[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.]
A.
Installation of a sprinkler system is hereby required:
(1)
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.
(2)
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.
|
Such systems shall be designed and installed in accordance with
the standards of the National Fire Protection Association, and such
systems shall be comprised of equipment listed and approved by Factory
Mutual, Underwriters Laboratories, Inc., or other nationally recognized
approval organization as may be approved by the Town Engineer.
|
B.
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.
C.
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.
D.
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.
E.
Application for variances from the strict application of this chapter
shall be made to the Zoning Board of Appeals pursuant to the following
procedures:
(1)
Grounds for appeal. The grounds for such appeal shall consist of
at least one of the following:
(2)
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.
(3)
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.
A.
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.
B.
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.
C.
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.
