Residential Building Inspector B1General Administration, Legal, and EnforcementEasy

An inspector discovers that a homeowner has built a storage shed (100 sq ft) on their property without a permit. The local jurisdiction's adopted code specifies that detached accessory structures under 120 sq ft are exempt from permits, provided they meet setback requirements and do not contain plumbing or electrical. The shed meets these exemption criteria. What is the appropriate action for the inspector?

  1. ARequire the homeowner to apply for a retroactive permit.
  2. BOrder the homeowner to remove the shed due to lack of a permit.
  3. CIssue a notice of violation for unpermitted construction.
  4. DInform the homeowner that no permit was required and no further action is needed.
Show answer & explanation

Correct answer: D. Inform the homeowner that no permit was required and no further action is needed.

If the structure meets all the specified criteria for permit exemption in the adopted code, then no permit was required, and no enforcement action is necessary. The inspector should simply inform the homeowner of this fact.

Why the other options are wrong

  • A. Incorrect, a retroactive permit is not needed for exempt work.
  • B. Incorrect, removal is only for non-compliant or unpermitted work that cannot be brought into compliance.
  • C. Incorrect, as the structure falls under the permit exemption criteria.

Permit Exemptions

Certain minor construction projects or accessory structures are typically exempt from permit requirements if they meet specific criteria outlined in the adopted building code, such as size limits, absence of utilities, and compliance with setbacks.

  • Specific criteria for exemption.
  • No permit needed if criteria met.
  • Inspector confirms exemption status.

Memory trick: Exempt means 'Extra-small, Extra-simple, Excluded from rules.'

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