I have been having an existing bathroom in my brownstone’s English basement renovated. it was in really bad shape when I bought the place 6 months ago, so effectively everything in it is new at this point. It’s about 90% completed right now. Apparently one of my neighbors decided that I was having work done without permits, and snitched to the DoB about 3 months ago. The inspector came by the other day and issued a stop work order. I am confused because I didn’t think renoavations to an existing bathroom required permits. Anyone have thoughts on what I should do next? How do I prove that the bathroom isn’t new?


Comments

  1. Thank you for the helpful comment, Smokychimp. The floor of the basement is only about 2′ below grade, so I guess that explains why the architect says it will be OK. But I still don’t understand why we have to file plans at all when all we are doing is retiling and replacing existing fixtures. I guess I may never get an answer to that question….

  2. Full bathrooms are allowed in a basement. The DoB doesn’t consider a category of English basement — a lower floor below grade is considered either a basement (floor level 4′ below surveyed grade or higher) or a cellar (lower than that). 3 piece bathrooms are not allowed in a cellar configuration, so this would depend on demonstrating the basement is a basement through an existing C of O record or a survey that could show the room less than 4′ below the sidewalk grade.

    A medical exemption would be difficult to use as an argument for a 3 piece bath in a cellar, since no “habitable” rooms are allowed on a cellar level.

  3. i have a question for 7:04 – i heard you can get medical exceptions in some cases – for example, my neighbor’s limestone has (according to him) a legal shower in the basement, which was allowed because the previous owner had 2 slipped disks and it was dangerous for him to step into a tub. anybody know if those kind of exceptions are apocryphal?

  4. That’s weird, my first post appeared and then disappeared. In answer to Smokychimp’s question – the Violating Conditions were that a new 3 pc bathroom had been installed, and yes, the Remedy section was left blank. And in response to the oh-so-helpful blame-the-victim posters – I wasn’t home when the inspector turned up, and apparently he just walked right into the basement.

  5. Also, my newly acquired architect doesn’t agree with the previous poster’s opinion – apparently I can have a 3pc bathroom on this level if something called a vent pipe (???) is done properly (but don’t ask me what that means, I probably didn’t even repeat it correctly)- just in case anyone else was taking that as gospel.

  6. Looks like Guest 8:47 is your informant. Find out his ISP address and hire someone to completely shut down his system and then find out where he lives and egg his house…twice.

  7. Geekspice, there must be something else to the story. The Dept of Buildings would not issue an ECB violation ticket if all you are doing is replacing fixtures on their existing roughings. Filings are required for new fixtures (or also for moving existing fixtures so that their rough plumbing has to be moved also), not replacements.

    Also — your ECB ticket describes what to do next. Halfway down the ticket there is a box called “Remedy” where the inspector describes what the ECB court will require to satisfy the condition at your hearing. Are you saying your inspector left this section blank?

    What did the inspector note under “Violating Conditions Observed”?

  8. 7:04, I just went to the DOB website, which states new toilet/sink/etc doesn’t require a permit. Permit is just required if MOVING them.

    That aside, the DOB requirements are confusing and a total annoyance to try to navigate. Now that OP is far enough down the road that a stop work order is in effect, I think it would absolutely be worth it to hire an expert (sorry, I don’t have one to recommend).

    Good luck.