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Smithtown, NY Building Safety: Building Inspections (2026)

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

Key Facts

Final inspection
Required before certificate of occupancy, § 112-18/112-19
Temporary CO limit
Effective up to one year, § 112-20
Elevator inspection
Passenger every 6 months, freight every 12, § 112-22
First-offense fine
$1,000 to $2,500, § 112-23B
Enforcing officer
Chief Building Inspector

Summary

Smithtown requires a building permit before construction begins, and the Chief Building Inspector examines every site during and after the work before issuing a certificate of occupancy. No building may be used or occupied until that certificate is issued, and inspections continue for the life of certain equipment like elevators.

Before issuing a certificate of occupancy, the Chief Building Inspector 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.

Full Breakdown

Under Town Code § 112-12, the Chief Building Inspector examines every building permit application and either approves or disapproves it within a reasonable time; once approved, one set of endorsed plans stays on file with the Building Department and the other must be kept at the job site, open to inspection at all reasonable times (§ 112-13C requires the permit itself to be posted so it can be seen from the street). Section 112-16 gives the Chief Building Inspector and building inspectors a right of entry to any building, structure or premises at any reasonable hour upon showing proper credentials, and no one may interfere with that entry.

Before a certificate of occupancy issues, § 112-18 requires the Chief Building Inspector to examine or cause to be examined all buildings, structures and sites covered by a permit, with a Building Department record kept of every examination and any violations found. Section 112-19 then requires a final inspection confirming the work matches the approved plans before the certificate can be issued; if the work isn't properly completed, the Inspector must refuse the certificate and order the work brought into conformity. A temporary certificate of occupancy can be issued under § 112-20 for partially completed work if the finished portion can be safely occupied, but it lapses after one year.

Section 112-21 lets the Inspector order materials or assemblies tested whenever there are reasonable grounds to doubt compliance. Elevator owners face a recurring inspection duty separate from construction: § 112-22 requires passenger elevators to be inspected every six months and freight elevators every 12 months by New York State-approved inspectors, with a copy of the results posted in the car.

Violations & Fines

Working without a required inspection or occupying before a certificate of occupancy issues violates Article II of Chapter 112. Under § 112-23, first offenses carry a fine of $1,000 to $2,500; a second offense within five years runs $2,000 to $5,000; a third or later offense within five years is a misdemeanor punishable by $4,000 to $15,000 or up to six months in jail, or both. Each day a violation continues after notice or a summons is a separate offense.

Frequently Asked Questions

Can I occupy my Smithtown addition before the final inspection?
No. Section 112-17 bars using or occupying a building or an enlargement, extension or alteration until the Chief Building Inspector issues a certificate of occupancy, and continued use more than 30 days after the work is done without one is itself a violation.
How often must Smithtown elevators be inspected?
Section 112-22 requires owners of buildings other than one- and two-family dwellings to arrange inspections by a New York State-approved inspector every six months for passenger elevators and every 12 months for freight elevators, with proof posted in the car.
What happens if my Smithtown building permit inspection finds noncompliant work?
Under § 112-19A, the Chief Building Inspector refuses the certificate of occupancy and orders the work completed in conformity with the permit and applicable building regulations before it can be reinspected.

Sources & Official References

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