You will need a permit beforeany building or structure is built, enlarged, moved, changes to how it's used, or when the occupancy or use in any part of a building changes. Changes to walls do not have to be loadbearing to still require permits. Any constructing, enlarging, altering, repairing, moving the building or moving a business into an existing building, demolishing in part or in whole, or changing the occupancy of a building all require permits. Some work that does not require a permit may still need to comply with Zoning. For more details on permit requirements, please contact the Building and Zoning Office at (401) 233-1039.
Do I need a permit for accessory structures including sheds and fences?
Yes. Sheds with footprints two hundred (200) square feet or greater, and fences taller than six (6) feet near homes and taller than seven (7) feet near anything other than a home, require building permits. To learn what a fence actually is or can be, click here. For safety, a shed must be properly anchored to the ground either how the manufacturer requires it or how Code prescribes it.
How long will it take for the Building and Zoning Office to issue my permit?
The short answer is ASAP, but State law requires initial review to start within 15 calendar days after submission. However we typically issue approval or ask clarifying questions within 10 business days of submission. Submission means it has cleared Tax Assessor and possibly Fire Department approval. Once the Building Official can approve the application, you will receive an email letting you know the permit will be issued immediately after permit fees are paid. If the permit application is incomplete, deficient, overly vague, the narrative doesn't match the drawings, or the building plans fail to conform to applicable building code or state law, then the Building Official must reject the application citing his/her basis for rejection and Smithfield does so in writing. The Building Official then has an additional fifteen (15) calendar days, from the date the final amendment is submitted, to reexamine the amended permit application.
How can I make sure approving my permit won't take very long?
We are committed to reviewing projects and plans as quickly as they come in and in the order they come in. We typically complete initial review of projects and either approve or ask questions about the project within 10 business days after submittal. Submittal means Tax Assessor and Fire approval, if required, is completed. To minimize delays, we will are happy to offer preliminary building code opinions to help you finalize your project before submittal. We also recommend seeking design professional advice. Finally we ask that when the permit is submitted, all drawings and narratives are in their final and ready-to-build design with all options settled.
This fee estimator does not include Development Impact Fee calculations which are applicable to new residential construction. To see how a development impact fee may affect your project, click on this link to Town Ordinance Article 193 §193-12.
What inspections are required after my permit is issued?
Every project is unique so what inspections you will need may vary. When the Building and Zoning Office issued your permit, you should refer to the What To Expect When We Are Inspecting documents to explain what you may need inspected and in what order the Codes require things be inspected. View inspection procedures.
How can I avoid problems with a contractor?
Ask the right questions before retaining them:
Are they registered with Rhode Island’s Contractor’s Registration Board?
Request a copy of contractor’s registration card and check that their registration number is valid/current.
Are they insured?
All work more than $1000 must be in writing, so what is on the written contract?
Will they describe or show you previous jobs/work similar to yours?
Commercial projects; are they accustomed to commercial work or are they more familiar with residential?
Can they show you copies of permits before starting labor?
In Rhode Island general contractors are registered and not licensed. A general contractor cannot legally accept work in Rhode Island without registering with the Contractor’s Registration Board.
What can I do if I am having problems with my contractor?
We hope that every project goes smoothly but sometimes that doesn't happen and you may want help resolving disputes. To minimize misunderstandings, we ask that you be curious and stay involved with your project by asking questions and documenting your conversations with your contractor. Contractors work best when they are crystal clear what you want and what you want is written out in the contract and on the Town Approved plans. If you aren't sure what y'all discussed is accurate or to Code, call us in the Building and Zoning Department at (401) 233-1039 and we can try to help clear the air. But if things cannot be resolved, that is where the State of Rhode Island has provided a process to submit contractor complaints, found at this link to the RI Contractors Registration and Licensing Board. You can also call the Licensing board at (401) 921-1590.
ADA fees have nothing to do with federal handicap accessibility laws or statewide handicap accessibility codes. ADA fees are a RI State legislatively mandated fee that funds the digital infrastructure necessary for online permitting, electronic plan review, electronic inspection, digital permit management, internet and digital maintenance. The fee is a .1% levy applied to every permit issued; for single and two-family homes, the fee is capped at $50.00. The ADA fee is non-refundable if a permit is expired, rejected, or withdrawn after plan or project review is initiated. If you'd like more information on ADA fees, click on this link: webserver.rilin.state.ri.us/Statutes/TITLE23/23-27.3/23-27.3-108.2.HTM
Zoning
What is Zoning and how does zoning benefit me?
Zoning promotes responsible community growth and operation by ensuring that neighbors coexist in a functional, clean, and aesthetically pleasing environment. These benefits flow to you via zoning enforcement by zoning officials and decisions from the Smithfield Zoning Board.
So what is Zoning?
Zoning is not a code. Zoning is a regulated ordinance and Zoning is how Smithfield works with our community when someone wants or needs to change the land or buildings near you. Zonings purpose is to maintain safety and the feeling and character you love about our town. Zoning is also a term that refers to how cities and towns regulate land use. That regulation comes from Rhode Island General Laws, Chapter 45-24, titled the “Rhode Island Zoning Enabling Act of 1991.” That law requires every city and town create, maintain, and enforce a local zoning ordinance that conforms to important and basic provisions under that Zoning Enabling Act. Zoning includes, but is not limited to, the regulation of signs, parking, and land development.
Does a Zoning application or appeal have any timelines or deadlines?
Yes, all applications have deadlines and benchmarks to ensure the application is moving along. To see a simplified flowchart for Zoning applications and appeals, click here.
I have an interest in a specific property. What is that property zoned?
A property’s zone may be found using Smithfield’s electronic Geographic Information System (GIS). Please note that GIS is not always updated at the same time that zoning districts are updated. Please contact us to be sure what your Zone is and if a Zoning Certificate is needed. Find the “Geographic Information (GIS)” tool under the link titled “Smithfield Info” on the menu at the top-left hand corner of this page. Please follow the instructions on the “Geographic Information (GIS)” page.
Need assistance? Contact the Building and Zoning Office at (401) 233-1039.
What is a zoning certificate and how can I get one?
A zoning certificate is a zoning official’s written determination of a property’s zoning status. Zoning certificates may include information on zoning districts, legality of use, and zoning violations. Parties can appeal a zoning official’s determination to the Zoning Board. Zoning certificates cost twenty dollars ($20). Signed Zoning Certificates are mailed to the applicant or may be picked up during normal business hours.
Home offices are permitted by right in most, but not all, all residential districts. Some home based businesses require a business registration filed with the Town Clerk. A business registration may require or at least be helped by a Zoning Certificate. Call the Zoning Department to ask more about that. In a few cases, appearance before the Zoning Board for a special use permit may be required. Please be aware that some business operations are prohibited in residential districts altogether. Avoid unwanted problems by consulting with the Zoning Deputy Official before operating a business from your home. Your Zoning Deputy Official can be reached at 401-233-1039.
I'm confused. How do I contact you for more information?
No worries. Call the Building and Zoning Office at (401) 233-1039 and let us explain. We are willing to meet you on site, at your home, office, or the subject property, to help you get the job done.