Tiny House Appendix Q Adopted in New York State, Considered in New Hampshire and Connecticut

Great news for Tiny Houses in the Northeast!

  • Appendix Q, also known as the Tiny House Appendix, has been adopted in New York State and will become law in early 2020.  
  • New Hampshire and Connecticut are both considering adopting the Appendix into their state building codes.  
  • Maine and Massachusetts have already adopted Appendix Q into their building codes, as well as at least five other states not in the northeast. 

How can you support the adoption of the Tiny House Appendix in New Hampshire and Connecticut?

If you live in New Hampshire, please email the chair of the Tiny House Study Committee, State Rep Dave Testerman at [email protected] to express your support for the adoption of Appendix Q for tiny houses on foundations.

The public comment period for Connecticut residents is not open yet.  When it opens up, this post will be updated with the contact info.

The following information on Appendix Q is adapted from our previous blog post, written when Massachusetts adopted the Tiny House Appendix.

What is Appendix Q: Tiny Houses?

Appendix Q: Tiny Houses provides building safety standards for houses on foundations that are 400 sq. ft. and under.  The other building codes in existence for all other size dwellings still apply.  Appendix Q is was created to define safety standards for smaller spaces that wouldn’t necessarily fit into a tiny house, such as a full-size staircase.

The Appendix pertains to the following aspects of designing a small or tiny house:

  • Ceiling Height
  • Loft Minimum Area, Height and Dimensions
  • Loft Access:
    • Stairway width, headroom, treads and risers, landing platforms, handrails and guards
    • Ladder size, capacity, and incline
    • Alternating tread devices
    • Ship’s ladders
    • Loft guards
  • Emergency Escape and Rescue Openings

Read the entire text of Appendix Q: Tiny Houses here.

Does The Adoption of Appendix Q Mean I Can Build A Tiny House Wherever I Want In My State?

Not quite!  Every zone of every municipality in the state still has its own zoning bylaws.  Therefore, you’ll need to contact your municipality to see if they’ll allow your tiny-house-on-a-foundation project.  Here’s how.

Here’s what the Tiny House Appendix does mean for residents of states that have adopted Appendix Q: wherever a house that’s 400 sq. ft. or under is allowed, there are now rules in place for how to build it safely and effectively.  Before, small and tiny houses on foundations would have had to adhere to certain building codes that work well for large buildings but would have been impractical or impossible to follow in small spaces.

What’s the difference between zoning code and building code?

Building code provides a set of safety standards that new buildings must adhere to by law.  These standards ensure the safety of the people using the building.  There are separate building codes for residential buildings (like houses and apartment buildings) and all other buildings (like shops, factories, schools, and workplaces).  The Tiny House Appendix is set to become part of the state building code in NH and CT, which is based on the International Residential Code (IRC).  Most, but not all, states in the USA use the IRC as the basis for their state-wide building codes, and adapt each section as necessary.

Zoning code pertains to what types of buildings municipalities (cities and towns) allow, and where.  Often a city or town has several different zones, and each zone has different rules.  Zoning bylaws are decided by the zoning board of a city or town, and can be amended to better fit the needs of each city or town.  Zoning boards generally have regular meetings that are open to the public, where the public can share their concerns, get clarification on what is allowed to be built, and request a change to the zoning bylaws to improve their municipality.

How can the Tiny House Appendix influence local zoning officials? Appendix Q as part of a state’s building code serves to legitimize tiny and small dwelling spaces in the eyes of local building inspectors and zoning boards.  Municipalities that see there are ICC-approved codes to build tiny and small houses may be more inclined to adopt those types of homes into their zoning.

Green River Small House   kinderhook tiny house in snow park model

 

 

 

 

 

Left: Appendix Q applies to tiny houses on foundations that are 400 sq. ft. or under.

Right: Appendix Q does not apply to tiny houses on wheels. 

How Does The Tiny House Appendix Relate To Tiny Houses On Wheels?

Currently, the Tiny House Appendix, or Appendix Q, only regulates houses that are permanently-affixed.  It does not relate to tiny houses on wheels.  However, there is a movement to create a new version of Appendix Q for tiny houses on wheels as well.  Martin Hammer, Andrew Morrison, and Gabriella Morrison were instrumental in introducing Appendix Q to the International Building Code and then again to individual states.  See their website for more info on future plans for a tiny house on wheels appendix.

B&B Micro Manufacturing would like to give a shout-out to the Tiny Home Industry Association for its tireless research on tiny house laws across the nation and the American Tiny House Association for its influence on state policy! 

Tiny House Appendix Adopted in MA, Effective 1/1/2020

The Tiny House Appendix will become official in Massachusetts in January 2020.

The newest complete edition of the MA Building Code will be released in 2021.  However, effective 1/1/2020, Appendix Q, also known as the Tiny House Appendix, is anticipated to be adopted into the current Massachusetts state building code.

From a letter by John Nunnari, Executive Director of the Massachusetts Chapter of the American Institute of Architects:

“The BBRS… voted to bundle a package of previous approved amendments intended for incorporation into the current 9th edition of the state building code.

It is anticipated that these amendments will become effective on January 1, 2020, and they include, but are not limited to, the following:

  • Adoption of 2018 IECC with MA amendments – including updates to the stretch energy code, new lighting power density requirements and incorporation of new EV- charging requirements for commercial project;
  • Revisions to Chapter 110.R3 manufactured building program;
  • Adoption of ICC’s 2018 base residential code Appendix Q pertaining to Tiny Houses;
  • New language outlining code requirements for the creation of micro-housing dwelling units within apartment and condominium buildings

What is Appendix Q: Tiny Houses?

Appendix Q: Tiny Houses provides building safety standards for houses on foundations that are 400 sq. ft. and under.  The Appendix pertains to the following aspects of designing a small or tiny house:

  • Ceiling Height
  • Loft Minimum Area, Height and Dimensions
  • Loft Access:
    • Stairway width, headroom, treads and risers, landing platforms, handrails and guards
    • Ladder size, capacity, and incline
    • Alternating tread devices
    • Ship’s ladders
    • Loft guards
  • Emergency Escape and Rescue Openings

Read the entire text of Appendix Q: Tiny Houses here. 

Timeline of the Advancement of Appendix Q

It’s been a long road in Massachusetts, full of starts, stops and quite a few government delays. But the hardest part is over and now other states should find it easier to adopt the Tiny House Appendix.  On January 1, 2020, Massachusetts and California simultaneously will join Maine, Idaho, Oregon and Georgia as the first six states to adopt the Tiny House Appendix into their building code.

Update 8/21/09: Virginia will also be adding the appendix to their 2021 code.

Here’s how it happened:

August 2016: Andrew Morrison submitted a proposed tiny house appendix to the International Code Council (ICC).

January 31, 2016: The Tiny House Appendix was officially adopted into the International Residential Code (IRC) by the ICC.  Now, it is up to each state to decide to adopt it into their own building code.

September 2017: Gabriella Morrison and Andrew Morrison traveled to Boston to present The Tiny House Appendix, then known as Appendix V, to the Massachusetts Board of Building Regulations and Standards.  Jason at B&B Tiny Houses also testified to the BBRS.  Letters of support came from the American Tiny House Association and many, many tiny house enthusiasts in Massachusetts.

May 14, 2018: Tiny House Appendix Q Is Being Considered For Massachusetts’ State Building Code: Here’s How You Can Help Massachusetts Board of Building Regulations and Standards (BBRS), at its regular monthly meeting, addressed Proposal Number 5-2-2018: “Consider adopting Appendix Q of the International Residential Code pertaining to Tiny Houses.”

July 12, 2018: Massachusetts BBRS Approves Tiny House Appendix: Here’s What’s Next After the BBRS approved the Appendix, it had to move through many state offices and be approved by each one.

September 5, 2018: Appendix Q “Tiny House Appendix” Advances in Massachusetts, August 2018. The Appendix was still moving though state offices, which was a good sign.  However, by the winter of 2018 we hadn’t seen any forward movement in Massachusetts and we couldn’t get an answer from the BBRS about whether the Appendix would be propagated.  In addition, there was a 35 day long government shutdown which we suspected may have hindered the progress of the Appendix.

January 22, 2019: Katie at B&B Tiny Houses worked with Massachusetts Senator Adam Hinds, Danielle Allard, Esq., the director of Budget & Policy for Sen. Hinds’ office, and the Massachusetts Smart Growth Alliance to find a solution.  Together, we filed SD.1636, An Act relative to Tiny Homes to encourage the state of Massachusetts to adopt Appendix Q: Tiny Houses.  Read the bill here.

June 11, 2019: The Massachusetts BBRS and Governor Baker’s administration vote to officially adopt the Tiny House Appendix into the Massachusetts Building Code.

January 1, 2020: Appendix Q will be in effect in Massachusetts.

Does The Adoption of Appendix Q Mean I Can Build A Tiny House Wherever I Want In Massachusetts?

Not quite!  Every zone of every municipality in the state still has its own zoning bylaws.  Therefore, you’ll need to contact your municipality to see if they’ll allow your tiny-house-on-a-foundation project.  Here’s how.

We’re compiling a list of every municipality in Massachusetts’ attitude toward tiny houses on wheels and on foundations.  It’ll always be a work in progress as we research more municipalities and as zoning rules change over time.  If you have info to add to the list, please let us know!

Here’s what the Tiny House Appendix does mean for Massachusetts residents: wherever a house that’s 400 sq. ft. or under is allowed, there are now rules in place for how to build it safely and effectively.  Before, small and tiny houses on foundations would have had to adhere to certain building codes that work well for large buildings but would have been impractical or impossible to follow in small spaces.

What’s the difference between zoning code and building code?

Building code provides a set of safety standards that new buildings must adhere to by law.  These standards ensure the safety of the people using the building.  There are separate building codes for residential buildings (like houses and apartment buildings) and all other buildings (like shops, factories, schools, and workplaces).  The Tiny House Appendix is set to become part of the Massachusetts state building code, which is based on the International Residential Code.

Zoning code pertains to what types of buildings municipalities (cities and towns) allow, and where.  Often a city or town has several different zones, and each zone has different rules.  Zoning bylaws are decided by the zoning board of a city or town, and can be amended to better fit the needs of each city or town.  Zoning boards generally have regular meetings that are open to the public, where the public can share their concerns, get clarification on what is allowed to be built, and request a change to the zoning bylaws to improve their municipality.

Appendix Q is part of the Massachusetts building code, and serves to legitimize tiny and small dwelling spaces in the eyes of local building inspectors and zoning boards.  Municipalities that see there are ICC-approved codes to build tiny and small houses may be more inclined to adopt those types of homes into their zoning.

Green River Small House   kinderhook tiny house in snow park model

Left: Appendix Q applies to tiny houses on foundations that are 400 sq. ft. or under.

Right: Appendix Q does not apply to tiny houses on wheels. 

How Does The Tiny House Appendix Relate To Tiny Houses On Wheels?

Currently, the Tiny House Appendix, or Appendix Q, only regulates houses that are permanently-affixed.  It does not relate to tiny houses on wheels.  However, there is a movement to create a new version of Appendix Q for tiny houses on wheels as well.  Martin Hammer, Andrew Morrison, and Gabriella Morrison were instrumental in introducing Appendix Q to the International Building Code and then again to individual states including Massachusetts.  See their website for more info on future plans for a tiny house on wheels appendix.

 

Appendix Q “Tiny House Appendix” Advances in Massachusetts, August 2018

Tiny House Appendix Advances in MA!

From the Board of Building Regulations and Standards (BBRS) August 14, 2018 Regular Meeting Division of Professional Licensure (DPL):

Proposal Number 5-2-2018 – Consider adopting Appendix Q of the International Residential Code pertaining to Tiny Houses.

“On a MOTION by Rich Crowley seconded by Kevin Gallagher it was voted in the majority to advance Appendix Q forward as an amendment to the ninth edition of the code, independent of the tenth edition effort.

On discussion, Rob Anderson indicated that Board members should refrain from making changes to the ninth edition if the effort is to advance to a tenth edition based on the 2018 I-Codes. Jen Hoyt and Kerry Dietz agreed that it becomes awkward and confusing and, by their estimation, there still may be some issues to be resolved with other agencies relating to tiny houses and it makes more sense to review further as part of the tenth edition revision.

Following discussion, the motion was approved via a majority of Board members with Rob Anderson, Jen Hoyt, and Kerry Dietz voting in opposition.”

Next Steps:

According to Rich Crowley, board member of the MA BBRS, the next steps are for a public hearing in November and then a final vote.

“We’ve voted it in now it’s on to public hearing and final vote. After Tuesday’s vote I don’t anticipate any objection… In fact at one of our previous meetings there was one member, the architect, that voiced some opposition to micro units and this time she offered some positive feedback. The Proposal will return with a document that will more than likely get a unanimous approval as well. That should make it to the hearing and  to promulgation along with tiny houses.
…Once the hearing is over the following month we decide on all the items came in front of us at the hearing and vote up or down or move them somewhere but some form of action is taken at that following meeting. tiny houses are more than likely move forward. At that point it’s just two steps away from [promulgation].
Next it goes to Administration and finance. Once they sign off then it goes to the governor’s desk for signature. It takes maybe a day or two after that for the Secretary of State too publish it as a part of our first amendment to the 9th Edition of the mass building code. The date that gets published is the date of becomes Law so to speak.
I think we can get it all done by the first of the year pretty close. I have talked to lieutenant governor who’s very excited and wants to see it move forward. In fact when one of  governor Baker’s main themes is for affordable housing and that’s what this does. Give people a chance to get on that first rung of the ladder.”

Background Info:

What is The Tiny House Appendix?

Appendix Q addresses building code standards for small houses on foundations that have already been adopted into the 2018 International Residential Code (IRC), including standards for lofts, stairs, egresses, and ceiling heights.  To be clear, the adoption of the Tiny House Appendix won’t completely legalize tiny houses in Massachusetts– that’s up to each city– but if it is adopted, it will provide a set of building standards for under 400 sq ft homes where they are legalized, and where they aren’t yet legalized, help legitimize tiny homes in the eyes of local building departments.  Appendix Q does not address tiny houses on wheels, as they are currently considered vehicles.

Read the Tiny House Appendix here.

Appendix Q in Massachusetts

Andrew and Gabriella Morrison have been instrumental in writing and getting the Tiny House Appendix adopted into the national 2018 IRC: now it’s up to each state, and then each city/town in each state, to adopt it into their specific building code.  Andrew presented at a Massachusetts BBRS meeting, introducing Appendix Q last fall.

Massachusetts BBRS Approves Tiny House Appendix: Here’s What’s Next

Good news for tiny houses on foundations in Massachusetts!

Appendix Q has been voted through by the BBRS.

This is not the end of the Tiny House Appendix’s journey to adoption, but it was an important step.

The Tiny House Appendix has been voted through by the Massachusetts Board of  Building Regulations and Standards!  It is now being reviewed by other state offices.  If adopted into the state building code, IRC 2018, it will provide safety standards for building tiny houses on foundations in Massachusetts.

Read the previous blog post on Appendix Q in Massachusetts here.

At this point, there’s not much action the public can take except wait until it is reviewed.  We haven’t been given a specific time frame for when the Appendix would be adopted. Assuming it will be adopted, it will then be up to each city and town to decide to call tiny houses on foundations legal, a decision which will be based off existing code which might exclude houses under a certain square footage, etc. While there is still a lot of work to be done on a local level if this does pass, for now, we’re waiting.

Robert Anderson of the Massachusetts Board of Building Regulations and Standards says:

“Board members voted to advance adoption of the tiny house appendix, at least conceptually.

Among other things, Governor Baker’s Executive Order (EO) 562 requires agencies to review all regulations to ensure that they are not burdensome and\or cost prohibitive. Additionally, Building Code Coordinating Committee (BCCC) mandates regulatory review to ensure that regulations do not conflict and\or duplicate requirements so as to cause confusion to the user or enforcer. Accordingly, the measure will be advanced through each process over the next month or so. At the same time, Board members have requested a review of all 2018 I-Codes for which they have jurisdiction with the thought of advancing the entire code to the more current documents (rather than piecemeal adoption).

Board members will not meet again until August 14th where the conversation will continue. In the interim, we will explore the likelihood of advancing the entire code or just pieces (i.e. Appendix Q).

I hope this information is helpful.

Sincerely,

Robert Anderson
Division of Professional Licensure
Office of Public Safety and Inspections”

Background Info:

What is The Tiny House Appendix?

Appendix Q addresses building code standards for small houses on foundations that have already been adopted into the 2018 International Residential Code (IRC), including standards for lofts, stairs, egresses, and ceiling heights.  To be clear, the adoption of the Tiny House Appendix won’t completely legalize tiny houses in Massachusetts– that’s up to each city– but if it is adopted, it will provide a set of building standards for under 400 sq ft homes where they are legalized, and where they aren’t yet legalized, help legitimize tiny homes in the eyes of local building departments.  Appendix Q does not address tiny houses on wheels, as they are currently considered vehicles.

Read the Tiny House Appendix here.

Appendix Q in Massachusetts

Andrew and Gabriella Morrison have been instrumental in writing and getting the Tiny House Appendix adopted into the national 2018 IRC: now it’s up to each state, and then each city/town in each state, to adopt it into their specific building code.  Andrew presented at a Massachusetts BBRS meeting, introducing Appendix Q last fall.

Tiny House Appendix Q Is Being Considered For Massachusetts’ State Building Code: Here’s How You Can Help

Meeting Addressing Tiny Houses in Massachusetts’ Building Code

Last week on May 8, 2018, the Massachusetts Board of Building Regulations and Standards (BBRS), at its regular monthly meeting, addressed Proposal Number 5-2-2018: “Consider adopting Appendix Q of the International Residential Code pertaining to Tiny Houses.”  The agenda is here; minutes (an official summary of the meeting) should be forthcoming.  Along with Appendix Q, micro-apartments were also addressed.

This meeting was one step in the process of Massachusetts’ adopting the Tiny House Appendix into its building code, following the example of other tiny house pioneering states Idaho, Georgia, and Maine.   The next step after this meeting will be an internal vote within the BBRS (not a public vote), which will take place next month.  Before voting, the BBRS is accepting public comment on Appendix Q: the address is at the bottom of this post.

What is The Tiny House Appendix?

Appendix Q addresses building code standards for small houses on foundations that have already been adopted into the 2018 International Residential Code (IRC), including standards for lofts, stairs, egresses, and ceiling heights.  To be clear, the adoption of the Tiny House Appendix won’t completely legalize tiny houses in Massachusetts– that’s up to each city– but if it is adopted, it will provide a set of building standards for under 400 sq ft homes where they are legalized, and where they aren’t yet legalized, help legitimize tiny homes in the eyes of local building departments.  Appendix Q does not address tiny houses on wheels, as they are currently considered vehicles.

Read the Tiny House Appendix here.

Appendix Q in Massachusetts

Andrew and Gabriella Morrison have been instrumental in writing and getting the Tiny House Appendix adopted into the 2018 IRC: now it’s up to each state, and then each city/town in each state, to adopt it into their specific building code.  Andrew presented at a Massachusetts BBRS meeting, introducing Appendix Q last fall.  Before last week’s follow-up meeting, Andrew said, “The last time I was there, the main question was why should tiny houses get “special treatment”: their own code provisions? I responded that it’s about safety. People are building tiny houses all over the place and with NO oversight. The appendix allows code enforcement to make sure that the tiny houses are built well and to safety standards. It’s about providing healthy, safe housing to millions of people who need it and don’t otherwise have access to it.”

Comments About Tiny Houses from the May 8 Massachusetts BBRS Meeting

Of the tiny house portion of the meeting, Richard Crowley, Chair of the Mass BBRS, said: “There were quite a few people who came to the front to speak. One lady was very animated and she was so cool she made everyone laugh. Very enjoyable speech. I put my two cents in and away we go. I don’t think [there will] be any problem next month getting a positive vote.  FYI if anyone wants to comment they can do so to the attention of Rob Anderson at the BBRS.”

Raines Cohen, a cohousing coach who attended the meeting, said “All speaking in favor but one comment afterwards during the micro homes referenced tiny homes and brought up concerns around disability access standards… Some informed questions, coming from the fire-chiefs head.”

Next Steps To Adopting Appendix Q

Richard Crowley of the Massachusetts BBRS said “the …[board] will meet in June to review all comments and possibly vote on any or all of the proposed regulations.
From there the proposed regulations go to an in-house meeting call BCCC or Building Code Coordinating Council.
From there it comes back to our administrator who forwards it to the governor’s office of administration and finance. They will review it and once reviewed they will either recommended it to the governor for Signature or send it back to our administrator and board to amend whatever issues they find with the language.
So [we’re] looking at a process that can take anywhere from a month to 6 months or more.”
The next Massachusetts BBRS meeting is on June 5, 2018** at 50 Maple St., Milford, MA.

Please Ask Massachusetts to Adopt The Tiny House Appendix!

The BBRS is inviting public comment on the tiny house appendix until June 1, 2018***.  Please write to:

Robert Anderson, Chief of Inspections- Building Division, MA Department of Public Safety

Email: [email protected].

Letters: One Ashburton Place, Boston 02108

 

*The paragraph “Next Steps…” was added on 5/15/2018.

** The original date for the June meeting was June 12; now it is June 5.  

***As of 5/18/18, the comment deadline has changed to June 1.