It’s a small list of what doesn’t need a permit — paint, papering, tiling, cabinets, countertops.”

Matthew Kent, Portsmouth's building official

So what needs a permit, and what doesn’t?

While regulations and requirements vary, generally you will need a building permit for most projects.

This includes remodeling work and exterior work such as roofing, siding, decks, swimming pools, sheds, detached garages, and temporary structures.

Work that does not require permits is limited to paint, wall coverings, flooring and cabinetry. Fences under six feet tall and landscaping generally do not need permits.

While ordinary repairs can normally be done without a permit, most electrical, plumbing, and mechanical work will require a special permit before it can be undertaken.

It’s best to check with the Building Inspection Department to see if a building permit is required before starting any project that involves construction. Visit portsmouthri.gov/138/Building-Inspection, call 401/683-3611, or e-mail Building Official Matthew Kent directly at mkent@portsmouthri.gov.

PORTSMOUTH — Did you recently replace a board on your outside deck but didn’t bother applying for a building permit?

If so you’re not alone, according to Building Official Matthew Kent. There are many seemingly minor home improvement projects for which many residents don’t pull permits, but usually not because they’re trying to get away with something, he said.

In light of recent accusations by East Main Road “spite lot” owner Michael DiPaola that led to the resignation of a town prosecutor for failing to obtain building permits on his property, Kent sat down for an interview to discuss just what does — and what doesn’t — require a permit.

“We have so many complaints and we have a concerned citizen who drives around and likes to complain,” said Kent, who became building official in February after working as the town’s building inspector since 2018.

“(DiPaola) does have a point, however. There are a lot of people working without permits. And, it’s basically because they don’t know,” he said.

There are projects that don’t require a building permit, of course. They include sheds smaller than 200 square feet (just make sure it’s anchored to the ground so it doesn’t blow away in a big storm), or fences under six feet high.

“It’s a small list of what doesn’t need a permit — paint, papering, tiling, cabinets, countertops,” said Kent. “We get phone calls all the time: ‘Oh, I’m renovating my kitchen. Do I need a building permit?’ Well, if you’re just doing cabinets, countertops, flooring — no, you don’t. If you start breaking into the walls to install outlets or to change things? Yes, you do. Most things are covered by a building permit.”

Tearing down your deck? You need a permit. Repairing shingles on your porch? You need a permit for that, too. Bought a pool at BJ’s or Job Lot that holds more than 24 inches of water? You need a permit to install it, as well as a four-foot barrier around it.

One of the biggest misconceptions is that replacing deck boards does not require a permit. “The decking is part of the structure because it holds the joists together. I know in some other towns (such as in Tiverton) it’s not required, but when you read the (Portsmouth) code, the decking is actually part of the structure,” Kent said. “There’s no gray area. If you’re doing alterations, removal, or enlargement, you need to have a permit.”

He’s had to chase down a number of complaints, like homeowners who have rotting windows and go to Home Depot. “They talk to the guy there and he says, ‘Oh yeah, you take the window out and you put this in.’ They go home and start doing the work, and then we get a phone call. We have to go out and say, ‘You’re working without a permit,’ and have to give them a late fee.”

Not the bad guys

Kent insists, however, that the permit process is there for a reason — and it’s not to rankle homeowners.

“A lot of people think we’re out for a money grab, but it protects the homeowner with a lot of things,” he said, adding he wants to work with residents so they can avoid any unnecessary fines or strife. 

His office recently received Town Council approval for a one-time release from the late permit fine. “If the homeowner in reality didn’t know they needed a permit and within 24 hours makes the corrections, we’re not going to give them a (fine),” he said.

Added Town Planner Lea Hitchen, “It helps out the homeowners who simply don’t know. That’s what the whole modification is for.”

The late filing fees — $500 for a first offense, $1,000 for a second — are intended mainly for contractors who often work without permits and should know better, said Kent.

“We have a number of contractors we’ve applied that to. We have other contractors who do these large summer homes or cottages, and a $1,000 fine to them is nothing, so they just put it in their cost of business. For the habitual offenders, we’ve been able to increase that,” he said.

Roofing companies are “notorious” for ignoring late fees, he said. “They’ll take their chances with not getting a permit because they’re in an out in a day — ‘Who’s going to catch me?’” he said.

Often times, however, the work is done over the weekend and not discovered until Monday, when the contractor is difficult to track down. “If we can’t find the contractor that’s done the work, we have to go over to the homeowner. We’ve had a couple we’ve had to bring to court because of that. So, it’s in the homeowner’s best interest to make sure their contractors have permits,” Kent said.

Busy, busy

Kent is a staff of one since the town hasn’t yet been able to fill the position of building inspector — a job he must take on as well. Since Jan. 1, his office has issued 363 building permits, 220 electrical permits, 252 mechanical permits, and 82 plumbing permits. 

“When a complaint comes in, I have to stop what I’m doing,” he said.

While his office is busy — he gives clerk Heather Raposa a lot of credit — Kent says he’s always happy to help residents and encourages them to e-mail him at mkent@portsmouthri.gov with questions. “They can always shoot me a picture: ‘Does this need a permit?’”

Much of the information is also available on the town’s website, said Aaron Lindo, assistant town planner and zoning enforcement officer.

As for the vacant building inspector job, Hitchen said it will be advertised until the job is filled. 

“We have put the building inspector position out for several months now. There’s nobody interested in applying for this job. One, because it requires certain certifications; and two, there are many people who have the capacity to be a building inspector but can make double, triple the money being the contractor,” she said.

Hitchen also believes Portsmouth has a reputation, due to the overwhelming number of complaints from DiPaola, “that it’s not worth it” to work here. 

“There are other communities that have been able to fill the building inspector position quite quickly,” she said.