The main objective of a building permit is safety. Therefore, unpermitted work needs to be brought into compliance with all currently adopted codes. The building code is a minimum standard; previously unpermitted work that is not in compliance with the current code cannot be grandfathered, approved through modifications requests or approved through variances.
Resolving the issues caused by unpermitted work on one- and two-family dwellings is a common, but important endeavor for Boulder and most jurisdictions.
Inspections
Unpermitted work didn’t have the benefit of inspections prior to installation of finishes, so components such as drywall, tile, trim, etc., will need to be removed to allow for inspection of framing, insulation, plumbing, mechanical and electrical work. The first round of rough inspections determines the extent of finish removal needed to begin initial inspections. Additional material removals may be needed to ensure consistent code compliance.
Exterior Work
For exterior work, trim materials, siding, and/or insulation may need to be removed to allow structural inspection and compliance with the Wildland Urban Interface (WUI) code.
Decks must comply with minimum codes. Common problems include undersized footers, non-preservative treated wood, or decks built in the WUI that don’t meet fire-resistive materials provisions. If it cannot be brought into compliance, the deck will need to be removed.
Detached ADU’s will need to have fire suppression systems installed to comply with the minimum code.
Historic Preservation review is required for exterior work if the property is historically designated or if the building is non-designated, over 50 years old, and the work meets the definition of “Demolition (Historic).”
Permitting
If you receive notification that the existing conditions have not been legally established through permitting, review the Permit Application Guide page to learn about the building permit process. You will then need to follow the how to apply page to complete the building permitting process for the work.
Note that modifications will probably be necessary to meet current land use code standards or building permit requirements.
When you apply, please be sure to include a completed Retroactive Permit Disclosure Form and pictures of the existing conditions of the space as part of your upload documents.
Energy Conservation Code
If the scope of the unpermitted work includes features addressed by the City of Boulder Energy Conservation Code (CoBECC), then completing the CoBECC forms/worksheets are necessary. The forms are designed to ensure that the construction drawings have the information necessary to demonstrate compliance with energy conservation requirements.
Process
Wherever possible we will try to make it as easy as possible for inspections to occur with minimum damage. For example, instead of cutting out shower tiles to inspect a mixing valve, we will allow drywall in the closet behind to be removed for inspection of the mixing valve. For underground plumbing, the city at its discretion, will accept a letter from a licensed Colorado plumber that they have scoped the underground plumbing work and to the best of their ability they consider it to be in compliance with the currently adopted plumbing code.
Variance in the building code doesn’t exist. Alternative means and methods will be considered, but it’s still in compliance with the code—not a waiver of the code.
In addition to the required materials for the permit type of your project described on the how to apply page) , please also submit:
- Pictures of the existing conditions
- Retroactive Permitting Disclosure
When a property is your primary residence, you are able to do the work yourself with a Homeowner Contractor license. It is important to know that properties permitted with a Homeowner Contractor license are not eligible to be offered for rent for one year from the completion of the permit.