[HISTORY: Adopted by the Town Board of the Town of Greece 7-18-2000 by L.L. No. 4-2000. Amendments noted where applicable.]
Fire prevention and building construction — See Ch. 114.
This chapter shall be known as the "Town of Greece Fire Sprinkler System Law."
It is the intention of this chapter to provide for the installation, maintenance, approval and compliance of fire sprinkler systems within the Town of Greece.
As used in this chapter, the following terms shall have the meanings indicated:
- The extension or increase in area, height or equipment of a structure.
- Any change, rearrangement or addition to a structure, other than repairs; any modification in construction or in equipment.
- APPROVED FIRE SPRINKLER SYSTEM
- A fire sprinkler system designed and installed in conformity with the standards established by Factory Mutual or the National Fire Protection Association and which has been approved by the Town of Greece Technical Services Director and/or Fire Marshal, which said approval shall have been obtained prior to installation.
- AUTOMATIC FIRE SPRINKLER SYSTEM
- A fire sprinkler system for fire protection purposes designed
and installed in accordance with the applicable NFPA standards as
referenced in the NYS Uniform Fire Prevention and Building Code. This
system shall be approved prior to installation by the Town of Greece
Technical Services Director and/or Fire Marshal.[Added 8-17-2004 by L.L. No. 1-2004]
Editor's Note: This local law also provided for the repeal of the definition of "repairs," which immediately followed this definition.
[Amended 8-17-2004 by L.L. No. 1-2004]
Any building or structure as classified by the NYS Uniform Fire Prevention and Building Code; with the exception of one- and two-family dwellings and their accessory structures, utility and miscellaneous Group U occupancies, which require a certificate of occupancy or certificate of compliance constructed after the effective date of this subsection, shall be required to have an automatic fire sprinkler system installed and operational prior to occupancy.
Excepting one- and two-family dwellings, a structure shall be considered to be a structure constructed after the effective date of this chapter if it undergoes alterations, additions or repairs within any six-month period which exceed 50% of the replacement cost of such structure or if a change of occupancy classification, as defined in the New York State Uniform Fire Prevention and Building Code, takes place.
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 Greece.
No building permit shall be issued for the construction of any structure required to have a fire sprinkler system under § 115-4 of this chapter unless plans incorporating such fire sprinkler systems are filed with the Town of Greece Technical Services Department and approved by the Technical Services Director and/or Fire Marshal.
No certificate of occupancy shall be issued for any structure required to have a sprinkler system under § 115-4 of this chapter unless such system is installed in conformity with the applicable provisions of the New York State Uniform Fire Prevention and Building Code and National Fire Protection Association standards dealing with sprinkler systems.
Sprinkler systems required under the provisions of this chapter shall be maintained by the property owner as prescribed in Part 1163.13(a) of the New York State Uniform Fire Prevention and Building Code and the requirements set forth in the applicable provisions of standards established by the National Fire Protection Association.
Editor's Note: Former § 115-7, Exception, was repealed 8-17-2004 by L.L. No. 1-2004.
The requirements set forth in this chapter shall be in addition to and shall supplement the requirements set forth in Chapter 114, Fire Prevention and Building Construction. The plans, specifications, rating body approvals and materials required by the Town of Greece Technical Services Director and/or Fire Marshal relating to the fire sprinkler system shall be submitted to the Technical Services Director and/or Fire Marshal for review and approval prior to installation in conjunction with any application for a building permit submitted pursuant to Chapter 114, Fire Prevention and Building Construction.
This chapter shall not be construed to hold any code enforcement official of the Town of Greece responsible for any damages to persons or property by reason of approval and issuance of permit(s), inspection or reinspection authorized herein or failure to inspect or reinspect, as required by any permits under this chapter, nor shall the Town and its employees be liable for any damage to persons or property by reason of the Technical Services Director and/or the Fire Marshal exercising their discretion as provided in this chapter.
Generally. An applicant may appeal a decision of the Technical Services Director and/or Fire Marshal regarding issues related to fire sprinkler systems pursuant to this chapter. Such appeals shall be heard by the Greece Board of Zoning Appeals.
Grounds for appeal. The grounds for such appeal shall include one or more of the following:
It would create an excessive and unreasonable economic burden.
It would inhibit achievement of some other important public policy.
It would be physically or legally impracticable.
It would be unnecessary, in light of viable alternatives, which, without loss in the level of safety, achieve the intended objective of this chapter more efficiently, effectively or economically.
Appeal procedure. All appeals shall be conducted at the regularly scheduled meetings of the Greece Board of Zoning Appeals and shall be conducted in the same manner as other appeals. The Town Director of Inspection Services and/or Fire Marshal may present a position paper for the Board's consideration and review and may appear in person to present what other information is deemed appropriate for the Board's consideration. The applicant may also present a position paper and appear in person to present what other information the applicant deems appropriate for the Board's consideration. The Board may affirm, modify or reverse the determination of the Director of Inspection Services and/or Fire Marshal after its deliberations.
Time for appeal. Appeals regarding this chapter shall be filed with the Zoning Board of Appeals within 30 days from the date of the determination of the Technical Services Director or Fire Marshal that a sprinkler system is required.
Decisions. The hearing on the appeal will be recorded in the formal minutes of the Zoning Board, and the determination of 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.
Jurisdiction. In no event shall the Town of Greece Zoning Board of Appeals assume jurisdiction over or interpret or modify any provision of the New York State Uniform Fire Prevention and Building Code, nor shall it act on those matters subject to the jurisdiction of the New York State Regional Board of Review with respect to the provisions of the New York State Uniform Fire Prevention and Building Code.
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 $100 and/or imprisonment for not more than 15 days for the first violation; $200 and/or imprisonment for not more than 15 days for the second violation; $300 and/or imprisonment for not more than 15 days for the third violation and all subsequent violations. 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 Greece.
Any action or proceeding in the name of the Town of Greece 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.