Building Code FAQ

• Section 22.02 of the Rutherford County Zoning Resolution specifies that, “It shall be unlawful to commence the excavation for the construction of any building, including accessory buildings or to commend the moving or alteration of any building, including accessory buildings, until the Building Commission has issued a building permit for such work.”
• Section R105.1 of the 2018 International Residential Code adopted by the Rutherford County Board of Commissioners states in part: "Any owner, or owner's authorized agent who intends to construct, enlarge, alter repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, remove, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application and obtain a building permit."

2018 International Residential Code, R108.6 - Work commencing before permit issuance, states: Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fine in an amount equal to the building permit fee in addition to to the required permit fees.

Rutherford County Zoning Ordinance, Chapter 14, 1404B. Building Permits Required, No building or other structure shall be erected, moved, added to or structurally altered without a building permit issued by the Director of Building Codes. 

1410B Penalties for violation, Violation of the provisions of this ordinance or failure to comply with any of its requirements shall be punishable as provided by law. Each day such violation exists shall be deemed a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participated in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided. 

The Rutherford County Zoning Ordinance prohibits occupation of a Recreational Vehicle (RV) on any property that is not an approved campground, except as allowed under the following circumstances:

1. Bona fide temporary instance of visiting relatives or invited guests, not to exceed 14 days in any calendar year.
2. In cases where fire, or other natural disaster has occurred, subject to the following restrictions:
1. A temporary use permit issued for a period of six (6) months;
2. If necessary, an additional six (6) month temporary use may be granted;
3. The unit must be served by approved water, sewer and electric facilities;
4. The unit must meet all building separation standards consistent with the International Building Code;
5. Residential use of the unit must be discontinued upon occupancy approval for primary dwelling unit.
3. In cases where property owner desires to live on-site while the principle residence is being constructed, or renovated to the extent that it cannot be occupied, subject to the following restrictions:
1. A temporary use permit issued for a period of six (6) months;
2. A building permit for the construction/renovation of the principle dwelling unit must be issued prior to a temporary use permit being issued. The building permit must remain valid in order for the temporary use permit to be valid;
3. If necessary, an additional six (6) month temporary use may be granted;
4. The unit must be served by approved water, sewer and electric facilities;
5. The unit must meet all building separation standards consistent with the International Building Code;
6. Residential use of the unit must be discontinued upon occupancy approval for primary dwelling unit.

T.C.A. 43-1-113 states: "Agriculture" means the land, buildings and machinery used in the commercial production of farm products and nursery stock. 

Under the law, an agricultural use or activity must involve the commercial production of farm products or nursery stock.   Property owners wishing to have a building or structure considered for exemption from regulation for an agricultural purpose may do so by providing evidence satisfactory to the Building Codes Department that the agricultural use or activity qualifies as an agricultural purpose. To qualify for this exemption and so that the Building Codes Department may verify the ‘commercial production of farm products and nursery stock’, the property owner shall fill out an Affidavit and provide evidence required by the Building Codes Department that satisfactorily demonstrates that the agricultural use or activity qualifies as an agricultural purpose. Such evidence may be one or more of the following: an IRS Schedule ‘F’ from their most recent years tax return, an Agricultural Sales and Use Tax Exemption certificate issued by the Tennessee Department of Revenue, any other information, including any other tax records or financial information, and/or site inspection to confirm that the property qualifies as a working farm as prescribed by law.

While a building permit is not required for a fence, it is required that you fill out a Fence  Design Guideline Affidavit with the Rutherford County Planning Department prior to commencement of installation (information and form is available on their web page on this site).

It is also recommended that you consult your subdivision covenants or deed restrictions, which may address the type of fencing allowed within your particular subdivision. Rutherford County does not enforce subdivision covenants. These are private contracts agreed to by the owner of the property upon the purchase of the property.

Building codes is currently operating under 2018 International Building and Residential Code series.

Copies of the currently adopted codes can be viewed (free of charge) at the Rutherford County Clerks Office or at the Building Codes Department during normal business hours.