[HISTORY: Adopted by the Town Board of the Town of New Castle 11-22-2011 by L.L. No. 15-2011. Amendments noted where applicable.]
Installation of a sprinkler system is hereby required:
In all occupied buildings, including but not limited to all residential and commercial buildings for which building permits are issued on or after the effective date of this section.
In all existing buildings used for nonresidential purposes for which a certificate of occupancy is required at the time of a change of use, whether or not a building permit is required, if the Building Inspector determines that the change of use would result in a more intensive use or increased occupancy creating a greater potential risk of loss, injury or damage in the event of a fire.
No building permit shall be issued for the construction of any occupied building or alteration or restoration of any portion thereof or addition thereto, which construction, alteration or restoration calls for an increase in the floor area of such building of more than 30%, unless the plans and specifications incorporate a sprinkler system complying with the provisions of this section and are signed and sealed with respect to such sprinkler system by a New York State registered engineer. In the event such construction, alteration or restoration increases the floor area of any building by more than 30% but less than 50%, a sprinkler system shall be required in the area of such construction, alteration or restoration only. In the case of repairs of damage from fire, storm or other act of God resulting in structural damage to any building to the extent of 50% or more or in the event any proposed construction, alteration or restoration increases the floor area of any building by 50% or more, a sprinkler system shall be required for the entire structure.
No certificate of occupancy shall be issued for occupancy or use of any building, structure or portion thereof required to have a sprinkler system pursuant to this chapter unless such system is installed, inspected, tested, approved and certified by a New York State licensed professional engineer or licensed architect that the installation complies with the plans which were submitted.
Exception. Sprinklers shall not be required to be installed in spaces where the discharge of water would be hazardous as determined by the Building Inspector. Applications for exception shall be made, in writing, to the Building Inspector with copies filed with the Town Board and Town Engineer. All determinations of the Building Inspector made hereunder shall be in writing and shall be mailed to the applicant and filed with the Town Board and Town Engineer. In such places, other approved fire-extinguishing equipment should be provided, as approved by the Building Inspector of the Town of New Castle. In addition, the provisions of this chapter shall not apply to the extent existing state law exempts pre-manufactured housing.
Application for variances from the strict application of this chapter shall be made to the Zoning Board of Appeals pursuant to the following procedures:
Grounds for appeal. The grounds for such appeal shall consist of at least one of the following:
Time to file appeal. The time in which to file an appeal under this chapter shall be no more than 60 days from the date of the issuance of a building permit.
Pursuant to Town Law § 267, Subdivision 5, the Zoning Board of Appeals shall decide such appeal within 60 days after the date of the final hearing. However, failure to render a decision within said time period shall not be deemed an approval of the application.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The imposition of the penalty herein prescribed shall not preclude the institution of an appropriate action or proceeding to prevent an unlawful act, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the occupancy of a building, structure or premises or to compel compliance with this chapter.
In case a person, after a notice or order has been duly served, shall fail, neglect or refuse to comply therewith, the Building Inspector or Assistant Building Inspector may issue an appearance ticket for the personal appearance of such person before the Town Justice Court.