Thursday, November 14, 2019

A Membrane Structure versus a Tent as per the ICC or International Code Council: The case of the lady living in a Yurt in Canada

So this video of a lady living in a yurt in Canada caused quite the scandal!

She notes that if she doesn't get a permit soon then she'll be kicked out - after living there for two years as her home. She says a neighbor complained. This spurred a rash of close to 1000 comments pleading for her ability to live in Nature without bothering anyone as well as people insisting that she NEEDS to follow the law for the  sake of health safety and equity, etc.

So I last posted on this issue in regards to a "Tent"-cabin or "tent"-hut - and many people commented that they did not understand how such a structure was actually a tent. The owner insisted that a "canvas" covered structure did not need a permit (even though the people lived their permanently as it was on their family property with a permitted house).

So upon researching this issue - as one person commented that in the US a Yurt Dweller simply takes down their Yurt for one day a year and puts it back up - thereby maintaining a "temporary" building status. And so my understanding then is that they can get a "temporary structure" permit as a conditional use permit - to live there year round.

So here is an example of how such "temporary" structures are permitted:



 Notice that it has to be unoccupied to stay up for a year. The seasonal limit is for six months.

So notice the seasonal limit does not apply to tents nor to "Membrane structures" like a yurt.

This pdf explains the specific differences between a Tent and a Membrane Structure as per the ICC or international code council.

So once again:



If it is only occasional recreational use for camping then no permit is needed. Also if it is smaller - then no permit is needed (but notice this also means unoccupied as more than occasionally).

So clearly this means that for a membrane structure to get approval as a temporary structure that is occupied - then it has to be a "special" conditional use permit that is renewed annually.

he has had his framed canvas tent up for over 10 years and uses it in all seasons.
So this is for Minnesota - if it is bigger than 150 square feet than most likely it technically needs a temporary use permit. At least in my county in Minnesota. So it's quite likely that he is bending the rules - as he has a framed "membrane structure" - instead of a tent - and he keeps it up year round. Actually since it is less than 400 square feet - that is similar to a Mobile RV structure - so that probably applies as well for yurts (as mobile houses are allowed if less than 400 square feet). Meaning you can keep them up year round. So even though it's not explicit - a membrane structure should get similar treatment (as per the above example).

So that means even though my Hermit Hut may technically be considered more of a "membrane structure" than a tent - it still would not need a permit (as long as it is recreational use for not more than six months a year).

Many states, provinces and countries currently use the ICC (International Code Council) code books. These books consist of the commercial International Building Code (IBC) and the International Residential Code (IRC). There are also sub-codes, such as the International Energy Conservation Code, which adds to and modifies the general code books.
Section 104 of the 2003 IBC (commercial code) states ;  The duties of building officials is the same in the commercial and residential codes; Section 3102 on Membrane Structures exists only in the commercial code; it defines the category for the residential code as well; It also defines fabric yurt as "membrane covered frame structure."
https://rainieroutdoor.com/blog/yurt-info/codes-and-regulations/

If your yurt is being set up as temporary structure, for six months or less, the requirements codes and regulations for yurt construction are much more flexible.

So again based on the comment on the video about Beige - the comment implies that if a person simply TAKES DOWN their yurt for one day a year -  then they can "restart" the six month temporary structure process for another six months! (so I guess that would mean taking it down TWICE a year)....

Clearly that goes against the "intent" of the law. Maybe people are doing "that" but if held up to scrutiny it would not be allowed. https://www.huffingtonpost.ca/2014/02/24/yurt-living-okanagan-permit_n_4849764.html

The Wards' yurt needs to pass an engineer's test that it's strong enough to support snow, and also that it contains adequate insulation, plumbing and a septic system, said Laura Walton, a district building inspection services supervisor.
The second yurt, which is not being lived in, only requires a building permit.
Jill Ward told CBC it would cost $50,000 to build a foundation and septic field for their yurt, which has a composting toilet.
https://www.yurtinfo.org/

So essentially the yurt has to get permitted like any other building residential structure! drag.

Amazingly the "tent-cabin" example got lucky. Whether the local code person decides something is a "tent" or a "membrane structure" is pretty much entirely up to them!!

https://www.yurtforum.com/forums/

https://www.yurtforum.com/forums/building-a-yurt-f3/permitting-a-yurt-67.html

8 pages and "sticky" highlighted thread!

Not all yurt companies are aiming toward a permit-able yurt.
In our case, the yurt is not going to be a residence and we're building it in a way that allows it to fall into a "recreational" category. Basically this means no permanent services, like water, gas, electricity, sewer, etc. This is fine for us but doesn't suit everyone's needs.
A tent has framework but not an infrastructure that meets residential codes, which yurt frames do. A yurt is simply covered with a softer material than typical residences. And it is a tension structure, which is a whole other ball of wax.

My advice is to not ever let someone call a tent a yurt without correcting that statement. Otherwise you're perpetuating a false impression of yurts and adding fuel to the anti-yurt fire.

An anti-tent clause should not affect a yurt whatsoever. We have fought it in Hawaii with very little effort. Foundations are the key: Is your foundation permanent? Is it to local codes? The yurt, if it is made by a reputable manufacturer who has their engineering in order, should be the easy part.
We permit regularly here on the Big Island of Hawaii. I had to fight for it and it seems we get challenged every few years, but if you go with a manufacturer that has all their engineering in order, you should be fine. They need to say where it doesn't meet code, then you need to prove it does.

Colorado Yurts

has also permitted in various places.
I just got a brochure from Ouray County in Colorado about Yurt Permitting.

To date, no yurts have been permitted as single-family dwellings, in compliance with county building and energy codes.

They are allowed as 'Temporary Structures for Non-Commercial Camping'.

That means a short duration (less than 30 days) when (a) no fees (except a trespass fee for hunting or fishing or an outfitters fee) is paid or charged for occupancy, (b) occupancy is in conformance with State or Federal regulations, (c) written permission from the owner of the land has been obtained, (d) no permanent structure is installed and no permanent changes are made to the land, (e) and adequate sanitation is available.
A yurt is the very definition of tent. Fabric over framework, tied with rope. Moveable, and not attached to a concrete foundation. A shed can be built identical to a house, but, because it sits on top of the ground, and isn't being used as a primary residence, it is not necessary to permit.
They said most people seemed to just put up yurts as "temporary structures" or as "non-residential structures" on land with residence already built.
Pacific Yurts rep told us about one situation in which the chief inspector decided to make it his personal mission to ensure that a customer could not put up a residential yurt.
 We are new to this, but in our experience in Upstate NY, a yurt can be to code. We were "found" by the code guy and he wasn't happy, but willing to work with us. In this county as soon as you sleep in a building, it's a residence and needs to meet code. Our yurt is on a deck. We needed a permit to build the deck, build the yurt, put in septic (which we didn't want but now have to have), and for the wood stove. Once we apply for permits we can get approved and move forward. Here's what we have learned, if it's helpful.

The deck has it's own codes to follow - railings, joist hangers, etc.

The yurt was to code, we have the snow load winter pakacge from Colorado yurt COmpany and that meets code here. CO sent the architect stamped plans quickly and we could send these to the code guy.

We cannot have small propane tanks for anything - we have a small heater for a shower, and for our stove. We have to get a bigger one from a standard company to meet code.


Insulation

in a yurt is not to code, but our guy overlooked this. He actually read something from the NYS code book that residences must be kept at 64 degrees or above at all times! (ha)

We can't have grey water, have to have septic even though we have no plumbed toilet.

We can have a composting toiler if it's a commercial model (eg. Sunmar)

Wood stove pipe has to be 3' taller than height of roof.

Any water in - we are collecting rainwater - has to be potable at the tap.
 To do something under the guise of 'temporary' works for many, but leaves you open to the county being able to come in and either demand it be taken down, facing fines, or begin permitting it. The best bet is always going to be to know the counties stance on it. If they don't have a stance, then get the yurt and it's foundation drafted by a licensed, local architect and pay a professional to start routing it. That goes far. *edited to add* OR, wing it and if they come and make you take it down, well, easy enough. Heartbreaking in many cases though.
 Fascinating!!

So once again - BECAUSE my structure is 120 square feet then it is under the permitting standard.

 Remember, in MOST jurisdictions the only thing the authorities can do if you don’t get a structure permitted is to refuse to allow the power company to hook power to your yurt.
 http://www.juicymaters.com/2010/10/can-a-yurt-be-built-legally-as-a-primary-residence/

Really? I think they can KICK YOU OFF YOUR OWN LAND?

Where I live, in addition to permitting issues, the health department has to sign off on your septic plans before you can get power.
 Yes - that's correct in Minnesota also. So you're saying if I do not want power and so also have no septic than the government can NOT kick me off my own land?!

In some cases the yurt has been considered a temporary structure, while in others it has been considered a permanent or semi-permanent structure. The yurt is often classified as an auxiliary building, studio or recreational structure.
https://www.yurts.com/faqs/#building-codes


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