[HISTORY: Adopted by the Town Board of the
Town of Greece 7-18-2000 by L.L. No. 4-2000. Amendments noted where
applicable.]
GENERAL REFERENCES
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.
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.
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[1]]
[1]
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; 9-20-2016 by L.L. No. 2-2016]
Any building or structure as classified by the New York State
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.
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.
[1]
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.
A.Â
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.
B.Â
Grounds for appeal. The grounds for such appeal shall
include one or more of the following:
(1)Â
It would create an excessive and unreasonable economic
burden.
(2)Â
It would inhibit achievement of some other important
public policy.
(3)Â
It would be physically or legally impracticable.
(4)Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
A.Â
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.
B.Â
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.
