Code for small shed

I have no idea which topic to put this under, so here goes! Hopefully there is a friendly soul here from the ADA list who will help me out. I am on an "experts" group, and constantly get questions out of my area, but do try to help people out.

This man is from Bakersfield, CA. He and his wife rented a Kiosk (built in 1998) which was originally used as a coffee shop and they changed legally to a sandwich shop. It has an interior restroom, which was judged ADA compliant. An inspector came and cited them for having chairs sitting outside near the pick-up window, and then said that they needed to put in an additional restroom outside, or needed to put an additional outside entrance to the restroom because of the chairs. Then, they started to find multiple things. There is a detached 5 foot x 5 foot shed built to shelter the main water line to protect it from damage, and an opening to the crawl space under the kiosk to keep out unauthorized entry. They now say there was no permit for this structure, and he has to submit complete plans, etc for this structure.

He actually does not yet own the Kiosk, but wants to protect the landlord from harassment in the hopes of being able to purchase it. Since it sounds to me as if the chairs by the pick-up window were not permanently attached, I'm not sure how this all got started, and am a little curious, since they have a middle Eastern name. I can't believe someone would claim they needed another restroom for a kiosk, especially on the basis of some temporary chairs -- it is my impression that they are just chairs.

Does the small size of this wooden shed exempt it from needing a permit? What kind of shed could be built to shelter these things from public destruction, that would meet code, or not require a permit? Does non-fixed furniture trigger requirements, ADA or otherwise?

Any assistance I could give this individual would be much appreciated!

Sharon Toji
Original Post
A postscript: I now have several photos. The shed is built right up against the other building, and is 8 to 10 feet tall, so you can stand upright in it. It looks substantial. The chairs are removable "table" and "chairs" from Cosco -- six seats, used for employee breaks, seating while waiting for food, and yes, sometimes people sit there and eat. I can attach the photos if anyone would like to see them. There is no eating space in the Kiosk, which is about 200 square feet, about half of that dedicated to the restroom, which has a wide enough door and a 5 foot turning space, according to the person, and a 42 inch way from the outside door to the door of the restroom. As I say, it was passed by the building department. I do think someone is harassing them -- whether it is an outside person who has gone to the city -- hard to tell.

Anyone, or should I post this someplace else?

Sharon Toji
In response to the storage shed matter only, I think the following excerpt addresses why a permit would not be required:

(2010 CBC Part 2, Vol. 1)
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2).
The inspection notice is from City of Bakersfield Code Enforcement, and says they are violating a City Municipal Code, but do not give any code numbers. They list 1) Outside seating not permitted; 2) No Restroom for Public 3) No permits. This is dated 10/24/12 with a "completion date" of 10/21/12, gives an officer's name and number, and the phone number 326 3194.

Evidently at the time, there were six removable chairs outside close to the pick-up window.

He states that the main structure is 200 square feet, and the employee restroom inside is about 100 square feet. The shed is 5 feet square. The building was permitted when built, in 1998, and the shed was built in 1998, but I don't know if he knows if it was there when the permits were issued, or construction was completed. He says it sits on the same slab. So far, I have not been able to post the pdf photos, since I get a message that they are too large, although they post just fine in the Disability section, where you can view them.

Since there is no permanent seating for customers, inside or outside, I can't imagine why they think there should be a restroom for customers. If they want to prohibit removable chairs outside, I suppose they can do that, and enforce it.
They have to quote something or else there is no violation, Muni code, H&S code, penal code, Vehicle code, something.
There is more to this than meets the eye. Did these folks redo their store and not ask about permits needed to do so?
Someone needs to call the author of the document and ask what codes have I violated so I know how to resolve all of them?
Its not a structural issue
It sounds like it is a planning issue, a plumbing code issue and maybe building/ health department issue.
The outdoor seating is a planning and health department issue.
The plumbing code requires "sanitary facilities" for food establishments.
Building planning and health department all require permits to serve food.
Originally posted by ADAguy:
To expand on this, if the accessory structure was a seperate, free standing and built prior to code, 1905, it would be allowed to remain but would repairs require a permit?

Not necessarily true
A change in use/occupancy would require permits
And a change from selling coffee to sandwiches will require a health department permit modification
Whoops, my bad. I meant if it were not this site but a SFR with a rear accessory building built pre-code. Board and batten construction on 4x4 rdwd on grade (allowed in 1901).

Will a shingle roof over space sheathing supported by net dimensioned old growth clear 2x4's (10' span)carry the additional weight of 3x5 solar panels?
The owner of this sandwich shop needs to get rid of the covered table/s where the customers sit and eat and maybe set out a small table with chair for an employee to rest or up grade the restroom to exterior 11B access and be sure the parking is to full ADA standards. The Property owner should be notified at once that they have a client that may cause them to have their modified SUP put into jeopardy for this Code issue if it moves forward, there are time lines. That City has like all Cities mandates for special use permits and modifying them. Just saying.

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