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Replacing existing patio stones around an inground pool with new stones

T

townofgardiner

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Joined
Sep 7, 2023
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5
Location
Ulster County NY
State or Country
New York State
Owner - Contractor - Design Professional
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Here's some context to my question. I work in Ulster County NY as a CEO / Building Inspector in a town that is very conservation minded. There's a property on the ridge that I have had repeated complaints from locals (not neighbors, people on various environmental boards) that the property owner is working without permits among other things. The owner is currently redoing the patio around their inground pool. The pool and patio originally went in the 1980's. I told the owner that the patio stone replacement doesn't require a permit. They are also replacing the handrails on the existing deck that were rotted. Again, I told the property owner that no permit was required since it's routine maintenance and they are replacing in kind. I stand by this. Would anyone on here require a permit? I have yet to find anything in the NYS Code that makes me think they need a permit for repairing / replacing hand rails. I don't think you need a permit for a patio (yes the bonding issue with the inground pool, but they aren't excavating just replacing stones).

All that to say; would you require a permit and / or are there any municipalities in NY north of NYC that require permits for hardscape? Even when I was a contractor in NYC patios didn't require permits.
 
is the earth disturbance patio stones within any regulated wetland or stormwater run off jurisdiction, if not good wiht that.

My take on rail replace it is governed by the code permit required. Replacing few balusters and or a bit of cap rial is an ordinary repair, replacing the whole thing is not.
 
TheCommish said:
is the earth disturbance patio stones within any regulated wetland or stormwater run off jurisdiction, if not good wiht that.

My take on rail replace it is governed by the code permit required. Replacing few balusters and or a bit of cap rial is an ordinary repair, replacing the whole thing is not.
Click to expand...
They only replaced the cap rail.
 
townofgardiner said:
Here's some context to my question. I work in Ulster County NY as a CEO / Building Inspector in a town that is very conservation minded. There's a property on the ridge that I have had repeated complaints from locals (not neighbors, people on various environmental boards) that the property owner is working without permits among other things. The owner is currently redoing the patio around their inground pool. The pool and patio originally went in the 1980's. I told the owner that the patio stone replacement doesn't require a permit. They are also replacing the handrails on the existing deck that were rotted. Again, I told the property owner that no permit was required since it's routine maintenance and they are replacing in kind. I stand by this. Would anyone on here require a permit? I have yet to find anything in the NYS Code that makes me think they need a permit for repairing / replacing hand rails. I don't think you need a permit for a patio (yes the bonding issue with the inground pool, but they aren't excavating just replacing stones).

All that to say; would you require a permit and / or are there any municipalities in NY north of NYC that require permits for hardscape? Even when I was a contractor in NYC patios didn't require permits.
Click to expand...
What does your local Code Enforcement Program say? That is what the state of NY refers to for permit requirements under the Residential code..

[NY]R105.2.1​

A building permit shall not be required for work in any category that is excluded from the building permit requirement by the authority having jurisdiction’s Code Enforcement Program, provided that Part 1203 allows an authority having jurisdiction to exclude such category of work from the building permit requirement. Exemptions from building permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of any provision the Uniform Code, any provision of the Energy Code, or any provision of any other applicable law.
 
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