# Getting around the "structures too close" rules?
**URL:** https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087
**Category:** NYSpeed Off Topic
**Created:** [November 4, 2011, 11:02pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087 "2011-11-04T23:02:31Z")
**Posts on this page:** 10
**Page:** 2
### Author:  [@focusinprogress](https://forums.speedlife.net/u/focusinprogress)
#### Post date: [November 9, 2011, 12:21pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/21 "2011-11-09T12:21:15Z")
> [@slo ride](#):
>
> just to be clear- you think the barn+garage floor areas together will equal over 5500sf? Because if they aren’t, then you can build a separate structure un-attached to the barn but within 10’ that wouldn’t require any kind of special construction such as a fire wall. That is of course so long as that 10’ regulation isn’t some wonky local ordinance or something.
>
> the NYSBC is quite clear that 2 separate structures can inhabit the same lot and require no fire rated construction between them so long as their combined area does not exceed the area limitations for the use and type of construction, in this case type V construction group U use.
just in case it isnt obvious for others in the thread… “type V” is actually using roman numeral, meaning “type 5”
also, are you SURE you can build two separate structures ignoring the 10’? because even that is actually “wrong”. Two buildings on a lot with no property line have to maintain separation from an “imaginary” line…because two buildings either side of a property line require 10’ separation (effectively creating 20’ separation between buildings). the 2010 code book says when a property line isnt present, an imaginary line is to be used.
---
### Author:  [@97FormulaWS-6](https://forums.speedlife.net/u/97FormulaWS-6)
#### Post date: [November 9, 2011, 12:30pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/22 "2011-11-09T12:30:50Z")
I thought the 10’ rule could be gotten around with a waiver from the town planning board and the adjacent property owners approval?
---
### Author:  [@slo\_ride](https://forums.speedlife.net/u/slo_ride)
#### Post date: [November 9, 2011, 7:11pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/23 "2011-11-09T19:11:46Z")
> [@focusinprogress](#):
>
> just in case it isnt obvious for others in the thread… “type V” is actually using roman numeral, meaning “type 5”
>
> also, are you SURE you can build two separate structures ignoring the 10’? because even that is actually “wrong”. Two buildings on a lot with no property line have to maintain separation from an “imaginary” line…because two buildings either side of a property line require 10’ separation (effectively creating 20’ separation between buildings). the 2010 code book says when a property line isnt present, an imaginary line is to be used.
only if they are considered separate structures… check out chapter 7 where it talks about buildings on the same lot. there is an exception to 704.3
Exception: Two or more buildings on the same lot shall either be regulated as separate buildings or shall be considered as portions of one building if the aggregate area of such buildings is within the limits specified in Chapter 5 for a single building. Where the buildings contain different occupancy groups or are of different types of construction, the area shall be that allowed for the most restrictive occupancy or construction.
so unless the 10’ is being driven by something other than the NYSBC you should be all clear so long as you don’t exceed 5500sf of floor area as far as i see it.
BIG DISCLAIMER: i don’t deal with the NYSBC everyday so there might be some other NYS specific restriction that i’m not aware of, but based on 2006 IBC this should all work out- i think.
---
### Author:  [@focusinprogress](https://forums.speedlife.net/u/focusinprogress)
#### Post date: [November 9, 2011, 7:21pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/24 "2011-11-09T19:21:22Z")
> [@97FormulaWS-6](#):
>
> I thought the 10’ rule could be gotten around with a waiver from the town planning board and the adjacent property owners approval?
thats called a variance, but even with that fire code prevents closer than 6 feet, so it really only buys you 4 feet.
I’ll check out that section of chapter 7 when I take lunch at work tomorrow and report back…
---
### Author:  [@slo\_ride](https://forums.speedlife.net/u/slo_ride)
#### Post date: [November 9, 2011, 7:31pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/25 "2011-11-09T19:31:44Z")
ICC online…
[http://publicecodes.citation.com/st/ny/st/index.htm](http://publicecodes.citation.com/st/ny/st/index.htm)
---
### Author:  [@95dime](https://forums.speedlife.net/u/95dime)
#### Post date: [November 10, 2011, 5:02am UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/26 "2011-11-10T05:02:27Z")
ok, if you have a big barn right there, why even care about the carport?
---
### Author:  [@airhead](https://forums.speedlife.net/u/airhead)
#### Post date: [November 10, 2011, 10:31pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/27 "2011-11-10T22:31:14Z")
It’s small. With the stairs and the workshop area, I can only fit 2 cars end to end, and have managed to cram a Beetle into the corner for the winter. I have 5 cars on the road, plus a project, and only drive one in the snow. I have to store several mowers and all kinds of stuff in there too. The loft is huge though- tons of nice dry space to store parts and other junk.
---
### Author:  [@95dime](https://forums.speedlife.net/u/95dime)
#### Post date: [November 11, 2011, 5:07am UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/28 "2011-11-11T05:07:57Z")
> [@airhead](#):
>
> It’s small. With the stairs and the workshop area, I can only fit 2 cars end to end, and have managed to cram a Beetle into the corner for the winter. I have 5 cars on the road, plus a project, and only drive one in the snow. I have to store several mowers and all kinds of stuff in there too. The loft is huge though- tons of nice dry space to store parts and other junk.
gotcha. well anywho, one of the guys at work used to do building inspections, he said the building dept/inspector for north collins is a bit of a pain in the ass, so he might give you a hard time for this.
when we put the back bay on the garage at my parents house there was a patio there before that got “knocked down from weather” and we were “replacing a structure” we ended up not needing a permit. but thats in pendleton. i would call and ask what is needed to just replace it. might not even have to deal with the building dept.
---
### Author:  [@slo\_ride](https://forums.speedlife.net/u/slo_ride)
#### Post date: [December 9, 2011, 9:53pm UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/29 "2011-12-09T21:53:10Z")
so what ever came of this?
---
### Author:  [@airhead](https://forums.speedlife.net/u/airhead)
#### Post date: [December 10, 2011, 12:28am UTC](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087/30 "2011-12-10T00:28:36Z")
Nothing now- I pretty much decided to put it elsewhere after staking it out. Hopefully it will be a go next year! Right now I’m miserable because I don’t have a garage to work in, and my Jeep is failing big time.
[Previous page](https://forums.speedlife.net/t/getting-around-the-structures-too-close-rules/218087.md?page=1)