Quick answer
The 2024 International Residential Code exempts portable heating, cooling, and ventilation units, minor part replacements, and small self-contained refrigeration systems (10 pounds of refrigerant or less, or motors of 1 horsepower or less) from permits (IRC R105.2). Replacing a furnace, central AC, heat pump, or ductwork is not exempt, so expect a mechanical permit and often an electrical or gas permit. Inspectors look at equipment sizing (Manual J and S, M1401.3), condensate disposal (M1411.9), locking outdoor refrigerant caps (M1411.15), access and clearances (M1305), and, for new or altered duct systems, duct leakage testing (N1103.3.7).
What the model code says
The International Residential Code (IRC) mechanical chapters “regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and used to control environmental conditions within buildings” (M1201.1). Furnaces, air conditioners, heat pumps, ductless mini-splits, and ductwork all fall within that scope.
What is exempt
The 2024 IRC’s mechanical permit exemptions (R105.2) are:
- portable heating appliances, portable ventilation appliances, portable cooling units, and portable evaporative coolers;
- steam, hot-water, or chilled-water piping within heating or cooling equipment regulated by the code;
- “replacement of any minor part that does not alter approval of equipment or make such equipment unsafe”;
- “self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less”;
- portable fuel-cell appliances not connected to fixed piping or the grid.
A capacitor, igniter, or thermostat swap is usually a “minor part.” Replacing the furnace, condenser, air handler, or heat pump is not. Neither is adding or modifying ductwork.
Rules inspectors check
- Sizing (M1401.3). “Heating and cooling equipment and appliances shall be sized in accordance with ACCA Manual S or other approved sizing methodologies based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies.” The 2024 edition allows larger equipment in limited cases, such as multistage or variable-capacity equipment whose published range covers the calculated load.
- Outdoor equipment (M1401.4). Equipment installed outdoors must be “listed and labeled for outdoor installation.”
- Access (M1305.1). Appliances must be accessible for inspection, service, repair, and replacement “without removing permanent construction.” There must be a level working space at least 30 inches deep and 30 inches wide in front of the control side. Appliances under floors need a clear passageway to them (M1305.1.3), and attic installations have similar rules.
- Condensate (M1411.9). “Condensate from cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal,” with a minimum slope of 1/8 inch per foot. A secondary drain or auxiliary pan is required wherever overflow or a clogged drain would damage the building (M1411.9.1).
- Locking refrigerant caps (M1411.15). “Refrigerant circuit access ports located outdoors shall be fitted with locking-type tamper-resistant caps or shall be otherwise secured to prevent unauthorized access.” This is a common inspection failure.
- Fuel-burning appliances. Gas furnaces must meet the fuel-gas chapter for venting, combustion air, gas piping, and shutoffs. In garages, appliances with an ignition source must have it at least 18 inches above the floor unless listed as flammable vapor ignition-resistant (M1307.3).
Ducts and energy code
The IRC energy chapter (Chapter 11) applies when duct systems are installed or altered:
- Design (N1103.3.1). Duct systems serving one or two dwelling units “shall be designed and sized in accordance with ANSI/ACCA Manual D.”
- No framing cavities as ducts (N1103.3.2). “Building framing cavities shall not be used as ductwork or plenums.”
- Leakage testing (N1103.3.7). Each duct system must be tested for air leakage under ANSI/RESNET/ICC 380 or ASTM E1554 at 0.1 inch water gauge (25 Pa), with “a written report of the test results … signed by the party conducting the test and provided to the code official.” The allowed leakage is in Table N1103.3.8 and depends on floor area, the number of returns, and duct location.
How these rules apply to a simple equipment changeout, as opposed to new ducts, varies by jurisdiction. Many states also amend the energy chapter. Ask your permit office.
Refrigerant rules
Two federal rules affect HVAC work, separate from your local permit:
- Technician certification. EPA requires that “technicians who maintain, service, repair, or dispose of equipment that could release ozone depleting refrigerants into the atmosphere must be certified” under Section 608.
- Refrigerant transition. Under EPA’s Technology Transitions rule, new residential air conditioning and heat pump systems had a January 1, 2025 compliance date for lower-global-warming-potential refrigerants. EPA allowed systems using higher-GWP HFCs that were manufactured or imported before that date to be installed until January 1, 2026. Ask your contractor which refrigerant a new system uses and whether existing line sets can be reused.
Zoning, HOA rules, and setbacks
- Outdoor units (condensers, heat pumps, mini-split compressors) may be subject to setbacks, side-yard limits, noise limits, or screening requirements.
- Rooftop or wall-mounted units can trigger design review in historic districts.
- HOAs often regulate visible equipment location and screening.
Permits and inspections you can expect
- Mechanical permit, often with an electrical permit for the disconnect and circuit, and a gas permit for new gas piping.
- Submittals in many jurisdictions: equipment specifications, efficiency ratings, and a Manual J/S sizing report.
- Rough-in inspection for new ductwork, line sets, or gas piping before they are concealed.
- Duct leakage test report where required.
- Final inspection of equipment, clearances, condensate, caps, venting, and electrical connections.
What to prepare
- Equipment data: make, model, capacity, and efficiency, for both old and new units.
- Load calculation (Manual J) and equipment selection (Manual S) if your jurisdiction asks for them.
- Duct plan if ducts are being added or changed.
- Location of outdoor equipment relative to property lines.
- Electrical details: breaker size, disconnect, and panel capacity, especially when converting to a heat pump.
- Contractor license and EPA Section 608 certification for anyone handling refrigerant.
How permit fees are calculated
Mechanical permit fees are set locally. Common methods:
- Flat fee per appliance or system (furnace, condenser, heat pump).
- Valuation-based fees using the contract price.
- Per-ton or per-BTU fees in some jurisdictions.
Electrical and gas permits may be charged separately. Check the fee schedule linked from your county’s profile in our directory.
Common mistakes
- Treating a changeout as “maintenance.” Replacing major equipment needs a permit in most places.
- Sizing by rule of thumb instead of a load calculation.
- Missing locking caps on outdoor refrigerant ports.
- Poor condensate disposal, such as a drain onto a walkway or into an improper location, or no secondary drain or auxiliary pan where an overflow would cause damage.
- Blocking service access with new equipment or storage.
- Hiring someone without EPA 608 certification to handle refrigerant.
- Skipping the duct leakage test where the jurisdiction requires it for new or altered ducts.
State notes
Some states set a rule for this project statewide. These notes come from our state research; your city or county may add its own requirements.
- Arkansas
- HVAC/R work in an existing building that you own and occupy as your home is exempt from state HVAC/R licensing, but it must follow the HVAC/R rules (including the 2021 International Mechanical Code) and any local permit and inspection requirements. Source
- District of Columbia
- Mechanical (HVAC) permits are trade permits that DOB issues only to licensed and bonded master trade professionals. Homeowners cannot apply for them. Source
- Idaho
- A DOPL permit is required for HVAC work, except where a city or county has taken over HVAC inspections. Homeowners may get a homeowner permit for HVAC work they do themselves on their own primary or secondary residence. DOPL lists the 2018 International Mechanical Code, the 2018 International Fuel Gas Code, and the 2018 IRC as the current HVAC codes. Source
- Maine
- Installing or servicing oil, solid fuel (including pellet central heating), propane or natural gas burning equipment requires a Maine Fuel Board license. The exception is an owner working in a single-family home they occupy or will occupy, as long as the work meets board standards. Freestanding wood stoves and room heaters not connected to a central heating system are outside the licensing law. Source
- North Carolina
- The $40,000 permit exemption in G.S. 160D-1110(c) does not cover adding or replacing heating or cooling equipment, so HVAC replacements need a permit from the local inspections department, and the work must be done by a licensed heating contractor or a qualifying homeowner. Source
Common questions
Do I need a permit to replace my AC or furnace with the same size unit?
In most jurisdictions, yes. The IRC exempts only portable units, minor part replacements, and small self-contained refrigeration systems. A like-for-like changeout of a central system is a mechanical installation that needs a permit and inspection, and often an electrical permit for the new disconnect or circuit.
Does a window air conditioner need a permit?
Portable cooling units are exempt from mechanical permits under the IRC (R105.2), and self-contained systems with 10 pounds or less of refrigerant, or motors of 1 horsepower or less, are also exempt. A window unit plugged into an existing receptacle generally needs no permit, but a new dedicated circuit for it does.
Do ductless mini-splits need a permit?
Generally yes. A mini-split is a permanently installed split system with refrigerant lines, condensate disposal, and a dedicated electrical circuit. That's mechanical and electrical work, not a portable or self-contained unit.
Why does the inspector want a load calculation?
The 2024 IRC requires heating and cooling equipment to be sized under ACCA Manual S, based on loads calculated under ACCA Manual J or another approved method (M1401.3). Oversized equipment short-cycles and dehumidifies poorly, and undersized equipment cannot keep up. Many jurisdictions ask for the calculation with the permit.
Can anyone handle refrigerant?
No. EPA regulations require technicians who maintain, service, repair, or dispose of equipment that could release ozone-depleting refrigerants to be certified under Section 608 of the Clean Air Act. Many states also license HVAC contractors.
Check your county’s rules
The rules above are the model-code starting point. Your county or city decides which edition applies, what it changed, and what it charges. Look up the permit office that serves your address.
Sources
- 2024 International Residential Code, Chapter 1 (R105.2 work exempt from permit), unamended adoption reproduced by UpCodesup.codes
- 2024 International Residential Code, Chapter 12 (mechanical administration)up.codes
- 2024 International Residential Code, Chapter 13 (M1305 appliance access, M1307 installation)up.codes
- 2024 International Residential Code, Chapter 14 (M1401.3 sizing, M1411 refrigeration)up.codes
- 2024 International Residential Code, Chapter 11 (N1103.3 duct systems and testing)up.codes
- U.S. EPA: Section 608 technician certificationwww.epa.gov
- U.S. EPA: Technology Transitions regulatory actions (HFC refrigerants)www.epa.gov
- U.S. Department of Energy: Heat pumpswww.energy.gov
- 2024 International Residential Code, front matter and preface (ICC)shop.iccsafe.org
Last reviewed October 2026. Section numbers refer to the International Code Council’s model codes. We checked the wording against the published adoptions linked above, which reproduce the model text without amendment unless the source notes a state amendment. Codes take effect only when a state or local government adopts them, and many make amendments. This guide is general information, not legal or engineering advice. Suggest a correction
