Restaurant Remodel Without a Permit
A tenant is converting an 1,800-square-foot retail space into a restaurant. The contractor proposes to replace the existing three-compartment sink in the same location with a like-sized unit, add a mop sink in a janitor closet, relocate a 100-gallon water heater 12 feet, extend a 3/4-inch gas line to a new range, and cut a 2-inch cast-iron stack to install a cleanout. The contractor tells the owner that no permit is needed because the fixture count is unchanged and the work is "like-for-like." The inspector later finds the stack cut and covered with drywall. The owner asks whether the job can proceed while the permit question is resolved.
1. Which items in the scope require a plumbing permit, and which, if any, qualify as ordinary repair exempt from permitting?
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Start with what the code regulates, not with fixture count. A permit is required for installation, alteration, repair, replacement, relocation of plumbing, and for gas piping. The exemption for ordinary repairs is narrow: replacing a fixture in the same location, same size, and same connections can qualify.
Apply that to the scope:
- Three-compartment sink replacement in the same location: likely ordinary repair, but the work must still comply with the code.
- Mop sink addition in a closet: new fixture, new trap, new drain, new water supply = permit.
- Water heater relocation 12 feet: relocation and new connections = permit.
- Gas line extension to a new range: gas piping alteration = permit.
- Cutting a stack to add a cleanout: drainage alteration = permit.
The unchanged fixture count is irrelevant. The trigger is the work performed, not net fixture count.
2. What inspection sequence applies to the stack cut and cleanout, and what should happen now that the work is covered?
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Drainage and vent piping must be inspected at rough-in before it is concealed. The stack cut and cleanout are concealed work, so the inspector should require the drywall to be opened enough to inspect the fitting, joint, and cleanout. The contractor may not rely on the fact that the work is already covered.
The proper sequence is: permit issued, rough-in inspection approved, then concealment. If the work was covered without inspection, the inspector can require exposure and a re-inspection. The owner should not allow further covering of plumbing until the rough-in is approved.
3. What enforcement action is appropriate, and who bears responsibility for the unpermitted work?
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The inspector should issue a stop-work order for the unpermitted plumbing and gas work. The owner and the contractor both bear responsibility: the owner for authorizing work without a permit and the contractor for performing regulated work without one. The work must be permitted, inspected, and corrected if defective. The contractor's license and insurance status should also be verified. Proceeding with other trades does not cure the unpermitted plumbing; the plumbing must be brought into the permit and inspection process before final approval.