Commission agrees covered decks treated as rooms under building code; staff to enforce firewall and setback rules

The Planning and Zoning Commission on May 15 directed staff to interpret covered decks as equivalent to enclosed rooms for zoning and building-code purposes, with the result that covered decks must meet setbacks and applicable fire-protection requirements.

The discussion focused on an applicant proposal for Chestnut Ridge (submitted by Mr. Van Overshield) asking to allow elevated, covered decks to extend between property lines on attached residential units. Staff and commissioners said that when a roofed, covered deck is not open and unenclosed it is treated like a room: it must meet setback requirements and may require a firewall, foundation and other protections under the International Building Code (IBC).

Planning staff reviewed guidance from the City of Sioux Falls’ plan reviewers and building inspectors. Under that guidance, commissioners were told, where two covered deck structures are within 3 feet of each other the connecting element must be non-combustible (aluminum or steel frame) or be protected by a one-hour-rated wall; where a wall comes within 18 inches of the dwelling it is treated as a firewall and must extend to the roof sheathing to provide the required separation. Staff noted these are building-code interpretations and that sprinklers or additional measures might be required for larger apartment buildings.

Commissioners said they had no objection in principle to covered decks being constructed up to the property line provided they do not encroach into rear-yard setbacks and comply with the IBC requirements, including firewall continuity through concealed spaces and extension above eaves where applicable. The commission also noted that duplex covered patios at grade that remain within setbacks would be handled under the same interpretation.

Paul (staff) and Patrick (staff) confirmed that zoning and building-code enforcement would align: covered decks that effectively create enclosed or roofed space will be treated as rooms for permitting and setback purposes. The commission agreed to continue applying existing building-code standards when evaluating covered-deck proposals and to allow staff to use the Sioux Falls interpretations as guidance when issuing permits.

The commission did not vote on a formal ordinance change at the meeting; staff flagged that the primary change is an interpretive alignment between zoning practice and building-code enforcement rather than a text amendment to the zoning ordinance.