Rules for home businesses should apply to all

Boulder City, like many other communities, has a provision for small-business owners to conduct work from their home addresses, and there are certain rules to carry out the day-to-day activities related to those businesses. What is not well-known by many small-business owners is how those businesses are managed.

For example, walking around Boulder City, it is apparent that not all home businesses are knowledgeable about what they can and cannot do. Interestingly, the police department and the Boulder City business office staff also seem to have contradictory information about what constitutes a home business and how it can be run.

In the current economic climate, it is understandable that individuals might want to conduct additional income-producing businesses from their homes. Seniors and low-wage earners, for example, need to supplement their income. But just what constitutes a home-based business and what rules and regulations need to be heeded? How do you know if you need a home-business license?

According to city code 4-1-16: “A person shall be deemed to be in business … if that person does one act consisting of: Selling any goods or services, excluding a ‘garage sale’ at a private residence …” This seems a rather arbitrary rule in these days of private sale and barter to supplement income.

However, there are those who take ignoring the rules too far, for example, running a metal shop in a residential backyard for welding, metal grinding, spray painting and hammering-out metal garden furniture. Not only is this against the city licensing rules but it is also against city ordinances for the health and safety of nearby residents.

When I inquired at the police department whether this activity was allowed in Boulder City, I was told that as long as the person had a business license he or she could carry out the outdoor metal work from 7 a.m. through 7 p.m.

Not so, it seems. Inquiring at City Hall I was notified that they would look into the matter and was notified that a letter had been delivered to the resident. But months later the hammering, screech of grinding metal, black metal dust, welding and paint fumes pervade the neighborhood, which is not zoned for industrial usage.

According to the home occupation permit application, which is the first step to becoming licensed, “the home occupation (business) shall be carried on without tangible evidence of same being apparent to the particular neighborhood.” Also “the home occupation shall not be detrimental in any way to public health, safety and welfare, injurious to the neighborhood in which the property is located. The home occupation shall not create excessive noise, dust, light, glare, vibration, gas, fumes, or toxic/hazardous materials, smoke, electrical interference or other hazards or nuisances, or cause a change in the fire safety or occupancy of the dwelling unit.”

Printed in red in the permit application is written: “No compressed gasses, flammable/combustible liquids and/or other toxic hazardous materials (paints, chemicals etc.) related to the home occupation shall be located and/or stored on the premises …”

Considering that this activity might be covered under the city ordinances as a health and safety nuisance, an inquiry was made to the code enforcement office and an automated email response was received that the inquiry had been received and would be responded to within 14-21 days. Almost one month later there has been no response.

Perhaps I am just “shouting into the wind” here. If all of these city regulations have changed and we are now a laissez-faire community where “anything goes,” this might explain the conflicting responses and nonresponses from the various city departments. If the regulations still stand, then they should apply to everyone.

Angela Smith is a Ph.D. life coach, author and educator who has been resident in Nevada since 1992. She can be reached at catalyst78@cox.net.