Tennessee Code (TCA): Lexis/Nexis Tennessee Code
Tennessee Effective Rules and Regulations (TER): Tennessee Secretary of State
International Residential Code (IRC): International Code Council
the Code of Federal Regulations (CFR): Cornell Law School
Principle of "equal and uniform" residential taxation:
Tennessee Constitution, Article II, Section 28:
"House trailers, mobile homes, and all other similar movable structures used for commercial, industrial, or residential purposes shall be assessed as real property, as an improvement to the land where located... The ratio of assessment...shall be equal and uniform."
(see TCA 67-5-501 exempting recreational vehicles (RV) from the definition of "movable structures" for residential property tax purposes)
TCA 5-1-116. Building, safety and other standardized codes, incorporated by reference.
(a) If the county legislative body or any agency or instrumentality thereof incorporates by reference a building code, safety and health code, or any other standardized code or document, a copy of such code or document shall be obtained and retained as a public record...
(b) If any person is cited by the county legislative body or any agency or instrumentality thereof as having violated a building code, safety and health code, or any other standardized code or document that has been incorporated by reference pursuant to subsection (a), a notation shall be included in such citation identifying with specificity where a copy of the respective code or document is located...
TCA 5-1-118. County powers shared with municipalities.
(a) Counties, by resolution of their respective legislative bodies, in addition to other powers authorized by general law or private act, may exercise the following powers granted to all or certain municipalities by the following code sections:
(1) section 6-2-201 (3)-(8), (10)-(13), (18), (19), (26) and (28);
(c)(1) In addition to those powers granted to counties pursuant to subsection (a), any county may, by adoption of a resolution by a two-thirds (2/3) vote of their respective legislative bodies, exercise those powers granted to all or certain municipalities by section 6-2-201 (22) and (23).
TCA 5-1-121. Enforcement of county rules.
Counties, by resolution of their respective legislative bodies, may establish a monetary penalty not to exceed five hundred dollars ($500) for each violation of a rule or regulation that the county legislative body is authorized to adopt.
TCA 5-20-102. Adoption by reference authorized.
(a) The governing body of any county may adopt or repeal a resolution that incorporates by reference the provisions of any code properly identified as to date and source, without setting forth the provisions of such code in full, except that this enabling authority shall not apply to any subject area that the state, now or hereafter, elects to regulate through its own adopted code.
TCA 5-20-103. Administration of code.
(a) The adopting resolution may also incorporate by reference the administrative provisions of any code, or may include in the adopting resolution any suggested administrative provisions found in a code.
(b) If a code does not contain administrative provisions, the administrative provisions of another code may be adopted and included in such resolution.
(c) The powers and duties of enforcing the provisions of any code may be conferred upon such officials within the existing framework of the county government as the governing body may determine, such as, but not limited to, officials administering zoning and planning regulations of the county.
TCA 5-20-104. Enforcement of code.
The county attorney or any official vested with the powers of enforcing any code may, in addition to any other remedies provided by law, institute an injunction to prevent the violation of such code.
TCA 5-20-105. Code violations -- Penalties.
(a) The authority of this chapter shall not extend to the incorporation by reference of any penalty clause contained in a code.
(b)(1) Any person, firm or corporation or agent who violates any code or fails to comply therewith or with any of the provisions thereof, or violates a detailed statement or plans submitted and approved thereunder, commits a Class C misdemeanor.
(b)(2) Each such person, firm or corporation or agent commits a separate offense for each and every day or portion thereof during which any violation of any of the provisions of a code is committed or continued.
TCA 6-2-201. General powers.
(see section 5-1-118 above for County authority)
(19) Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste, or license and regulate their collection and disposal; and the cost of collection, regulation or disposal may be funded by taxation, special assessment to the property owner, user fees or other charges;
(22) Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers;
(23) Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained;
(28)(A) Enforce any ordinance, rule or regulation by fines, forfeitures and penalties, and by other actions or proceedings in any court of competent jurisdiction;
TCA 6-58-107. Approved growth plan required.
(a) A growth plan for each county shall be submitted to and approved by the local government planning advisory committee in accordance with 6-58-104. After a growth plan is so approved, all land use decisions made by the legislative body and the municipality's or county's planning commission shall be consistent with the growth plan.
TCA 6-58-111. Annexation procedure.
(a) A municipality possesses exclusive authority to annex territory located within its approved urban growth boundaries...
(c)(1) Prior to a municipality annexing by ordinance territory outside its existing urban growth boundary whether the territory desired for annexation is within another municipality's urban growth boundary or a county's planned growth area or rural area, it must first amend the growth plan...
(2) As an alternative...a municipality may annex within a county's planned growth area or rural area, but the annexation must be by referendum only and not by ordinance.TCA 6-51-103. Quo warranto to contest annexation ordinance.
(a)(1)(A) Any aggrieved owner of property that borders or lies within territory that is the subject of an annexation ordinance prior to the operative date thereof, may file a suit...to contest the validity thereof on the ground that it reasonably may not be deemed necessary for the welfare of the residents and property owners of the affected territory and the municipality as a whole and so constitutes an exercise of power not conferred by law.
TCA 29-17-101. Legislative intent.
It is the intent of the general assembly that the power of eminent domain shall be used sparingly, and that laws permitting the use of eminent domain shall be narrowly construed so as not to enlarge, by inference or inadvertently, the power of eminent domain.
TCA 29-17-102. Part definitions.
(1) "Eminent domain" means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use...[transportation or utility infrastructure]
TCA 29-17-103. Preemption.
In event of a conflict between this part and any other statutes granting the authority to use the power of eminent domain...this part shall control and shall be construed to protect the private property rights of individuals and businesses, such that private property may only be condemned and taken for legitimate public use as defined in 29-17-102.
TCA 39-14-405. Criminal trespass.
(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public.
(b) It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.(c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner:
(1) Posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property; or
(2) Places identifying purple paint marks on trees or posts on the property; provided, that at least one sign is posted at a major point of ingress to the property in a manner that is reasonably likely to come to the attention of a person entering the property and that the sign includes language describing that the use of purple paint signifies "no trespassing."...TCA 39-17-102. Unlawful disposal of raw sewage
(a) It is an offense for a person to unlawfully dispose of water carrying human waste, household waste or business waste, or to pipe or transmit raw sewage or the effluent from any septic tank or other system of any type, into or on public or private property.
(b) Each day of continued violation after conviction constitutes a separate offense.
(c) It is the duty of the local health officer to enforce the terms of this section, but this shall not be a duty exclusive only to local health officers.
TCA 44-8-408. Dogs not allowed at large -- Exception -- Penalties.
(a) As used in this section, unless the context otherwise requires, "owner" means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog...
(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g) that the dog owner exercised reasonable care in attempting to confine or control the dog.
(g)(1) A violation of this section is a Class C misdemeanor punishable by fine only [unless the dog causes property damage or bodily injury]
TCA 47-18-104. Unfair or deceptive acts prohibited.
(a) Unfair or deceptive acts or practices affecting the conduct of any trade or commerce constitute unlawful acts or practices and are Class B misdemeanors.
(b) The following unfair or deceptive acts or practices...are declared to be unlawful and in violation of this part:
(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have...
(7) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;
(12) Representing that a consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law;
(21) Using statements or illustrations in any advertisement which create a false impression of the grade [or] quality...of the goods or services offered...
(22) Using any advertisement containing an offer to sell goods or services when the offer is not a bona fide effort to sell the advertised goods or services. An offer is not bona fide, even though the true facts are subsequently made known to the buyer, if the first contact or interview is secured by deception;
(27) Engaging in any other act or practice which is deceptive to the consumer or to any other person; provided, however, that enforcement of this subdivision (b)(27) is vested exclusively in the office of the Attorney General and reporter;TCA 47-18-109. Private right of action.
(a)(3) If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing violation of this part, the court may award three (3) times the actual damages sustained and may provide such other relief as it considers necessary and proper.
TCA 47-50-109. Procurement of breach of contracts unlawful.
It is unlawful for any person, by inducement, persuasion, misrepresentation, or other means, to induce or procure the breach or violation, refusal or failure to perform any lawful contract by any party thereto...
TCA 55-8-101. Chapter and part definitions.
(30) "Highway" means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel;
(68) "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
(49) "Park," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;TCA 55-8-158. Stopping, standing or parking
(a) Upon any highway, outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave the vehicle off such part of the highway; but in every event an unobstructed width of the highway opposite a standing vehicle of not less than eighteen feet (18 ft) shall be left for the free passage of other vehicles.
TCA 55-8-161. Additional parking regulations.
(d) A county may, by resolution of the county legislative body, prohibit parking on any roadway under its jurisdiction...when such parking is dangerous to those using the highway or interferes with the free movement of traffic. The county...shall place signs prohibiting or restricting the stopping, standing or parking of vehicles...[and] no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs... A violation of this section shall be punishable as provided by 55-8-103 [class C misdemeanor]. Each day a motor vehicle is in violation of this subsection shall be a separate event.
TCA 67-5-501. Definitions.
(7) "Movable structure" includes any mobile home or such other movable structure that is constructed as a trailer or semitrailer and designed to either be towed along the highways or to be parked off the highways, and that may be used, temporarily or permanently, as a residence, apartment, office, storehouse, warehouse or for any other commercial or industrial purpose; but does not include self-propelled vehicles, sleeping and camping facilities attached to, or designed to be attached to, or drawn by a pick-up truck or an automobile, and that contains less than three hundred square feet (300 sq. ft.) of enclosed space;
(see also CFR Chapter 24, Section 3282.15 definition of "recreational vehicle", not to be used as "primary residence" or for "permanent occupancy")
TCA 68-111-102. Minimum health standards.
The State Department of Health shall establish and distribute to each county and public health department of the state minimum health standards in the rental of any premises; these standards shall establish living and building conditions of a dwelling that render it unfit for human habitation.
TCA 68-120-101. Statewide building construction safety standards.
(a) The State Fire Marshal shall, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules establishing minimum statewide building construction safety standards. Such standards shall be designed to afford a reasonable degree of safety to life and property from fire and hazards incident to the design, construction, alteration and repair of buildings or structures. The standards:
(1) Shall include, but not be limited to, provisions relative to structural strength and stability; energy efficiency; means of egress; fire resistant ratings and requirements; and fire protection equipment and materials;
(2) May be selected wholly or partially from publications or amended versions of publications of nationally recognized agencies or organizations, such as the International Code Council, Inc., the National Fire Protection Association, Inc., and Underwriters Laboratories, Inc.;
(b)(1)(A) The standards established pursuant to subsection (a) apply to municipal, county, state and private buildings, including one-family and two-family dwellings, unless otherwise provided by statute.
(c) The standards established pursuant to subsection (a) do not apply to:
(1) Renovations of existing one-family and two-family dwellings;
(2) Nonresidential farm buildings;
(3) Temporary buildings used exclusively for construction purposes;(d)(1) The state fire marshal may, by rules promulgated in accordance with the Uniform Administrative Procedures Act require review and approval of plans and specifications prior to construction or alteration of certain types of buildings or structures. Such rules may include a schedule of fees sufficient to cover the costs of reviewing construction plans and specifications.
(f)(1)(A) The state fire marshal may...authorize and appoint any person, employed by any municipality or county...who meets the qualifications enumerated in subdivision (f)(2) as a commissioned deputy building inspector in this division, who shall have all the power of other deputies and assistants to enter any one-family and two-family dwellings to make inspections of the buildings and their contents and to report the inspections in writing to the commissioner.
(f)(2)(A) Deputy building inspectors appointed by the commissioner are authorized to inspect one-family and two-family building construction upon receipt of a request from the owner of the property, a licensed contractor, from municipal governing bodies or from the county legislative body of the county in which the buildings are located. Each inspector, either through their municipality, county or professional corporation, shall be authorized to charge for and receive a fee for each inspection.
TCA 68-120-102. Violations of building standards.
(a) It is unlawful to:
(1) Construct, alter, or repair any building or structure, or install any equipment in any building or structure, in violation of any rule duly promulgated as provided in this chapter; or
(2) Maintain, occupy or use a building or structure or part of any building or structure that has been erected or altered in violation of any rule duly promulgated as provided in this chapter.[see section 68-126-311(b) which prohibits use of any portable building as a dwelling]
TCA 68-120-107. Violations -- Notice to discontinue.
(a) Whenever the state fire marshal or other official having jurisdiction is satisfied that a building or structure...is being erected, constructed, altered or repaired in violation of the provisions or requirements of this chapter, the state fire marshal or other official shall serve a written notice or order upon the person responsible therefor, directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this chapter.
(b) In case such notice or order is not promptly complied with, the state fire marshal or other official having jurisdiction shall proceed in accordance with 68-102-117 -- 68-102-125.
(c) Whenever, in the opinion of the state fire marshal or other official having jurisdiction, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to public safety, the state fire marshal or other official may order, in writing, all further work to be stopped, and may require suspension of work until the condition in violation has been remedied.
TCA 68-120-108. Penalties for violations.
(a) Any person who violates a provision of this chapter or fails to comply with this chapter, or with any of the requirements of this chapter, or who erects, constructs, alters, or has erected, constructed or altered a building or structure in violation of this chapter, commits a Class B misdemeanor.
(b) The owner of a building, structure or premises where anything in willful violation of this chapter has been constructed or exists, and any architect, builder, contractor, person or corporation who has constructed or designed, or who has assisted in the construction or designing of the building, structure, or premises, each have committed a separate offense and, upon conviction of the offense, shall be fined as provided in subsection (a).
TCA 68-120-113. Municipal and county fire prevention and building officials -- Certification -- Penalties.
(a)(1) All municipal, county and state employed fire prevention and building officials having jurisdiction to enforce this chapter shall receive certification from the state fire marshal before enforcing applicable building and fire codes.
(d)(1) The state fire marshal may revoke the certification of any fire prevention or building official who does not properly enforce this chapter.
(d)(2) In addition to any other penalty under law, any fire prevention or building official who knowingly fails to enforce this chapter, and such intentional failure poses an immediate danger to the life, safety or welfare of another, commits a Class B misdemeanor.
TCA 68-126-302. Legislative findings -- Purpose -- Standards.
(c) The commissioner is authorized to set standards for the construction and installation of modular building units, and to provide for the inspection of such units by the department;
TCA 68-126-303. Part definitions.
"Structure" means any building or improvement and its components, systems, fixtures, and appurtenances at the time of completion or construction.
"Ready-removable" means a structure without any foundation, footings, or other support mechanisms that allow a structure to be easily relocated, but which may include electrical wiring.
TCA 68-126-304. Prerequisites to sale or installation -- Local requirements.
(a)(1) No modular building unit shall be offered for sale, sold, or installed in this state, unless it is approved and bears the insignia of approval of the commissioner, the commissioner's designee, or an approved inspection agency.
(b)(3) Subject to subdivision (b)(1), a local government may make, and charge a fee for, an inspection of the installation of a modular building unit. Such fee shall be equal to the amount charged for a similar inspection on conventionally built housing.
TCA 68-126-311. Requirements for ready-removables
(a) Ready-removables with electrical wiring must still meet applicable state and local electrical permitting requirements, local building permitting requirements, and have hardwired smoke alarms installed in accordance with the manufacturer's instructions.
(b) No ready-removable [with or without electrical wiring] shall be modified for use as residential, recreational, or emergency housing in this state.
TCA 68-126-403. Installation criteria and standards.
(a) It is unlawful to occupy any manufactured home in this state, unless the manufactured home has been installed by a person licensed by the commissioner to make such installation.
(b) It is unlawful for any person to locate or relocate any manufactured home in this state, other than a home heretofore exempt, or a home previously installed and inspected according to rules in effect at the time of location on the site, unless the installation of the manufactured home has been done by a person licensed by the commissioner to make such installation.
TCA 68-126-406. Inspection -- Permit -- Fee.
(a) All manufactured homes required to be installed pursuant to 68-126-403 may be inspected for compliance with applicable standards by qualified manufactured housing inspectors provided by the commissioner.
(b) The installer shall apply for an installation permit prior to installing a manufactured home and shall pay an inspection fee of forty-five dollars ($45.00). The permit may be purchased and the fee shall be paid to the county clerk in any county of this state.
(f) Upon payment of the inspection fee, the county clerk shall provide the purchaser a permit decal. The commissioner shall provide the permit decals to the county clerk. Installers and retailers may purchase decals from the county clerk; provided, however, that the commissioner shall account for all permits.
(g) A permit decal shall be placed on each new and used home that is installed after January 1, 2004. The decal shall be affixed inside the electrical panel box cover. The installer shall write the address where the home is located on the permit. The state or local electrical inspector shall not authorize electricity to be turned on at the home if no installation decal is on the home.
TCA 68-221-401. General requirements.
In order to minimize the possibility of endangering the health and welfare of the public and/or the development of esthetically offensive conditions, SSDS shall be so located, constructed and maintained that wastes discharged to or from such systems:
(3) Do not pollute or contaminate surface or ground water;
(4) Are not a health hazard by being accessible to the general public;
(5) Do not cause a nuisance due to odor or unsightly appearance;...TCA 68-221-406. Unlawful acts.
(a) It is unlawful for any person to:
(1) Begin construction or construct any house or establishment, mobile or permanent, to be served by a SSDS prior to approval of plans for the proposed location...and approval of the specific lot as to its suitability for construction of the SSDS by the commissioner;
(2) Begin construction or construct any house or establishment, mobile or permanent, in a subdivision until the subdivision plans have been approved by the commissioner;TCA 68-221-407. Approval of subdivision plan.
No proposed subdivision shall be approved by a local planning commission or other agency authorized to approve subdivisions until the plans for such subdivisions have been approved by the commissioner.
TCA 68-221-413. Violations -- Penalty.
(a) Any person violating any of this part and rules and regulations promulgated pursuant to this part commits a Class C misdemeanor.
(b) It is the duty of the district attorney general in whose district a violation occurs to assist the commissioner in prosecuting such violations.TCA 68-221-414. Proof of access to sewage system prior to construction.
(a) Any person who intends to construct or locate a house or establishment, mobile or permanent, shall furnish evidence to the deputy electrical inspector...that:
(2) The person has applied for a permit for a subsurface sewage disposal system (SSDS);
(b) No public electric system shall supply electrical service for the construction or location of a house or establishment, mobile or permanent, until notified by the official electrical inspector that there has been compliance with subsection (a).
(e) This section does not apply to those counties having countywide building permit programs; provided, that those counties shall by letter certify to the commissioner of environment and conservation that such programs do exist which require that a SSDS permit be obtained prior to receiving a building permit.
TCA 70-7-102. Landowner's duty of care.
(a) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, camping, water sports, hiking, rock climbing, [etc.] nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in 70-7-104.
TCA 70-7-103. Effect of landowner's permission.
Any landowner, lessee, occupant, or any person in control of the land or premises or such person's agent who gives permission to another person to [engage in recreational activities] upon such land or premises does not by giving such permission:
(1) Extend any assurance that the premises are safe for such purpose;
(2) Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed; or (3) Assume responsibility for or incur liability for any injury to such person or purposely caused by any act of such person to whom permission has been granted except as provided in 70-7-104.TCA 70-7-104. Conditions under which liability unaffected.
(a) This part does not limit the liability that otherwise exists for:
(1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or
(2) Injury caused by acts of persons to whom permission to [engage in recreational activities] or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.(b) Subdivision (a)(1) shall not be construed to impose liability or remove the immunity conferred by 70-7-102 for failure to guard or warn of a dangerous condition created by forces of nature.
TCA 70-7-105. Waiver of landowner's duty of care.
Any person eighteen (18) years of age or older entering the land of another for the purpose of [engaging in recreational activities] for such person's use for a consideration [of money] may waive, in writing, the landowner's duty of care to such person for injuries that arise from [such activities], if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or for a failure to guard or warn against a dangerous condition, use, structure or activity.
Chapter 0780-02: Dept of Commerce, Division of Fire Prevention
Chapter 0780-02-23: One and Two Family Dwellings
0780-02-23.02 Adoption by Reference.
(1) Unless otherwise provided by applicable law or the provisions of this chapter, the required minimum codes and standards for the construction of one (1) and two (2) family dwellings and townhouses in the state of Tennessee shall be those prescribed in the following publications:
(a) International Residential Code (IRC), 2009 edition, published by the International Code Council, Inc. (ICC)
(2) Paragraph (1) of this rule shall not be construed as adopting any provision of the cited publications which establishes:
(a) Any provision superseded by law;
(b) An optional or recommended, rather than mandatory, standard or practice; or
(c) Any agency, procedure, fees or penalties for administration or enforcement purposes inconsistent with these rules.(3) The provisions of the cited publications adopted by reference in paragraph (1) shall govern the manner in which:
(a) The codes and standards are applied to construction of one (1) and two (2) family dwellings as defined in this chapter;
(b) Occupancies and types of construction are classified for the purpose of determining minimum requirements of the codes and standards; and
(c) The specific requirements of the codes and standards may be modified to permit the use of alternate materials or methods of construction.0780-02-23.08 Fees.
(9) Any person who begins any work on any building or structure before obtaining the necessary permit required under this chapter shall be subject to an additional fee of one hundred percent (100%) of the required permit fee for each violation.
Definitions
Building: Any one or two family dwelling or portion thereof used or intended to be used for human habitation; for living, sleeping, cooking or eating purposes, or any combination thereof.
Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Dwelling: Any building, that contains one or two dwelling units; used, intended or designed to be built, used, rented, leased, let or hired out to be occupied; or that are occupied for living purposes.
Habitable Space: A space in a building [dwelling] for living, sleeping, eating or cooking.
Sec R105: Permits
Any person who intends to construct, alter, repair, or change the occupancy of a building or structure...shall first make application to the building official and obtain the required permit.
Sec R110: Certificate of Occupancy
A building or structure shall not be used or occupied [as a dwelling] until the building official has issued a certificate of occupancy.
After the building official inspects the building or structure and does not find violations of the provisions of this code, the building official shall issue a certificate of occupancy
Sec R113: Violations
It shall be unlawful for any person to construct, alter...or occupy any building or structure regulated by this code in violation of any of the provisions of this code.
If the notice of violation is not complied with, the building official is authorized to...restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure.
Sec R301: Design criteria
[Residential] structures shall be constructed to safely support all loads...as prescribed by this code.
Section R303, R304, R305: Habitable rooms
Habitable rooms shall have a [window] area of not less than 8 pct of the floor area. Habitable rooms shall have a floor area of not less than 70 sq ft [and] a ceiling height not less than 7 feet. Bathrooms shall have a window [or] a local exhaust system.
Where the air infiltration rate is insufficient, the dwelling unit shall be provided with whole-house mechanical ventilation. Where the winter design temperature is below 60 degrees, every dwelling unit shall be provided with heating facilities. The installation of portable space heaters shall not be used to achieve compliance with this section.
Section R306: Sanitation
Every dwelling unit shall be provided with a water closet, lavatory, and a bathtub or shower. Every dwelling unit shall be provided with a kitchen area, and every kitchen area shall be provided with a sink. Plumbing fixtures shall be connected to a sanitary sewer or an approved private sewage disposal system. Plumbing fixtures shall be connected to an approved water supply.
Section R314, R315: Smoke alarms
Smoke alarms shall be provided in all dwelling units. Smoke alarms shall be installed in each sleeping room [or] in each sleeping area in the immediate vicinity of the bedrooms.
Carbon monoxide alarms shall be provided in a dwelling unit which contains a fuel-fired appliance (eg: wood stove).
Section R1004, R1005, R1006: Fireplaces
Factory-built fireplaces shall be listed and labeled, and shall be installed in accordance with the conditions of the listing. Factory-built chimneys shall be listed and labeled, and shall be installed in accordance with the manufacturer's installation instructions.
Factory-built fireplaces shall be equipped with an exterior air supply to ensure proper fuel combustion unless the room is mechanically ventilated and indoor pressure is controlled.
A chimney connector shall not pass through a wall unless the connector is listed and labeled for wall pass-through, and is installed in accordance with the conditions of the listing.
Appendix Q: Tiny House exceptions (adopted in 2017)
Applicable to "tiny houses" of 400 sq ft or less used as single dwelling units. Tiny houses shall comply with this code except as otherwise stated in this appendix.
[Includes a few modifications for ceiling height, lofts, stairways, etc.]Referenced Standards:
- International Fire Code
- International Plumbing Code
- International Private Sewage Disposal Code
National Fire Protection Association (NFPA) codes:
- NFPA 5000: Building Construction and Safety Code
- NFPA 70A: National Electrical Code Requirements for One- and Two-Family Dwellings
- NFPA 501: Standard on Manufactured Housing
- NFPA 225: Standard on Manufactured Home Installation
- NFPA 1192: Standard on Recreational Vehicles
Other Standards:
- ANSI A119.5-15, Park Model Recreational Vehicle Standard
Title 24, Part 3280: Manufactured Home Construction and Safety Standards
Section 3280.2: Definitions.
Dwelling unit: One or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking and eating.
Manufactured home: A structure, transportable in one or more sections, which when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities.
Section 3282.15: Exemption for recreational vehicles
(a) Exemption. A recreational vehicle that meets the requirements of this section is exempt from 24 CFR parts 3280 and 3282.
(b) Definition. A recreational vehicle is:
(1) A vehicle or vehicular structure not certified as a manufactured home
(2) Designed only for recreational use and not as a primary residence or for permanent occupancy; and is either:
(i) Built and certified in accordance with either NFPA 1192 or ANSI A119.5 as provided by paragraph (c) of this section; or
(ii) Any vehicle which is self-propelled.(c) Notice and certification requirements. In order for the exemption to apply to an ANSI A119.5-15 certified recreational vehicle, a Manufacturer's Notice must be delivered to the consumer prior to the completion of the sales transaction. The Manufacturer's Notice must also be prominently displayed in a temporary manner in the kitchen. The Manufacturer's Notice must meet the following requirements:
(1) Title of Manufacturer's Notice. The title of the Manufacturer's Notice shall be "***** MANUFACTURER'S NOTICE *****" which shall be legible and typed using bold letters at least 1 inch in size.
(2) Content of Notice. The content of the Manufacturer's Notice text shall be as follows:"The Manufacturer of this unit certifies that it is a Park Model Recreational Vehicle designed only for recreational use, and not for use as a primary residence or for permanent occupancy. The manufacturer of this unit further certifies that this unit has been built in accordance with the ANSI A119.5-15 consensus standard for Park Model Recreational Vehicles."
(3) Text of Notice. The text of the Manufacturer's Notice, aside from the Manufacturer's Notice's title shall be legible and typed using letters at least 1/2 inch in size.
(4) Removal of Manufacturer's Notice. The Manufacturer's Notice shall not be removed by any party until the entire sales transaction has been completed.