City of New Rochelle, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 1-17-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 111.
Fire prevention — See Ch. 147.
Housing standards — See Ch. 174.

§ 279-1 Applicability.

This chapter shall apply to all parts of the City of New Rochelle.

§ 279-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPROVED SPRINKLER SYSTEM
A sprinkler system designed to the specifications of the National Fire Protection Association and reviewed by the Building Official of the City of New Rochelle and/or the Fire Commissioner of the City of New Rochelle, which approval shall have been obtained prior to installation of this system. Such system, to be approved, shall meet all standards of installation and operation as prescribed by the National Fire Protection Association and the manufacturer of the system. Any such installation and the operation thereof shall also be subject to the approval of the Building Official of the City of New Rochelle and the Fire Commissioner of the City of New Rochelle.
BUILDING OFFICIAL
The Building Official of the City of New Rochelle or any other representative duly authorized and designated to perform his or her duties.
FIRE COMMISSIONER
The Fire Commissioner of the City of New Rochelle or any other representative duly authorized and designated to perform his or her duties.

§ 279-3 New buildings required to have sprinkler system.

All classifications of buildings listed below which are constructed after the effective date of this chapter shall be required to have approved sprinkler systems installed and operational.
A. 
Multiple dwellings, for the purpose of this code, shall be classified in respect to the permanent or transient character of their occupancy groups and to the number and physical condition of the occupants. The classification shall be in accordance with the following groups:
(1) 
Group B1, permanent occupancy:
(a) 
Buildings containing one or two dwelling units, with more than four occupants residing with a family in either one of such dwelling units.
(b) 
Buildings containing three or more dwelling units.
(c) 
Apartment houses and apartment hotels.
(d) 
Garden apartments.
(e) 
Community residences.
(2) 
Group B2, transient occupancy:
(a) 
Hotels.
(b) 
Lodging houses.
(c) 
Buildings with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or similar use.
(d) 
Motels.
(3) 
Group B3, senior citizens: persons primarily 62 years or more who are in good physical condition and do not require physical assistance.
(4) 
Group B4, adult residential care facility: buildings for infirm adults who require personal care, supervision and services.
(5) 
A building containing not more than two dwelling units within walls conforming to the requirements of Section 738.8(b) and (c) of this code[1] shall be regulated as a one- or two-family dwelling.
[1]
Editor's Note: "This code" refers to the New York State Uniform Fire Prevention and Building Code. See § 279-14, Administration.
B. 
General building construction. General building construction, for the purpose of this code, shall be classified in groups in respect to the occupancy or use. The classification shall be in accordance with the following groups:
(1) 
Group C1, business: buildings in which the primary or intended occupancy or use is the transaction of administrative, business, civic or professional service and where the handling of goods, wares or merchandise, in limited quantities, is incidental to the primary occupancy or use. Newsstands, lunch counters, barbershops, beauty parlors and similar service facilities are considered as incidental occupancies or uses.
(2) 
Group C2, mercantile: buildings in which the primary or intended occupancy or use is the display and sale to the public of goods, wares or merchandise.
(3) 
Group C3, industrial: buildings in which the primary or intended occupancy or use is the manufacture or processing of products of all kinds, including operations such as making, altering, assembling, bottling, canning, finishing, handling, mixing, packaging, repairing, cleaning, laundering and similar operations.
(4) 
Group C4, storage: buildings in which the primary or intended occupancy or use is the storage of, or shelter for, goods, merchandise, products, vehicles or animals.
(5) 
Group C5, assembly: buildings in which the primary or intended occupancy or use is the assembly for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, sports or similar purposes, subclassified as follows:
(a) 
Group C5.1: for not more than 300 persons.
(b) 
Group C5.2: for more than 300 but not more than 1,000 persons.
(c) 
Group C5.3: for more than 1,000 persons.
(d) 
Group C5.4: churches, synagogues, mosques and similar places of worship.
(e) 
Group C5.5: schools, colleges and similar places of education.
(6) 
Group C6, institutional: buildings in which the primary or intended occupancy or use is for persons domiciled or detained under supervision, subclassified as follows:
(a) 
Group C6.1: for persons whose movements are not limited and who have a normal sense of perception.
(b) 
Group C6.2: for persons whose movements are limited because of illness or physical or mental handicap, including community residences as defined in Section 606.3 of this code.[2]
[2]
Editor's Note: "This code" refers to the New York State Uniform Fire Prevention and Building Code. See § 279-14, Administration.
(c) 
Group C6.3: for persons detained or confined in a mental hospital or for correctional or penal purposes.
(7) 
Group C7, miscellaneous: nonresidential buildings or structures in which the primary or intended occupancy or use is not included in Groups C1 to C6, inclusive.

§ 279-4 Existing buildings and occupancies.

A building listed in § 279-3 hereinabove which is existing on the effective date of this chapter shall comply with this chapter when said building is reconstructed, remodeled or enlarged to the extent that the floor area is increased by 30%. A change of occupancy to a greater hazard shall require the fire area to be sprinklered.

§ 279-5 Standards for installation.

The installation, components, sizing, spacing, location, clearances, position and type of systems shall be in accordance with the approved plans. All changes shall be submitted on shop drawings for approval before installation.

§ 279-6 Approved devices.

No device, valve, pipe or fitting may be used in a sprinkler system unless such device, valve, pipe or fitting is of a type approved for such use.

§ 279-7 Inspection and tests.

Every new system and every part of an existing system that is altered, extended, renovated or repaired, except for ordinary repairs, shall comply with applicable provisions of this section.
A. 
Notification. Advance notification of tests and inspections required by this section shall be given to the Fire Commissioner of the City of New Rochelle 24 hours beforehand.
B. 
Representation at test. Tests required by this section shall be conducted in the presence of the Fire Commissioner or his or her representative.
C. 
Testing equipment required. All equipment, material and labor required for testing a system or any part thereof shall be furnished by and at the expense of the person responsible for installing the work.
D. 
Testing of system. Systems may be tested in sections or parts with permission of the Fire Commissioner.
E. 
Acceptance. Before the acceptance of such system, each system shall be subjected to any tests required by the Fire Commissioner of the City of New Rochelle which are in accordance with the standards of the National Fire Protection Association.

§ 279-8 Building permit.

No building permit shall be issued for the construction of any new building, structure or portion thereof, nor for the reconstruction, remodeling or enlargement of any existing building described in § 279-4 hereof, required to have an approved sprinkler system pursuant to this chapter unless an approved sprinkler system is included in the plans for such construction submitted for the building permit.

§ 279-9 Certificate of occupancy.

No certificate of occupancy shall be issued for occupancy or use of any building, structure or portion thereof required to have an approved sprinkler system unless such system is installed, inspected, tested and approved to the satisfaction of the Building Official of the City of New Rochelle and Fire Commissioner of the City of New Rochelle.

§ 279-10 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 New York Board of Fire Underwriters, National Fire Protection Association or other nationally recognized approval organization and by the Fire Commissioner of the City of New Rochelle and the Building Official of the City of New Rochelle.

§ 279-11 Penalties for offenses.

A. 
Failure to comply with any provision of this chapter shall be deemed a violation, and the violator shall be liable for a fine up to $1,000 or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the City of New Rochelle may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to the penalties otherwise prescribed by law.

§ 279-12 Variances; conditions.

A. 
Where unnecessary hardship may result from enforcement of the strict letter of any provision of this chapter, application for variances consistent with the spirit of this chapter may be made to and acted upon by the Board of Standards and Appeals of the City of New Rochelle. The Board is empowered to grant a variance when the Board has found that:
(1) 
The application of the strict letter of this chapter would create an unnecessary hardship for the applicant.
(2) 
The omission of an approved sprinkler system from all or part of a building will not significantly jeopardize human life.
B. 
In granting any variances the Board of Standards and Appeals may impose such conditions as such Board may reasonably determine necessary to mitigate the consequences of the omission of an approved sprinkler system from all or any part of a building, including the requirement that alternative forms of fire-extinguishing equipment be provided or a requirement of additional alarms or other devices to ameliorate the effects of having no sprinkler systems.

§ 279-13 Severability.

If any section of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder thereof.

§ 279-14 Administration. [1]

The requirements set forth in this chapter shall supplement the requirements set forth in the New York State Uniform Fire Prevention and Building Code (NYSUFPBC), 9 NYCRR, Subchapter B, Section 742 and Section 774, and Chapter 111 (Building Construction), Chapter 147 (Fire Prevention), Chapter 174 (Housing Standards) and Chapter 331 (Zoning Regulations) of the Code of the City of New Rochelle. The plans, specifications, rating body approvals and other materials required by the Building Official and the Fire Commissioner of the City of New Rochelle relating to the sprinkler systems shall be submitted to the Building Official in conjunction with an application for a building permit pursuant to said laws and pursuant to the City of New Rochelle Zoning Law.
[1]
Editor's Note: See Ch. 331, Zoning.