# Outdoor Kitchens under Accessory Structures



## ADAguy (May 10, 2019)

IRC - R105 says that accessory structures less than 200 sq. ft are exempt from permits

Can I install an outdoor (open air/no wallls) kitchen with open flame appliances (BBQ, Broiler, etc.) beneath an open framed roof covered with palm fronds?


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## Rick18071 (May 10, 2019)

Sure, as long as you go by the manufacturers instructions.


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## classicT (May 10, 2019)

Can you, yes...should you, probably not.

Darwinism may prevail.


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## mark handler (May 10, 2019)

Outdoor kitchens are not:
"One-story detached accessory structures used as tool and *storage sheds, playhouses and similar uses, *provided the floor area is not greater than 120 square feet (11 m2)."

The EMP are also not exempt
They are not Exempt in our Planning/Zoning Codes.


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## rktect 1 (May 10, 2019)

We amended that section out when we adopted the 2018 code cycle.

Two weeks ago a permit came in for an out door kitchen that had a pizza oven and next to that was a built in BBQ.  A roofed over structure on two posts over the BBQ grill.  The pizza oven chimney was about 12 inches lower than the roof and within about 24 inches of the edge of the plastic roofing and wood framing.  BBQ was about 36 inches below the plastic roofing material and the wood framing.

It did not get approved.


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## ADAguy (May 10, 2019)

So close, but IRC doesn't seem to have requirements for materials for accessory structures, or does chapter 7 take precedence in this case for SFR's?

There are no exhausts or piping above the bbq/broiler, about 5' btwn counter and underside of exposed roofing (sloped).


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## ADAguy (May 10, 2019)

Also please consider if this structure is exempt it still must be constructed to code, no?
If so please cite a section that references that>


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## my250r11 (May 10, 2019)

Hope your insurance is paid up. Sound like a fire waiting to happen with out some kind of protection of the roof assembly.


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## mark handler (May 10, 2019)

ADAguy said:


> Also please consider if this structure is exempt it still must be constructed to code, no?
> If so please cite a section that references that>


I do not consider any structure that is not used as *tool and storage sheds, playhouses or similar uses*
Our Muni-code also regulates locations of buildings that are *"building code" *exempt  structures (tool and storage sheds, playhouses and those  similar uses). We issue fence permits to comply with height and location of fences, per our muni-code.


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## ADAguy (May 10, 2019)

"similar uses" , that would seem to indicate an enclosed space by your examples as opposed to a shade structure with an outdoor kitchen, no?
Local city amendment altered 120 to 200 sq. ft (wouldn't that require state concurrence?


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## mark handler (May 11, 2019)

Just like a kitchen and bedroom are similar uses? 

No.


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## ADAguy (May 11, 2019)

We concurr that an outdoor kitchen is not "similar to" a play house or a tool or storage said.
The code however does not define "similar" other than stating the dictionary definitions apply where the code is not specific.
Guess I need a code definition for similar.


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## JCraver (May 13, 2019)

Is this attached or detached from the house?

Attached to the house, I'm probably going to look at it pretty hard.

If detached/out in the middle of the yard, then they can do whatever they want to under that accessory structure.  If it's >200 sf, then the structure itself (roof, poles holding it up, etc) is out of your control, along with whatever the H.O. chooses to put underneath it.  There might be a fire code section that deals with it, but straight IRC you're out of luck on enforcement.


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## ADAguy (May 13, 2019)

Yes, it is free standing in the side yard, Fire code is the key here as it cannot be closer than 50' to the residence without being of non-combustable material.
BBQ manufactuerer's instructions say not to install beneath flamable materials or warranty is voided. 

Are unattached outdoor kitchens viewed as non-portable items? Walls of units exceeding 5'-9" (7'-6" in this case) must be structurally attached, no? Therefore permanent?


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