Town of Smithtown, NY Chapter 112 Building Construction

[HISTORY: Adopted by the Town Board of the Town of Smithtown as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building Permit Review Board — See Ch. 13.

Unsafe buildings — See Ch. 115.

Condominium and cooperative conversions — See Ch. 129.

Dredging — See Ch. 138.

Electrical standards — See Ch. 145.

Environmental and coastal quality review — See Ch. 151.

Excavations and regrading — See Ch. 154.

Fire prevention — See Ch. 164.

Freshwater wetlands — See Ch. 170.

Historic districts — See Ch. 185.

Streets and sidewalks — See Ch. 245.

Subdivision of land — See Ch. 248.

Zoning — See Ch. 322.

Article I Building Code

[Adopted as Ch. 8 of the 1964 Code]

§ 112-1 Adoption of standards.

[Amended 12-4-1984]

The Town Board of the Town of Smithtown hereby adopts the applicability of the New York State Uniform Fire Prevention and Building Code in its entirety.[1]

[1] Editor’s Note: Former § 112-1.1, Plumbing fixtures, added 8-14-1990, as amended, which immediately followed this section, was repealed 10-25-2011.

§ 112-1.2 Energy conservation.

[Added 5-17-2012 by L.L. No. 2-2012[1]]

A. The Town Board of the Town of Smithtown hereby adopts the applicability of the Energy Conservation and Construction Code of New York State in its entirety.

B. Effective date. This section shall become effective immediately upon filing with the New York State Secretary of State.

[1] Editor's Note: This local law also repealed former § 112-1.2, ENERGY STAR® program, added 8-12-2008 by L.L. No. 2-2008.

§ 112-1.3 Residential solar energy fast track application process.

[Added 12-13-2011 by L.L. No. 3-2011]

A. Legislative intent. This section is intended to authorize a streamlined permit application process for residential rooftop solar electric and solar hot water energy systems as developed by the Long Island Unified Solar Permit Initiative (LIUSPI) working with the Suffolk County Planning Commission and the Long Island Power Authority.

B. Pursuant to the residential solar energy fast track application process, the Town of Smithtown shall hereby provide that for standard installations of residential solar electric and solar systems, it will:

(1) Establish a reduced permit application fee.

(2) Provide permit determinations within 14 days of submittal of a completed application.

(3) Utilize the LIUSPI Solar Energy System Fast Track Permit Application as an alternative to existing building permit forms.

(4) Create a central registry of solar installations for commercial installations, standard installations, and nonstandard installations, in order to assist first responders.

(5) Require a label on the utility meter and any AC disconnect switch for commercial installations, standard installations, and nonstandard installations, in order to assist first responders.

C. For the purpose of this section, the term "standard installation" shall mean an installation that:

(1) Is not subject to review by the Historical Advisory Board.

(2) Is on a residential building or legal accessory structure.

(3) Is to be on a roof with a single layer of roof covering (unless waived by the Building Director).

(4) Is to be flush-mounted parallel to the roof surface and no more than six inches above the surface.

(5) Has an eighteen-inch clearing at one side of the roof ridge and a ten-inch clearing path to the ridge.

(6) Has a gravity roof load of no more than five pounds per square per square foot for photovoltaic (PV) and six pounds per square foot for residential solar hot water (RSHW).

(7) Is to be installed by contractors which are on LIPA's prescreened solar contractor list.

(8) Uses PV panels that have been certified by a nationally recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703; and inverters that are on a list of New York State Public Service Commission type-tested inverters which are tested by UL or other nationally recognized laboratories to conform with UL 1741.

(9) Uses RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standards for solar collectors.

(10) Uses other equipment such as modules, combiner boxes and a mounting system that has been approved for public use.

(11) Is in full compliance with all current National Electrical Code (NEC) requirements.

D. Effective date. This section shall take effect immediately upon filing with the Secretary of State of the State of New York.

§ 112-1.4 Geothermal permitting code.

[Added 3-19-2015]

A. Geothermal systems.

(1) Definitions.

(a) A closed loop system uses buried high-density polyethylene (HDPE) plastic piping installed in drilled and grouted boreholes that conductively exchanges thermal (heat) energy with the ground via circulating water or a water/antifreeze mixture through the piping system.

(b) An open loop system is a series of standard water wells that extract and use groundwater directly as a heat-exchange source then return the heated or cooled groundwater back to the aquifer.

(c) A direct exchange system uses buried copper tubing that conductively exchanges heat energy with the ground via circulating a refrigerant through the tubing.

(2) There are several types of geothermal systems, also known as "ground source heat pumps," typically used on Long Island for space heating and cooling. They include: closed loop, open loop, and direct exchange systems and are distinguished by the type of ground heat exchanger (GHX) installed in the earth for heat transfer.

(3) The closed loop and direct exchange (DX) GHXs may be installed vertically in drilled boreholes or horizontally in excavated trenches then backfilled. The open loop systems are installed only in vertical drilled boreholes.

(4) When geothermal systems are proposed in conjunction with applications for the approval of sewage disposal and water supply facilities at a particular project site, the installation is also subject to guidelines issued by Suffolk County Department of Health Services (SCDHS) in General Guidance Memorandum #25, Guidelines Regarding the Use of Geothermal Well Systems (Memo 25).

B. Permitted geothermal systems and locations.

(1) Geothermal systems may be permitted, installed, and erected pursuant to a building permit and subject to the project meeting all other requirements, including compliance with applicable plumbing, electrical and mechanical codes.

(2) Permitted geothermal systems eligible to receive a building permit are those that are of a system listed in Subsection A(1); comply with the applicable general requirements in Subsection C; and satisfy the following basic criteria:

(a) An open loop system using standard water well(s) to both extract and return groundwater from/to the same aquifer and with well screens set within 50 vertical feet of one another.

(b) An open loop system that is not connected to a potable water system.

(c) An open loop system where the depth to groundwater is at least 20 feet below the surface.

(d) A vertical closed loop system using standard HDPE "U-bends" installed into drilled boreholes and grouted fully from bottom to top per industry standards.

(e) A horizontal closed loop system, using standard HDPE pipe installed into horizontal trenches and backfilled per industry standards.

(f) A DX-to-earth contact system including either horizontal, diagonal or vertical loops and DX-to-water systems including vertical loops.

(g) Is not proposed to be located within the following areas of potential sensitivity:

[1] One-hundred-year flood hazard zones considered a V or AE Zone on the FEMA flood maps.

[2] Tidal or freshwater wetland.

[3] Regulated tidal or freshwater surface water body.

[4] Coastal erosion hazard area.

(3) Other geothermal systems that are not eligible for a building permit under the requirements of Subsection B(2), including those located within areas of potential sensitivity, may be allowed at the discretion of the Building Director after appropriate additional review and evaluation and contingent on obtaining other required permits or approvals from other regulatory agencies, such as the New York State Department of Environmental Conservation (NYSDEC) and the U.S. Environmental Protection Agency (USEPA).

C. General requirements.

(1) Permit applications shall be submitted to the Building Department on forms it provides and shall comply with the requirements therein, including but not limited to the following:

(a) Application for permit. Permit applications shall include, but not be limited to, the following items, which may be satisfied by documentation supplied by the design engineer, installer or equipment manufacturer as applicable:

[1] Demonstrate compliance with applicable site plan requirements.

[2] A plot plan on an approved property survey no greater than one inch equals 40 feet scale depicting the limits of the setback zone distance from structures, property lines and public roads.

[3] Certification by the design engineer and/or installer that the geothermal system complies with all applicable regulations and all applicable state and/or local building codes.

[4] Certification by the design engineer and/or installer that the geothermal system was installed as designed and that the design and installation complies with the relevant industry standards and guidelines outlined below in Subsection C(1)(b), including but not limited to Air Conditioning Contractors of America (ACCA) Manual J heat pump unit sizing for residential systems, ACCA Manual N or comparable load calculation techniques for commercial systems, and manufacturer-specified closed loop and DX field design guidelines.

[5] For open loop systems only, a one-line diagram of the electrical components on the plot plan (submersible pump power supply) in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code, Electrical Code of the Town of Smithtown and the New York State Uniform Fire Prevention and Building Code.

[6] Certification of Subsection C(1)(a)[1] through [5] above must be performed by a licensed professional engineer.

(b) Design standards and guidelines.

[1] The design and installation standards of geothermal systems, including related wells and boreholes for the GHX, shall conform to applicable industry standards, including, but not limited to, those listed below by type of system, and shall comply with the building code as well as all other applicable requirements:

[a] All systems: the American National Standards Institute (ANSI), the American Society for Testing and Materials (ASTM), the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), the Air-Conditioning and Refrigeration Institute (ARI), ACCA, Refrigeration Section of the International Building Code, and other similar certifying organizations. The manufacturer specifications shall be submitted as part of the application. The individual piping loops, circuits, and fully constructed piping network for all geothermal systems shall be pressure tested for integrity of original material and joints prior to backfill in accordance with the manufacturer’s instructions and the governing standards or guidelines. Materials used to backfill horizontal GHXs and the buried, horizontal piping for vertical GHXs shall be suitable granular soil and shall be free from frozen lumps, ashes, refuse, vegetable or organic matter, rocks or boulders over 150 mm (six inches) in any dimension, or other materials that may damage the piping. The backfilled excavations shall be compacted in accordance with industry standard practice and governing guidelines and regulations.

[b] Open loop systems: the National Ground Water Association (NGWA) and the American Water Works Association (AWWA).

[c] Closed loop systems: the International Ground Source Heat Pump Association (IGSHPA) and the NGWA.

[d] Direct exchange (DX) systems: the Canadian Standards Association (CSA), the National Association of Corrosion Engineers (NACE), the American Society of Mechanical Engineers (ASME) and in accordance with manufacturer's guidelines, methods and standards.

[2] For closed loop systems, the following specifically applies:

[a] Closed loop borefield installers must be trained and accredited by IGSHPA and certified by the piping manufacturer in polyethylene pipe heat-fusion or electro-fuse welding techniques, whichever is used.

[b] Closed loop borefields that will supply greater than 50 tons of heating/cooling capacity must be designed by an IGSHPA certified geothermal designer in good standing with IGSHPA.

[c] If antifreeze solutions are used as a circulating fluid in the buried ground heat exchanger, only antifreeze recommended by IGSHPA such as methanol, ethanol, and food-grade propylene glycol shall be permitted.

[d] The borehole annulus (space between the borehole wall and piping) shall be filled and sealed through its entire depth with a high-solids bentonite clay grout (at least twenty-percent solids by weight), from the bottom of the borehole to the top using the tremie method of grouting.

[e] Where grouting material extends through zones of salt water, a salt water resistant grout material shall be used.

[3] For open loop systems, the following specifically applies:

[a] Open loop system contractors must be registered by NYSDEC for drilling and installing wells and installing and start-up of submersible pumps, and a copy of a NYSDEC well completion report must be submitted after the installation of the wells.

[b] Well drilling contractors must notify the Suffolk County Water Authority (SCWA) of the location of wells installed as part of an open loop geothermal system.

[c] Open loop systems with rated pumping capacity of greater than 45 gallons per minute (gpm), or systems of lesser capacity proposed on a site with existing water supply wells and for which the combined pumping capacity of proposed and existing wells exceeds 45 gpm must obtain a Long Island well permit from the NYSDEC Division of Water.

[d] Open loop systems with rated pumping capacity of greater than 45 gpm shall employ use of a plate-frame or shell-in-tube heat exchanger (HX) installed between the well piping and building hydronic loop to prevent cross-contamination of the return water by refrigerant, biocides, or corrosion inhibitors.

[e] Heat pump coils and HX material of construction for open loop systems must be compatible with the groundwater chemistry per manufacturer's limits.

[f] Water extraction.

[i] Open loop systems may utilize a waterway to the extent permissible under federal, state, or local municipal laws or regulations.

[ii] Installation requirements for open loop wells shall be the same as those for potable water wells, with respect to the means to prevent aquifer contamination (grouting, etc.), or in conformance with standards, regulations, or guidelines established by the Town Engineer, NYSDEC, NGWA, and AWWA.

[iii] Any water table drawdown caused by an extraction well or wells shall not cause harm to the environment or otherwise impact the use of existing water supply wells on neighboring properties.

[g] Discharge of water.

[i] Discharge of water from open loop systems into storm or sanitary sewer systems shall be prohibited, except upon written approval by the SCDHS, NYSDEC, or other authority having jurisdiction.

[ii] Discharge of water from open loop systems into a waterway or tidal or freshwater wetland is not allowed unless approved by applicable federal, state, and local authorities.

[iii] Underground injection of water discharge from an open loop system shall be subject to the following conditions:

[A] Returned water shall contain no treatment additives or other introduced chemicals.

[B] The return well shall recharge the same aquifer from which the supply water is extracted, and recharge shall occur within 50 vertical feet of the supply well screen.

[C] The return well shall discharge the water below the water table depth to prevent aeration of the return water, which can lead to precipitation of iron or other minerals and premature plugging of the well screens.

[h] Return water practices shall not cause erosion, harm to the environment or flooding at the surface or other nuisance conditions on neighboring properties.

[4] For DX systems, the following applies:

[a] DX system contractors shall demonstrate they have successfully completed a DX system installers training course and are certified by an applicable equipment and material manufacturer to install DX systems.

[b] Piping and tubing shall be of a material equivalent to or better than Type Air Conditioning Refrigeration (ACR) piping, tubing and associated fittings in accordance with the appropriate ASTM standard and ASME standard.

[c] Below-grade joints shall be purged with inert gas and brazed in accordance with American Welding Society (AWS) standards. Piping tubing and fittings shall be installed in accordance with CSA standards.

[d] DX system contractors shall perform joining of all refrigerant connections per CSA standards.

[e] All underground Type ACR piping and tubing shall have a cathodic protection system which shall be designed and installed in accordance with the appropriate CSA standards and local site-specific conditions.

[f] For vertical DX boreholes that are drilled into saturated aquifer materials (below the water table), the borehole annulus shall be filled and sealed through its entire depth with a geothermal grout from the bottom of the borehole to the top using the tremie method of grouting per CSA standards.

[g] Horizontal DX GHXs and vertical DX boreholes lying above the water table shall be backfilled and compacted as specified in Subsection B(1)(b)[1][a]. Due consideration shall be given to settling of the excavated area.

(2) As-built drawings. Upon completion of construction, a scaled as-built drawing must be provided showing the locations of buried wells, closed loops, DX boreholes and horizontal connector piping, triangulated from two points on the property such as a building corner or other permanent structure. Offsets must also be shown from the nearest property line, and on-site septic systems and private water wells. As-built drawings must be certified by a licensed professional engineer.

(3) Decommissioning.

(a) If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the Building Director may require that the buried ground heat exchanger be taken out of service by the property owner.

(b) Closed loop piping systems shall be decommissioned by flushing and filling the piping with potable water and capping off the ends. If the heat transfer fluid contains regulated materials (e.g., antifreeze, biocides, or corrosion inhibitors), the heat transfer fluid shall be contained and disposed of in accordance with applicable regulations.

(c) Open loop wells shall be decommissioned per NYSDEC requirements.

(4) Setbacks and separation distances.

Setbacks and Separation Distances for Geothermal Systems (in feet)
	Closed Loop and DX Systems	Open Loop Systems3
		Supply Well		Return Well
		<45 gpm	>45 gpm	<45 gpm	>45 gpm
Public water supply well	1001	1001	1001	2001	2001
Private water supply well	25	25	501,2	50	1001,2
Sewage disposal structure, e.g., septic tank, cesspool	251	25	751,2	25	501
Stormwater recharge structure, e.g., leach field, unlined catch basin	25	25	501	25	501
Potential source of contamination; e.g., underground petroleum storage tank, chemical use and waste storage area, etc.	25	252	502	25	25
On-site utility, sewage and water line, lined catch basin	10	10	10	10	10
Building foundation	10	10	10	10	102
Property line	10	10	10	10	10

Notes:
1.	Consistent with SCDHS General Guidance Memorandum #25, Guidelines Regarding the Use of Geothermal Well Systems for Closed Loop and Open Loop Systems (applies to geothermal systems proposed in conjunction with applications for the approval of sewage disposal and water supply facilities).
2.	Setbacks and separation distances should be verified by a qualified water supply engineer or hydrogeologist for protection of building structures during re-injection through return well (under shallow water table conditions), protection of geothermal supply well water quality from sewage or chemical contamination, and protection of private drinking water supply well from thermal effects or water level drawdown caused by geothermal wells.
3.	Separation distance between the supply and return wells at a project site should at a minimum be based on recommendation from the drilling contractor, geothermal system designer, and heat pump manufacturer to minimize thermal interference. For high-capacity systems (rated >45 gpm), separation distances should be verified by a qualified water supply engineer or hydrogeologist.

§ 112-2 Penalties for offenses.

[Added 5-5-1970; amended 8-14-1990]

Any person, firm, association or corporation violating any of the provisions of this article of the Code of the Town of Smithtown shall be punishable by a fine or imprisonment, or both; however, for the purpose of confirming jurisdiction upon the courts and judicial officers, such violations shall be deemed to be misdemeanors and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person, firm, association or corporation violating any provisions of this article of the Code of the Town of Smithtown shall be subject to a penalty in the sum not exceeding $2,500 or imprisonment not exceeding 15 days for the first offense and a penalty in a sum not exceeding $5,000 or imprisonment not exceeding 30 days for a second or subsequent offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to such fine, the defendant shall pay all costs and expenses incurred by the Town in determining such violation. Each violation of this article shall constitute disorderly conduct, and any person violating the same shall be a disorderly person. The foregoing shall be in addition to all other remedies available under the law to the Town or the Town Board.

Article II Building Construction Administration

[Adopted as Ch. 9 of the 1964 Code]

§ 112-3 Designation of Building Director.

[Amended 5-8-2007]

There is hereby designated in the Town of Smithtown a public official to be known as the "Town of Smithtown Building Director," hereinafter referred to as the "Building Director," who shall be appointed by the Town Board at a compensation to be fixed by it.

§ 112-4 Acting Building Director.

[Amended 5-8-2007]

In the absence of the Building Director or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of the Building Director and to exercise all the powers conferred upon him by this article.

§ 112-5 Appointment of inspectors.

[Amended 5-8-2007]

The Town Board may appoint one building inspector or more, as the need may appear, to act under the supervision of the Building Director and to exercise any portion of his powers and duties. The compensation of such building inspectors shall be fixed by the Town Board.

§ 112-6 Restrictions on employees.

No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interests of the Building Department, nor shall he, during the term of his employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of plans or specifications thereof within the Town of Smithtown, except that this provision shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.

§ 112-7 Powers and duties of Building Director.

[Amended 5-8-2007]

A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Director shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

B. He shall have the power to adopt rules with the consent of the Town Board to secure the intent and purposes of this article and a proper enforcement of the laws, ordinances and regulations governing building construction.

C. He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.

D. He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances and regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.

E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.

§ 112-8 Department records and reports.

[Amended 5-8-2007]

A. The Building Director shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records open to public inspection during business hours.

B. The Building Director shall annually submit to the Town Board a written report and summary of all business conducted by the Department of Buildings, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 112-9 Cooperation of other departments.

[Amended 5-8-2007]

The Building Director may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments and of all municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 112-10 Building permit required; application.

A. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy or use of any building, structure or site or cause the same to be done, without first obtaining a separate building permit from the Building Director for each such building, structure or site, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.

[Amended 5-8-2007; 4-6-2010]

B. Application for a building permit shall be made to the Building Director on forms provided by him and shall contain the following information:

[Amended 5-8-2007]

(1) A description of the land on which the proposed work is to be done.

(2) A statement of the use or occupancy of all parts of the land and the proposed building or structure.

(3) The valuation of the proposed work.

(4) The full name and address of the owner and of the applicant and the names and addresses of their responsible officers if any of them are corporations.

(5) A brief description of the nature of the proposed work.

(6) A duplicate set of plans and specifications as set forth in Subsection D of this section.

(7) Such other information as may reasonably be required by the Building Director to establish compliance of the proposed work with the requirements of the applicable building laws, ordinances and regulations.

C. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized to make such application.

D. Plans.

[Amended 5-8-2007]

(1) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, the distance from lot lines, the relationship of structures on adjoining property, the widths and grades of adjoining streets, walks and alleys and, where required by the Building Director, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data.

(2) Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York,[1] the seal of a licensed architect or a licensed professional engineer. The Building Director may waive the requirement for filing plans and specifications for minor alterations.

[1] Editor's Note: These provisions are now covered in part by §§ 6501, 7304 and 7307 of the New York State Education Law.

E. Simultaneous with the applicant's obtaining a building permit, he must:

[Added 3-8-1966]

(1) Submit, in writing, a detailed drawing showing the exact number and location of each plumbing fixture and heating unit to be installed.

(2) Obtain a separate permit from the Building Director for this purpose. A permit for this purpose will not be granted unless the applicant submits specifications which limit the lead content of solder to be used in all new installations of interior plumbing carrying drinking water and all alterations thereof to a maximum of 0.20%.

[Amended 12-28-1982; 5-8-2007]

F. Simultaneous with the applicant's obtaining a building permit, if he intends to construct a fireplace he must:

[Added 3-8-1966]

(1) Submit, in writing, a detailed drawing showing the size and location of each fireplace to be installed.

(2) Obtain a separate permit from the Building Director for this purpose.

G. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Director prior to the commencement of such change of work.

[Amended 5-8-2007]

§ 112-11 Fees.

[Amended 3-8-1966; 4-5-1966; 2-22-1972; 6-5-1979; 4-20-1982; 8-24-1982; 11-13-1984; 6-23-1987; 1-12-1988; 6-11-1991; 3-27-2001; 5-27-2003; 1-10-2006]

A. The following fees prescribed herein shall be paid to the Building Department at time of application. No permits or certificates shall be issued until all applicable fees have been paid.

(1) Residential buildings. Fees shall be as follows:

[Amended 10-25-2011; 8-8-2017 by L.L. No. 4-2017; 2-5-2019; 10-4-2022 by Res. No. 2022-925; 1-18-2024 by Res. No. 2024-89]

(a) Permit for new construction: base fee of $285 and $0.52 per square foot of proposed work, including basement, each floor, attic, garage area and/or deck area.

(b) Permit for additions, alterations, fire repair, garage conversions, detached garage, decks or construction of accessory structures: base fee of $285 and $0.42 per square foot of proposed work.

(c) Residential antennas, satellite dishes, fireplaces, stoves, sheds, air-conditioning units, and heating units: $105 per unit.

(d) Plumbing permits: $52 for the first two fixtures and $26 for each additional fixture.

(e) (Reserved)[1]

[1]

(f) Gas pressure test: $105 per meter, per test.

(g) Retaining walls: base fee of $310 and $1.30 per four square feet of wall area.

(h) Residential rooftop-mounted solar panels: $155.

(2) Commercial buildings. Fees shall be as follows:

[Amended 10-25-2011; 12-13-2011; 10-2-2012; 8-8-2017 by L.L. No. 4-2017; 2-5-2019; 10-4-2022 by Res. No. 2022-925; 1-18-2024 by Res. No. 2024-89]

(a) Permits for new construction and/or additions: base fee of $520 and $0.58 per square foot of gross floor area.

(b) Interior alterations and fire repair: base fee of $360 and $0.58 per square foot of proposed work.

(c) Heating and air-conditioning units and other permanently installed equipment: $520 per unit.

(d) Plumbing permits: $260 for the first two fixtures and $32 for each additional fixture in excess of two.

(e) (Reserved)

(f) Gas pressure test: $260 per meter, per test.

(g) (Reserved)

(h) Installation of elevators: $100 per elevator and an annual fee of $50.

(i) Truss identification symbol enforcement fee: $50 per permit.

(j) Facade renovations: base fee of $260 and $0.47 per square foot of affected area.

(k) Tents: $260.

(l) Rooftop-mounted solar panels: $13 per panel, not to exceed $2,100.

(m) Commercial antennas and satellite dishes: $1,050 per unit.

(3) General permits or fees. Fees shall be as follows:

[Amended 10-25-2011; 12-13-2011; 8-8-2017 by L.L. No. 4-2017; 2-5-2019; 4-5-2022 by Res. No. 2022-319; 10-4-2022 by Res. No. 2022-925; 1-18-2024 by Res. No. 2024-89]

(a) Installation of fences: $160.

(b) Installation of aboveground or in-ground pools other than gunite or concrete: $260, including fence; gunite or concrete in-ground swimming pools: $310, including fence.

(c) Installation of ground-mounted solar panels: $300 for up to 20 panels; $300 plus $2.35 per panel in excess of 20 panels, not to exceed $26,000.

(d) Installation or removal of storage tanks: $310 per tank.

(e) Demolition of residential dwelling: $310 per dwelling; demolition of accessory structure/building: $50 per accessory structure/building.

(f) Permits for electrical work only: $50 in addition to electrical agency fees.

(g) Use permit fee: $310.

(h) Demolition of commercial structure, per structure:

Size or Structure (square feet)	Fee
Up to 9,999	$310
10,000 up to 19,999	$520
20,000 up to 49,999	$2,080
50,000 and above	$3,640

(i) Site work only: $800.

(4) An additional fee of $100 shall be paid for all residential permits that require a certificate of occupancy or a certificate of compliance. An additional fee of $200 shall be paid for all commercial permits that require a certificate of occupancy or a certificate of compliance. An additional fee of $500 shall be paid for all permits that require a temporary certificate of occupancy which shall be valid for a six-month period. A fee of $200 per residential unit or room shall be paid unless the unit or room has already obtained an individual certificate of occupancy.

[Amended 2-5-2019]

(5) Plan review. An applicant or design professional may seek a review of applicable Building Code requirements at a plan review meeting prior to the official submission of an application. A preliminary plan review fee of 20% of the building permit fee, excluding mechanical items, shall be paid therefor prior to the plan review meeting. This fee is in addition to the required building permit fee.

(6) Resubmission fee. An additional fee of $200 shall be paid if the applicant or design professional, upon resubmission of drawings, has not complied with Building Department comments. This fee is in addition to the required building permit fee.

(7) Amendments to permits involving the installation, construction, alteration or demolition of structures or appurtenances shall be issued an amendment permit for a fee of $200 for residential permits and $300 for commercial permits.

[Amended 10-4-2022 by Res. No. 2022-925]

(8) Unless otherwise indicated in Subsection A(9) below, and in lieu of the regular permit fee, a built-prior permit fee of three times the regular permit fee shall be charged for any residential or commercial permit or accessory structure permit or sign permit, for any structure or installation built prior, or installed prior, to an application, permit or certificate being filed and/or issued.

(9) A fee of $150 per item, in addition to the regular permit fee, shall be charged for an application for carports, outside basement entrances, fireplaces, porches, roofs over patios or roofs over decks, decks, gazebos, aboveground swimming pools, hot tubs, fencing, retaining walls, oil tanks, satellite antennas, solar panels, or sheds measuring 144 square feet or less, built prior, or installed prior to an application, permit, or certificate being filed and/or issued, and for swimming pools demolished prior to an application, permit or certificate being filed and/or issued.

[Amended 4-26-2018; 10-4-2022 by Res. No. 2022-925]

(10) Building permits and certificates, as set forth herein, may be accorded expedited review, processing and issuance, so long as the applicant therefor shall pay, as an additional fee, all administrative costs on an overtime basis, subject to staff availability.

[Added 10-10-2006]

B. In the event that an application for a building permit is not approved, amended, or is withdrawn, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction has been commenced and the application is not approved, amended, or is withdrawn, the fees paid shall not be refunded.

[Amended 1-21-2016]

C. Certificates of occupancy. A fee of $50 per document shall be paid to the Building Department for a certificate of occupancy, whether for an original building or structure or any addition or alteration thereto. A fee of $50 per document shall be paid to the Building Department for a duplicate certificate of occupancy and a fee of $500 shall be paid to the Building Department for a property history letter. The history letter will describe all structures of record with or without permits and their uses and sizes.

[Amended 10-4-2022 by Res. No. 2022-925]

D. Reproduction of documents. A fee of $4 per page shall be charged for the reproduction or photocopying of any document or record contained in the Building Department.

[Amended 10-4-2022 by Res. No. 2022-925]

E. Expirations and renewals. All permits shall expire one year from the date of issuance. A permit may be renewed once, upon the expiration thereof. The renewal fee shall be 1/2 of the original fee. Any subsequent permit shall be deemed a new application for which the standard fees shall apply.

[Amended 9-24-2009]

F. Inspections. Up to two inspections shall be performed for each required inspection category. In the event that additional inspections are required, an additional fee of $50 shall be charged for each additional inspection.

G. No application fees shall be charged for government agencies.

[Added 2-16-2023 by Res. No. 2023-186]

§ 112-12 Issuance of building permit or disapproval.

A. The Building Director shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time.

[Amended 5-8-2007]

B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto.

C. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved." One set of approval plans and specifications shall be retained in the files of the Building Department, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site, open to inspection by the Building Director or his authorized representative at all reasonable times.

[Amended 5-8-2007]

D. The Building Director shall not issue a building permit pursuant to the provisions of this article unless and until the Superintendent of Highways and the Town Engineer have certified to him, in writing, that the roads leading to the structure for which such building permit is sought are in passable condition for the use of emergency vehicles. No road shall be certified to be in passable condition unless and until it shall consist of a full width of subgrade of six-inch soil-stabilized earth on a permeable base; said subgrade must also have been treated with at least one coat of road oil for the full width. The provisions of this subsection shall not apply to the issuance of a building permit for a dwelling to be erected on a lot, which lot fronts on a street shown upon a plat approved by the Planning Board of the Town of Smithtown as provided in §§ 276 and 277 of the Town Law of the State of New York and for which plat a performance bond in accordance with the requirements of the Smithtown Subdivision Regulations[1] is on file with the Town of Smithtown at the time of the application for such building permit; nor shall said provisions apply to the issuance of a building permit for alterations of an existing structure for which structure a valid and effective certificate of occupancy is then in existence; nor shall said provisions apply to the erection or alteration of accessory buildings as defined in the Building Zone Ordinance[2] of the Town of Smithtown.

[Added 7-12-1966; amended 5-8-2007]

[1] Editor's Note: See Ch. 248, Subdivision of Land.

[2] Editor's Note: See Ch. 322, Zoning.

E. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Building Director shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the applicant, the Building Director shall cause such refusal, together with the reason therefor, to be transmitted to the applicant in writing.

[Amended 5-8-2007]

§ 112-13 Performance of work under building permit.

A. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Building Director may allow a maximum of two extensions for periods not exceeding three months each. In the event that the work authorized by the permit is not completed within such time, the Town may direct the permittee to restore the premises to the condition which existed prior to the issuance of the permit, such action to be brought in Supreme Court, in accordance with § 112-24 herein.

[Amended 8-11-1987; 5-8-2007]

B. The issuance of a building permit shall constitute authority to the applicant to proceed with the work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications.

C. Building permits shall be prominently displayed on the job site at all times during the progress of construction, so as to be readily seen from adjacent thoroughfares.

§ 112-14 Revocation of building permit.

A. The Building Director may revoke a building permit theretofore issued in the following instances:

[Amended 5-8-2007]

(1) Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.

(2) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law.

(3) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.

(4) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Director.

B. Where a person shall have constructed a foundation and such foundation shall have remained without further construction and/or without any capping of the foundation for a period of over 90 days, the Town may for safety purposes:

[Added 5-2-1978]

(1) Revoke the building permit.

(2) Enter on the premises and fill in and/or cap the foundation for the purposes of such safety, and all expenses incurred by the Town shall be the liability of said person or owner of the property.

C. Where a building permit is revoked, the person to whom the permit was issued shall, within 30 days thereof, submit a plan to the Building Director to bring the subject of the permit into compliance with the Town of Smithtown Zoning Ordinance[1] and the New York State Fire Prevention and Building Code, or shall, upon obtaining the necessary permit, remove it.

[Added 9-24-2009]

[1] Editor's Note: See Ch. 322, Zoning.

§ 112-15 Stop-work orders; penalty.

[Amended 8-24-1982; 5-8-2007; 9-24-2009; 4-6-2010; 9-20-2012]

A. Whenever the Building Director has reasonable grounds to believe that work on any building, structure or site is being prosecuted in violation of the provisions of the applicable building laws, ordinances or regulations or not in conformity with the provisions of the application, plans or specifications on the basis of which the building permit was issued or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner’s agent, or the person performing the work to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop-work order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed, either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail.

B. Penalty for failure to comply with stop-work order. Any person, owner, or owner’s agent or the person performing the work who shall fail to comply with a stop-work order issued by the Building Director shall be subject to a fine or penalty of not less than $1,000 nor more than $5,000 for a conviction of a first offense; upon conviction of a second violation where the offense is committed within five years of the first conviction, a fine of not less than $2,000 nor more than $10,000; and upon conviction of a third or subsequent violation where the offense is committed within five years of the first and second conviction, which shall constitute a misdemeanor, a fine of not less than $4,000 nor more than $15,000 or imprisonment not to exceed six months, or both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons shall constitute a separate offense punishable in like manner.

§ 112-16 Right of entry.

[Amended 5-8-2007]

The Building Director and building inspectors, upon the showing of proper credentials and in the discharge of their duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry.

§ 112-17 Certificate of occupancy.

[Amended 3-8-1966; 12-22-1987; 5-8-2007]

A. No building or structure shall be maintained, used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Director.

[Amended 9-24-2009]

B. No building or structure which is enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall continue to be maintained, used or occupied for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Director; nor shall any such building or structure be permitted to remain in a state of incompletion absent a valid, unexpired building permit.

[Amended 9-24-2009]

C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Director.

D. The owner or his agent shall make application for a certificate of occupancy. Accompanying this application, and before the issuance of a certificate of occupancy, there shall be filed with the Building Director:

(1) An affidavit of the registered architect or licensed professional engineer who filed the original plans or of the registered architect or licensed professional engineer who supervised the construction of the work or of the superintendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.

(2) A duly executed certificate issued by a duly recognized electrical inspection agency.

(3) A Town of Smithtown Plumbing Inspector's certificate of compliance for heating and plumbing installations and facilities.

(4) A Town of Smithtown Building Director's certificate of compliance for fireplaces.

(5) A Town of Smithtown Building Inspector's approval indicating compliance with all required inspections of the New York State Fire Prevention and Building Code.

[Added 9-24-2009]

§ 112-18 Inspection prior to issuance of certificate.

A. Before issuing a certificate of occupancy, the Building Director shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued.

[Amended 5-8-2007]

B. There shall be maintained in the Building Department a record of all such examinations and inspections, together with a record of findings of violations of the law.

§ 112-19 Issuance of certificate of occupancy.

A. When, after final inspection, it is found that the proposed work has been completed in accordance with the applicable building laws, ordinances and regulations and also in accordance with the application, plans, and specifications filed in connection with the issuance of the building permit, the Building Director shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Director shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.

[Amended 5-8-2007]

B. The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

§ 112-20 Temporary certificate of occupancy.

[Amended 12-11-1973]

A. Pursuant to § 322-92 of the Town Code, the Building Director may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit is completed, provided that such portions as have been completed may be occupied safely without endangering life or the public welfare.

[Amended 5-8-2007]

B. A temporary certificate of occupancy shall remain effective for a period not exceeding one year from the date of issuance.

[Amended 2-6-2024 by Res. No. 2024-167]

§ 112-21 Tests.

[Amended 5-8-2007]

Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform to the requirements of the applicable building laws, ordinances or regulations, the Building Director may require the same to be subjected to tests in order to furnish proof of such compliance.

§ 112-22 Elevator inspections.

[Added 2-3-1970; amended 6-6-2023 by Res. No. 2023-614]

A. The owners of all buildings, except one- and two-family dwellings, in which elevators are installed shall arrange for competent inspections, by New York State-approved inspectors, of passenger elevators every six months and freight elevators every 12 months.

B. A copy of such inspections completed in accordance with the current standards set forth in the New York State Uniform Fire Prevention and Building Code must be posted in each elevator car and provided to the Town upon request.

§ 112-23 Penalties for offenses.

In accordance with § 385 of Article 18 of the Executive Law of the State of New York:

A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any provision of law or rule promulgated by the Building Department in accordance with applicable laws or to fail in any manner to comply with a notice, directive or order of the Building Director or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy.

[Amended 5-8-2007]

B. Any person who shall fail to comply with a written notice, directive or order of the Building Director within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Director made thereunder shall be punishable by fine, penalty or imprisonment, or both; however, for the purpose of conferring jurisdiction upon courts and judicial officers, such violations shall be deemed to be misdemeanors, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. For each violation of the provision of this article, any person, firm or corporation violating any provisions of this article of the Town of Smithtown shall be subject to a fine or penalty in a sum not less than $1,000 nor more than $2,500 for a conviction of a first offense; upon conviction of a second violation where the offense is committed within five years of the first conviction, a fine of not less than $2,000 nor more than $5,000; and upon conviction of a third or subsequent violation where the offense is committed within five years of the first and second convictions, shall constitute a misdemeanor, which a fine of not less than $4,000 nor more than $15,000 or imprisonment not to exceed six months, or both such fine and imprisonment. Each day, or part thereof, such violation continues following notification by the Town or service of a summons shall constitute a separate offense punishable in like manner.

[Amended 3-22-1966; 10-8-1985; 5-8-2007; 9-20-2012]

C. Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof.

§ 112-24 Abatement of violation.

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to penalties otherwise prescribed by law.

§ 112-25 Unsafe buildings; unsafe structures. [1]

[Amended 5-8-2007; 5-17-2012]

A. All buildings and structures which are structurally unsafe, unsanitary or not provided with adequate egress or which constitute a fire hazard or are otherwise dangerous to human life or which, in relation to existing use, constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this article, unsafe buildings or structures. All unsafe buildings or structures are hereby declared to be unlawful. All such unsafe buildings or structures shall be abated by repair and rehabilitation or by demolition in accordance with the procedure of this section.

B. The Building Director shall examine or cause to be examined every building or structure reported as unsafe or damaged and shall make a written record of such examination.

C. Whenever the Building Director shall find any building or structure or portion thereof to be an unsafe building or structure as defined in this article, he shall, in the same manner as provided for the service of stop orders in § 112-15 of this article, give to the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner, within a stated time, either to complete specified repairs or improvements or to demolish and remove the building or structure or portion thereof.

D. If the Building Director finds that there is actual and immediate danger of failure or collapse so as to endanger life, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the Building Director. The Building Director shall cause to be posted at each entrance to such building or at another conspicuous location at such structure, a notice: THIS BUILDING/STRUCTURE IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING DEPARTMENT. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or their agents or other person to remove such notice without written permission of the Building Director or for any person to access the building or structure except for the purpose of making the required repairs or of demolishing the same.

E. In cases of emergency which, in the opinion of the Building Director, involve imminent danger to human life or health, he shall promptly cause such building, structure or portion thereof to be made safe or to be removed. For this purpose he may at once access such building or structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as may be necessary. He may vacate adjacent structures and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way.

F. Costs incurred under Subsections D and E of this section shall be paid out of the Town general fund on certificate of the Building Director. Such costs shall be charged to the owner of the premises involved and shall be collected in the manner provided by law.

[1] Editor's Note: See also Ch. 115, Buildings, Unsafe.

§ 112-26 Retaining walls, sea walls and bulkheading.

[Added 2-19-1963]

No retaining wall, sea wall or bulkheading of any character shall be constructed, altered, removed or demolished, nor shall work therefor be commenced, until a permit therefor has been applied for and obtained as provided by § 112-10 of this article. No such permit shall be issued until and unless detailed plans and specifications for the proposed retaining wall, sea wall and bulkheading have been submitted to and approved by the Town Engineer.