or processing of agricultural and horticultural produce or feeds.

 

[tmurray]

Canadian definition:

Farm building means a building or part thereof that does not contain a residential
occupancy and that is associated with and located on land devoted to the practice
of farming, and used essentially for the housing of equipment or livestock, or the
production, storage or processing of agricultural and horticultural produce or feeds.

For added context, this is from the National Farm Code of Canada that deals with smaller farm buildings (up to 600 square meters and three stories in size).

It is a dated document, with the most recent version being from 1995. Currently it is only adopted by British Columbia and Nova Scotia. Ontario adopts it with some exceptions.

In most Canadian provinces, farm buildings are exempt from all codes.