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Permits to "Repair in Kind"

The Less-Than-Ten-Percent Rule

When less than 10 percent of a structure is being "Repaired In Kind", a permit is required, but plans are not necessary.

"Repair in kind", means repair what was there with exactly the same material as the original work. Repairing the header over a door with another header of the same dimensions is "repair in kind". Enlarging the door and using a larger header, glue-lam beam, or steel beam is not. Please note that 10 percent refers to TEN PERCENT OF THE ENTIRE STRUCTURE
Below are examples of repairs in kind which do not need plans;

  1. Repair rotted floor joists.
  2. Rewire
  3. Repair roof framing
  4. Replumb
  5. Repair wall framing
When work is performed on an existing building, the new work must meet present codes, while the existing work can remain as is, provided there is no hazard to life or property. This important principle causes some confusion because some types of work CANNOT BE REPAIRED IN KIND. The code no longer permits them. Below are the most common of these types of work:
  1. Pier and post foundations are no longer permitted by the code for exterior walls of habitable structures. Therefore, they cannot be repaired in kind. If sections of a pier foundation are to be replaced, they must be replaced with a perimeter foundation, which meets the requirements of the building code. (Or, as is always the case, a design analysis may be submitted by an engineer.)
  2. Single wall construction of bearing walls is no longer permitted by the code. If bearing walls are replaced, a stud wall is required.
Applications for repair of projecting elements, such as decks*, porches, etc. must follow the following procedures:
  • These procedures apply only to applications for over the counter permits to repair in kind projections beyond the footprint of the building, such as decks, porches, overhangs, or trellises.
  • Applicants will need to provide one copy of a plot plan showing the property lines, the structure being repaired, and the location of the proposed work.
  • Applicants will need to provide a photograph of the existing projection to be repaired. If the applicant cannot provide this photograph (for instance, because the deck has already been demolished) a full set of plans will be required, and reviewed in the usual way.
  • When applicants bring these documents, they should sign up at the Zoning and Building Counters, and to go to the Zoning Counter first.




    •
  • Zoning Counter staff will determine whether or not the proposed work is taking place within the required setbacks, and that the proposed work is essentially the same as the existing structure.
  • If the proposed work is taking place within the required setbacks, or if the proposed work is not essentially the same as the existing structure shown in the photograph, a full set of plans will be required. Applicants should be aware that this review may find that the work cannot be performed, or that a variance may be required.
  • If the proposed work is not taking place within the required setbacks, and the proposed work is essentially the same as the existing structure shown in the photograph, the Zoning Counter staff will write APPROVED, with the date and staff initials, and direct the applicant to the Building Counter to issue the permit.
  • Building Counter Staff will issue the permit.
  • Building Counter Staff will incorporate the distance between the proposed work and the property lines into the permit description, and will attach the plot plan and photograph to the permit.
  • Building Inspectors will verify these distances at the first inspection. Building Inspectors will also verify that the proposed work is essentially the same as the existing structure shown in the photograph. Unlike setbacks on plans, a survey will not be required. Instead, if the distances or the proposed work are clearly misrepresented, the inspector will require plans, which will be reviewed by zoning and field verified.

Applicants should be aware that the inspector may require plans if inspection reveals that the work exceeds 10 percent or if the work is not really REPAIR IN KIND.

Applicants should also be aware that since there is no plan check on this type of permit, he or she is responsible for knowing and following the code. (We will, of course, check plans and issue them in the usual way if the applicant asks us to.)

* REPAIR IN KIND FOR AN UNCOVERED RESIDENTIAL DECK WITHOUT CONSTRUCTION PLANS

Requirements as follows:

  1. 12ft. height limit (Need engineering and plans if over 12ft. above grade)
  2. guardrails and open sides of stairway handrails shall have intermediate rails or an ornamental pattern such that a sphere 4 inches in diameter cannot pass through. CBC 1013.3
    • Stair handrails shall be mounted @ 34-38 inches
    • Guardrail height shall be 42 inches minimum and are required on all portions of deck greater than 30 inches above ground
  3. All mounting and fastening hardware shall be corrosion resistant.
  4. All weather exposed construction lumber shall be pressure treated or wood with natural resistance to decay per CBC 2304.11
  5. Building inspectors may require additional plans and analysis if, in their judgement, the work done exceeds the scope of the permit and/or conventional construction practice.
  6. Building inspector may require cross bracing
  7. A site plan is required
  8. Photos of the existing deck to be repaired.