Q: What type of work on my house requires a Construction Permit?

A: Below is a general listing of  Home Maintenance Projects that require a Construction Permit. 

  

Additions/Alterations A/C, New & Replacement Bathroom Renovations Decks Detached Garages Electrical Upgrades Finished Basements Furnace & Boilers, New & Replacement Generators  Kitchen Renovations Lawn Irrigation Systems New Detached Garage

Oil Tank Demolition Oil Tank Installations Pools/Spas/Hot Tub Radon Remediation Roofing Sheds Over 200 sq. ft. Siding Signs          Stone Pillars        Water Heater Replacement Window & Door Replacement (Only if size or function of window or door is changing)

Q. Does my project require Zonning Approval and/or a Construction Permit?

A. See Chart.

Activity	Zoning Approval	Construction Permit
*Additions	Yes	Yes
Air conditioner (central): Install or replace	Yes	Yes
Asbestos abatement	No	Yes
Basement: Refinishing or remodeling	Yes	Yes
Bathroom fixtures: Direct replacement	No	No
piping changes	No	Yes
Boiler: Replace or Install	No	Yes
Burglar Alarm: Install	No	Yes
Carpeting	No	No
Chimney: Repairs	No	Yes
* Commercial signs (exterior)	Yes	Yes
* Deck: Add or replace	Yes	Yes
* Demolition	No	Yes
Dishwasher: Install	No	Yes
Door (exterior): Replace existing with same size and type	No	No
Door (exterior): Adding, enlarging or eliminating	No	Yes
Driveway: Repair or repave	No	No
Duct work: Install new	No	Yes
Duct work: Repair or replace	No	No
Electrical: Any modifications or improvements	No	Yes
* Fence, Add or Replace	Yes	Yes  If Fence is around a pool or spa or if over 6ft in height

 

 

 

 

Fence: Repair 50% or less of existing fence	No	No
Fireplace: Add	No	Yes
Furnace: Replace	No	Yes
Generator: Stand-alone	Yes	Yes
Gutters: Replace or repair	No	No
Landscaping work	No	No
Lawn sprinkler	No	Yes
Lead paint abatement	No	No
Ordinary repairs	No	No
*Outdoor kitchen	Yes	Yes
*Painting (exterior or interior)	No	No
*Patio, Brick or Pavers	Yes	No
Plumbing: Any modifications or improvements	No	Yes
Remodeling or alterations (interior)	No	Yes
* Retaining walls, over 4 feet in height	Yes	Yes
Roof: Repairs involving less than 25% of existing roof	No	No
*Roof: Replace	No	Yes See Note 3
Roof top unit	No	Yes
Satellite dish	No	Yes
Septic system: Construct or abandon	No	Yes Issed by Board of Health
Sewer system: Connect to the public system	No	Yes Issued by Engineer
* Shed or Utility Building over 200 sq. ft: Construction	Yes	Yes
Siding: Add or replace	No	Yes See Note 4
Smoke Detectors: Add	No	Yes
*Solar Panels - Ground or Roof mounted	Yes	Yes
Spa/hot tub	Yes	Yes
Storm windows/doors	No	No
Stove: Replace electric with gas	No	Yes
Swimming pool: Add or replace	Yes	Yes
Tennis court: Installation	Yes	Yes
Underground Fuel or Septic Tank: Remove	No	Yes
Water Heater: Replace	No	Yes

 

Wall Repairs: Remove and replace sheet rock or plaster	No	Yes See Notes 1 & 2
Windows: Replace existing with same size and type	No	No
*Windows: Adding, enlarging, or eliminating	No	Yes

*If your project is within a historic district or The Main Street Corridor Historic Preservation Commission approval is requried prior to Zoning Approval & Construciton Permit.

Notes: Ordinary maintenance in one‐ and two‐family dwellings

1. Finishes – Installation, repair or replacement of interior finishes of less than 25 percent of the wall area of the dwelling. This shall include plastering and drywall installation. (1) Vinyl wall covering of any amount is ordinary maintenance; (2) Paneling is not ordinary maintenance. 

2. Non‐structural components – The repair or replacement of any non‐structural component, such as a partition.

3. Roofing – The repair or replacement (including total replacement) of any amount of existing roof covering on detached one‐ or two‐family dwellings.

4. Siding – The repair or replacement of any amount of existing siding. Exception: The repair or replacement of polypropylene siding is not ordinary maintenance. 

Q:  Why should I get a permit?

A:  Work that requires a permit that is done without a permit is illegal and can pose serious complications for you when you sell your house.

Penalties for failure to obtain a permit prior to construction are up to $2,000 for each offense [N.J.A.C. 5:23-2.31 (e)]. 

Through the permitting process the Construction Department's inspectors approves each phase of the construction process while checking to see the work is done safely and properly.
 
Q:  I like to do my own home improvements around the house and I'm not going to use a contractor, so why do I need a Construction Permit?

A:  Work without a permit is illegal and can pose serious complications for you when you sell your house.  Penalties for failure to obtain a permit prior to construction are up to $2,000 for each offense [N.J.A.C. 5:23-2.31 (e)].   

Work done by the homeowner requiring a permit must be inspected to ensure the work has been done according to code.

There are also legal and financial liabilities if you don't obtain a permit.

Any fire and homeowner's insurance you have will be invalidated if you do work without a permit. 

If there is a fire in your house, the insurance company may use the illegal work as an excuse not to pay on your claim.
 
Q:  How long will it take to get my permit?

A:  The size and scope of your project will determine the length of time for the review process. ie roof vs new home. 

Permitting can take several weeks or a couple of months. 

The completeness of the information submitted with your permit can greatly assist with the review and approval process.     
 
Q:  How much will by permit cost?

A:  The cost of permit is determined by the size and scope of your project. 

Two fees are determined for the permit.The first fee is determined by local ordinances and the second fee is determined by the New Jersey State Department of Community Affairs based on either the dollar amount of the work to be done and, if applicable, the total cubic volume of the new space to be built.

Q:  I will be using a contractor for my project; however, he said I didn't need a permit for the work?

A:  A reputable contractor should determine whether a permit is needed before the work is performed. 

Different municipalities have different requirements; therefore, check with the Building Department to confirm what is required in the Borough of Mendham.

Q:  Who calls for the inspections?

A: Either the homeowner or the contractor can schedule inspections. 

If you are using a contractor, be sure to establish who will be calling in for inspections before the work begins. 

Q:  My contractor said that the work was finished and I paid him, why do I need a final inspection?

A:  Final inspections should be completed before the final payment. 

A contractor who hasn't received final payment is more likely to come back and correct a failed inspection versus a paid one. 

The New Jersey Division of Consumer Affairs Rule:  N.J.A.C. 13:45A-16.2(a)10.ii states:  "FOR INSPECTION ON CONSTRUCTION PERMITS FOR:  BUILDING, ELECTRIC, PLUMBING, FIRE PROTECTION OR ELEVATOR, FINAL PAYMENT TO THE CONTRACTOR IS NOT REQUIRED TO BE MADE BEFORE A FINAL INSPECTION IS PERFORMED."

Q:  I am selling my home and I had some work done without a permit, now what do I do?

A:  Please call the Construction Department so this can be corrected.  A "retroactive" permit can be generated requiring the same fees and inspections as a regular permit. 

Please note the permit may take several weeks to process, please call the Construction Department as soon as possible to get the process going.

Q:  I obtained permits for all the work done on my home, do I get a certificate?

A:  Yes.  When the final inspections required are completed and passed, you will receive the appropriate certificate.  

Permits open and permits close.  If you have had work done on your home with a permit but did not receive a Certificate of Approval or Certificate of Occupancy, please call the Construction Department to check the inspection status of the permit.  If needed, we will schedule the necessary inspections to close the permit and issue the required certificate.

Q: Do I need a CCO on the resale or refinancing of an existing single-family dwelling?

A: The Borough of Mendham does not require the issuance of a Certificate of Continued Occupancy on the resale or refinancing of an existing single-family dwelling or commercially zoned building.

There is a requirement for an inspection from the Fire Prevention Bureau on the resale of any residence or change of occupancy of any resicential rental unit.

If you are in the sewer area you must also obtain a sewer connection inspection.