Frequently Asked Questions

International Residential Code (IRC):  Applies to detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height.

Required: 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, 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 to the building official and obtain the required permit.

Work Exempt From a Permit:

BUILDING

• One story detached accessory structures used as tool and storage sheds, playhouses and similar uses as long as the floor area is not greater than 200 square feet and it meets the requirements of an Accessory Structure as per Durham Zoning Ordinance, Article XX, Section 175-109(B). However, a Building Permit Application must be submitted for Zoning Setback review (no fee for review).
• Tents under 400 square feet
• Fences less than 6 feet in height.
• Retaining walls less than 4 feet in height measured from the bottom of the footing to the top of the wall, unless it is supporting a surcharge.
• Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons, and the ratio of height to diameter or width is not greater than 2:1. 
• Sidewalks and driveways. However, a Building Permit Application must be submitted for Zoning Review to create, expand, pave, or replace a parking space, parking area, or driveway (no fee for review). 
  See also DPW Application for Driveway Permit
• Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. Full renovations of kitchens and/or bathrooms will require a Building Permit.
• Prefabricated swimming pools that are less than 24 inches deep.
• Swings and other playground equipment.
• Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support.
• Decks not exceeding 200 square feet in area, are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 (IRC). However, a Building Permit Application must be submitted for Zoning Setback review (no fee for review).

ELECTRICAL

• Listed cord-and-plug connected temporary decorative lighting
• Reinstallation of attachment plug receptacles but not the outlets thereof.
• Replacement of branch circuit overcurrent devices of the required capacity in the same location.
• Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
• Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

• Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe
• Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

MECHANICAL

• Portable heating appliances.
• Portable ventilation appliances.
• Portable cooling units.
• Steam, hot or chilled water piping within any heating or cooling equipment regulated by IRC.
• Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
• Portable evaporative coolers.
• Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower or less.
• Portable fuel cell appliances that are not connected to fixed piping systems and are not interconnected to a power grid.

PLUMBING

• The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made.
• The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require replacement or rearrangement of valves, pipes or fixtures.

The International Building Code (IBC): Applies to all buildings or structures that do not conform to the prescriptive provisions of the IRC. See IBC Work Exempt from Permit.

If in doubt about whether a permit is needed, either submit an application or schedule a meeting with the Code Enforcement Officer to discuss the project.