[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.
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.
[Adopted as Ch. 8 of the 1964 Code]
[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.
[Added 5-17-2012 by L.L. No. 2-2012]
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.
[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.
[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.
|
[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.
[Adopted as Ch. 9 of the 1964 Code]
[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.
[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.
[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.
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.
[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.
[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.
[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.
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: 1) the performance of ordinary repairs which are not structural
in nature and 2) a detached residential storage or tool shed that
is an accessory structure to a one- and two-family dwelling, provided
gross floor area of the shed does not exceed 144 square feet, the
shed does not exceed 12 feet in height, and the shed is located in
a conforming location on the property.
[Amended 5-8-2007; 4-6-2010; 6-11-2024 by Res. No. 2024-603]
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.
(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, 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.
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]
[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.
(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.
(f)
Gas pressure test: $260 per meter, per test.
(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.
(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.
(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
|
(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]
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 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 of the Town of Smithtown.
[Added 7-12-1966; amended 5-8-2007]
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]
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.
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 and the New York State Fire Prevention and Building Code,
or shall, upon obtaining the necessary permit, remove it.
[Added 9-24-2009]
[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.
[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.
[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]
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.
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.
[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]
[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.
[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.
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.
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.
[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.
[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.