[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 5-4-1992 by L.L. No. 3-1992. Amendments noted where applicable.]
The Board of Trustees of the Village of Tarrytown hereby finds and declares that the installation of sprinkler systems in certain residential and nonresidential occupancies is a matter which the Board of Trustees should regulate for the health, safety and welfare of residents and property owners. The Board of Trustees recognizes the numerous obstacles experienced in the Village of Tarrytown by the Fire Department when addressing the fire-fighting and lifesaving responsibilities of the Fire Department.
First, the severe traffic congestion problems within the Village of Tarrytown increases the response time of the Fire Department. The traffic congestion problems are especially evident on Friday afternoons and during the change in shifts at the General Motors plant. In addition, the location of the firehouses and the ability of fire fighters to travel to the firehouse creates time delays. One firehouse located in the southern end of the Village and five firehouses located in the northern end of the Village separated by a congested state road provides concern should a major fire occur in the southern end of the Village.
Second, the adjacency of residential and nonresidential buildings throughout the Village, but especially in the older sections of the community, contributes to the difficulty in containing a fire in one building. This problem is exacerbated by the prevalence of wood-frame construction.
Third, the Fire Department is experiencing a decrease in the number of individuals volunteering their time and service. The decrease in volunteers, plus the aging of the existing volunteers in the Fire Department, creates a manpower problem, reducing the number of fire fighters available to meet the fire-fighting needs of the community. In addition, the use of volunteers who work outside of the Village of Tarrytown creates a situation of minimal staffing during the weekdays.
The installation of sprinkler systems in certain residential and nonresidential occupancies will assist the Fire Department in its fire-fighting activities. The installation of the sprinkler systems will reduce the destruction of property damage and ultimately save lives.
In view of the foregoing, it is necessary for the Board of Trustees to enact this chapter to preserve and ensure the public peace, health, safety and welfare as well as the quality of life in the Village of Tarrytown.
[Amended 8-21-2006 by L.L. No. 10-2006]
All buildings constructed after the effective date of this chapter shall be required to have approved sprinkler systems as hereinafter listed and defined. Such systems shall be approved by the National Fire Protection Association.
All buildings shall be required to have approved sprinkler systems, as hereinafter listed and defined, where an addition(s) has been constructed after the effective date of this chapter and the addition(s) exceeds 50% of the existing livable floor area (as defined in Chapter 305, Zoning) for all residential occupancies and occupied space (as defined by the New York State Uniform Fire Prevention and Building Code) for all nonresidential occupancies.
All buildings shall be required to have approved sprinkler systems, as hereinafter listed and defined, where 50% or more of the existing livable floor area (as defined in Chapter 305, Zoning) for all nonresidential occupancies has been renovated, altered, repaired or reconstructed. The 50% threshold shall be computed over a period of two years, commencing after the effective date of this chapter.
No building permit shall be issued for the construction of any building, structure or portion thereof required to have a sprinkler system under § 166-2 hereinabove unless said plans show the proposed sprinkler system and bear the seal and signature of the design engineer or architect.
No certificate of occupancy shall be issued for any building, structure or portion thereof required to have a sprinkler system under § 166-2 hereinabove unless such sprinkler system is installed as per approved plans, inspected, tested and certified by the installation as complying with generally accepted standards.
The following structures shall be exempt from the provisions of this chapter:
The Board of Trustees shall create a Sprinkler Appeals Board which shall consist of five members, including the Fire Chief, the First Assistant Fire Chief, the Second Assistant Fire Chief and two members selected from the residents of the Village of Tarrytown. The Board of Trustees shall also select a Chairperson for the Board.
[Amended 6-16-2008 by L.L. No. 10-2008]
The two resident members of the Sprinkler Appeals Board shall serve for four-year terms, such terms to be on a staggered basis. The members of the Board shall receive no compensation for their services as members but may, in the discretion of the Board of Trustees, be permitted the necessary and actual expenses that shall be incurred in the performance of duties under this chapter.
The Sprinkler Appeals Board shall serve as the appeal agency and shall assume jurisdiction for an independent review of all applications for appeal pursuant to this chapter. In no event shall the Board 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 the Uniform Code provisions.
All determinations and decisions made by the Sprinkler Appeals Board shall be by a majority vote. The Board is hereby authorized and empowered to obtain the assistance, when necessary, of persons especially qualified by reason of training or experience in fire sprinkler systems and fire prevention. Should the Board seek assistance, based upon an appeal permitted under this chapter, all costs thereof shall be borne by the party seeking said appeal. Assistance requested by the Board not related to the appeal process shall receive prior approval of the Village Administrator and shall be borne by the Village.
Applicants may appeal the decision of the Building Inspector, in writing, to the Sprinkler Appeals Board, such written appeal to be submitted to the Village Clerk within 30 days of the decision of the Building Inspector denying the application for a building permit. Said appeal shall state specifically, based upon the reasons enumerated in Subsection B below, why the building permit application should have been granted.
The Sprinkler Appeals Board may review the following information when considering an application for an appeal, and the applicant shall be responsible for providing said information to the Board:
Undue economic hardship.
Restriction from the achievement of a valid state or federal policy.
Physical or illegal impossibility.
Impediment to the intended objective of this legislation.
Hazardous or damaging to equipment.
Unnecessary, in consideration of viable alternatives which meet the intended objectives of this chapter.
The application shall state, where applicable, the alternative approved fire-extinguishing equipment to be installed in place of the sprinklers. Such system shall be approved by the National Fire Protection Association.
All appeals shall be conducted at a public hearing pursuant to procedures established by the Sprinkler Appeals Board. Notice of the public meeting shall be published 10 days prior to the hearing. Notice shall be mailed, certified mail, return receipt requested, to all abutting property owners. The applicant shall be responsible for all costs pursuant to this subsection. Upon reading of the public notice and the convening of a quorum, the Sprinkler Appeals Board may hear such evidence as it deems appropriate and adjourn the hearing from time to time as may be necessary to render a determination. In any event, a determination shall be made no later than 90 days from the date of the final hearing.
No member of the Sprinkler Appeals Board shall deliberate if he/she is involved in a family, business or professional manner with the applicant.
Any person violating any of the provisions of this chapter shall be punishable, upon conviction thereof, by a fine not less than $250 or imprisonment not exceeding 15 days, or both.