The Expert Podcast

…As a licensed general contractor many times one of the questions we get is regarding permits on a deck does a deck construction or deck. Repair need. A building permit Well, The codes obviously are different from state to state but here's a general. Way to look at deck permitting and deck requirements. This from the state of New Jersey. And they have what's called a code communicator where on a regular basis they come out with updated notices to let you know as a property owner or a builder, what is required and some of the common questions they get So. Here It talks about ordinary maintenance and minor work. Decks the construction or total replacement of a deck, the repair or replacement of part of a deck. That does not. Provide structural support. Is designated as no ordinary maintenance. The construction or complete replacement of a deck requires a full permit. This reflects no change. But what does it mean What are the actual wording in that requirement? And they talk about it More detail building projects is of ordinary maintenance and minor work. Do not require a permit application. What do they consider normal, maintenance. As far as decks are concerned. It makes it very clear any part of a deck. Porch or stoop, repair or replacement. That does not provide structure report. support does not need a permit. To be more clear, the repair or replacement of part of a deck that does not provide structural support is designated as normal maintenance. The construction or complete replacement of a deck requires a permit. So in this jurisdiction which may or may not be different from other places, If you're repairing an existing deck. You can normally do that without a permit. If you're constructing a new deck. Then you need a permit, some jury. also have. Differentiation between a deck of certain Heights If it's within 12 inches of ground level. It may not need a permit if it's, more than a foot off the ground it needs a permit. Let's look at another jurisdiction. This in Okaloosa county Florida. Where it has a permit guide for decks Very specific. This guide provides basic information to enable the completion of a building permit application for a deck. If the deck is below 30 inches with no roof. It will not need a building permit. So there's your, example of a designation below 30 inches and it doesn't have a roof. You can build it without a permit. If it's between 30 and 60 inches off ground. you will need a building permit but you don't need engineered plans You can kind of drop. a deck. Design on your own. Now decks will need hand rails guard rails and steps. A site inspection will determine compliance. So, how does that work for homeowner? Well, if you are. Doing a deck permit application You need proof of property ownership. You need two sets of construction plans If the deck is over 60 inches So if it's less above grade, if it's less than 60 inches you don't need. Full construction plans. Here's another example of differentiation in Lee county Florida, where if you're doing a permit for a deck. What are some of the differentiation for different types of decks Here you talk about. Different. Categories. He says construction drawings can be used for the deck If the deck is less than 30 inches in height and is not in a flood zone. So there's another trigger. They want to make sure if your deck is in a flood zone that it's built a certain standards. Another trigger is if the deck has four or more stairs or risers, And that's going to require handrails. Here's some other examples of what might come into play for a deck permit This happened to be in the Pacific Northwest. I believe it's an Oregon. and it kind of talk about some of the things for a deck. application. First is site erosion. They want to make sure that you're not building a deck in a place where even if it's a low deck even if it's less than a foot off the ground, if it's going to erode that deck might collapse. If the project will result in disturbing the ground. With the mechanical equipment or if the, it has less than 10% slope or more than 50 feet from a wetland There's another example. If you're close to a wetland even disturbing that soil might have an impact. On a stream or riparian district and even on low grade decks decks that are less than a foot foot and a half off the ground. They want to know what your foundation plan is where are the footings where the posts, because if you space. deck joist out too far. the deck may collapse It may not have the structural integrity if it gets rot or if it gets water. Especially in a place like the Pacific Northwest. Another, factor. even if the deck is low to the ground where there's no risk of somebody falling off or falling through, there may be a stormwater plan If it's going to add more than 500 square feet of impervious area when you build the deck, you're also affecting where that Rainwater's going It may not filter through the same way it would If it was undisturbed land it may actually flow off the deck into other areas and create. Drainage issue So they're going to want to take a look at whether that's going to happen or if there's an existing onsite sewage system meaning that if you have a septic tank, You might be putting water into the wrong place that would disrupt the proper operation of that septic system. And here's one last example from Nevada which kind of shows some of the ways that different jurisdictions approaches This is, Actually this is California I'm sorry Nevada county in California. replacement of an existing deck replace It means you are building a new deck in the same location and same size You're not increasing the size. And. That's going to be different if you're making a bigger. The following are required for deck replacements First of all you have to have photos of the existing deck…Photos. Must be submitted. Or the project will be considered a new deck application So if you can't show the old deck. Then they're just going to figure that you're building a new one. the deck shall be attached to the resident to resist lateral loads meaning that. If the deck is freestanding that's going to be a little bit different than if it's attached to the residence. If it's freestanding that deck can have forces on it that will move it sideways. It tells you what. Size post you need. if you have. Snow load exceeding 40. Pounds per square foot. You have to have engineering from a, basically from a architect and here are the post sizes. If you are going. Up to eight feet. You need four by four posts If you are going between eight and 14 feet you need six by six posts. Decks exceeding these limits require full engineering from basically an architect. So those are some examples of what goes into getting a permit for a deck. Usually the way to look at it is ground level. small deck. even a new construction is probably going to require some type of permit but once you start getting up above 12 to 18 inches above grade, you're going to need some additional. design requirements may be railings. you may be need different types of footings. You might need a footing intervals that are more complex than just having them on the corners. So. Check with your jurisdiction to see what the permit requires permits are before you start building a deck. Cause you may find that it's out of compliance and you might have to tear it down and start from scratch.