HomeMy WebLinkAbout4.0 BOCC Staff Report 03.20.2017Land Use and Development Code Text Amendment
Board of County Commissioners - Staff Report Exhibits
Applicant is the Garfield County Board of County Commissioners
March 20, 2017
(File TXTP-01-17-8511)
Exhibit
Number
Exhibit Description
1
Public Hearing Notice Information
Proof of Publication
2
3
Garfield County Land Use and Development Code, as amended
4
Garfield County Comprehensive Plan of 2030
5
Application
6
Staff Report
7
Referral Comments from the Gypsum Fire Protection District, dated
January l7, 2017
8
Referral Comments from the City of Rifle, dated January, 17, 2017
9
Referral Comments from the Glenwood Springs Fire Department,
dated January 26, 2017
10
Referral Comments from the Garfield County Public Health
Department, dated February 22, 2017
11
Email from Andy Schwaller of Garfield County Building Department,
dated March 6, 2017
4f,"/6/(
PROJECT INFORMATION
TYPE OF REVIEW: Text Amendment to the Garfield County Land Use and Development Code
Efficiency Homes (AKA Tiny Homes) in Garfield County — Amendment to the
Definition of Dwelling Unit, Detached
FILE NUMBER: TXTP-01-17-8511
APPLICANT: Board of County Commissioners
DATE: March 20, 2017 — Board of County Commissioners
PC Recommendation: Approval (5-2)
I. BACKGROUND
On January 17, 2017, the Board of County Commissioners directed Staff to begin a Text Amendment to
consider allowing Dwelling Units smaller than 20 feet wide by 20 feet long. By doing so, this amendment
would allow for Efficiency Homes (AKA Tiny Homes) within unincorporated Garfield County.
On March 8, 2017, the Planning Commission heard the Staff proposal to eliminate the 20 feet by 20 feet
minimum size for Dwelling Units. At this hearing, the Commission voted 5-2 to recommend approval to
the Board of County Commissioner that this minimum size requirement be struck from the Land Use and
Development Code, as proposed. Some noted concerns included the potential proliferation of more
undesirable units such as single -wide mobile homes that the current provision minimizes. Overall, there
was an opinion that the amendment will have minimal impacts and that it would help promote greater
housing diversity and affordability throughout the County.
II. PROPOSAL DESCRIPTION
Tiny homes have garnered a significant amount of national attention in the past few years and their
popularity appears to be growing mainly due to what is perceived as a "lifestyle" choice. This lifestyle
choice is reflected in both a reduction of overall size and footprint associated with the average
contemporary home. The primary drivers for the recent popularity of tiny homes are affordability and the
overall cost for maintaining a home. Ultimately, however, it is about having additional choices for housing
types. Some notable long-term housing trends that are encouraging the tiny house movement are as
follows:
• The average home size in the U.S. increased 61% since 1973 to over 2600 square feet. In that
time period the average household size decreased, leading to a 91% increase in home square
footage per inhabitant (1000 SF per person) (source: US Census Bureau).
• The average house in the U.S. uses approximately 17,300 board feet of lumber and 16,000
square feet of other wood products. A 200 square foot tiny house uses only 1,400 board feet of
lumber and 1,275 square feet of additional wood products. The lifetime conditioning costs can
be as low as 7% of a conventionally sized home.
1
• National home ownership fell to 63.7% in 2015, the lowest level in two decades. Increased
housing cost is cited as the main reason for low ownership rate. (source: Joint Center for
Housing Studies (JCHS) at Harvard University)
• The average home in the United States costs approximately $358,000 to build, an increase of
roughly $200,000 since 1998, whereas the average annual income in the United States has
remained unchanged for the last several years, lingering near $52,000. (source: US Census
Bureau)
• The average American spends roughly 27% of their annual income on housing (nearly 11 hours
of every 40 -hour work week). 48% of households making less than $30,000 annually pay more
than half of their income on housing, leaving these households less than $15,000 a year to
purchase food, health care, education, clothing, and anything else. (source: JCHS)
• The cost of new construction for a 200 square foot tiny house can be as low as $35,000. A
typical down payment on an average -sized house is $72,000, more than twice the full cost of a
tiny house (IRC public comment).
• Cities can benefit from tiny house ordinances. With significant need for affordable housing,
cities are hard-pressed to find solutions that quickly expand their low -income housing stock
without burdening an already burdened system. Tiny houses can be quickly installed in
municipalities and set up at little or no cost to the cities (IRC testimony).
With the increase of interest in these unit types, comes a significant amount of inquiry to the County
about if and where people may be able to live in one of these units.
There is no set definition fora tiny home, however they are generally units ranging in size from 200 square
feet to 1,000 square feet. Because of their small size, a typical "tiny" home may be of a dimension that
can be transported (or towed) by a standard full size truck (e.g. Park Model) while a larger unit (generally
ranging from 500 to 1,000 square feet) may be transported on a flatbed trailer or by its own chassis. The
IRC is considering a definition of tiny home as a dwelling 400 square feet or less. Because of the variation
in size and building type, for the purpose of this memo, we have generally characterized and called these
units "Efficiency Homes."
Most Efficiency Homes are manufactured off-site (though they may be on-site stick -built), which generally
offers a level of affordability that may not otherwise be available in a traditional site built home. Even
though, there is a great deal of variation in the costs associated with the units as some pre -fab homes can
rival or exceed a stick -built home. While Efficiency Homes are used for all types of purposes, such as
primary and accessory dwelling units, vacation rentals, artist studios and lodging such as a cabin, the focus
of this memo is to explore the regulations surrounding using these types of units as permanent primary
or accessory dwelling units.
2
Examples of Tiny Houses on Wheels and on a Foundation
III. CURRENT COUNTY REGULATIONS
In reviewing the County's Land Use and Development Code (LUDC) the one location in the code that
precludes the construction or use of an Efficiency Home within the County is the dimensional standard
that requires a dwelling unit to be a minimum 20 feet long by 20 feet wide. Article 15 of the LUDC defines
a Dwelling Unit, Detached as the following:
A single -unit dwelling at least 20 feet wide and 20 feet long, and that meets the Building
Code.
It is generally understood that the 20 feet wide and 20 feet long dimensional requirement was codified in
land use regulations across the country (including Garfield County) for jurisdictions that did not wish to
see the proliferation of single -wide mobile homes in traditional single-family lot subdivisions. This
minimum dimensional requirement was historically seen as a method for preserving home and property
values.
As this definition requires that detached dwelling units be at least 20 feet by 20 feet ("20x20"), the County
currently does not permit any units that do not meet these dimensional requirements. The effect of this
standard is the exclusion of many Efficiency Homes from the County's housing stock as well as single -wide
mobile homes (The most common dimension for a single wide is 15 feet wide by 72 feet long). In addition,
the 20x20 standard requires that a home be at least 400 square feet in size — many "tiny homes" fall below
this threshold. While this requirement still allows for what some would consider "small homes," it does
not allow for what is broadly called a "tiny home." In addition, because dwelling units are currently
required to be 20x20, off-site construction for pre -fabricated units is more difficult and costly since units
are not easily transported in a single component. According to DOT and FHA standards, the maximum
width of a unit can be 8 feet 6 inches before it requires a wide load permit. In general, widths over 15 feet
wide are not allowed without lane closures and more complex permitting requirements for transporting
the unit.
It is important to note that the International Residential Code (IRC), as currently adopted would continue
to be applicable to all dwelling units (tiny, small, Efficiency, McMansion or otherwise) and staff would not
recommend deviating from the adopted IRC as the code generally provides for basic design standards
related to life, health and safety. As such, the IRC requires certain dimensional standards as well as the
provision of specific amenities that would need to be incorporated into any dwelling unit. For example,
the IRC requires the following in order for a structure to be a permitted dwelling unit:
3
• Must have a foundation.
• Must have a kitchen with a sink.
• Must have a toilet, lavatory, and a bathtub/shower and must have running hot and cold water.
• Must be hooked up to a sanitary sewer or approved On-site Wastewater Disposal System.
• The bathroom needs to be a separate room of roughly 5 feet by 5 feet with a door.
• Must have one habitable room of 70 square feet (kitchen may be a part of this room) with a
minimum dimension of 7 feet in any horizontal dimension
• Minimum ceiling height of 7 feet.
• Must have a smoke alarm.
• Any stairs to a second floor sleeping loft must be Code compliant (not just a ladder).
• Must be a heated structure.
It is worth noting, however, that the Code Council is currently considering incorporating an appendix
addressing tiny homes as part of the forthcoming 2018 IRC. The draft of the IRC code appendix defines
Tiny Homes as a dwelling less than 400 square feet and addresses issues such as anchoring, minimum
ceiling heights, habitable room dimensions, lofts, ladders and emergency escape and rescue openings.
Staff would anticipate reviewing this appendix when it is adopted and making a recommendation to the
Board regarding adoption of this appendix.
IV. OTHER JURISDICTIONS' REGULATIONS
Garfield County is not alone in examining its regulatory structure as it relates to permitting Efficiency
Homes. Other jurisdictions have similar regulations though most have historically had minimum dwelling
unit sizes. A few examples of jurisdictions that have moved to allow/permit some form of tiny houses are
outlined as follows:
• Washington County, Utah (St. George).
The minimum home size of 800 square feet was removed. All units must be on a foundation,
hooked up to utilities, and meet the building code. Considered RV if on wheels.
• Town of Spur, Texas.
No minimum house size. All units must be on a foundation, have a flush toilet, and receive a permit
for electrical and structural safety. Considered RV if on wheels.
• Chaffee County, Colorado.
No minimum house size. All units must be on a foundation, have water and sewer, and meet the
building code. Considered RV if on wheels.
• City of Salida, Colorado.
Permitted in limited zone districts with a Conditional Use Permit. All units must be on a
foundation, hooked up to utilities, and meet building code. Considered RV if on wheels.
V. WAYS TO PERMIT EFFICIENCY HOMES IN THE LAND USE AND DEVELOPMENT CODE
Should the Board wish to allow for Efficiency Homes in unincorporated Garfield County, the simplest
approach would be to modify the dimensional size requirements (20x20) for a dwelling unit. Removing
4
Table 3-403: Use Table
/P/ B Rs • ht /A/ Administrative Review /LI Limited impact Review /M/ Major Impact Review 101 Exempt from County Review and Standards
that requirement would result in the following changes to Article 15 of the Land Use and Development
Code:
Dwelling Unit, Detached. A single -unit dwelling Ott /cost 20 f
that meets the Building Code.
It is worth noting that modifying this dimensional standard would allow for a wide array of
different types of homes, ranging from the architecturally pleasing modern pre -fab home to a
single wide mobile home, so long as the unit met the IRC or were an otherwise approved HUD/CO.
Division of Housing structure. If this modification was made to the definition of a dwelling unit,
these types of units would be allowed in all residential and commercial zone districts and most
other zone districts within the County, as provided in Article 3 of the Land Use and Development
Code.
Use Category
Use Type
Residential
Districts
Nonresidential
Districts
Resource Land
Zone Districts
R IRS
RU
RM
HP
CL
CG
P
RL RL
ESIDENTIAL USES
Dwelling, Single -Unit (per legal lot)
Unless exempted, all
uses must comply with
Article 7 Standards
including Use -Specific
Standards.
P P ■
p
P
VI. STAFF ANALYSIS — LUDC CRITERIA FOR A TEXT AMENDMENT
Section 4-114 outlines the procedures and criteria for consideration of a Land Use Code Text Amendment
request to the LUDC. The criteria for approval of a Land Use Code Text Amendment are as follows:
1. The proposed text amendment is in compliance with any applicable intergovernmental
agreements; and
There are no intergovernmental agreements impacted by the proposed text amendment.
2. The proposed text amendment does not conflict with State law.
The proposed text amendments do not conflict with State law.
VII. REFERRAL COMMENTS
Public Notice has been accomplished as required by the LUDC. No public comments were received as a
result of the public notice. Referral Comments received on the Application are attached as Exhibits and
summarized below:
City of Rifle: No Comments or Concerns (Exhibit 8)
Gypsum Fire Protection District: No Concerns as long as units comply with Building Code (Exhibit
7)
5
Glenwood Springs Fire Department: No objection to proposal (Exhibit 9)
Garfield County Public Health: No issues with the proposal as long as units comply with Onsite
Wastewater Treatment System (OWTS) standards, have adequate drinking water and meet the
requirements of the International Residential Code (IRC) (Exhibit 10)
No comments were received from the following referral agencies: Garfield County Environmental Health,
Town of Carbondale, City of Glenwood Springs, Town of New Castle, Town of Silt, Town of Parachute,
Carbondale and Rural Fire Protection District, Colorado River Fire Rescue, DeBeque Fire Department,
Grand Valley Fire Protection District, RE -1 School District, RE -2 School District, and School District 16.
VIII. STAFF RECOMMENDATION
With the continued interest in Efficiency Homes paired with the County's ongoing problem of affordable
and attainable housing, Staff sees two options for consideration. Either:
• Maintain current regulations to require a dwelling unit to be at least 20 feet by 20 feet in size, or
• Remove (or otherwise modify) the dimensional requirements of 20 feet by 20 feet. Should this
dimensional requirement be removed or modified, the Board should consider if additional
standards such as site design, unit design, minimum unit size or others may be appropriate. As
well as if dwelling units should be an allowable use (with or without review) within the industrial
zone district.
It is Staff's opinion that the minimum size requirement of 20' by 20' should be removed from the definition
of Dwelling Unit, Detached. Removing that requirement would result in the following changes to Article
15 of the Land Use and Development Code:
Dwelling Unit, Detached. A single -unit dwelling
that meets the Building Code.
e • -
It is Staffs opinion that removing this minimum requirement will allow for more creative options
for housing within Garfield County. This amendment should not be viewed, however, as an
amendment that will singly "fix" the housing affordability issues in the County as a tiny home may
not be any less expensive than a stick built home, but will rather add to the tool kit of options to
address this problem. In addition, it is worth noting that while such an amendment could allow
Efficiency Homes to be used for either a Primary or Accessory Dwelling Unit on a parcel, such an
amendment will not change the overall density requirements for dwelling units within any zone
district in the County.
6
IX. RECOMMENDED FINDINGS
1. The proposed text amendment is in compliance with any applicable intergovernmental
agreements.
2. The proposed text amendment does not conflict with State Law.
7
EXHIBIT
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
❑ My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the
day of 20 .
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
• Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
Notice was published on the day of hPL/444 , 20 ).
• Please attach proof of publication in the Rifle Citizen Telegra?
0 My application required Posting of Notice.
Notice was posted on the day of
, 20 .
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above
information is true and accurate.
Name: Do, v e'ai Preei) 'rei 5/a
Signature�t
,
Date: IZI",4sc/c.9� O/
Ad Name: 12609593A
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
THE RIFLE
CITIZEN TELEGRAM
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Randy Essex, do solemnly swear that I am Publisher
of The Rhe Citizen Telegram, that the same weekly
newspaper printed, in whole or in part and published
in the County of Garfield, State of Colorado, and has
a general circulation therein; that said newspaper has
been published continuously and uninterruptedly in
said County of Garfield for a period of more than fifty-
two consecutive weeks next prior to the first publication
of the annexed legal notice or advertisement; that said
newspaper has been admitted to the United States
mails as a periodical under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that
said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
2/9/2017 and that the last publication of said notice was
dated 2/9/2017 the issue of said newspaper.
In witness whereof, I have here unto set my hand this
02/17/2017.
Randy Essex, Publisher
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 02/17/2017. (�
4& T JA -4.44111
Pamela J. Schultz, Notary Public
My Commission expires:
November 1, 2019
rr-AME s .SC,H1,LTZ
NOTARY F'I:61.ic
STATE OF COL QR.•E)u
NOTAR Y Ii i a r,09403;;5:.?!,.
lay (r Xrviayi;h!EXpBPSNQA.nOer1,201a
PUBLIC NOTICE
TAKE NOTICE that the Board of County Commis-
sioners Is proposing certain amendments to the
Text of the Garfield Counly 2013 Land Use and
Development Code, as amended. The Garfield
County Board of County Cemmiasidners will can•
cider amendments io Article 15: Datinitione for a
"Dwelling Unit, Detached" in a noticed public
hearing.
All persons affected by the proposed amendments
are invited to appear and slate their elew0, pro.
tests or support. if you cannot appear personally at
such hearing, Then you are urged to state your
views by leiter, as the Board of County Commis-
sioners will give consideration to the comments in
deciding vrtiel.her to approve the proposed
amendments. The draft amendments may be re-
viewed at the office of the Community Develop-
mentiocated 81 108 Bih Street, 4th Floor, Garfield
County Administration Building, Glenwood Springs,
Colorado belWeen the hours 8f 8:30 a.m. and 5:00
p.m., Monday Ihreugh Friday.
The public hearing rias been scheduled for March
20, 2017 at 1:00 PM which will be held in the
County Commissioners Meeting Room, Garfield
County Administration Building, 108 8th Street,
Glenwood Springs, Cdoradtl.
Published in the Citizen Telegram February 9,
2017, (12609593)
0
a.
a
EXHIBIT
z
David Pesnichak
From: Justin Kirkland <Justin@gypsumfd.com>
Sent: Tuesday, January 17, 2017 1:37 PM
To: David Pesnichak
Subject: TXTP-01-17-8511
To whom it may concern re: TXTP-01-17-8511
As long at the ICC codes are followed then we have no concerns.
Justin Kirkland
Fire Chief
Gypsum Fire Protection District
511 Second Street /PO Box 243
Gypsum, CO 81637
970-524-7101 ext. 15
EXHIBIT
PRIVILEGED COMMUNICATION. This email may contain privileged and confidential information intended only for the use of the individual or entity named above.
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1
David Pesnichak
From: Nathan Lindquist <nlindquist@rifleco.org>
Sent: Tuesday, January 17, 2017 10:34 AM
To: David Pesnichak
Subject: RE: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
EXHIBIT
,2
Thanks Dave,
I don't have any comments but will be curious what you end up with. We don't have any specific standards and have
told people as long as they can meet building code standards (which tends to need at least a minimum square footage of
300-400 sq ft) they are good.
From: David Pesnichak [mailto:dpesnichak@garfield-county.com]
Sent: Tuesday, January 17, 2017 10:20 AM
To: Kelly Cave; Morgan Hill; Yvonne Long; jbuck@carbondaleco.net; Tim Cain; jaluise@townofsilt.org; Nathan Lindquist;
Stuart McArthur; Gretchen E Ricehill; leach@carbondalefire.org; orrin.moon@crfr.us; firechief@debequefire.org;
rbiggers@ci.glenwood-springs.co.us; opschief@gvfpd.org; justin@gypsumfd.com; pelland@rfschools.com;
cjay@garfieldre2.org; khaptonstall@garfieldre16.org
Subject: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
Hello,
The Garfield County Community Development Department has received direction from the Garfield County
Board of County Commissioners to pursue a Text Amendment to the County Land Use and Development Code (LUDC) to
accommodate Tiny Homes (aka "Efficiency Homes") within Unincorporated Garfield County. The proposal is to amend
the definition for a Dwelling Unit, Detached to remove the provision that the unit have dimensions of at least 20' x 20'.
The proposal is to continue to require that the units meet all applicable building code requirements for a residential
dwelling unit. Attached is the Referral Form regarding this application. Please open and read it for instructions on
accessing a digital version of the application. Your comments are an important part of the evaluation process. In order
to review all appropriate agency comments and incorporate them into the staff report, we request your response by
Wednesday February 15, 2017.
The first Public Hearing on this proposal is scheduled before the Garfield County Planning Commission on Wednesday
March 8, 2017 at 6.00PM at the County Administration Building, First Floor. The Public Hearing with the Board of County
Commissioners has been subsequently scheduled for Monday March 20, 2017 at 1.00PM at the County Administration
Building, First Floor.
To access the application, go to: http://records.garfield-
county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch
Search for "Permit Number (File No.)": TXTP-01-17-8511
Thank You!
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
1
David Pesnichak
From: Ron Biggers <ron.biggers@cogs.us>
Sent: Thursday, January 26, 2017 11:05 AM
To: David Pesnichak
Subject: RE: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
EXHIBIT
Dave,
I do not object to amending the 20x20 size to accommodate tiny homes in unincorporated Garfield County.
If they are put in clusters will we get to comment on their plan to be sure they meet emergency vehicle access, fire flow
and possibly wildfire mitigation needs?
Ron Biggers
Deputy Fire Marshal
Glenwood Springs Fire Department
Fire Sprinklers Save Lives!!!
970-384-6433
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From: David Pesnichak [mailto:dpesnichak@garfield-county.com]
Sent: Tuesday, January 17, 2017 10:20 AM
To: Kelly Cave <kcave@garfield-county.com>; Morgan Hill <mhill@garfield-county.com>; Yvonne Long <ylong@garfield-
county.com>; jbuck@carbondaleco.net; Tim Cain <timc@newcastlecolorado.org>; jaluise@townofsilt.org;
nlindquist@rifleco.org; Stuart McArthur <StuartMC@parachutecolorado.com>; Gretchen E Ricehill
<gretchen.ricehill@cogs.us>; leach@carbondalefire.org; orrin.moon@crfr.us; firechief@debequefire.org; Ron Biggers
<ron.biggers@cogs.us>; opschief@gvfpd.org; justin@gypsumfd.com; pelland@rfschools.com; cjay@garfieldre2.org;
khaptonstall@garfieldre16.org
Subject: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
Hello,
The Garfield County Community Development Department has received direction from the Garfield County
Board of County Commissioners to pursue a Text Amendment to the County Land Use and Development Code (LUDC) to
accommodate Tiny Homes (aka "Efficiency Homes") within Unincorporated Garfield County. The proposal is to amend
the definition for a Dwelling Unit, Detached to remove the provision that the unit have dimensions of at least 20' x 20'.
The proposal is to continue to require that the units meet all applicable building code requirements for a residential
dwelling unit. Attached is the Referral Form regarding this application. Please open and read it for instructions on
accessing a digital version of the application. Your comments are an important part of the evaluation process. In order
to review all appropriate agency comments and incorporate them into the staff report, we request your response by
Wednesday February 15, 2017.
1
Garfield County
195 W 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: David Pesnichak
February 22, 2017
Hello David,
Public Health
Health
EXHIBIT
id
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
I have reviewed the application for a Code Text Amendment to Article 15 definitions of a
Detached Dwelling Unit to allow for Tiny Homes, or "Efficiency Homes" in Garfield County land
use code. Garfield County Public Health supports removing the dimensional requirements of 20
feet by 20 feet from the definition of "dwelling unit" so that Tiny Homes can be permitted in
unincorporated Garfield County. There are multiple benefits of Tiny Homes as an affordable
and environmentally friendly housing option. As mentioned in the Staff Memo, these homes use
less materials to produce and have a reduced footprint; and use less energy to heat and cool.
We also support maintaining the requirements of the International Residential Code (IRC) in the
design and operation of these units, particularly those that have an environmental health
component:
- They must have a sanitary sewer or onsite wastewater treatment system (OWTS)
connection and have a full bathroom with a toilet and sink that supplies both hot and cold
water; and
- Meet the County's drinking water requirements and have conducted a water quality test
that includes a suite of compounds at least as robust as those offered under the "Deluxe
Colorado Package" offered by the Colorado Department of Public Health and
Environment Laboratory Services Division.
When these homes also have a connection with the ground and are not suspended on a trailer,
Public Health also recommends testing the home for radon to reduce the risk of lung cancer.
Thank you,
g „ %M MY`
Morgan Hill
Environmental Health Specialist III
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
Garfield County Public Health Department — working to promote health and prevent disease
EXHIBIT
II /
David Pesnichak
From: Andy Schwaller
Sent: Monday, March 06, 2017 11:04 AM
To: David Pesnichak
Subject: Tiny Homes
Attachments: App. Tiny.pdf
David,
Sorry to miss the Tiny Home Party. In a nut shell, tiny homes will need to meet the building code. The addition of
Appendix V to the IRC will address the small sleeping lofts and the ladders to get into the lofts. Provisions that have
been in use with the RV are going to be adapted to the tiny homes to provide for a safe option of utilizing these
structures. See Attached.
At the end of the day, the units will meet the building code for foundation, electrical service, sanitation, structural
provisions and non-structural provisions. They could come in on an axle, but mounted on a more permanent foundation
with a form of tie downs to the earth. They could have a composting toilet but will need to meet the state and county
standards for OWTS.
Let me know if you have any questions.
Andy
1
l
Public Comment RB168-16 MORRISON 1
Proponent : Andrew Morrison, representing Tiny House Enterprises, LLC (Andrew@TinyHouseBuild.com); Martin
Hammer, representing Martin Hammer, architect (mfhammer@pacbell.net); Chris Keefe, representing
OrganicForms Design (chris@organicformsdesign.com); Brandon Marshall, representing FOG Studio
(brandon@fogprojects.com); Gabriella Morrison, representing Tiny House Enterprises, LLC
(Gabriella@TinyHouseBuild.com); James Herndon, representing self (jamesmherndon@gmail.com); Tiffany
Redding, representing FOG Studio (tiffany@fogprojects.com); Nabil Taha, representing Precision Structural
Engineering, Inc. (bill@structurel.com) requests Approve as Modified by this Public Comment.
Replace Proposal as Follows:
2015 International Residential Code
APPENDIX V TINY HOUSES
CHAPTER PART AV101— GENERAL
AV101.1 Scope. This appendix shall be applicable to tiny houses used as single dwelling units. Tinv houses shall comply
with this code except as otherwise stated in this appendix.
CHAPTER PART AV102— DFANrfIONS
AV102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein.
Refer to Chapter 2 of this code for general definitions.
EGRESS ROOF ACCESS WINDOW. A skylight or roof window designed and installed to satisfy the emergency escape and
rescue opening reauirernen s in Section R310.2.
LANDING PLATFORM. A landing provided as the ton step of a stairway accessing a loft.
LOFT. A floor level located mgre than 30 inches (762 mm) above the main floor and open to it on at least one side with a
ceiling height of less than 6 feet 8 inches (2032 mm), used as a living or sleeping space.
TINY HOUSE. A dwelling that is 400 square feet (37 m?) or less in floor area excluding lofts.
CHAPTER PART AV103— CEILING HEIGHT
AV103.1 Minimum ceiling height. Habitable space and hallways in tiny houses shall have a ceiling height of not less than
6 feet 8 inches (2032 mm). Bathrooms, toilet rooms, and kitchens shall have a ceiling height of not less than 6 feet 4 inches
(1930 mm). Obstructions shall not extend below these minimum ceiling heights including beams, girders. ducts, lighting
and other obstructions.
Exception: Ceiling heights in lofts are permitted to be less than 6 feet 8 inches (,032 mrn)•
CHAPTER PART AV104— LOFTS
AV104.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and
dimension requirements of Sections AV104.1.1 through AV104.1.3.
AV104.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2),
AV104.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension.
AV104.1.3 Height effect on loft area. Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm) from the
finished floor tg the finished ceiling shall not be considered as contributing to the minimum required area for the loft.
Exception: Linder gable roofs with a minimum slope of 6:12,_portions of a loft with a sloping ceiling measuring less than 16
inches (406 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required
area for the loft.
AV104.2 Loft access. The access to and primary egress from lofts shall he any type described in Sections AV104,2.1
through AV104.2.4.
AV104.2.1 Stairways. Stairways accessing lofts shall comply with this code or with Sections AV104.2.1.1 through
AV104.2.1.5.
AV104.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the
handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm).
AV104.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than 6 feet 2 inches (1880 mm), as
measured vertically, from a sloped line connectins the tread or landing platform nosinss in the middle of their width.
AV104.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7 inches (178 mm) and not more
than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following
formulas:
1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or
2. The riser height shall be 15 inches (381 mm) minus 314 of the tread depth.
AV104.2.1.4 Landing platforms. The top tread and riser of stairways accessing lofts shall be constructed as a landing
platform where the loft ceiling height is less than 6 feet 2 inches (1880 mml where the stairway meets the loft. The landing
platform shall be 18 inches to 22 inches (457 to 559 mm) in depth measured from the nosing of the landing platform to the
edge of the loft, and 16 to 18 inches (406 to 457 mm) in height measured from the landing platform to the loft floor.
AV104.2.1.5 Handrails. Handrails shall comply with Section R311.7.8.
AV104.2.1.6 Stairway guards. Guards at open sides of stairways shall cnn-iply with Section R312.1.
AV104.2.2 Ladders. Ladders accessing lefts shall comply with Sections AV104.2.1 and AV104.2.2.
AV104.2.2.1. Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305
Rim) and 10 inches (254 mm) to 14 inches (356 mm) spacing between rungs. Ladders shall be capable of supporting a 200
pound (75 kg) load on any rung. Rung spacing shall be uniform withi0 318 -inch (9.5 mm).
AV104.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal.
AV104.2.3 Alternating tread devices. Alternating treatd devices accessinglofts shall comply with Sections R311.7.11.1
and R311.7.11.2. The clear width at and below the handrails shall be not less than 20 inches (508 mm).
AV104.2.4 Ships ladders. Ships ladders accessing lofts shall comply with Sections R311.7.12.1 and R311.7.12.2. The
clear width at and below handrails shalt be not less than 20 inches (508 mm).
AV104.2.5 Loft Guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than
36 inche,J914 mm1 in height or one-half of the clear height to the ceiling, whichever is less.
CHAPTER PART AV105— EMERGENCY ESCAPE AND RESCUE OPENINGS
AV105.1 General. Tiny houses shall meet the requirements of Section R310 for emergency escape and rescue openings.
Exception: Egress roof access windows in lofts used ae sleeping rooms shall he deemed to meet thre requirements of
Section R310 where installed such that the bottom of the opening is not more than 44 inches (1118 mm) above the
loft floor. provided the egress roof access window complies with the minimum opening area requirements of Section
R310.2.1.
Commenter's Reason: During the Committee Action Hearings in Kentucky, IRC Committee members explained their disapproval of RB168-16, but
also their support for addressing the issue of small houses. In the published reasons the Committee stated "The issue of small houses and apartments
is important," and that "The IRC needs to address them in some fashion." They encouraged further development of the proposal, stating "There needs
to be a more comprehensive approach", and that "The concept of smaller houses may be more suited for an appendix."
This Public Comment follow s the Committee's advice by replacing the original piecemeal proposal w ith a proposed appendix that takes a "more
comprehensive approach". It also reduces the 500 square foot threshold for "small houses" in the original proposal to the w idely accepted threshold
of 400 square feet for "tiny houses". At that smaller size there is increased difficulty in meeting certain dimensional requirements of the IRC; how ever,
through years of practice by tiny house advocates and years of extensive use of comparably sized "recreational park vehicles" governed by ANSI
A119.5, safe alternative dimensions and other requirements have been established that are included in the proposed appendix.
In the published reasons the Corrmittee finally rioted that "Small houses are a growing concern, [and] the demand for them is increasing." The reasons
for that growing demand are both environmental and financial in nature. Below are statistics illustrating problematic housing trends, the environmental
impacts of construction, the cost of home ownership, and how tiny houses can be a part of the solution. That is followed by specific reasons for the
code language in the proposed appendix.
• The average home size in the U.S. increased 61% since 1973 to over 2600 square feet. In that time period the average household size
decreased, leading to a 91% increase in horse square footage per inhabitant (1000 SF per person) (source: US Census Bureau).
▪ The average house in the U.S. uses approximately 17,300 board feet of lumber and 16,000 square feet of other wood products. A 200
square foot tiny house uses only 1,400 board feet of lumber and 1,275 square feet of additional w ood products. The lifetime conditioning
costs can be as low as 7% of a conventionally sized home.
. United States Green Building Council (USGBC), the California Energy Commission (CEC), and other entities are working hard to increase
energy efficiency in the construction industry. This is a great start, however a reduction in home size is the easiest w ay to lower energy
consumption.
• National home ow nership fell to 63.7% in 2015, the low est level in tw o decades. Increased housing cost is cited as the main reason for low
ownership rate. (source: Joint Center for Housing Studies (JCHS) at Harvard University)
▪ The average home in the United States costs approximately $358,000 to build, an increase of roughly $200,000 since 1998, w hereas the
average annual income in the United States has remained unchanged for the last several years, lingering near $52,000. (source: US Census
Bureau)
. The average American spends roughly 27% of their annual income on housing (nearly 11 hours of every 40 -hour workweek). 48% of
households making less than $30,000 annually pay more than half of their income on housing, leaving these households less than $15,000 a
year to purchase food, health care, education, clothing, and anything else. (source: JCHS)
• The cost of new construction for a 200 square foot tiny house can be as low as $35,000. A typical dow n payment on an average -sized
house is $72,000, more than tw ice the full cost of a tiny house.
. Cities benefit from tiny house ordinances. With significant need for affordable housing, cities are hard-pressed to find solutions that quickly
expand their low-income housing stock w ithout burdening an already burdened system Tiny houses can be quickly installed in municipalities
and set up at little or no cost to the cities.
• Although not addressed in the proposed code language of this public comment, it is important to recognize the need for codes pertaining
specifically to movable tiny houses. For some people, homeow nership is heavily impacted by the cost of land and even the construction of a
fixed tiny house becomes unattainable. For those individuals, the presence of movable tiny houses in the building code may create their only
path to home ow nership. The flexibility of a movable tiny house allow s individuals to locate their homes in areas of community living or on
ancillary home sites, w ithout the burdensome cost of a single-family lot. It also allows them to take their home w ith them should they need to
relocate, thus eliminating many typical costs of moving.
Tiny houses can play an important role in rrinirrizing the environmental impacts of housing w hile providing safe and healthy homes at affordable
prices. Pride of ownership improves neighborhoods and community morale. Tiny houses enable more people to become homeowners and contribute
to their communities.
REASONS FOR DEFINITIONS:
EGRESS ROOF ACCESS WINDOW. Most manufacturers use this term for their skylights and roof windows that are designed to satisfy the
dimensional requirements of emergency escape and rescue openings in U.S. building codes.
LANDING PLATFORM: Landing plattorrns have been demonstrated in practice to allow for the safe transition betw een stairw ays and lofts. (See
photos)
LOFT. This definition is a modified version of the definition of loft area in Section 1-3 of ANSI A119.5 Recreational Park Trailer Standard.
TINY HOUSE This definition is based on the w idely accepted maximum square footage for tiny houses in the construction industry.
REASONS PER SECTION:
AV103. CEILING HEIGHT: The minimum ceiling height for non -loft habitable spaces in this proposed appendix is 6 feet 8 inches. Though low er than
the 7 foot minimum for habitable spaces in the IRC, it is higher than the minimum of 6 feet 6 inches in Section 5-3.5.4 of ANSI A119.5 Recreational Park
Trailer Standard, that has proven to provide safe and adequate head room during the extended occupancy of recreational park trailers.
AV104 LOFT: Tiny houses have considerably smaller footprints and building height than conventional houses. As such, lofts are essential to
maximize the use of space in tiny houses and make them viable shelter for many individuals and families.
It is cormion know ledge to many building inspectors that spaces labeled "non -habitable storage" in dwellings of all sizes are sometimes used for
sleeping or other habitable purposes once the final inspection is complete. Rather than being unable to enforce a falsely stated use, building
departments could regulate the health and safety of those spaces for their intended use w ith the proposed appendix, ensuring health and safety w ith
minimum loft dimensions, requirements for access and egress, and proper emergency escape and rescue openings.
MINIMUM AREA and MINIMUM DIMENSIONS: Lofts in tiny houses are small by necessity; however, minimum dimensions are required for lofts used
as a living or sleeping space, so as to not impose a risk to occupant health and safety.
HEIGHT EFFECT ON LOFT AREA: For most roof designs in tiny houses, a minimum ceiling height of 3 feet has proven adequate in sleeping lofts for
consideration of their required floor area. For gable roofs with moderate to high slopes, the slope has an aggressive impact on the loss of ceiling
height but makes up for it w ith higher areas under the ridge. Thus lofts under gable roofs w ith a minimum 6:12 slope have a lesser minimum ceiling
height w hen calculating their required floor area.
STAIRWAY WIDTH: These dimensional requirements are identical to those in Section 5-10.4.1.1 of ASNI A119.5. This provision is considered and
proven safe for extended occupancy of recreational park trailers.
STAIRWAY HEADROOM: Because tiny houses are limited in square footage and height, IRC compliant head heights for stairs serving lofts are often
not achievable. Therefore the stair headroom requirement has been reasonably reduced to 6 feet 2 inches.
STAIRWAY TREAD/RISER: This is identical to the requirements for treads/risers in Section 5-10.4.1.1 of ANSI A119.5. This provision is considered
and proven safe for extended occupancy of recreational park trailers.
LANDING PLATFORMS: Landing platforms have been demonstrated in practice to allow for the safe transition betw een stairw ays and lofts. The
required range of dimensions allow for a simple transition betw een standing and kneeling w hen entering or exiting the loft. (See photos)
LADDERS: This is identical to the requirements for ladders in Section 5-10.5 of ANSI A119.5. This provision is considered and proven safe for
extended occupancy of recreational park trailers.
ALTERNATING TREAD DEVICES: Alternating tread devices as described in the IRC, are allowed to provide access to and egress from lofts.
SHIPS LADDERS: Ships ladders as described in the IRC, are allow ed to provide access to and egress from lofts.
LOFT GUARDS: The height requirement for loft guards is identical to that for guardrails in Section 5-10.7 of ANSI A119.5.
AV105 EMERGENCY ESCAPE AND RESCUE Due to the considerably smaller footprints of tiny houses, ceiling heights in sleeping lofts therein are
often necessarily low er than minimum ceiling heights required by the IRC for sleeping rooms in larger houses. Egress roof access windows (w hich
are specifically designed to meet the dimensional requirements of emergency escape and rescue openings) can be installed w ith their openings
w ithin 44 inches of the loft floor, thus meeting the requirements of Section R310 w hen w all mounted windows meeting these requirements are not
possible.
Bibliography: ANSI A119.5 Recreational Park Trailer Standard 2009 Edition