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Hempstead, NY Building Safety: Building Inspections (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Hempstead Code § 86-21A
Records kept
All inspections and violations, public record
Final survey required
Before CO or completion certificate issues
Temporary CO length
3 months, renewable twice
Testing authority
Building Inspector, cost borne by applicant

Summary

Before issuing a certificate of occupancy, certificate of completion, or certificate of approval of plumbing or drainage work, the Building Inspector must examine or have examined every building, structure, site and related work covered by the application, under § 86-21A, and may inspect again at any point during construction.

Before issuing a certificate of occupancy, a certificate of completion, or a certificate of approval of plumbing or drainage work, the Building Inspector shall examine or cause to be examined all buildings, structures, sites and work for which such application has been filed; and he may conduct such inspection as he deems appropriate from time to time during and upon completion of the work.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

The Building Department keeps a permanent record of every examination and inspection performed under § 86-21A, together with a record of any violations found, per § 86-21B; those records are public under § 86-7A. Once inspections confirm the work substantially matches the approved permit, § 86-22A requires the certificate of occupancy, certificate of completion, or certificate of plumbing approval to issue within a reasonable time, but § 86-22B first requires the applicant to submit a final survey for a certificate of occupancy or completion. If a project is not finished but part of it can be occupied safely, the Building Inspector can issue a temporary certificate of occupancy under § 86-23, valid for up to three months and renewable twice more for three months each, for good cause.

Separately, § 86-24 lets the Building Inspector require material, construction, equipment or an assembly to be tested by a designated testing agency, at the applicant's own expense, whenever there are reasonable grounds to believe it does not conform to applicable building laws, ordinances or regulations. Inspections are not limited to the final walk-through: § 86-21A specifically authorizes the Building Inspector to inspect work 'from time to time during and upon completion,' giving inspectors standing authority to visit an active job site at multiple stages rather than waiting until the work is done.

Violations & Fines

Occupying or using a building before the required certificate of occupancy or completion is issued is itself unlawful under § 86-18 and § 86-19(1), and obstructing or refusing entry to an inspector conducting a lawful inspection violates § 86-6. Both are enforced through Chapter 86's general penalty section, § 86-25B: $500 to $2,500 or up to 15 days in jail for a first offense, rising to $3,000 to $10,000 for a third offense within five years.

Frequently Asked Questions

Can I occupy my house before the certificate of occupancy is issued?
No. Section 86-18A bars occupying or using any newly erected building, in whole or part, until the Building Inspector issues a certificate of occupancy confirming the work conforms to the permit and applicable law. Occupying early is a separate Chapter 86 violation.
What if my project is only partly finished but livable?
The Building Inspector can issue a temporary certificate of occupancy under § 86-23 for the completed portion, as long as it can be occupied safely. It runs for up to three months and can be extended twice more for three months each, for good cause.
How many times will an inspector visit my job site?
There is no fixed number. Section 86-21A lets the Building Inspector examine the work 'from time to time during and upon completion,' in addition to the final inspection required before any certificate of occupancy, completion, or plumbing approval is issued.

Sources & Official References

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