From Private Use To Commercial Use – Mixed-Use Zoning
Q. Was it legal to convert our guesthouse for commercial use?
I run an engine repair business from my home. I have a small guesthouse in the back that I converted into my business. I converted the guesthouse during the Covid lockdown. A few weeks ago, a small fire broke out in the guesthouse. A fire truck responded and put out the fire.
I later learned that the fire department notified the fire inspector that I was running a small business out of my converted guest house. A few months later, a fire inspector found several fire risk violations. I was not cited, but they gave me only thirty days to correct it or face being cited.
The inspector came up with numerous violations, including not having my address posted clearly in front of my business, blocked exits in the kitchen, insufficient exit sign illumination, lack of sufficient panel box clearance, and use of extension cords.
My business is small but thankfully very busy. My business was cited because I needed to make the required changes in time.
Should I fight it?
A. No. While your guesthouse was originally permitted to be a guest dwelling, it was not officially permitted to be a business.
The fact you could not obtain a commercial building permit during the lockdown did not excuse you from getting a building permit after the lockdown was lifted.
You are very fortunate that your property is zoned for mixed-use commercial-residential, but since your current use is for your engine repair business, under the zoning laws, you would have had to comply with all commercial building codes and permits before converting your residential permit into a commercial permit.
In Defense Of Your Case – Options To Consider
Retain a private commercial building contractor to inspect your structure
I suggest you retain a commercial building contractor to inspect your guesthouse to find out if any major structural changes need to be made due to noncompliance with the commercial building code. By doing this, you will have an informed estimate on whether you should start considering relocating your business if it turns out the city’s building inspector orders you to make expensively prohibitive structural changes.
Make the changes rather than fighting the ticket
I would not fight the tickets but rather make the required changes as soon as possible or face the risk of harsher penalties and more fines. But what is most problematic is if your city orders a building inspector to visit and finds out that your guesthouse engine repair business was never permitted for commercial use.
Fire departments inspectors are getting more proactive
Sometimes, fire departments come under pressure from their superiors for not being sufficiently proactive in preventive measures to ensure the community is adequately protected from fire risk. This is especially true when a potential violation pertains to mixed-use zoning areas. Building inspectors are likely to be even more aggressive for your failure to obtain a commercial building permit.
The building inspector finds the following violations:
Insufficient illumination of exit signs
Under most local ordinances, your exit signs must be self-illuminated. A standard light, even one pointed at the exit sign, is no longer sufficient under most fire codes. All exit signs must be self-illuminated and placed in positions where they are easily detected and brightly illuminated.
Obstruction near the electrical panel
Electrical panel boxes of any type must have sufficient working space to access these units quickly and easily in emergency situations. Placing boxes, tables, and food carts, or for that matter, any obstruction in access areas to electrical sources, is a common fire hazard that is easily remedied without much effort on your part.
Unsafe use of extension cords
The unsafe use of extension cords is a very common fire code violation, especially for small businesses and restaurants. Extension cords may be great for your apartment or residence. Still, they are perceived as a fire risk under most local fire codes, especially if they run along with the ceilings, baseboards, or walls, where they can be easily damaged, resulting in possible electrical shorts. In most cities, it is permissible to use extension cords only temporarily.
The business address is not clearly posted
Your business address must be marked and visible from the street fronting the property. Most city ordinances now require a reflective background on lessons so that fire trucks responding to an emergency can quickly locate the address in the late evening hours. This makes sense, even though it might cost a few dollars to repaint your street address.
Blocked back exit doors
Even though your violation stemmed from the back kitchen area, the law requires that you not have any obstructions preventing a safe and quick passage out of the structure in case of an emergency. Even if the location is a busy kitchen located at the back of your coffee shop.
This type of violation is widespread, especially in active businesses where food preparation is performed quickly. Boxes, food carts, and trays are often left near exit doors. Trying to move them in an emergency can be potentially dangerous in the event of a smoke-filled fire.
Property Lawyers
For more information on mixed-use zoning and conversion consider consulting with a real estate property lawyer.
