Renovating Older and Historic Buildings in Vermont

What you need to know about historic status, building codes and resources.

Vermont is full of beautiful old buildings and many downtown areas have structures in need of rehabilitation or repair. This brochure is intended to help anyone interested in renovating or repairing an older building. Our goal is to help you identify the information and permits you need to get started. There are many organizations and state agencies that provide technical assistance and resources to assist in renovation efforts. We have outlined some of the available resources in this brochure. Do not hesitate to contact our department or the Vermont Division for Historic Preservation for additional information on these resources. We are happy to assist you in finding out what you need to know to make your renovation a success.

Vermont Department of Public Safety
Fire Safety Division

Identifying a Historic Building

A "historic" building or structure means any structure that is listed on, or eligible for listing on, the National or State Registers of Historic Places. The Vermont Division for Historic Preservation has inventories of over 30,000 buildings and can help assess whether unlisted buildings are eligible for listing. You can contact the Division for Historic Preservation, Agency of Commerce & Community Development at 802-828-3046 to get information on the status of your building.

Forty percent of Vermonters live in historic buildings, and we all cherish landmark libraries, town halls, schools, and churches that give our communities unique identities. Bringing these public buildings into compliance with codes sometimes presents significant challenges, but it is worth the effort to find creative solutions to make them firesafe and accessible without destroying their character.

Funding for Historic Preservation Projects

The Vermont Division for Historic Preservation maintains a list of funding sources available for historic preservation. The list includes available funding for non-profits, municipalities, and private business and is updated each year. Many funding sources require that an applicant provide money or in-kind time or services to match a grant. All sources can provide specific information on matching requirements.

Public Buildings

Department of Labor and Industry permits and standards apply to all public buildings. A public building is any structure that the public might have occasion to enter. All structures are public buildings except an owner-occupied single family dwelling, a residential day care facility, or a working farm. The Fire Safety Division in the Department of Public Safety is responsible for all building, construction, and occupancy permits in these buildings.

The Vermont Department of Public Safety, Fire Safety Division also administers fire, electrical, plumbing, boiler, and building codes; as well as handicapped accessibility requirements in the state. The Department relies predominantly on national standards such as the National Fire Protection Association (NFPA) codes and the Americans with Disabilities Act. Although the Department relies on a consistent set of standards, there are many different classifications within these codes. This brochure aims to assist you in understanding how these codes are applied to historic buildings in Vermont.

Each building is unique and may face a different combination of requirements than its neighbors. A complete list of all codes referenced by the Fire Safety Division is available from your regional office.

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 Code. Even if you have received a local permit you must apply for a state permit if you are renovating a public building.

A small number of municipalities have agreements with the Department of Public Safety, Fire Safety Division, where town officials enforce building codes on behalf of the state. These towns include Burlington, Barre, Bellows Falls, Bennington, Brattleboro, Hartford and Winooski. The scope of these agreements varies. If your building is located in one of these communities, make sure to check which permits are issued locally and which are administered by the state. Under all these cooperative agreements, a building owner may appeal local decisions to the state level.

Flexibility for Historic Buildings

The Department of Public Safety, Fire Safety Division emphasizes problem solving at the regional level. Assistant Fire Marshals in the four regional offices are trained to assist in identifying creative solutions in a collaborative fashion. It is important for building owners to identify historic building features early in the permitting process and to discuss these features with code officials. Architects and fire safety engineers who have experience working with historic buildings can often help identify solutions.

This historic stair meets code standards for existing stairs and can remain in place. The balusters of existing stairs can be 6 inches apart, and handrails can be as low as 30 inches. New construction would require different

The fire prevention codes used in Vermont include different standards for new and existing buildings. In many cases, the sections on existing buildings contain exceptions that allow existing features to remain in place. Two especially helpful code documents from the National Fire Protection Association are NFPA 909 and NFPA 914. These give help on planning for fire safety in historic buildings and provide fire ratings for historic materials. These codes acknowledge the level of fire safety inherent in many old materials and features and guide builders on how to make historic buildings safe without destroying their character.

Construction and Renovation Permits

If you are undertaking major renovations, or putting an addition on a building, you must submit the plans to your regional Fire Safety office for review. The plan review fee is $4.50 per $1,000 valuation for new buildings and $3.75 per $1,000 valuation for structures built prior to 1983. You will receive a plan review letter informing you of any changes or required alterations. Plans should take no more than 30 days to review and generally take about two weeks. Your regional office can provide you with any details about this process and can update you on the time frame for your plans.

Variances

The variance process allows certain code requirements to be waived if an equivalent level of fire safety is provided through alternate means. If you own a historic building you can seek a variance from the Vermont Historic Variance Appeals Board. A request for a variance or exemption may be granted when an applicant has demonstrated that strict compliance would entail practical difficulty, unnecessary hardship, or would damage or destroy the architectural integrity of the historic building or structure, or is otherwise found unwarranted. Requests for a variance should be sent to the Commissioner of Public Safety.

The Department of Public Safety, Fire Safety Division, has established a local variance process in the Fire Safety Division. This gives inspectors and regional managers greater flexibility to reach agreement and find creative solutions for building owners. Applicants continue to have the authority to apply to the Commissioner, but most cases are now resolved before reaching that level.

Inspections and Regulatory History of Buildings

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

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.

Code Compliance Resources

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 compliance issues and is free of charge. It was prepared by students in 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.

Sprinkler systems protect buildings and their occupants, and often allow much greater flexibility in meeting code requirements while retaining historic building features. In locations that lack a municipal water supply, it is possible to create an on-site water supply.

Handicapped Accessibility

Public buildings need to comply with state handicapped accessibility requirements and these rules apply when a building is undergoing an alteration. Vermont rules are stricter than the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). These rules do apply to churches and private clubs, but not to owner-occupied lodging establishments with 5 or fewer rooms. The Vermont rules require vertical access such as elevators or lifts in most multi-story buildings. Unless required by federal law, dwelling units which consist of three stories or less and two or three story retail establishments with a total of 15,000 square feet or less shall be exempt from any requirements pertaining to the installation of elevators. Owners may request a variance from Vermont access requirements from the Vermont Access Board, based on excessive cost or harm to a buildings historic character. To request a hearing before The Vermont Access Board contact the Commissioner's office at the Department of Public Safety.

 Making historic buildings accessible to people with disabilities begins with getting people into the main floor. Here, a graded ground path gently slopes up to the porch deck, which leads to the front door. The IRS offers a 50% federal tax credit to help small businesses make their buildings accessible. 

The Americans with Disabilities Act and the Vermont rules do include special provisions for historic properties and allow alternative minimum accessibility requirements for qualified historic properties. Generally, these include allowance of a short section of steeper ramp, use of a secondary entrance, and provision of a single rest room. Qualified historic properties include properties listed in or eligible for listing in the National Register of Historic Places and those designated under state or local law. Contact the Vermont Division for Historic Preservation for additional information in this area.

The National Park Service of the US Department of the Interior has published a pamphlet titled, "Preserving the Past and Making it Accessible for People with Disabilities" which discusses the legal aspects of bringing historic buildings into compliance with accessibility laws. The Park Service also publishes a preservation brief on making historic properties accessible. Both publications are available from the Vermont Division for Historic Preservation.

The organization Historic Windsor Inc. in Windsor, Vermont offers a video titled "Entrances to the Past" a video explaining accessibility for historic properties. Historic Windsor can be reached at 802-674-6752.

Designated Downtowns

Vermont law, enacted in 1998, offers incentives to entities seeking to develop in certain downtown areas. State tax credits can help pay for code improvements in historic buildings. Contact the Vermont Downtown Program at 828-3211 for more information. If you are rehabilitating a building in a designated downtown area, you are eligible for technical assistance from the Department of Public Safety. The Regional Manager in each of our four regional offices has been designated a downtown specialist and will work closely with you on your project. Regional offices have experience in developing successful solutions in these areas and will work with you on these important issues.

Twenty percent of Vermont's economy-jobs and businesses-reside in historic downtowns. Reusing existing downtown buildings, including upper floors, enhances town centers and avoids commercial sprawl. The Department of Public Safety is committed to supporting downtown revitalization efforts and ready to help solve code compliance problems in historic downtown buildings.

If you are installing a sprinkler system in an older or historic building in a designated downtown, you may be entitled to a rebate for up to $2000 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 on downtown buildings to provide you with reasonable and clear expectations of what overall work will be required in specific buildings.

Electrical Work, Fire Protection Equipment, Boilers and Plumbing

If new electrical work is done at your building, the electrical contractor is required to file an electrical work notice with the Department. Working electricians are also required to hold the appropriate licenses. You may wish to check with your contractor to make sure that appropriate requirements are met. There are two electrical inspectors in each regional office.

Fire Protection Equipment includes fire alarm systems, sprinklers and suppression systems on kitchen hoods. Depending on your building, you may be required to have some of these systems installed. All of this equipment must be inspected annually by Technically Qualified Persons certified by the Department of Public Safety. It is possible to obtain a list of all qualified individuals from the Department.

Many buildings have boilers for the heating system and all commercial boilers are inspected annually. If you carry insurance, an insurance company representative inspects your boiler. Public Safety inspects all other boilers. When a boiler is inspected a Proof of Inspection (POI) sticker is attached. Please check your boiler to make sure that it has a recent inspection sticker. There is a fee for each boiler inspection.

The Department of Public Safety employs a plumbing inspector who makes random inspections of plumbing work being done in public buildings. Plumbers must file a plumbing work notice with the Department of Public Safety. 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.

Other information and Permits

If you have questions about building regulations, or are selling or buying an older building, 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.