Is A Tiny House On Wheels A Building Or A Vehicle?

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We all struggle with identities. Why should housing be any different? The modular housing people don’t want to be called “mobile homes” and neither do the manufactured housing folks but it happens every single day.

Photo Courtesy Wolf Industries

Tiny houses fall into a gray area between manufactured/modular homes and RVs, creating an uncertain regulatory landscape where it is almost impossible to legally reside in a tiny house year-round.

Photo at top of article Courtesy Timbercraft Tiny Homes

So far, this has held back the potential of tiny homes to address the larger demand for housing. With the right regulations in place, these structures could be used to help senior citizens age in place, transition the less fortunate to more permanent housing, and more.

“The common link globally for tiny houses is that we don’t have standards that are unique to our own industry,” says Janet Thome, ASTM member and founder and president of Tiny House Alliance USA. She was involved in the effort to establish the new subcommittee. “Is a tiny home on wheels a building or a vehicle? Well, it’s actually both. We’re excited to be able to help make those determinations as part of ASTM now.”

Photo Courtesy Decathlon Tiny Homes

Los Angeles is one of the few cities attempting to clarify what a tiny house is using specific standards. While these standards may work for them, other cities can impose different standards simply because at this time there is no national acceptance of what a tiny house is.

Here is the City’s Accessory Dwelling Unit Ordinance (Ord. 186,481) was adopted on December 11, 2019 and became effective on December 19, 2019. Among additional matters, it added Los Angeles Municipal Code (LAMC) Section 12.22A.33. This new section of the LAMC includes local development standards and requirements for ADUs, Junior Accessory Dwelling Units (JADUs), and Movable Tiny Houses (MTHs) in Government Code (GC) Sections 65852.2 and 65852.22.

Accessory Dwelling Unit ( ADU )

An ADU is an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit ( JADU)

A Junior Accessory Dwelling Unit is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. The JADU or single-family residence shall be owner-occupied.

Movable Tiny House ( MTH )

A Moveable Tiny House is an enclosed space intended for separate, independent living quarters of one family and meets all of the following:

  • Is licensed and registered with the California Department of Motor Vehicles;
  • Meets the American National Standards Institute (ANSI) 119.5 requirements or the National Fire Protection Association (NFPA) 1192 standards, and is certified for ANSI or NFPA compliance. A 3rd  party inspection agency (Design Approval Agency/Quality Assurance Agency) shall certify the MTH meets this requirement 
  • Cannot move under its own power;
  • Is no larger than allowed by California State Law for movement on public highways; and
  • Is no smaller than 150 and larger than 430 square feet as measured within the exterior faces of the exterior walls.

Development Standards and Requirements

ADUs, JADUs, and MTHs are allowed in any zone that allows for residential use by right. Parking for a newly constructed ADU is not required when it is located within one-half mile walking distance of public transit. Replacement parking is not required when covered parking is removed in conjunction with the construction of the ADU.

ADUs are required to comply with all applicable Zoning, Building, and Residential Codes. Fire sprinklers are not required if they are not required for the primary residence. Solar panels will be required for newly constructed, detached ADUs.

CLICK HERE to read more about The Tiny House Alliance USA

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Gary Fleisher is the Editor in Chief of Modular Home Source and Offsite Builder magazine. Email at [email protected]

Gary Fleisher, the Modcoach

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