Q: We recently remodeled a kitchen and were required to upgrade the kitchen plumbing and electrical to current code. However, the inspector went further and required other upgrades to the plumbing drainage and venting, wanted a new electrical subpanel, and required smoke detectors in every bedroom (in addition to the one on each floor). The town also required a full septic system inspection ($400) before issuing a permit, even though we have perfectly functioning system. Is this standard procedure? We are outside of Boston, MA. – JH
A: The general rule is that any system “touched” in a remodel must be brought up to current building code. This would include any subsystems or components directly affected by the remodel.
That would include any electric circuit all the way back to the box, or any plumbing line you are tying into.
For example, if the new kitchen requires additional circuits, that might trigger the need for a new electrical sub-panel or even a main panel that is out of compliance. If the plumbing vent that you are tying into is not properly vented, then that would need to be fixed.
In some cases, the older work is “grandfathered” and allowed to stay as is. However, if the existing work is viewed as an imminent hazard, the code officials are going to make you upgrade to current code. This would be the argument for the additional smoke detectors that were not required when your home was built.
As with all code issues, there is a fair amount of discretion on the part of the local building jurisdiction and the individual inspector. In some cases, it is the tradesperson who is pushing for the upgrade, so don’t hesitate to ask if an upgrade is required by code or just recommended by the contractor. Some old systems are perfectly safe and functional, so it’s worth asking whether the additional work is required by code.
The septic system inspection is a separate issue. Here, it sounds like the town was using its leverage over your building permit to force an inspection and possible upgrade. This is a trend in areas where older septic systems or cesspools are polluting the groundwater. If you system is found to be failing, you could be in for an expensive upgrade, but one that you would need to deal with sooner or later. — Steve Bliss, Editor, BuildingAdvisor.com
David Lutz says
Do I Need Building Permit to Enclose a Porch?
I am enclosing my front porch. The existing porch has a concrete slab and a roof overhand.
The house was built in 1952. The porch is in excellent shape. The walls that I’m putting up are non-load bearing walls. The glass windows make up 80 square feet. The wood paneling make up 147 square feet. So my question is: According to NC Code are the footers grandfathered in and need no inspection or alteration? Does this enclosure meet the wind load requirements? The entire space of the flooring is only 140 square feet. So, do I even need a permit since I, the home owner is doing all the work and I plan to continue living there? What does the NC Code say regarding this? I live in Bessemer City, NC.
buildingadvisor says
Building codes are written, interpreted, and enforced at the local level in the U.S. Every city, town, county, and state has its own rules. While many adopt the same model code — typically the IRC (International Residential Code) for residential work, the version of the IRC may vary from town to town, as well as its interpretation and local changes to the code.
Whether or not you need a permit for a given project is strictly up to the local municipality. Where I currently live in a small New England city, you would definitely need code for your project for a couple of reasons: You are changing the enclosed square footage of the house and the work changes the appearance if the house from the street.
As stated in our local code, a permit is required for, among many other things:
1. Additions to existing buildings, garages, accessory buildings, or other structures.
2. Alterations to building elevations/appearances including, but not limited to, re-siding or window replacement (or addition) or other changes that alter trim details or otherwise change the exterior appearance.
3. Change of use or expansion of use.
In some towns, small porch enclosures of less than X square feet are excluded. It really depends on the specific code language and how it is interpreted by the local inspector. It generally doesn’t matter whether you are hiring a contractor or doing the work yourself.
Regarding the footings, most likely they are currently grandfathered, but may lose that status if you alter that space. Often, you are required to bring adjacent work up to the current code if you remodel. For example, you will need to bring the plumbing in a bathroom up to the current code when you remodel.
Bottom line: You can most likely access you local code online which may offer clues, but you would really need to check with your local dept. of building inspection for a definitive answer on permitting and structural issues.