Projects Exempt from Permit Requirments

All construction activities, from initial site grading to interior improvements, alterations, and most repairs require a permit unless the work is specifically exempted by the building, mechanical, electrical, or plumbing code.

Work Exempt from a Building Permit

The following is a list of building, electrical, gas, mechanical, and plumbing work that may be performed without a building permit. If your project does not appear on this list of exempt work, you should assume that a building permit is required.

NOTE:  Although some work is exempt from a building permit, additional permits or review may be required. Before a building or structure is erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished, it is important to contact staff at Inspection & Construction Services to determine if any other permit or technical review is required.

Although a building permit is not required, the exempt construction/work must be code compliant. For example, re-striping a commercial parking lot is exempt from a building permit, however, the striping must conform to building code standards for accessibility and zoning standards for parking lot design. Failure to comply with code requirements may constitute a violation.

Although work may be exempt from a building permit, it may be subject to other city regulations (planning & zoning, right-of-way, etc.).

Building

Accessory Structures (Non-Dwelling)

One-story detached accessory structures used as tool or storage sheds or playhouses. Such structures shall not have a floor area that exceeds:

  1. 200 square feet when located on a parcel containing one- or two-family dwellings or townhouses not more than three stories in height.
  2. 120 square feet for all other locations.

Note: Electrical, mechanical, or plumbing work in connection with such structures requires a permit even though a building permit is not required for the structure itself.

Fences

Fences not over 7 feet high.

Note: While a fence may be exempt from a building permit, other requirements apply. Fences in required front yards are limited to four feet (4’) in height.   Ten feet of clear visibility shall be maintained at corner lots, in accordance with section 3-5 of the City of Dubuque Unified Development Code. Fences surrounding pools shall comply with applicable standards required by the building code.

Oil Derricks

Retaining Walls

Retaining walls, which are not more than 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II, IIIA liquids.

Note: For the purpose of this section, a retaining wall is considered to be a supporting a surcharge if:

  1. The wall retains more than one (1) foot of material and the retained material slopes more than two (2) units horizontal to one (1) vertical within a distance equal to twice the height of the wall above the lowest existing grade;
  2. The wall retains more than one (1) foot of material, and any road or structure is located on the retained material within a distance equal to twice the height of the wall above the lowest existing grade.

Water Tanks
Supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

Note: Must check with Planning Services for required setbacks from property lines.

Other Features

Patios, sidewalks, non-structural slabs, paving or seal coats on private property not located in the right-of-way.

Finishes

Painting, interior papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

Free standing Decks 

Note: Review this list carefully. Most decks require a permit.

A deck not requiring a permit must meet all the following conditions:

  1. Not more than thirty (30) inches above grade (at any point - measured from the walking surface).
  2. 200 Square feet or less.
  3. Free standing and not connected to any dwelling.
  4. Not over any basement or story below.
  5. Does not serve a required exit door.   

Replacement In-Kind

Replacement of interior doors with others of the same size, and in the same location when the structural frame of the opening is not altered.   

Note: Exterior door replacements require a permit.

Movable/Temporary Items

  1. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches high (for commercial occupancies). 
  2. Temporary motion picture, television, and theater stage sets and scenery.

Prefabricated Swimming Pools

Prefabricated pools accessory to a single-family dwelling that are not capable of containing water more than 24” deep, are not greater than 5,000 gallons, and are installed entirely above ground.

Children’s Play Structures

Swings, play structures, and other playground equipment, treehouses accessory to detached one- and two-family dwellings, which are not used for commercial purposes.

Shading Devices

  1. Window awnings supported by an exterior wall of a one- and two-family dwellings which does not project more than 54 inches and does not require additional support.
  2. Shade cloth structures constructed for nursery or agriculture purposes, not including service systems. Note: Plumbing, electrical, or mechanical systems associated with the structure require permits.

Minor Repair

  1. Minor repair of interior paneling or gypsum wallboard when it does not serve as a fire resistive assembly or as lateral bracing for a structure. Such repair is limited to 100 square feet (additional work in excess of 100 square feet requires a permit). This exemption shall not apply to structures subject to flood damage.
  2. Removal of up to 25% of exterior and/or interior coverings on walls or roofs or similar work for the purpose of determining the condition of structural members in a structure where work is being planned. Such work may remain exposed for a maximum of 90 days before being repaired. A permit must be obtained for the repairs. 

Electrical

  1. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
  2. Electrical equipment used for radio and television transmissions; other than the wiring for a power supply and the installations of towers.
  3. Installation of temporary systems required for the testing or serving of electrical equipment or apparatus.
  4. Listed (by any approved listing agency, e.g. U.L.) cord and plug connected temporary decorative lighting.
  5. Reinstallation or replacement of attachment plug receptacles, but not the outlets.
  6. Installation or maintenance of communications wiring, devices, appliances, apparatus or equipment.
  7. Repair or replacement of any overcurrent device of the required capacity in the same location.
  8. Electrical wiring, devices, appliances, apparatus, or equipment operation at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.

Gas

  1. Portable heating appliances.
  2. The replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
  3. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical

  1. Portable heating appliances, portable ventilation equipment, portable cooling units, and portable evaporative coolers. Portable fuel-cell appliances that are not connected to affixed piping system and are not interconnected to a power grid.
  2. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code.
  3. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less.
  4. The replacement of any part that does not alter the equipment’s approval or make it unsafe.

Plumbing

  1. The stopping of leaks in drains, water, soil, waste, or vent piping. However, if any concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, a permit shall be obtained and inspections made.
  2. 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 the replacement or rearrangement of valves, pipes, or fixtures.