Defination of Accessory Buiding

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rickcrittenden

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I've run into a interesting problem.
Wired a small building for a craft shop. The building has a separate address and separate service. It has a raised floor, above grade level.
I viewed this as a separate residential building (non-dwelling), thus I referred 210.8 B, and didn't believe GFCI or tamper-proof receptacles were required.
My inspector however is referring to 210.B where it requires GFCI receptacle in an accessory building.
I believe this building is a separate building (separate service, separate address) and does not qualify as an accessory building, however I have been unable to find a definition in the NEC for accessory building.
Any ideas where I could find this or any answers to my situation.
Rick Crittenden
 
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Refer to the IRC for your application..........From the `12 IRC, Ch. 2 - Definitions:
ACCESSORY STRUCTURE: "A structure not greater than 3,000 square feet (279 m2) in
floor area, and not over two stories in height, the use of which is customarily accessory
to and incidental to that of the dwelling(s) and which is located on the same lot." :thumbsup:


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Since it is not customary for a residence to have a craft shop with separate address and service (even if on the same zoning lot/parcel) I think you have the winning hand. But the inspector does not have to recognize that.
The shop would be just as useful in fulfilling its function if the residence were not there (except for convenience). I would also use that argument to fight the accessory building designation.

PS: I assume that the zoning for the area allows a separate commercial building on that lot? Otherwise your argument is correspondingly weakened.
The argument being that if only residential occupancy is allowed by the zoning, the only way that the shop building would be allowed would be as an accessory to the residence.
 
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Also, how is it zoned per IBC?

302.1 General.
Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed in this section. A room or space that is intended to be occupied at different times for different purposes shall comply with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Structures with multiple occupancies or uses shall comply with Section 508. Where a structure is proposed for a purpose that is not specifically provided for in this code, such structure shall be classified in the group that the occupancy most nearly resembles, according to the fire safety and relative hazard involved.

1. Assembly (see Section 303): Groups A-1, A-2, A-3, A-4 and A-5

2. Business (see Section 304): Group B

3. Educational (see Section 305): Group E

4. Factory and Industrial (see Section 306): Groups F-1 and F-2

5. High Hazard (see Section 307): Groups H-1, H-2, H-3, H-4 and H-5

6. Institutional (see Section 308): Groups I-1, I-2, I-3 and I-4

7. Mercantile (see Section 309): Group M

8. Residential (see Section 310): Groups R-1, R-2, R-3 and R-4

9. Storage (see Section 311): Groups S-1 and S-2

10. Utility and Miscellaneous (see Section 312): Group U
 
north star said:
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Refer to the IRC for your application..........From the `12 IRC, Ch. 2 - Definitions:
ACCESSORY STRUCTURE: "A structure not greater than 3,000 square feet (279 m2) in
floor area, and not over two stories in height, the use of which is customarily accessory
to and incidental to that of the dwelling(s) and which is located on the same lot." :thumbsup:


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Click to expand...

You just love that IRC. :)

But again it is not the right place to look. The OP is asking about NEC 210.8.

210.8 Ground-Fault Circuit-Interrupter Protection for
Personnel. Ground-fault circuit-interruption for personnel
shall be provided as required in 210.8(A) through (C). The
ground-fault circuit-interrupter shall be installed in a
readily accessible location.
Informational Note: See 215.9 for ground-fault circuit interrupter
protection for personnel on feeders.

(A) Dwelling Units. All 125-volt, single-phase, 15- and 20-
ampere receptacles installed in the locations specified in
210.8(A)(1) through (8) shall have ground-fault circuit interrupter
protection for personnel.

(1) Bathrooms

(2) Garages, and also accessory buildings that have a floor
located at or below grade level not intended as habitable
rooms and limited to storage areas, work areas,
and areas of similar use
Click to expand...

As you can see the NEC did not use the term accessory structure it says accessory building. It is more than a stretch to try to apply the building codes definition of an accessory structure to the NECs use of accessory building.
 
GoldDigger said:
Since it is not customary for a residence to have a craft shop with separate address and service (even if on the same zoning lot/parcel) I think you have the winning hand. But the inspector does not have to recognize that.
The shop would be just as useful in fulfilling its function if the residence were not there (except for convenience). I would also use that argument to fight the accessory building designation.

PS: I assume that the zoning for the area allows a separate commercial building on that lot? Otherwise your argument is correspondingly weakened.
The argument being that if only residential occupancy is allowed by the zoning, the only way that the shop building would be allowed would be as an accessory to the residence.
Click to expand...
I would agree with GoldDigger's way of thinking. I can't be a "Craft Shop" and a "separate residential building" as they are two different things. If it's zoned residential then it's an accessory to the main house.
 
I would be very careful in dealing with the inspector on this, you might save on not installing a few GFCI's but could cause the owner to pay a much higher tax rate if you get your way, also the POCO could charge a commercial rate if you win, so in the long run you could end up costing the owner way more money, I would let it go as being an accessory building and install the GFCI's, if the floor is finished or if the floor is above grade GFCI's are not required, 210.8(A)(2) states at or below grade.
 
IMHO if it is on the same parcel then:

(2) Garages, and also accessory buildings that have a floor
located at or below grade level not intended as habitable
rooms and limited to storage areas, work areas,
and areas of similar use

applies.

You have good answers (from others) above.

Why would you not want to install GFCIs??????
 
Thanks for the comment. As somebody mentioned it is much easier to just install the GFCI and pacify the inspector, which is what I did. I think you for all your comment it seems this is a definite grey area just wasn't sure if there wasn't sure if anyone else had run into this situation.
As an added note to think about the building I'm referring to is also on a foundation with a crawl-space (and I mean crawl about 14" deep, lol) so I wondered how you all thought the "at or below grade" qualifier applied? any comments would be appreciated.
Rick Crittenden

PS. As far as zoning it the property in question is listed as residential/commercial according to the township.
 
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