A Guide to Building, Construction, and Occupancy Permits in Vermont

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This brochure is intended to guide you in obtaining the appropriate Labor and Industry permits when building or renovating. It also highlights fire and building code issues you should be familiar with. Fire and life safety standards are designed to protect residents and visitors from the threat of fire and loss of life and are an important consideration for any building owner.

Public Buildings

Department of Public Safety, Fire Safety Division, permits and standards apply to all public buildings. A public building is any structure that the public might have occasion to enter. Most structures that are not owner occupied single-family dwellings, residential daycare facilities, or working farms are considered public buildings.  The Fire Safety Division in the Department of Public Safety is responsible for all building, construction, and occupancy permits in these buildings.

Local and State Review

Many buildings and renovations are subject to local zoning review by a city or town. A local building permit is not the same as a state permit from the Department's Fire Safety Division. The Division reviews buildings for compliance with the Vermont fire prevention and building rules. Even if you have received a local permit you must apply for a state permit if you are constructing or renovating a public building.

Plan Review:
Building Permits and Fees

A construction permit is required for new construction and alterations of public buildings to ensure that the building meets requirements for fire prevention and safety, and that access for persons with disabilities is provided.

If you are undertaking renovations, putting on an addition, or putting up a new building you must submit the plans and an application to your local Labor and Industry regional office for review. Construction permit fees are set by the Vermont legislature and are subject to change.  The fees are contained in Section 252 of Title 21 of the Vermont Statutes Annotated.  For current construction fees, please contact the nearest regional office of the Vermont Department of Public Safety's Fire Safety Division, or visit the Department's website.  You will receive a plan review letter informing you of any changes or required alterations along with your permit. Plans should take no more than 30 days to review and generally take about two weeks. Your local office can provide you with any details about this process and can update you on the time frame for your plans.

It is very important to submit plans for work before beginning construction. If you begin work without the appropriate permits you may be subject to administrative penalties or delays in your project. A copy of the application form for a permit is available on our website at http://www.vtfiresafety.org/fireprevention.htm.

Occupancy Permits

An occupancy permit is required prior to occupancy or use of a public building after new construction, alterations, or the use of the building changes from one occupancy type to another; or, in the case of a place of assembly, after a change of ownership or an increase in the number of occupants.

Once the construction work on your building is complete, an inspector will review the property to grant an occupancy permit. You must have an occupancy permit prior to opening your building to the public and should request an inspection 15 days prior to your occupancy date. The cost of the occupancy permit is covered under the construction fee. If there is no construction the change of use fee is $25.00.

Safety Codes

Department of Public Safety, Fire Safety Division standards are based on national codes including the National Fire Protection Association life safety code (NFPA 101) and fire prevention code (NFPA 1). These model codes are established through a consensus process involving interested parties. They are then adopted -through the public rulemaking process- by the Department. A complete list of all codes referenced by the Fire Safety Division is available from your regional office. The main office in Montpelier can also provide you with information on the public rulemaking process and any scheduled updates in the code.

Although the Department relies on a consistent set of standards, there are many different classifications within these codes. For instance, fire safety requirements vary depending on the type of occupancy and the characteristics of the building.

Accessibility for persons with disabilities

New buildings, and alterations, must meet standards of accessibility adopted by the State Access Board. In addition all buildings open to the public must comply with the Americans with Disabilities Act Accessibilities Guidelines
(ADAAG). If you are renovating a building ­ or changing its use ­ you may need to provide increased access to the building. Please contact the Department if you have questions about these requirements.

Electrical Work Notices and Permits

An electrical permit is required for all electrical installations in public buildings to ensure that the electrical wiring is safely installed. If new electrical work is done at your building, a licensed electrician is required to file an electrical work notice with the Department. Working electricians are required to hold the appropriate licenses. You may wish to check with your contractor to make sure the appropriate requirements have been met as their work will be inspected. There are two electrical inspectors in each regional office. You may contact the regional office to find out who is responsible for work in your area. The schedule of fees is contained in the Vermont Electrical Safety Rules and is based on the size and number of electrical components covered by the permit.

An energizing permit is required before any new electrical service is energized by the utility company. An electrical inspector will issue the energizing permit when the new installation is in substantial compliance with state requirements.

Boiler Safety

Many buildings have boilers for the heating system. The Department requires an annual inspection for all commercial boilers. If you carry boiler or machinery insurance, your boiler is inspected by an insurance company inspector. All other boilers are inspected by Fire Safety. When a boiler is inspected a proof of inspection sticker is attached to the operating certificate. Please check your boiler to make sure that it has a current certificate and inspection sticker.

Plumbing Work Notices

A plumbing permit is required for all plumbing installations in public buildings and any private residence which is connected to a public water and/or sewer system to ensure that the plumbing work is properly installed. The Department of Public Safety, Fire Safety Division employs a plumbing inspector who makes random inspections of plumbing work being done in public buildings. The inspector also checks the licenses of any individuals doing plumbing work on site. If any new plumbing work is being done at your building you may receive a random inspection. If you have questions about plumbing requirements, you can contact the Rutland Office of the Fire Safety Division.

The schedule of fees for plumbing permits is contained in the Vermont plumbing rules and is based on the size and number of plumbing components covered by the permit and whether the work is classified as priority or non priority work.

Fire Protection Equipment

Fire protection equipment includes fire alarm systems, sprinklers and other fire suppression systems, standpipes, fire pumps and generators. All of this equipment should be regularly inspected by Technically Qualified Individuals certified by the Department of Public Safety, Fire Safety Division. Kitchen hood suppression systems should be inspected every six months. Most other systems should be inspected annually.

It is possible to obtain a list of all certified individuals from the Department. Before choosing to work with a particular company you might wish to shop around for both price and quality of service.

Historic Buildings

If you own or are renovating a historic building you might wish to obtain a copy of "Fire Prevention and Building Code Compliance for Historic Buildings: A Field Guide". The publication provides illustrated solutions to common life safety code compliance issues and is free of charge. It was prepared by the University of Vermont Graduate Program in Historic Preservation in cooperation with the Vermont Division for Historic Preservation and the Vermont Department of Public Safety, Fire Safety Division.

Inspection Reports and Change of Ownership

If you are unfamiliar with the regulatory history of the building you own, or wish to buy, you can obtain copies of all file information from the Department of Public Safety, Fire Safety Division. Files are maintained at all of the regional offices. These are listed on the back of the brochure.

If your building has not been inspected recently it may be due for an inspection in the near future. Your building may also be inspected if a complaint about building safety or accessibility is forwarded to the Department. Prior to an inspection an Assistant Fire Marshal from your region will contact you and schedule a time to visit your building. A building owner, manager, or representative may accompany the inspector on a tour of the property.

Compliance Schedules

If your building is inspected and found to have violations of fire and building codes a compliance schedule will be set for all items. Some problems ­ such as nonworking smoke detectors ­ must be fixed immediately. Other issues can be resolved over a longer term. It is the Department's goal to assist you in meeting code requirements over a time period that meets life safety goals and that is manageable for owners.

Variances

You should be aware of the variance process. The variance process allows certain code requirements to be waived given an equivalent level of fire safety is provided through alternate means. Variances are also available for some state accessibility requirements. If you own a historic building you can seek a variance from the Historic Variance Board. Variances for newer buildings are granted by the Commissioner of Public Safety. If you are seeking a variance from state accessibility rules you may approach the State Access Board.

If you have any questions about the variance process, please contact your regional Fire Prevention office. The Department makes every effort to resolve these issues at the local level before proceeding with the formal process. The first step is to attempt to resolve issues with the Assistant Fire Marshal and then in collaboration with the Regional Manager.

Designated Downtowns

Vermont law, enacted in 1998, offers incentives to entities seeking to develop in certain downtown areas. If you are rehabilitating a building in a designated downtown area, you are eligible for technical assistance from the department. The Chief Fire Prevention Officer has been designated a downtown specialist and will work closely with you on your project.

If you are installing a sprinkler system in an older or historic building in a designated downtown, you may be entitled to the $2000 rebate included in the Downtown legislation. Please contact your regional office for further information.

The Vermont Department of Health administers Lead and Asbestos programs around the state. They have agreed to coordinate with the Department of Public Safety, Fire Safety Division on downtown buildings to provide you with reasonable and clear expectations of what overall work will be required in specific buildings.

Residential Building Energy Standards

The Department of Public Service provides technical assistance and expert advice regarding the energy standard requirements for new residential construction. This includes criteria that builders may use in lieu of computer or systems analysis of the building. For additional information contact the Vermont Department of Public Service at 1-888-373-2255.

Other Permits

If you have questions about building regulations or permits do not hesitate to contact the Department. You might also wish to visit our web site which includes information on our rules, frequently asked questions, and links to other relevant sites.

If you have questions about local permit requirements you should check with your local town clerk.

Please contact your regional District Environmental Office about other state permit requirements. Each district office has a copy of the permit handbook outlining permit requirements for all state agencies. You can visit the Agency of Natural Resources website at www.anr.state.vt.us to download any of the information included in the handbook.

The Department of Labor administers the Vermont Workers' Compensation program and Vermont Occupational Safety and Health Administration laws (VOSHA). Please contact us at (802)828-2288 if you would like additional information on these programs.