[HISTORY: Adopted by the Town Board of the Town of Gates 8-2-2004 by L.L. No. 1-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 59.
Building construction and fire prevention — See Ch. 70.
Fire systems safety — See Ch. 98.
[1]
Editor's Note: This local law also repealed former Ch. 97, Fire Sprinkler Systems, adopted 5-5-1997 by L.L. No. 4-1997, as amended 12-4-2000 by L.L. No. 3-2000.
This chapter shall be known as the "Town of Gates Fire Sprinkler System Law."
It is the intention of this chapter to provide for the installation, maintenance, approval and compliance of automatic sprinkler systems within the Town of Gates.
As used in this chapter, the following terms shall have the meanings indicated:
ADDITION
The extension or increase in area, height or equipment of a structure1
ALTERATION
Any change, rearrangement or addition to a structure, other than repairs; any modification in construction or in equipment.
AUTOMATIC SPRINKLER SYSTEM
A sprinkler system, for fire protection purposes, designed in accordance with fire protection engineering standards. Where the provisions of this Code require that a building or portion thereof be equipped throughout with an automatic sprinkler system, sprinklers shall be installed throughout in accordance with the applicable NRA standard as referenced in the Uniform Code.
REPAIRS
Replacement or renewal, excluding additions, of any part of a structure, with like or similar materials or parts, for the purpose of maintenance, preservation or restoration of such materials.
A. 
Any building or structure as classified by the New York State Building and Fire Code, with the exception or one- and two-family dwellings and Utility and Miscellaneous Group U occupancies, which require a certificate of occupancy, constructed after the effective date of this chapter, shall be required to have an automatic sprinkler system installed and operational prior to occupancy.
B. 
Any alteration, addition, or repair of a structure, with the exception of a one- or two-family dwelling, existing on the effective date of this chapter, when the cost of the alteration, addition or repair made within any six-month period exceeds 50% of the value of replacement of the existing structure, excluding the alteration, addition or repair, or, a change of use or occupancy as defined in the Uniform Code shall be considered a "structure constructed after the effective date of this chapter" within the meaning of this section.
C. 
Replacement value of the existing structure shall be determined by equalizing the assessed value of the existing structure based on the most current tax assessment roll in the Town of Gates.
No building permit shall be issued for the construction of any structure required to have an automatic sprinkler system under § 97-4 of this chapter unless plans incorporating such automatic sprinkler systems are filed with the Town of Gates Building Department
No certificate of occupancy shall be issued for any structure required to have an automatic sprinkler system under § 97-4 of this chapter unless the system is installed, operational, inspected and tested-
Installed automatic sprinkler systems shall be maintained by the properly owner as prescribed in the Uniform Code.
The requirements set forth in this chapter shall be in addition to and shall supplement the requirements set forth in Local Law No. 2-1984. The plans, specifications, rating body approvals and materials required by the Town of Gates Building Inspector and/or Fire Marshal relating to the automatic sprinkler system shall be submitted to the Building Inspector and/or Fire Marshal in conjunction with an application for a building permit pursuant to Chapter 70, Building Construction and Fire Prevention.
This chapter shall not be construed to hold any Code Enforcement Official of the Town of Gates responsible for any damages to persons or property by reason of inspection or reinspection authorized herein or failure to inspect or reinspect, as required by any permits under this chapter, nor shall it be liable for any damage to persons or property by reason of the Building Inspector and/or Fire Marshal exercising their discretion as provided in this chapter.
A. 
Generally. An applicant may appeal a decision of the Building Inspector and/or Fire Marshal regarding issues related to automatic sprinkler systems pursuant to this chapter. Such appeals shall be heard by the Gates Zoning Board of Appeals.
B. 
Grounds for appeal. The grounds for such appeal shall include one or more of the following:
(1) 
Undue economic hardship or burden.
(2) 
Requirements restrict the achievement of a valid state or federal policy.
(3) 
Physical or legal impossibility of performance.
(4) 
Requirements are unnecessary, in light of viable alternatives, which meet the intended objective of this chapter.
C. 
Appeal procedure. All appeals shall be conducted at the regularly scheduled meetings of the Gates Zoning Board of Appeals and shall be conducted in the same manner as other appeals. The Town Building Inspector and/or Fire Marshal shall present a position paper for the Board's review, said paper shall become part of the review process and may appear at the hearing on said appeal. The applicant may also present a position paper in addition to the applicant appearing at the hearing. The Board may affirm, modify or reverse the determination of the Building Inspector and/or Fire Marshal after its deliberations.
D. 
Time for appeal. The time for filing of an appeal regarding fire sprinkler systems shall be 90 days from the date of the Town's action involving the applicant.
E. 
Decisions. The hearing on the appeal will be recorded in the formal minutes of the Zoning Board and. determination on the appeal shall be made by a majority vote of the Board, The decision of the Board will be delivered in writing to the petitioner and the involved Town officials. The petitioner may institute an Article 78 proceeding within 30 days after the filing of the minutes of the meeting in the Town Clerk's office.
F. 
Jurisdiction. In no event shall the Town of Gates Zoning Board of Appeals assume jurisdiction over nor interpret or modify any provision of the New York State Uniform Fire Prevention and Building Code (Uniform Code) nor shall it in any manner substitute for the New York State Regional Board of Review with respect to Uniform Code provisions.
A. 
Any person who violates or knowingly permits the violation of this chapter shall be deemed to have committed an offense against this chapter and shall be subject to a fine of not more than $1,000 or imprisonment for not more than one year. or both such fine and imprisonment. Each separate violation shall constitute a separate additional offense. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person violating any provision of this chapter or any article, section or subdivision thereof shall be subject to a civil penalty in the sum of $200 for the first such violation and $300 for any subsequent violation, said penalties to be recoverable in a civil action in the name of the Town of Gates.
B. 
Any action or proceeding in the name of the Town of Gates may be commenced in any court of competent jurisdiction to compel compliance with, or restrain by injunction the violation of the provisions of this chapter or to vacate the occupancy or structure in the case of imminent danger to life and property. Such remedy shall be in addition to penalties otherwise prescribed by law.