Research by DoINeedAPermit Research Team · Updated May 2026
The Short Answer
Most HVAC work in Derby requires a mechanical permit from the City of Derby Building Department. Exceptions exist for certain repairs and replacements, but the city's interpretation is strict — when in doubt, pull the permit.
Derby, like most Kansas municipalities, enforces the International Mechanical Code (IMC) through its adoption of the state building code. However, Derby's local interpretation of what constitutes a 'replacement' versus a 'new installation' is more conservative than some surrounding Sedgwick County jurisdictions (Wichita, Andover). The city requires permits for: new system installations, system replacements that change location or capacity, upgrades to ductwork or refrigerant lines, and installations in new construction or renovations. Notably, Derby's Building Department processes HVAC permits through the same counter-review system as electrical and plumbing — meaning you can often get approval same-day or next-day if the application is complete, rather than waiting 5-10 days like larger cities. The permit fee is typically $75–$150 for a standard residential replacement, based on the city's valuation schedule. Owner-builders can pull permits for owner-occupied homes, but the system must be installed by a licensed Kansas HVAC contractor (the city does not allow owner-installation). This differs sharply from some neighboring counties where owner-builders have slightly more latitude on mechanical work.

What happens if you skip the permit (and you needed one)

Derby HVAC permits — the key details

Kansas adopted the 2015 International Building Code (IBC) with the 2015 International Mechanical Code (IMC) as its state standard, and Derby enforces this adoption without significant local amendments. This means that HVAC work in Derby must comply with IMC sizing, venting, ductwork, and electrical integration standards. The most common trigger for a Derby permit is the replacement of a furnace, air conditioner, or heat pump. Many homeowners believe that 'swapping out the old unit for the same model' is exempt, but the city's interpretation is clear: any replacement that involves disconnecting and removing an existing system and installing a new one — even if capacity and location remain identical — requires a permit. This is consistent with the IMC definition of 'alteration,' which includes the replacement of system components. The city does NOT require permits for minor repairs (fixing a refrigerant leak, replacing a blower motor, patching ductwork) as long as the scope does not expand capacity or change the system configuration. However, the line between 'repair' and 'replacement' is gray, and the city's Building Department has the final say. If your contractor suggests skipping the permit because 'it's just a replacement,' get a second opinion from the city directly — a 10-minute phone call saves thousands in fines and rework.

Ductwork and ventilation are where Derby's climate and soil conditions create specific compliance headaches. The city sits in ASHRAE climate zone 5A (northern Derby) and 4A (southern Derby), with a 36-inch frost depth. Furnace ductwork that passes through unconditioned spaces (attics, crawl spaces) must be insulated to R-6 minimum (IMC 603.2), and exhaust vents for furnaces and air handlers must slope downward at 1/4 inch per foot to prevent condensation pooling — a detail that causes inspection failures when homeowners or unlicensed installers overlook it. Additionally, because loess soil dominates the west side of Derby and expansive clay the east, foundation settling can stress ductwork connections; the city's inspectors pay attention to whether flex ducts are properly supported and not kinked, which reduces system efficiency and can trigger a failure. The city requires mechanical plan review for new construction and major renovations (scope > $25,000), but for simple replacements in existing homes, a one-page mechanical permit form and a photo of the nameplate usually suffice. Plan review takes 1-2 business days; inspections are scheduled via phone and typically occur within 3-5 days of application.

Refrigerant and electrical integration compliance is strictly enforced in Derby because the city shares inspectors with Sedgwick County building authority. All refrigerant work must follow EPA Section 608 certification rules (the contractor must hold a valid EPA card; the city spot-checks this during permit application). Any new HVAC installation that includes a condensing furnace or heat pump with a condensate drain must be piped to an approved drain location; the city requires a 1/2-inch minimum slope, a condensate pump if gravity drain is impossible, and a secondary overflow pan if the drain is above living space. For air handler and furnace electrical work, the city enforces NEC Article 440 (Motor, Control Circuits, and Controllers). If your system includes a disconnect switch, smart thermostat, or variable-speed blower, the contractor must ensure the electrical work is either part of the mechanical permit scope (and inspected by a building official) or pulled as a separate electrical permit (if the work exceeds basic thermostat wiring). Many Derby homeowners pair an HVAC replacement with a thermostat upgrade and forget that the electrical arm requires its own permit; this costs an extra $50–$100 and takes 1-2 days, but it's required. Owner-builders can pull the mechanical permit themselves, but the installation must be performed by a Kansas-licensed HVAC contractor (license verification is part of the application). The city will ask for the contractor's license number and may call to confirm; if the contractor is unlicensed, the permit will be denied.

Inspection sequence and timeline are critical. For a furnace or air conditioner replacement in Derby, the typical flow is: (1) Pull the permit (same-day at the counter or online within 1 hour); (2) Contractor installs the system (usually 4-8 hours); (3) Homeowner calls the city to schedule the mechanical inspection (3-5 days out); (4) Inspector visits, checks nameplate data, verifies ductwork slope, tests drainage, confirms electrical safety, and signs off (30-45 minutes on-site). If all pass, the permit is closed and you're done. If the inspector finds issues (e.g., ductwork not properly supported, condensate drain slope wrong), you get a 'deficiency notice' and 7-10 days to fix it; a re-inspection costs nothing additional. Total timeline from permit to closed permit: 1-3 weeks. For new construction or a major system upgrade, plan review adds 5-7 days. The city's Building Department does not allow 'conditional occupancy' — the system must be fully inspected and passed before you turn on the heat/AC in new construction. This can be tight in October or March when weather turns and homeowners are in a rush; applying for the permit 2-3 weeks before the scheduled installation prevents last-minute crises.

Cost breakdown for a typical Derby HVAC replacement: mechanical permit $75–$150 (based on system valuation, usually calculated as 50% of HVAC equipment cost — e.g., a $6,000 system = $3,000 valuation = ~$120 permit); HVAC contractor labor and materials $4,500–$8,000 depending on system type and ductwork changes; optional electrical permit (if adding smart thermostat or disconnect switch) $50–$100. Total out-of-pocket for homeowner: $4,625–$8,250. Some contractors bundle the permit fee into their quote, others bill it separately. The city accepts cash, check, and credit card at the Building Department counter (Monday-Friday 8 AM-5 PM; verify hours by calling ahead or checking the city website). If you pull the permit online through the city's portal, payment is typically credit card only. The permit is valid for 180 days from issuance; if work is not substantially complete within that window, you must request an extension (usually granted for 90 more days at no extra fee). Failure to extend can result in a voided permit and the need to re-pull and re-pay.

Three Derby hvac scenarios

Scenario A
Furnace replacement in existing 1970s ranch home, Cottonwood neighborhood (sandy west side), same location and capacity, EPA 608-certified contractor
You're replacing a 20-year-old furnace with a 95% AFUE condensing unit (same BTU output, same floor location). The Cottonwood neighborhood sits on sandy loess soil, which is stable and drains well — no special foundation issues. Even though the new furnace is condensing (generates condensate), a gravity drain to the basement sump is feasible because the floor slope is good. Your contractor holds an EPA Section 608 cert and pulls the permit themselves. Application: fill out the mechanical permit form, provide the new furnace nameplate specs (model, BTU, efficiency), and confirm contractor license. City approval: same-day or next-day (counter review only, no plan review needed). Inspection: inspector comes to your home, checks the nameplate against the permit, verifies ductwork slope (downward at minimum 1/4 inch per foot — critical in older homes where ducts sag), confirms condensate pan is pitched and drain is clear, and tests the electrical disconnect. Ductwork in 1970s homes often has low slope due to settling; if the inspector finds a sag, you'll need to add a ductwork support or slope correction (cost ~$200–$400, delay ~3-5 days). Total timeline: 10-14 days from permit to closed permit. Cost: permit $80–$120, HVAC work $4,500–$6,500 (replacement only, minimal ductwork changes). No additional electrical permit needed unless you're adding a smart thermostat with WiFi (which requires low-voltage wiring — bundled into the mechanical permit if the contractor handles it).
Mechanical permit required | EPA 608 cert required | Ductwork slope inspection mandatory | Condensate drain to sump or pump | Permit $80–$120 | No plan review (replacement) | 10-14 day timeline
Scenario B
Air handler and ductwork upgrade in new addition (500 sq ft) on east side (expansive clay), separate system or extension to existing furnace, owner-builder pulling permit
You added a bedroom wing to your Derby home on the east side where expansive clay dominates. The foundation experienced minor cracking due to soil movement, which is normal in this area. You're extending HVAC to serve the new space: either by running new ducts from the existing furnace (if capacity allows) or installing a separate mini-split or air handler. This is a major project because it involves new ductwork, possible new equipment, and changes to the system configuration. Because you're the owner-builder, you can pull the permit yourself, but the installation must be performed by a licensed Kansas HVAC contractor. Application: you'll need a mechanical plan showing the new ductwork layout, sized per ACCA Manual D (the city enforces this for additions). The plan doesn't need to be fancy — a hand-drawn sketch with measurements and BTU/CFM calculations is acceptable, but many homeowners hire a sheet-metal contractor to provide the plan (cost ~$200–$500). Plan review: 5-7 days (city reviews ductwork sizing, venting, and electrical integration). Inspection 1 (rough-in): inspector checks ductwork before walls are closed, verifies insulation (R-6 minimum), and confirms no kinks or unsupported runs. Inspection 2 (final): after drywall is up, inspector tests operation, checks registers, and verifies condensate drain if applicable. Because expansive clay can shift, the inspector will pay extra attention to whether ductwork is properly supported and can flex slightly without tearing; improper bracing on clay-soil homes causes failures. Total timeline: 3-4 weeks (including plan review). Cost: permit $100–$150 (based on equipment and ductwork valuation), HVAC work $6,000–$9,000 (new ducts, equipment if separate system, labor). You may also need a separate electrical permit if the new air handler requires a dedicated circuit ($50–$100 extra). Owner-builder pulling the permit is allowed, but the contractor must be licensed and the city will verify this during inspection.
Mechanical permit required | Plan review required (new ductwork) | ACCA Manual D sizing required | Licensed contractor required (not owner-install) | Expansive clay area: ductwork support critical | Permit $100–$150 | 3-4 week timeline | Possible electrical permit $50–$100
Scenario C
Heat pump system installation in new modular home, Sagebrush development (mixed soil, elevated frost depth), builder (not owner) pulling permit, smart thermostat and WiFi disconnect included
A modular home is being set up in the Sagebrush development (mixed sandy and loess soil, 36-inch frost depth). The builder is installing a cold-climate heat pump (variable-capacity, HSPF 8+) with a backup strip heater, a WiFi-enabled thermostat, and a smart disconnect switch. Because it's new construction, plan review is mandatory. The builder must submit a full mechanical and electrical drawing set showing furnace/air handler location, ductwork routing, refrigerant lines, electrical integration, and thermostat wiring. For heat pumps in Kansas climate zones 4A/5A, the code requires special attention to frost protection on outdoor coils and drainage of condensate during heating mode (when the coils are cold, they produce condensation that must be managed). Plan review: 5-10 days (the city engineer checks frost protection, drainage, and electrical coordination with the electrician). Inspection 1 (furnace/air handler installation): inspector verifies equipment location, foundation pad, vibration isolation, and electrical disconnect before ductwork is connected. Inspection 2 (ductwork and refrigerant): inspector checks ductwork insulation (R-8 minimum for heating-critical runs in 5A zone), sealing, and slope; refrigerant lines must be insulated and protected from puncture. Inspection 3 (electrical rough-in): a separate electrical inspector verifies the disconnect switch, thermostat wiring, and strip heater circuit (this may be bundled with the electrical permit or part of the mechanical scope — city will clarify). Inspection 4 (final): all systems tested, thermostat programmed, refrigerant charge verified. Because new construction can't be occupied until all mechanical and electrical inspections pass, the builder and homeowner are on a tight timeline. Total timeline: 4-6 weeks from plan submittal to final inspection. Cost: permit $150–$250 (new construction with plan review, higher valuation), HVAC work $8,000–$12,000 (heat pump, backup heater, full ductwork, labor), electrical permit $100–$150 (separate, for WiFi thermostat and disconnect). The city will require the builder to demonstrate that the heat pump's outdoor unit is located 10+ feet from the property line (IMC 1107.5) and that any condensate drain runs do not discharge onto a neighbor's property (code compliance item that slows down some builders).
Mechanical permit required | Electrical permit required (separate) | Full plan review required (new construction) | Frost protection compliance mandatory (5A zone) | Heat pump condensate management critical | Permits $250–$400 total | 4-6 week timeline | Electrical disconnect required by code

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Frost depth, condensate, and heat pump survival in Derby's climate

Derby's 36-inch frost depth (the deepest frost penetration in winter) is a major factor in HVAC code compliance, especially for heat pump installations. When outdoor air handlers and condensing furnaces sit on shallow pads, frost can creep under the equipment, causing the pad to heave and the ductwork connections to stress and leak. The IMC and local Kansas code require that equipment pads be set below the frost line or on engineered footings that prevent heave. In practice, most Derby HVAC contractors set equipment on a 4-6 inch concrete pad and backfill with gravel for drainage, which works fine in sandy-soil areas (west side) but can fail in clay-soil areas (east side) where frost heave is more aggressive. The city's inspectors understand this and will probe the area around outdoor units to confirm proper drainage and pad preparation.

Heat pumps create a secondary frost problem: during heating season in January/February, when outdoor temps drop to 10-20°F, the heat pump's outdoor coils get cold enough to frost over and accumulate ice. The system runs a defrost cycle (typically every 30-60 minutes) to melt the ice, and that meltwater must drain safely away from the foundation and away from the pad where it could freeze into ice. The IMC requires a condensate drain line from the outdoor coil to ground, sloped at 1/4 inch per foot minimum, and the city's inspectors check this during final inspection. Many contractors skip this or slope it wrong, causing water to pool and freeze, damaging the unit. For homes in the east-side clay-soil area, this is especially critical because groundwater is slower to drain.

The city does not have a specific frost-depth amendment to the IMC, but inspectors will flag improperly prepared pads. If you're installing a heat pump or condensing furnace in winter or early spring, tell your contractor to delay final outdoor-unit placement until the ground thaws and they can properly grade and prepare the pad. Many contractors rush this in March and then see frost heave damage by April; the city will not issue a final sign-off if the pad is obviously inadequate.

Owner-builder rules, contractor licensing, and why you can't skip the contractor

Kansas law allows owner-builders to pull permits for owner-occupied residential properties, and Derby enforces this rule. However, there's a critical catch with HVAC work: the state of Kansas does not allow owner-installation of mechanical systems. Unlike plumbing or electrical (where owner-builders can do the work themselves under permit), HVAC installation must be performed by a licensed contractor holding a Kansas Heating, Ventilation, and Air Conditioning license issued by the state licensing board. The city will ask for the contractor's license number during permit application and may call to verify it. If the contractor is unlicensed, the permit will be denied, and the city will not issue an inspection until a licensed contractor is engaged.

What this means in practice: you (owner-builder) can pull and pay for the permit, manage the timeline, and call for inspections. But the contractor you hire must be licensed. Many homeowners confuse 'owner-builder permitted work' with 'I can hire anyone I want.' You cannot. The logic is that HVAC work involves pressurized refrigerant (federal EPA Section 608 certification required), electrical integration with the home's main panel (safety-critical), and ductwork that affects indoor air quality. The state wants licensed professionals handling this. This also protects you: if an unlicensed contractor installs your system and it fails or causes damage, you have no recourse (they don't carry bonded liability insurance) and your homeowner's insurance will likely deny claims.

Contractor selection tip: when you get quotes, ask the contractor for their Kansas HVAC license number and verify it yourself through the state licensing board website. Most reputable contractors will volunteer this upfront; if they balk or say 'we'll get it on the day of the job,' keep looking. Derby's inspectors are thorough and will catch unlicensed work. Also, confirm whether your contractor is comfortable with the city's inspection process and timeline — some larger Wichita-area firms are used to faster turnarounds and may chafe at the 1-3 week Derby timeline.

City of Derby Building Department
Derby City Hall, Derby, Kansas (contact city directly for exact address and department location)
Phone: Contact City of Derby main line or search 'Derby KS building permits' to reach the Building Department directly | Check City of Derby official website for online permit portal (URL varies; search 'Derby Kansas permit portal' or 'City of Derby ePermits')
Monday-Friday 8 AM-5 PM (verify by calling ahead; holiday closures may apply)

Common questions

Do I need a permit to replace my furnace with the exact same model?

Yes. Derby requires a permit for any furnace replacement, even if you're installing an identical model in the same location. The city interprets 'replacement' as removal and reinstallation of a mechanical system, which falls under the definition of 'alteration' in the IMC. A permit costs $75–$150 and takes 1-3 weeks from application to final inspection. The only exception is a minor repair (e.g., fixing a refrigerant leak or replacing a blower motor) that does not involve removing and reconnecting the system.

Can I install HVAC myself if I'm the homeowner?

No. Kansas state law requires HVAC installation to be performed by a licensed contractor, even if you're the owner-builder pulling the permit. You can manage the project and call for inspections, but the actual installation must be done by someone with a valid Kansas HVAC license. The city will verify the contractor's license during permit review and will not proceed without one.

How long does HVAC permit review take in Derby?

For a simple replacement with no plan review, 1-2 business days. For new construction or a system upgrade with plan review (new ductwork, new installation), add 5-10 days. Once the permit is issued, inspections are typically scheduled within 3-5 days. Total timeline from permit application to closed permit: 10-21 days for a replacement, 3-5 weeks for a new installation.

What's the difference between a mechanical permit and an electrical permit for HVAC?

The mechanical permit covers the furnace, air handler, ductwork, and refrigerant lines. An electrical permit is needed if you're adding a smart thermostat, disconnect switch, or dedicated circuit for a new air handler. Many contractors bundle the thermostat wiring into the mechanical permit, but if the scope crosses into significant electrical work, the city may require a separate $50–$100 electrical permit. Ask your contractor upfront whether they'll handle electrical as part of the mechanical scope or pull a separate permit.

What happens if the city inspector finds a problem during the mechanical inspection?

You'll receive a deficiency notice describing the issue (e.g., ductwork not properly supported, condensate drain sloped wrong). You have 7-10 days to fix it and request a re-inspection, which is free. Common deficiencies in Derby are improper ductwork slope (should be 1/4 inch per foot downward to prevent water pooling) and condensate drains not pitched correctly. Most fixes take 1-2 days and cost $100–$400.

Is the HVAC permit valid for the entire project, or do I need to renew it?

The permit is valid for 180 days from issuance. If work is not substantially complete within that window, you can request an extension (usually 90 additional days) at no extra cost. If the permit expires without extension, you'll need to pull a new permit and pay the fee again.

What's the cost of an HVAC permit in Derby?

Typically $75–$150 for a residential replacement or new installation, based on system valuation (usually 50% of equipment cost). The city's fee schedule is available at City Hall or online. Some contractors bundle the permit fee into their quote; others bill it separately. Payment is cash, check, or credit card at the Building Department counter or online through the permit portal.

Do I need a permit for a mini-split heat pump installation?

Yes. Even though mini-splits are smaller and simpler than central systems, the city requires a mechanical permit because they involve pressurized refrigerant, electrical integration, and compliance with IMC venting rules (outdoor units must be 10+ feet from the property line, condensate must drain properly). Plan for the same 1-3 week timeline and $75–$150 permit cost as a traditional system.

What if my HVAC contractor says 'we don't pull permits for replacements in Derby'?

Get a new contractor. This is a red flag. Derby enforces permits strictly, and an unpermitted replacement can result in a $500–$1,500 stop-work fine, forced removal of the system, insurance claim denial if problems arise, and a resale disclosure issue. Most reputable Derby contractors pull permits routinely; if yours refuses, they're either avoiding scrutiny or unfamiliar with local code. The extra 1-2 weeks and $100 permit fee is cheap insurance.

Can I get a conditional use permit to skip the HVAC inspection in new construction?

No. Derby does not allow occupancy or 'temporary use' of a home until all mechanical (and electrical and plumbing) inspections are passed. The system must be fully installed, tested, and signed off by the city inspector before you move in or turn on the heat/AC. Plan your HVAC installation timeline accordingly — if you're building in October, get the permit in by late August to avoid rushing in cold weather.

Disclaimer: This guide is based on research conducted in May 2026 using publicly available sources. Always verify current hvac permit requirements with the City of Derby Building Department before starting your project.