Town of Yorktown, NY Article I Adoption of Standards by Reference; Sprinklers

§ 130-1 Acceptance of standards.

The Town Board of the Town of Yorktown hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code. Any provision or requirement of the New York State Uniform Fire Prevention and Building Code may be modified solely through procedures established by the Secretary of State of New York, pursuant to Executive Law § 381.

§ 130-2 Mandatory use of sprinkler system.

A. All new buildings designed for occupancy or use as classified by Chapter 3 of the New York State Fire Prevention and Building Code listed below, which buildings are constructed after the effective date of this Article II, shall be required to have approved sprinkler systems as hereinafter listed and defined. Such systems shall be approved by the National Fire Protection Association or another nationally recognized approval organization prior to installation and shall meet all prescribed standards of installation and operations.

(1) Residential Group R.

(2) Business Group B.

(3) Factory Group F.

(4) Mercantile Group M.

(5) Storage Group S.

(6) High-Hazard Group H.

(7) Assembly Group A.

(8) Institutional Group I.

(9) Educational Group E.

NOTE: Detached buildings containing no more than two dwelling units are exempt from this requirement.

B. No building permit shall be issued for the construction of any building, structure or portion thereof unless compliance is met, as defined in Subsection A above.

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, as defined in Subsection A above, unless such system is installed, inspected, tested and approved.

D. Exception. Sprinklers shall not be required to be installed in spaces where the discharge of water would be hazardous. In such places, other approved fire-extinguishing equipment should be provided, as approved by the Bureau of Fire Prevention.

E. An aggrieved party may appeal from these local, more-stringent code requirements by applying for a variance from the Zoning Board of Appeals. All variance applications shall be processed pursuant to Chapter 300, Zoning. The Zoning Board of Appeals shall not assume jurisdiction over nor interpret or modify any provision of the New York State Uniform Fire Prevention and Building Code, nor shall it in any manner substitute for the Regional Boards of Review with respect to uniform code provisions.

F. The grounds for such appeal should include, but not be limited to, the following:

(1) Undue economic hardship or burden.

(2) Restriction from the achievement of a valid state or federal policy.

(3) Physical or legal impossibility.

(4) Impediment to the intended objective of the regulation.

(5) Unnecessary, in light of viable alternatives which meet the intended objective of this more-stringent Article I.

G. The application for review shall include a complete set of building plans showing all alternative fire-prevention devices.

H. An aggrieved party's appeal shall be accepted up to 60 days from the date of the Building Inspector's written determination that a sprinkler system is required pursuant to this section.