Old red brick wall with worn, recessed mortar joints

When L&I wants a building permit

L&I's building permit page lists the projects that need a permit before work starts. Among them are changing a structure's interior or exterior, partly or fully demolishing it, and major repairs that are not part of regular maintenance. The same page lists work that often needs no permit when the property is not on the Philadelphia Historic Registry, and two items on that list matter for chimneys: repairs related to regular maintenance, and pointing masonry.

For a chimney, that tends to put small upkeep, such as repointing worn joints, replacing a cap or sealing a crown crack, on one side of the line, while rebuilding a stack, taking one down or extending one sits on the other. The exact scope decides, and L&I has the final word. When a job sits near the line, ask before work is scheduled rather than after.

How chimney jobs usually sort

The table below is a practical reading of L&I's lists for a typical non-historic row house or twin. It is a starting point for the conversation with L&I or your contractor, not a ruling on your job.

Typical chimney jobs and the permit question in Philadelphia
JobLikely permit pictureWhy
Repointing mortar jointsOften none if not historicL&I lists pointing masonry
New cap or crown sealingOften none if not historicRegular maintenance repair
Rebuilding the stack above the roofBuilding permit likelyMajor repair and exterior change
Taking a chimney downBuilding permit likelyPartial demolition of the structure
Extending a chimney or ventEZ permit if it qualifiesL&I's chimney and vent extension standard
New or changed applianceSeparate mechanical permitExcluded from the EZ standard

The EZ permit for chimney and vent extensions

L&I publishes an EZ Permit Standard for chimney and vent extensions that lets a permit be issued without submitting plans, as long as the job meets its conditions. Any deviation from the standard can lead to the permit being revoked, and deviations require plans. The standard deals with raising an existing chimney or vent so its top ends at the required height above nearby construction, which is the usual need when a neighbor builds up.

Its main conditions are short and specific.

  • Applies to one- or two-family dwellings that are three stories or less
  • Covers extensions of existing chimneys and vents for listed residential-type appliances
  • The owner of the property being worked on must authorize the application
  • Like materials are allowed for repairs if no dangerous or unsafe condition is created
  • Installing or changing an appliance needs a separate mechanical permit
  • Historically designated buildings need prior Historical Commission approval

What the extension standard asks of the work

Beyond paperwork, the standard sets construction requirements. The extended chimney or vent has to reach the termination height its table sets for the vent type, measured from the adjoining construction. Bracing is required at every floor and ceiling or roof line of the new building beside it, and if the chimney or vent is anchored to the exterior wall of the adjoining property, the permit holder has to get that owner's authorization.

The standard also says devices that slow the flow of vent gases may not be installed in a connector, chimney or vent, and that for factory-built chimneys and certain vents, the manufacturer's specifications must be on site during inspections. Extensions of some metal vents need an enclosure with a minimum insulation rating. Those details are why a chimney extension is a job for someone who has read the standard, not a quick add-on.

Extensions most often come up because a neighbor is building a taller house or adding a floor. L&I's regulation on protecting adjoining property puts the first duty on the person doing that construction when your chimney or vent sits within 10 feet of it: they must take reasonable steps to have it extended or offset, which starts with a written notice to you at least 60 days before work. A separate mechanical permit, authorized by you, is required for the work on your chimney. Answer that notice; the regulation shifts responsibility to the owner who rejects it or does not respond.

Who can apply and who can do the work

Any property owner or an authorized agent, such as a contractor or design professional, can apply. L&I accepts applications online through its eCLIPSE system or in person at the Permit and License Center, and applications are filed under the legal address set by the Office of Property Assessment.

L&I's guidance says a licensed Philadelphia contractor must perform permitted work, with exceptions for existing one- or two-family homes that do not need an electrical or plumbing permit: an owner who lives in the building may do the work, as may a registered Pennsylvania home improvement contractor holding a Philadelphia commercial activity license. Ask any contractor for their license details and check them with the city.

Historic properties

If the house is on the city's historic register, the Historical Commission has to approve the work first. L&I's page states plainly that it will refuse a permit application without Historical Commission approval. For online applications, the Commission reviews electronically and sends its approval directly to L&I; for in-person filing, plans need the Commission's stamped approval.

Rowhouse chimneys are part of the streetscape, so expect the Commission to care about brick, mortar color and joint profile, and the look of the top. Plan the materials with that in mind, and note that on historic properties even work that would normally count as maintenance may need review.

Outside the city: the Pennsylvania picture

Outside Philadelphia, Pennsylvania's statewide building code is the Uniform Construction Code, which adopts International Code Council model codes in whole or in part. The state says most municipalities enforce it locally, either with their own staff or through private third-party inspection agencies. Philadelphia works under its own Philadelphia Building Construction and Occupancy Code, which L&I applies.

So the answer for a chimney in Delaware County, Montgomery County or Bucks County comes from your township or borough code office, and in the city from L&I. Requirements and forms differ by municipality, and a call to the code office before work starts settles the question.

Common Questions

Do I need a permit to repair my chimney in Philadelphia?
Routine maintenance repairs and pointing masonry often do not need one if the property is not historic. Major repairs, exterior changes, demolition and chimney extensions do. Ask L&I about your exact job.
How do I apply for a chimney permit in Philadelphia?
The owner or an authorized agent applies to L&I, online through eCLIPSE or in person. A qualifying chimney or vent extension on a small home can use the EZ permit standard without plans.
What is the Pennsylvania chimney code?
Chimney rules sit inside the building codes rather than a separate chimney code. Pennsylvania's Uniform Construction Code adopts International Code Council model codes, and Philadelphia applies its own Building Construction and Occupancy Code.
Does replacing the boiler need a permit too?
The EZ chimney standard says installing or modifying an appliance needs a separate mechanical permit. Confirm the details with L&I and your heating contractor.
My house is historic. Can I repoint the chimney without approval?
L&I's no-permit list applies to properties not on the Historic Registry. For a historic property, check with the Historical Commission before any exterior masonry work.

Need help with this? See our chimney repair service, or call (844) 468-2410 for a free written estimate.

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