Home Based Business - Karate studio

[Yankee]

If zoning allows it then leave this one alone, don't make it a building issue

That pretty much worked for me in the past as we have a Home Occupation definition under our zoning, but codes would and should come into play when a certain benchmark is reached even within the home business and that must be what is being attempted under the new live work units.

Don't play the "it's no different than a quilting guild" card. The public coming to what they assume is a business (they are paying in a standard manner for whatever they are receiving) has the right to expect that there has been code review and a minimum standard of life safety.

 

[Uncle Bob]

Homebased Business is more of a parking and traffic congestion problem than anything else; calling for zoning code requirements.

Uncle Bob

 

[Yankee]

Our zoning allows for up to 1000sf of home business. There's a lot that can go on in 1000sf. We have a number of antique retail shops out in an attached "bahn", and an auto body shop, martial arts studio (less than 50 occ load) and there are plenty of building code issues that go along with each.

The typical hairdresser, piano teacher, accountant etc are treated under the IRC

 

[brudgers]

There is some room there for a judgement call, but IMHO anything activity that is a "class" rather than individual instruction is likely to fall under live/work (ie Yoga class).

So the piano lady is busted when she gives a lesson to a brother and sister?

 

[Yankee]

Did you read my post?

 

[peach]

It's a zoning issue.. don't make it a building code issue (I hate the new live/work definition and scope). Zoning will generally govern, anyway.

 

[brudgers]

Did you read my post?

In fact, I quoted it.

Maybe you meant group instruction when you wrote "individual instruction?"

 

[Yankee]

It's a zoning issue.. don't make it a building code issue (I hate the new live/work definition and scope). Zoning will generally govern, anyway.

How would the issue be handled in a town who's zoning is silent on home businesses (or where there is no zoning)?

 

[brudgers]

How would the issue be handled in a town who's zoning is silent on home businesses (or where there is no zoning)?

If the town is silent on home based businesses, the building official should remain so until such time as an ordinance provides permission to speak.

 

[GHRoberts]

If the town is silent on home based businesses, the building official should remain so until such time as an ordinance provides permission to speak.

That is well said.

 

[Yankee]

That is well said.

I believe you have that backwards. A business is a business wherever it is located UNLESS the BO has the policy of tying the building code/residential code to the zoning ordinance definition and permitting said business the requirement of ONLY meeting residential codes.

 

[Coug Dad]

Interesting interpretation Yankee. What is your code section basis for that opinion?

 

[Yankee]

IBC Chapter 3

 

[steveray]

(Add) 304.1.1 In-home Group B occupancies. Customary in-home business occupancies located within a single-family dwelling unit, that provide professional services and employ a maximum of one employee within the dwelling in addition to the residents of the dwelling unit, shall be classified as a Group R-3 occupancy or shall be permitted to comply with the requirements of the 2003 International Residential Code portion of the 2005 State Building Code.

This is a CT amendment to the 2003 IBC. It gives a little flexibility...for better or worse...

 

[Yankee]

That amendment calls out "professional services", which is a good thing as those types of services don't typically cause the premises to need additional building code requirements over what would be found in the IRC (except accessibility issues).

Brudgers et all, what happens if you have a home retail shop permitted by zoning which is selling fireworks. No problem, let it go, it passes zoning? My point being, zoning regulations address impacts to the neighborhood such as traffic, noise, light etc. Zoning NEVER addresses what HAZARD a given business might have to the building occupants or structure.

 

[GHRoberts]

My point being, zoning regulations address impacts to the neighborhood such as traffic, noise, light etc. Zoning NEVER addresses what HAZARD a given business might have to the building occupants or structure.

In my location "home occupations" are allowed with the approval of some board. I suspect that is true in most places. If I were the AHJ, I would ask that board to seek my comments before approving any "home Occupation" usage.

I agree that "home occupations" or whatever pose a issue that the AHJ and zoning departments should have some policy on. I would prefer a policy that allows people to at least supplement their income. (Both my wife and I run "home occupations.")

---

Every 4th of July my neighbors set off a large number of fireworks. Some aerial. I wait for my house to start on fire. While I would prefer for my neighbors to sell fireworks rather than use them to burn my house down, the jurisdiction only has say in if they sell them. Funny how life works.

 

[Coug Dad]

Yankee

Your example of fireworks would be covered in the adopted Fire Code. I do not see what provision of the IBC applies provisions on a single family dwelling that might have incidental in home business use. "Chapter 3" is pretty vague. Can you be more specific?

 

[mtlogcabin]

If you are going to apply the IBC literally across the board to a home business use then your office needs a 50 psf floor the retail 100 psf and where does it stop.

 

[Yankee]

If you are going to apply the IBC literally across the board to a home business use then your office needs a 50 psf floor the retail 100 psf and where does it stop.

It "stops" with judgement of the BO for each particular situation. If the hazard and intensity combined doesn't reach a level that seems in excess of the use of a SFD, then applying the Building Code would not be justifiable. My point being, just because the (planning board, ZBA, whichever) approves a home occupancy do not assume that there are no Building Code issues that should be addressed. GH Roberts: The Planning Board and/or the ZBA typically have the scope of authority that is given to them by the State regulations. They don't have the authority to review for codes, but they DO have the authority to add as a condition of approval that the home business meet/have approvals from the building/fire code department. Another example . . . ok , , , an applicant is growing and canning home made preserves and has approval of the planning board/zba and also the State Health Department. Is she good to go with her recently installed commercial kitchen equipment?

Nope, bet not . . . .

 

[brudgers]

That amendment calls out "professional services", which is a good thing as those types of services don't typically cause the premises to need additional building code requirements over what would be found in the IRC (except accessibility issues). Brudgers et all, what happens if you have a home retail shop permitted by zoning which is selling fireworks. No problem, let it go, it passes zoning? My point being, zoning regulations address impacts to the neighborhood such as traffic, noise, light etc. Zoning NEVER addresses what HAZARD a given business might have to the building occupants or structure.

Fireworks are protected by the Second Amendment.

 

[brudgers]

It "stops" with judgement of the BO for each particular situation.

Only in so far the BO has regulatory power.

Supreme executive authority derives from a mandate from the masses, not some farcical interpretation of the building code.

 

[Yankee]

Fireworks are protected by the Second Amendment.

: ) rotflmao

 

[Yankee]

Only in so far the BO has regulatory power.Supreme executive authority derives from a mandate from the masses, not some farcical interpretation of the building code.

Supreme executive authority derives from State Law which invests municipalities with limited police powers to enforce codes and to interpret codes and to define local zoning ordinaces.

You are right in that state law is made by those Who Have Been Chosen by the masses to represent thier wishes.