Smithtown, NY Fire Regulations: Smoke Detectors (2026)
Key Facts
- Governing section
- Smithtown Code § 164-36
- Applies to
- Buildings with sleeping accommodations
- Placement
- In or adjacent to sleeping quarters
- Enforcing agency
- Fire Prevention Division
- First offense
- Up to $2,500 fine or 60 days jail
- Repeat offense
- Up to $5,000 fine or 90 days jail
Summary
Smithtown Code § 164-36 requires every building or structure with sleeping accommodations, including single- and multiple-family dwellings, to have an approved automatic smoke-detection and alarm device in or near all sleeping quarters. The Fire Prevention Division enforces this under Chapter 164, Fire Prevention.
Any building or structure or portion thereof occupied or used by persons for whom sleeping accommodations are provided therein, including single- and multiple-family dwellings, shall be protected by an approved automatic smoke-detection and alarm device located in or adjacent to all sleeping quarters or where otherwise specified by the Fire Marshal in accordance with applicable laws, rules and regulations.
Full Breakdown
Under § 164-36 of the Smithtown Code, any building or structure, or portion of one, that is occupied or used by persons for whom sleeping accommodations are provided must be protected by an approved automatic smoke-detection and alarm device located in or adjacent to all sleeping quarters, or wherever else the Fire Marshal specifies. This covers single-family homes and multiple-family dwellings alike, and the device must comply with applicable state and local laws, rules and regulations rather than a fixed brand or model list. The Town layers on a stricter standard for larger residential buildings: § 164-134 requires every multiple-unit dwelling and multiple-residence facility to carry a supervised, circuited fire and smoke detection system, with smoke sensors placed in or near sleeping quarters and thermal detection units in attics, basements, utility rooms and storage rooms, each area between fire walls separately zoned, plus an enunciator panel and alarm bells positioned where the Fire Marshal specifies.
Enforcement runs through the Fire Prevention Division, a division of the Town's Department of Public Safety, which is charged under § 164-8 with inspecting buildings, lots and structures (other than the interiors of single-family homes) to find and correct fire hazards, and which may enter premises for inspection under § 164-7. When the Division finds a violation, including a missing or nonfunctioning detector required under § 164-9, it issues a corrective order served on the owner, tenant or responsible party per § 164-10, either by direct delivery or by posting on the premises with a certified-mail follow-up within 24 hours.
Violations & Fines
Failing to install or maintain the required smoke-detection equipment is a violation of Chapter 164 punishable under § 164-167: a fine of up to $2,500 or up to 60 days in jail, or both, for a first offense, rising to a $5,000 fine or up to 90 days in jail, or both, for a second or subsequent offense. Each day the violation continues counts as a separate offense, and the Town Attorney may also pursue civil actions, injunctive relief and recovery of the Town's enforcement costs.
Frequently Asked Questions
Does Smithtown require smoke detectors in single-family homes?
Are the rules different for apartment buildings?
Who inspects for compliance and what happens if a detector is missing?
Sources & Official References
Other rules in Smithtown
New York rules heatmap·Compare Smithtown to another location·View the New York fire regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Smoke Detectors in Nearby Cities
How other cities in Suffolk County handle smoke detectors.