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huissmulders

Contractor didn't pull permit! Minor remodel

huissmulders
6 years ago
Admittedly I'm freaking out a little. We hired a contractor to do an extremely minor bathroom remodel. It's basically changing out the floor from vinyl to tile and therefore adding radiant heating in floor, replacing counter top (stone company handling that aspect), tile backsplash, and changing out bath fixtures. The problem I'm worried about is the radiant heat. I guess at first I didn't realize how big a deal a radiant floor was electrically. And that's why I didn't even think about permits. Also, since I hired a licensed contractor I assumed they would get all necessary permits. I have hired contractors (gas plumber and deck builder) and they pulled the proper permits.
Well when the sub contracted electrician started talking about wires to my electrical panel that made me wake up in the middle of the night thinking that the work needed to permitted. Luckily we haven't gotten too far. But he has laid the thinset for the tile. Which means that the wiring is now covered up by concrete type stuff! He hasn't laid the tile yet. I'm so upset I was really looking forward to this remodel. Any chance that I don't need a permit? I asked him about it today and he seemed a bit defensive-asking me why I think I need a permit. But his answer was kind of 'I don't know' which was discouraging. This is a class A contractor. His came highly recommended and people said they really trusted him. So I'm sort of thrown for a loop. If it helps the bathroom is small-about 120sq feet. Please help with any solid info. We live in Central Virginia.

Comments (33)

  • PRO
    PPF.
    6 years ago

    You should contact the office that issues permits and ask them.

  • PRO
    Beth H. :
    6 years ago
    last modified: 6 years ago

    call your local city hall and ask for the building department. Ask them if a permit should be pulled for small bath radiant heat. I'm surprised your electrician couldn't answer your question. Both he and your contractor are top notch pros and they don't know the answers?? hmmmm...

    btw, i'm sure it's fine. however, you being the homeowner and the person paying, should get a legitimate answer to your concerns. be serious w/your GC and tell you would like an answer. If he says you do'n't need a permit, then make sure that's written somewhere on your contract stating so. That way if something should arise down the road, you're covered.

  • huissmulders
    Original Author
    6 years ago
    That was the plan but they aren't there until Monday. I was hoping that perhaps I might find something out here that would make me feel better about it in the mean time or strengthen my resolve if it is, in fact, a big deal. Thanks so much for answering. If any one else has something to add please do. I don't even know what the consequences would be for having un-permitted work done. Fine? Insurance problems? Trying to find out as much info as I can do I can make appropriate decisions.
  • PRO
    Patricia Colwell Consulting
    6 years ago

    Lets put it this way if the house burns down and it was caued by the wiring in your radient floor with no permit there is no insurance coverage.

  • Denita
    6 years ago
    last modified: 6 years ago

    Best to contact the building department and ask. It can be rectified and Patricia is right. Also, if you do work on your place without a permit and don't fix it, the fines can be enormous. In my area the fines are up to $1000/day. I'm not trying to get you upset. Just handle it with the building department for your city/county tomorrow. You will be glad you did. Always best to handle an issue head on rather than ignore it IMO. If you go right away to get the permit, probably no fine or very small fine will be charged. Most building departments are cooperative IME.

    One more point: if you look at the contract, I bet the contractor put the burden to pull a permit on the homeowner. Many of the contracts I see do that - they remove the liability from themselves that way.

    By the way, it is one sure way to devalue your home (not having permits). The liability transfers to the new buyer when (if) you sell down the road and remodeling without a permit is a disclosure item. IME the biggest violators of not pulling permits are those people in the construction industry. They don't want to waste the time or money even when we are talking only a couple of hundred dollars. Doesn't make sense to me.

  • smit2380
    6 years ago

    Denita is right about it being a disclosure item for buyers. Even if it is not disclosed, buyers can easily determine whether permits were pulled for renovation by contacting the applicable city or county office. We recently backed out of purchasing a house for our daughter because we discovered that the seller had not pulled permits for a ton of renovations. The seller ended up having to sell it for a lot less money.

    With that said, don't freak out this is probably fine. Where I am located, our permit office is so nice. Even if a permit should be pulled, they are really helpful during the process. (If there were yelp reviews for permit offices, I would totally leave a 5 star review for our local city permit office.)

  • PRO
    User
    6 years ago

    I am sure he is doing the work a lot cheaper than a true professional who would have done the right thing and obtained the proper permit. and then to have a "pro" in this exchange say not to worry baffles me


  • huissmulders
    Original Author
    6 years ago
    I'm not sure how the pricing compares. A lot of the bigger contractors in my area weren't interested in the job because it was so small. He is one of the smaller guys in the area but not some fly by night type. He came highly recommend. And I checked into him. He also seemed like someone with a lot of integrity which is why I'm so flabbergasted. I did review my contract again and all it says with regard to anything that might have to do with permits is that 'all work will be done to current residential building code' which I suppose I took to mean that necessary permits would be obtained. It's also not last minute he's busy so the job has been on the schedule for a couple of months.
  • Kivi
    6 years ago
    There is no reason to be concerned about the heating cables already being installed. The electrical connections are not done until after the tiling is done. If you need to get an electrical permit, there is still time to arrange it. Simply insist that required permits must be arranged.
  • huissmulders
    Original Author
    6 years ago
    Oh my goodness Kivi. Thanks so much. I sure hope that what you said turns out to be true!
  • simstress
    6 years ago
    When our heated floor was put in, the tile was finished, and then it was weeks before the electrician installed the thermostat and connected and tested the heating.
  • Kivi
    6 years ago
    The continuity of the heating cables should have been checked before they were installed to ensure all was well with them ( the instructions usually outline this). They should be checked again at your current stage ( prior to tiling) to ensure that nothing went wrong during installation. None of the work done so far should interfere with getting an electrical inspection.
  • huissmulders
    Original Author
    6 years ago
    Kivi...even though there's cement type stuff poured over it? Thanks so much for the info you're providing. I really appreciate everyone's responses.
  • User
    6 years ago
    last modified: 6 years ago

    The electrical inspector does not care what the product looked like coming out of the box, just that it is installed properly. Most problems come from installing the thinset, tile, and grout. Short of standing there watching them do all that work, the only way to inspect it properly is to test it after the tile is finished. Around here,for small jobs like that, we (liscenced, bonded electricians having a charge account with the city) call the electrical inspector at 8am of the day we will be doing the work. (After the tile is finished) Some place require an actual permit to be bought and paid for ahead of time.

  • huissmulders
    Original Author
    6 years ago
    Thanks Fred. That's good info!
  • PRO
    Beth H. :
    6 years ago
    last modified: 6 years ago

    Promethean Remodeling_,Don't say something like that directed at me. I was telling her not worry until she could call the building dept. I clearly advised her to find out what is required, permit-wise, and to get written documentation from the GC/electrician. She said she couldn't do anything until Monday. I meant it's not a big deal to wait, don't worry. In my mind, it's not a big deal.They haven't even tiled the darn thing yet! Getting all worked up over something you can't find out the answer to for a few days isn't going to help.


    I can't imagine an Insur Co. not covering a low voltage radiant heat flooring because a permit wasn't pulled. I'll have to check that one. I'm sure things vary from state to state.

    I mean, replacing a garbage disposal requires a permit. If I don't pull one, change it myself, and end up flooding my kitchen because of it, is insurance not going to cover the damage? I don't think so. Ditto for changing an electrical outlet. needs a permit. There are a lot of things that 'require permits' that homeowners don't necessarily pull. Insurance companies still cover the damage.

  • huissmulders
    Original Author
    6 years ago
    So, he said that he would call the county tomorrow to see what's required. He did say that when he spoke to the electrician he seemed surprised because he's never pulled a permit before for a radiant heat floor. At least there's progress. I may call tomorrow myself just to hear it for myself. Thanks everyone for your help so far. If there's anything else you think I should know please feel free.
  • User
    6 years ago
    last modified: 6 years ago

    I know a guy that kept calling the county to see if they needed permits. The county always said no. Then I pointed out that he needed to call the state, where the answer was much different. Where I am, the county does well, septic, draifield, and driveway approaches on some roads. The state does electrical and plumbing. (presuming you are not in a city)

  • huissmulders
    Original Author
    6 years ago
    Hmm, thank you Fred. Once again with good info. I suppose I'll do that as well tomorrow. Thanks!
  • User
    6 years ago

    You were too fast. I added to my last post

  • huissmulders
    Original Author
    6 years ago
    Haha. In that case...I am pretty sure that my county handles all of it from the info I got on their website but I do think your information has been very helpful.
  • PRO
    Joseph Corlett, LLC
    6 years ago

    I am not wild about the idea of involving inspection at this stage of the game. They could force him to do it over and if there's one thing worse on a job than a radiant floor that won't pass inspection, it's a contractor who's losing money replacing it.


    I'd consult with another contractor who is experienced and discreet before inspection. If he doesn't like it, do what you have to do.

  • PRO
    JAN MOYER
    6 years ago
    last modified: 6 years ago

    I've seen permits pulled 3/4 of the way through a project. Many times, it is simply because the project grew more extensively beyond an original plan. Licensed electricians are like a band of persnickety brothers regarding code. I've never MET one who'd deviate from code, permit or no permit! The penalties are too steep, could result in loss of license and ability to earn a living!

    The town will not punish you. It's Monday. Address the fear, and it will be fine. While permits are for your safety, they can also be a bit nuts when rules are taken too literally........

    Years ago I did a permitted addition for a client. A lovely sun room beyond a tiny dining room, and large living room. The living room became a dining, the dining area, got built ins and a became a walk through study, essentially a lovely hallway.. So, here I am with this lovely result including new addition.. Inspector shows up and says, "Lady, you have to put a window in those shelves." WHAT??!! What are you talking about? "Yeah lady, it's a room, this here is a room, it needs an exit"

    My reply? "with all due respect sir, I have French doors here. I have 16 feet of sliding doors out here, three feet away. You are telling me, in a fire, I would CHOOSE to crawl through an 18 inch back splash in a study, when I could open a living room french door exit or any other of the almost twenty feet of exit points beyond this OPEN study and flee. I would crawl through a book case? ..........I think NOT. And no I did not.

  • Kivi
    6 years ago

    Just curious... did you (or the contractor) happen to take nice clear pictures of the cable installation before they embedded them in thinset? If so, you would at least have that to further demonstrate that things were done properly ( if an inspector happens to take issue with anything).

  • PRO
    Joseph Corlett, LLC
    6 years ago

    After the fact permits are triple cost locally.

  • huissmulders
    Original Author
    6 years ago
    Well, here's the update. Thanks everyone for your answers. We do need a permit and no, Kivi, we didn't take pictures :(. So tomorrow my contractor is going to rip everything out and we're starting fresh. He actually seems to have a very decent attitude about it. I did contact the county myself and we seem to be all good with all the other work. Hopefully things will go smoothly from here on out. He did say something about that he had 'trusted the electrician' so now I am wondering if I should maybe get our regular electrician come do the rest of the work.
  • thatsmuchbetter
    6 years ago
    last modified: 6 years ago

    While your paniking, Do understand that radiant heat requires paying close attention to dry/cure times for the tile installation before you attempt to fire it up . sometimes we wait as much as 30 days. Dp consider a backup thermostat sensor. Dont ask me how i know all this

  • huissmulders
    Original Author
    6 years ago
    Hmmm. Thatsmuchbetter now I'm really curious to know how you know that..... what are we looking for in terms of dry/cure before we fire it up?
    Are you talking dry/cure before we tile or dry/cure before turning on the system?
  • thatsmuchbetter
    6 years ago
    last modified: 6 years ago

    Its better you just thoroughly read the MFG instructions for the heat system you have, and the Tile thinset MFG instructions.

  • huissmulders
    Original Author
    6 years ago
    Will do.
  • PRO
    Joseph Corlett, LLC
    6 years ago

    Dont ask me how many times I've said "Dont ask me how i know all this." on this board.

  • PRO
    JAN MOYER
    6 years ago

    CORRECT ON THE RADIANT. !!! You don't want to crack tile................: (