The Legality of New York Container Homes
New York has some of the most stringent zoning and building codes in the country. As such, permanent shipping container homes in New York are not likely to get a warm welcome from local authorities. While New York City has no publically available regulations for container homes specifically, the New York City Building Code (NYCBC) covers all alterations made to structures in the city, including container homes. In rural New York, the Siting of Outdoor Structures Code comes into play, and zoning districts enforce dimensional restrictions on modular options. Additional restrictions may also be found in subdivision regulations. Nonetheless, shipping containers are commonly used for temporary storage in rural areas of New York. While some towns have permitted temporary modules , many areas will not even allow temporary units without a building permit on private property. Whereas the state has no known restrictions for temporary structures, some towns do have limitations on how long a module is permitted to remain on your property. In New York, a temporary storage structure is not considered permanent after three years. However, counties require permits and compliance with lots larger than the required size. Some towns allow for a larger reduction of lot space for a temporary storage structure. New York building requirements depend on the type of roof type and whether the unit has partial or full insulation. The system must also be able to withstand 90 mph wind speed.
Container Homes Zoning Law
In general, zoning laws dictate where certain types of structural development can occur in a locality. In New York, this often varies between towns and counties.
While the State of New York does not have any laws prohibiting the use of shipping containers as structural components, its localities may. Within New York City, for example, Section 103-05(c)(6) of the New York City Zoning Resolution prohibits the use of shipping containers in most city districts outside of the "Manufacturing Districts" (i.e., manufacturing districts M1, M2, and M3). Within the Manufacturing Districts, referenced in New York City Zoning Resolution Section 103-06, the use of shipping containers is only allowed for "diverse storage and elated uses". Outside of these zones, the use of shipping containers is not permitted.
The ability to use shipping containers as structural elements or for storage also varies from county to county. For example, in Albany County, use of shipping containers in all zoning districts within Albany County is prohibited. Within Greene County, use of shipping containers is not permitted in the Single Family Residential or the R-2 Multifamily Residential Districts, but may be permitted as accessory structures in other districts. In Monroe County, use of shipping containers as primary structures is permitted, but may require a special use permit depending on the county municipality. In Chautauqua County, shipping containers are considered accessory structures and must obtain a permit if located on private property within a Town, Village, or City.
Container Home Building Codes and Standards
Before a shipping container home can be legally occupied, it must comply with all safety standards and building codes set forth by the state, county, and municipality. Perhaps most telling of how seriously local municipalities take building code standards is their approach to containerized structures. New York City, for example, a city so large that it actually functions as a jurisdiction unto itself, has completely outlawed the use of containerized structures on private property, although they can be used in certain public capacities, like concession stands in parks. City officials have expressed a personal desire to see the ban lifted, but only if they could be sure that the containers would be properly designed in accordance with safety standards.
The fact is that many shipping container buildings concern governmental agencies simply by virtue of their design. Such designs have been virtually unheard of on a large scale and were clearly not fully considered prior to the 1960s, when most modern building codes were created and adopted. The first shipping container was created and utilized in a modular capacity in 1955 for military transportation. It was not until 1962 that the concept was first utilized commercially for bulk goods. Because the concept of intermodal shipping containers was so new, these simple units had never been expected to serve as permanent structures. Unsurprisingly, the 1997 version of the New York State Building and Residential Code made no mention whatsoever of shipping containers, and they were initially not mentioned in the 2002 and 2007 versions. The 2010 and 2017 versions do make modeste reference to the containers, but their status under the law still remains unsettled, even for those specifically designed for permanent use as structures. The 2017 version of the New York State Unified Building and Residential Code refers to containers in acknowledgement of their existence but contains very little in the way of actual legal wording. For example, section 107.1 of the code lists "permanent" modules as useful tools in the relief of temporary emergency housing. That’s it. Other than that, there is no clear approval or disapproval of their use. This approach has been reflected and even expanded upon by adopting municipalities.
The simplest way to sort out this confusing set of rules and regulations governing the use of shipping containers in New York is to first distinguish among its three different regions: New York City, Nassau County, and Suffolk County. Each of these three jurisdictions operates as its own quasi-state, having its own official building codes and standards which directly govern shipping containers individually. For example, Suffolk County has implemented its own 2015.1 Building Construction Code, which specifically prohibits shipping containers in any permanent form. Most other municipalities throughout the state, including within the Tri-State Area, do not explicitly regulate the use of shipping containers when it comes to their construction standards, and allow their use in residential and commercial settings as easily movable modular units. Even though "temporary" units are authorized, this does not mean that municipal ordinances dictate their eventual destination or the particular purpose to which they can be put. It is important to note that, although Nassau County generally allows a wider variety of uses and purposes for shipping containers, including in the construction and commercial industry, some cities and spots throughout the county specifically prohibit their use on private property.
New York Container Home Permits
Building a shipping container home requires relevant permissions and permits, including a building permit and a certificate of occupancy. In New York, the Department of Buildings (DB) is responsible for issuing building permits. Acquiring these permits involves a few key steps:
- Preliminary Meeting with the Department of Buildings: Meeting with the building commissioner is a good way to ensure you receive all the necessary information for your project. While a meeting is not required, it can eliminate problems later on in the process.
- Apply for Approval: All owners or authorized agents must complete an application for a permit through the DOB Online Appointment System. However, projects valued at $250,000 or more require signing-off by one of the following professions: The signatory must also apply for the project with the Department of Buildings in the borough where the site is located.
- Have the Plans Approved: Next, your plans must be approved. This generally requires stamped site plans, zoning analysis, special inspections, limits of disturbance, and dust control plans. If you work with a licensed engineer or architect, they will prepare and submit your plans to the Department of Buildings for approval. The signed-off plans must be filed with the DOB Block File in order to attain approval for your container home.
- Obtain Insurance: You’re then required to show proof of a current contractor’s policy or other guarantees for demolition and construction work via a Certificate of Insurance.
- Post the Copy of Permit: You must then post a copy of the permit on-site, in an area that is clearly visible from the street.
You may also be required to provide a warranty that your container home has been tested for the presence of lead or asbestos, depending on its age. Permit fees vary based on location, as well as the estimated construction cost.
Advantages of Container Homes
Do shipping container homes have benefits? There are a couple of them. Among other things, they offer cost savings, sustainability, and unique design opportunities.
Components for shipping containers are produced off site in factories, which can give you savings on labor and materials. In addition, the containers can be built to include sustainable features such as energy-efficient windows, solar panels, and Energy Star certified appliances. And if you do co-locate a container with a traditional home in your backyard, you may be able to benefit from the existing water and sewer service. For builders who work mostly on-site, this can present a significant savings .
That said, it’s important to remember that you won’t simply need to pay taxes on the container. You’ll also have to pay the same taxes you pay on any other structure. If you have a foundation, you could actually end up with a higher bill, as the jurisdiction may tax it as something other than personal property. And state law also establishes the value of the container.
Containers also offer the opportunity to go green in your design. They lend themselves to solar power and energy-efficient appliances. But they also provide a framework for adding solar panels or wind turbines, should you wish to do so later.
New Challenges for Container Homeowners
Aside from limited popularity, advantages, and a relatively solid track record of container home construction, there are many hurdles for the indivisual looking to construct a container home. Below is a sampling of hurdles that a New Yorker might face, assuming that a container home is even legal at the location where the individual might wish to build. Individuals should be cognizant of these hurdles before moving forward on a container home.
Becoming familiar with New York City, this blogger’s home, and New York State building code may seem somewhat less than exciting, but it could save you hundreds of thousands of dollars. In New York City (NYC), the NYC Department of Buildings (DOB) issues building permits for container homes and other structures built on NYC land. Building codes are often modified by the Building Code Official, and section BC 104-06 mandates these modifications be "for the purpose of (1) Making the construction piece easier, (2) Doing work less expensively, and (3) Providing equivalent or superior (in most categories) construction."
Sound good, but obtaining a permit to build a container home in NYC can be a difficult task. The NYC DOB has completely avoided trying to understand the benefits of container homes by stating "a shipping container is not an approved form of construction." In simpler terms, the DOB will not issue a building permit for a container home. A similar situation exists throughout most of the State of New York. Lots of luck if your container home is in a town or county close to New York City or even near New York City’s suburbs, as New York State may permit towns and counties to adopt stricter building code regulations from the model codes. Unsurprisingly, most jurisdictions are following the lead of New York City, and do not approve of container homes.
As container home popularity has grown worldwide, so has the number of individuals in New York and around the world inquiring about the legality of container homes.
Are container homes legal in New York? The short answer is maybe. As construction of container homes become more common in the United States, the legality of those homes will continue to be tested by zealous building code officials, concerned neighbors and enthusiastic homeowners. In the short term, the legality of container homes in more densely populated areas like New York City or suburban New York will remain murky at best.
Is it fair to take up a load of room in downtown Manhattan or Brooklyn using a multi-unit container home? Perhaps not. However, container homes may still be valuable as rental units for tenants seeking affordable housing opportunities. And there is no doubt that container homes would be a capitalist dream come true for real estate developers in NYC, where building land is coveted, and expensive, but housing is consistently hard to find. One solution to the housing crisis could be to build vertically, but would NYC ever approve of a 60-building stacked container home, especially when one unit already takes up the space of four standard parking spaces?
It could be possible the tiny home movement will result in a popping of the tiny bubble in New York. Is it possible that what is now viable in areas that are sparsely populated nationwide could be viable downtown where 8 million people live? And most importantly, where’s the lot space to build a condo of containers right now in NYC? This blogger believes that many New Yorkers have the desire to live in container homes. What needs to happen is finding an opportunity; a vacant, unused lot. Once that lot can be found, the challenge will shift from finding space to finding a way to get the NYC DOB (or local municipality) to approve of a container home as a safe and structurally sound building.
New York Container Home Case Studies
To better understand how shipping container homes have been successfully integrated into New York City, we can look at a couple of case studies.
Case Study 1: Tiny House NYC
Tiny House NYC, located in Brooklyn, began as a social experiment to see if one can live comfortably and sustainably on less than 400 square feet. It was built in February 2016 from one used shipping container. The founder, Adam Ketchion, didn’t need a building permit since the structure was for personal use. However, there was an agreement with the landlord to be responsible for any damage to the property. The container home has transportation permits as it would be illegal to park a non-registered vehicle without a permit in NYC. It is even equipped with solar panels, wind turbines and rainwater collection. As of March 2017, construction for a second unit, also with a sustainable design, was underway .
Case Study 2: Container Housing East New York
In East New York, Brooklyn, unconventional architectural firm WXY Architecture + Urban Planning joined forces with the NYC Department of Housing Preservation and Development (HPD) and the NYC Department of Homeless Services (DHS) to design affordable family housing on a site that they refer to as "otherwise unusable." The "Container Housing East New York" features five shipping-container based residential units for formerly homeless families and 16 subsidized affordable residences. A container was re-purposed as a permanent structure by adding steel reinforcements at corners and on top. One-third of the 256sqft floor area of each unit was dedicated to common space for storage, laundry and mechanical purposes. This project recently became the first of its kind to move directly from conceptual design to construction.
And lastly, there are several shipping container modular companies, including Pods, Blue Sky Pods, and MOD PODS that have been delivering modulars to New York City for decades. For instance, PODS can provide moving and storage services, and Blue Sky PODS can provide portable onsite storage solutions for businesses and residential applications.