'Tiny home' construction now codified in California ordinance

In this August 2017 photo, Michael Garrison stands on the porch of his "tiny house" in California. The 200-square-foot home is compact, but with the necessities, including kitchen and bathroom facilities.
In this August 2017 photo, Michael Garrison stands on the porch of his "tiny house" in California. The 200-square-foot home is compact, but with the necessities, including kitchen and bathroom facilities.

Tiny homes, the pint-sized dwellings popularized by shows like A&E's "Tiny House Nation," now have codified rules if built in California.

A new ordinance, passed at this month's Board of Aldermen meeting, establishes a building code for the construction and placement of "tiny homes" within California's city limits. The board had previously discussed such an ordinance at May's meeting, and an ordinance was drafted and approved within a month to promptly address any future construction.

The introductory text of the ordinance states that the city has recognized a need for affordable and safe housing inside city limits, where there has already been a recent trend of "the construction and placement of small or tiny homes." The ordinance text goes on to state that the city believes it "imperative that the small or tiny homes be constructed and located in such a manner as to protect the health and safety of the resident(s) of the home, and the value of the properties adjacent to the tiny homes."

The ordinance defines a tiny house as a detached and self-contained single family dwelling unit with basic functional areas that support normal daily routines and living requirements, such as cooking, sleeping and sanitation. These dwellings, per the ordinance, must be a minimum of 300 square feet and no more than 900 square feet in total floor area, not including lofts, and can house a maximum of three occupants.

Those homes that don't comply with the ordinance will be deemed a "nuisance" under the city's ordinances, thus subject to prosecution and abatement. This includes escalating fines from the city's end, and any violations "endangering the health or welfare of others" can result in confinement.

More than a full page of the ordinance text is dedicated to the construction of tiny homes. Key points require each house to have a kitchen area - with sink, appliances and refrigeration facilities - and a bathroom, partitioned off from other spaces in the dwelling. At minimum, the ordinance states that a bathroom must have a shower, lavatory and toilet, and that "the kitchen sink shall not also serve as a substitute for the lavatory."

The ordinance also requires that each home should have the ability to be heated to maintain a whole house ambient temperature of at least 68 degrees Fahrenheit, and a proper and sufficient ventilation system compliant with industry standards. The use of a space heater as a primary heat source is strictly prohibited, per the ordinance.

Each home must also house at least one emergency escape or access in addition to the main door.

This section also details a variety of criteria for ceiling heights, loft square footage, permissible stairway types and measurements, and exterior entrance step requirements. A tiny home can be no more than two stories in height, totalling a building height not exceeding 30 feet. Roofs must be constructed of metal or composite shingles, while exteriors may be exterior-grade wood, metal or vinyl siding, or brick. Insulation is required on all exterior walls and ceiling or attic spaces.

The ordinance also states that all tiny homes must "have the characteristics of a typical home," which means storage units - such as shipping containers - and public buildings that have been converted into tiny homes will not be compliant.

All tiny homes must be connected to public utilities including water, city sewer/wastewater and city electric, per the ordinance, and hot and cold running water is required. Tiny homes can't run an extension cord or similar device to extend electric service from a nearby structure or electric plug, and city utilities are prohibited from being connected to any tiny home not in compliance with all provisions of the ordinance.

In regards to placement, tiny homes have to be built upon a permanent foundation and anchored to withstand a minimum 90 mph wind load. The ordinance specifies the distances from which a tiny home can be located in regards to other properties, either standing alone or as an accessory to an existing single family residence or other structure.

Any non-conforming tiny home that existed and was in use as a residence prior to the ordinance passing will be "grandfathered in" and permitted, even if elements are in violation of the ordinance. However, the ordinance states that a tiny home can lose its protected status if any modifications or additions aren't in conformity with ordinance requirements. However, non-conforming structures that aren't compliant with respect to basic sanitary or safety needs must conform with the terms of an ordinance to meet those minimum standards within one year of its passage.