[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 5-15-1995 by L.L. No. 2-1995. (Note: This local law superseded former Ch. 186, Hazard Detection Devices, adopted 12-5-1994 by L.L. No. 14-1994.) Amendments noted where applicable.]
Carbon monoxide is an odorless, invisible gas that is capable of causing death in humans. Often times, death is caused due to the fact that people are unaware of the presence of carbon monoxide, especially people sleeping in a residence. The Board of Trustees believes that requiring the installation of carbon monoxide detectors in all new construction to provide a warning system in regards to the release of carbon monoxide into a building is in the best interest of residents moving into new homes and people in other newly constructed buildings.
All construction/repair/rehabilitation which requires the issuance of a certificate of occupancy by the Building Inspector and which will be used for any form of occupancy shall contain a carbon monoxide (CO) detector approved by a recognized, independent laboratory or professional organization. The CO detector shall provide, at a minimum, an audible tone warning of the presence of carbon monoxide.
A carbon monoxide detector installed pursuant to this section in a residence shall be installed in sufficient proximity to the sleeping area so that occupants of each room can hear the alarm when activated. Where sleeping areas are not in sufficient proximity to share a single CO detector, the Building Inspector may require as many CO detectors as deemed necessary to provide coverage to all sleeping areas of the residence. In making a decision whether to require additional CO detectors, the Building Inspector shall be guided by reference to the manufacturer's specifications.
A carbon monoxide detector installed pursuant to this section in any building other than a building used exclusively for residential use shall be located in proximity to each source of combustion.
Any building lacking a self-contained combustion source may apply to the Building Inspector for an exemption from these provisions.
No certificate of occupancy shall be issued unless the installation of a CO detector has been completed pursuant to the regulations included in this chapter.
[Added 9-18-1995 by L.L. No. 6-1995]
The Board of Trustees shall create a Hazard Detection Device Appeals Board which shall consist of five members, including the Fire Chief, the First Assistant Fire Chief, the Building Inspector and two members selected from the residents of the Village of Tarrytown. The Board of Trustees shall also select a Chairperson for the Board. There shall be nothing that precludes the resident members of this Board from serving as the resident members of the Sprinkler Appeals Board.
The two resident members of the Hazard Detection Device 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 which shall be incurred in the performance of duties under this chapter.
The Hazard Detection Device 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 Hazard Detection Device 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.
[Added 9-18-1995 by L.L. No. 6-1995]
Applicants may appeal the decision of the Building Inspector, in writing, to the 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 Hazard Detection Device 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 for the achievement of a valid state or federal policy.
Physical or illegal impossibility.
Impediment to the intended objective of this chapter.
Hazardous or damaging to equipment.
Unnecessary, in consideration of viable alternatives which meet the intended objectives of this chapter.
The application shall state the alternative to the installation of the carbon monoxide detector and how the alternative addresses the intent of this chapter.
All appeals shall be conducted at a public hearing pursuant to procedures established by the Hazard Detection Device 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 Hazard Detection Device 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 Hazard Detection Device Appeals Board shall deliberate if he/she is involved in a family, business or professional manner with the applicant.