bldginsp
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# Posted: 10 Aug 2013 11:09 - Edited by: bldginsp
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The technical issue is the 'occupancy' of the building. The 120 sq ft rule applies to 'U', or 'utility' occupancies, that is, a building used for storage. A building used for living is a different occupancy classification, called 'R'.
So, you can build a 'storage' building up to 120 sq ft. without a permit and inspections. The code says you are still supposed to build it to code but since it won't be inspected, effectively, you can build anything you want. The foundation, or any other aspect of the construction, does not affect its classification. But, if you want to build over 120 sq ft, then your building must meet the requirements for the occupancy use that the building will be used for.
The building official has the authority to say what a building is used for. So, if you build a 120 sq ft U occupancy storage building, but then the neighbors complain, then the building official will investigate. If they determine that the building is being used for a different use than a U occupancy storage building ( such as living in it), they will make you comply with the code- which means either abandoning using it to live in, or legalizing it as an R occupancy (if possible).
Often if you build a 120 sq ft. storage building, you can get a permit to put electrical in it. But if you try to get a permit to put plumbing in it, the building department will probably think you intend to live in it.
As ICC said, scope out your neighbors. If they don't care, build the 120 sq ft, keep a low profile, don't install plumbing and electrical, and you'll probably be okay. But it's always a bit of a risk, something hanging over your head. So, as suggested above, you might talk to the local department. You are not the first person to want to build an occasional use summer cabin. They may have a way for you to accomplish what you want, and what they feel they have to do, given the laws handed to them by the voters.
Good luck
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