A new building next door is taller than my chimney. Now what?

Does the rule apply to you?

L&I Regulation B-3307.1.1 applies when a newly built or modified building extends above the roofline of your building and your chimney or vent is within 10 feet of it. It doesn’t apply if the chimney is no longer connected to a fireplace or other equipment, or if a PA-registered architect or engineer certifies in writing that your chimney or vent already complies with the code.

What the builder has to do

1. Initial notice, at least 60 days before work. The builder sends a Notice of Required Chimney / Vent Modification to the owner address on file with the Office of Property Assessment. It must describe the work and its impact on your chimney, and offer to secure permits and fund or perform the extension. L&I says the 60 days can be waived if you reach an agreement or expressly reject the offer.
2. Final notice, at least 10 days before work, if you haven’t responded, with the same information and a statement that it’s final.
3. Proof before going above your roof. Before the new building rises above your roofline, the builder must upload proof to L&I: an issued mechanical permit for your chimney extension, your written rejection, an affidavit that you didn’t respond, or an engineer’s finding about pre-existing defects.
4. Permit closed before their final inspection. The mechanical permit for your extension must be completed and closed before the builder’s final inspection.

What you should do

• Don’t ignore the letter. The regulation says that if you don’t respond or you reject the offer, you become responsible for making sure your equipment operates in compliance with the code.
• Know what’s connected. Find out whether the chimney serves a furnace, boiler, water heater or fireplace.
• Get your own inspection if the chimney is old. Pre-existing deficiencies are your responsibility. If a PA-licensed engineer finds the extension can’t be done safely until they’re fixed, you get at least 60 days from notice to make repairs.
• Authorize the permit. The extension on your house needs a separate mechanical permit that you authorize.
• Read the City’s construction-next-door FAQ for the wider rules about party walls, preconstruction surveys and damage.

Need an independent chimney contractor to look at your side of things? Use the form below.