[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 3-25-1997 by L.L. No. 3-1997; amended in its entirety 6-14-2005 by L.L. No. 9-2005. Subsequent amendments noted where applicable.]
Code enforcement — See Ch. 16.
Building construction and fire prevention — See Ch. 91.
Certificates of occupancy — See Ch. 100.
Electrical installations — See Ch. 113.
Oil- and gas-burning equipment — See Ch. 162.
Plumbing — See Ch. 180.
Site plan review — See Ch. 209.
Subdivision of land — See Ch. 219.
Unsafe buildings — See Ch. 237.
Zoning — See Ch. 250.
[Amended 5-11-2010 by L.L. No. 5-2010]
The purpose of this chapter is to provide a regulatory framework for the installation of approved fire-suppression sprinkler systems in residential and commercial buildings which balances the public interest in promoting fire safety and prevention with the rights of Village residents to make individual determinations with respect to personal fire safety. While the Village seeks to promote fire safety in the interest of the community at large, the Village also recognizes that the installation costs associated with fire sprinklers can be prohibitive. Therefore, the Village finds the following:
For commercial buildings, specially permitted uses, and home occupations, the benefit to the public of imposing fire sprinkler requirements, for purposes of fire safety and prevention, outweighs the burden placed upon individuals and/or commercial entities to comply with fire sprinkler requirements since members of the public above and apart from the landowners are impacted by fire safety considerations at the subject property.
For detached one- and two-family residential dwellings, the benefit to the public of imposing fire sprinkler requirements outweighs the burden placed upon individuals when new construction is taking place since the economic cost borne by the landowner can be calculated into the cost of development but in all other instances, residents of the Village are permitted to make their own determinations with respect to personal fire safety.
[Amended 5-11-2010 by L.L. No. 5-2010; 10-28-2014 by L.L. No. 9-2014]
This chapter shall apply in all parts of the Village of Rye Brook.
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) and any amendments or supplements thereto, and other provisions of the Code of the Village of Rye Brook, including but not limited to Chapter 91, Building Construction and Fire Prevention; Chapter 100, Certificates of Occupancy; Chapter 113, Electrical Installations; Chapter 162, Oil- and Gas-Burning Equipment; Chapter 180, Plumbing; Chapter 209, Site Plan Review; Chapter 219, Subdivision of Land; Chapter 237, Unsafe Buildings; and Chapter 250, Zoning.
A permit shall be required for the installation of a fire suppression sprinkler system. Application for the permit shall be made to the Village Building Inspector or his or her designee, on a form provided by the Village, and subject to applicable fees which can be found in the Schedule of Fees on file in the Village Clerk's office. All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least one original signed application form and three paper copies of all plans and surveys, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility. The plans, specifications and other materials required by the Building Inspector relating to the sprinkler systems shall be submitted in conjunction with an application for a building permit pursuant to said laws and pursuant to the Zoning Law.
[Amended 10-13-2009 by L.L. No. 10-2009; 5-11-2010 by L.L. No. 5-2010]
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
- Any extension or increase in floor area or height of a building or structure or a portion thereof that increases its exterior dimensions.
- The reconfiguration, reconstruction, legalization or finishing of any space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment.
- APPROVED FIRE-SUPPRESSION SPRINKLER SYSTEM
- A sprinkler system designed to the specifications of the National Fire Protection Association and reviewed by the Building Inspector of the Village of Rye Brook, 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 and shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code. Any such installation and the operation thereof shall also be subject to the approval of the Building Inspector of the Village of Rye Brook.
- The unfinished space between the ceiling joists of the top story and the roof rafters.
- BUILDING INSPECTOR
- The Building Inspector of the Village of Rye Brook and/or any other representative duly authorized and designated by resolution of the Board of Trustees to have powers and duties under this chapter.
- DESIGNATED WORK AREA
- That portion of a building or structure affected by any addition or major expansion, defined by the combined square footage of the room(s) affected by such work, as initially intended by the owner and indicated as such in the permit or on the approved plans.
- FLOOR AREA
- Those areas meeting the minimum standards for habitable space as set forth in the Residential Code of New York State and any amendments or supplements thereto.
- MAJOR EXPANSION
- Any renovation, expansion, addition or alteration of an existing building which results in an increase of more than 50% of the floor area of the existing structure, within any five-year period.
- MEANS OF EGRESS
- A continuous and unobstructed path of vertical and horizontal egress travel from any point in a building or structure to the exit discharge. A means of egress consists of three separate and distinct parts: the exit access, the exit and the exit discharge.
- NEW CONSTRUCTION
- Any construction on a lot not previously developed. For purposes of this chapter, teardowns shall constitute new construction.
- The alteration of a dwelling either in its entirety or substantially down to the first-floor joists, as determined by the Building Inspector.
Except as otherwise defined herein, all definitions shall have the meanings ascribed to such terms under the New York State Uniform Fire Prevention and Building Code.
[Amended 5-11-2010 by L.L. No. 5-2010]
All classifications of buildings listed below for which a building permit has been issued which are constructed on or after the effective date of this chapter or deemed by the Building Inspector to constitute "new construction," as such term is defined herein, shall be required to have an approved fire-suppression sprinkler system installed and operational.
Residential dwellings. This section shall include:
Detached one- and two-family dwellings; and
Attached one-family dwellings (townhouses) not more than two stories in height with a separate means of egress and their accessory structures; and
One-family dwellings converted to a bed-and-breakfast, as classified in the Residential Code of New York State and any amendments or supplements thereto.
General buildings. Occupancies or uses shall be classified in groups in accordance with the assembly, business, educational, high-hazard, industrial, institutional, mercantile, storage, utility and miscellaneous groups classified in the Building Code of New York State and any amendments or supplements thereto. This section shall include the following occupancy groups: A1, A2, A3, A4, A5, B, E, F1, F2, H1, H2, H3, H4, H5, I1, I2, I3, I4, M, S1, S2, and U.
[Amended 10-13-2009 by L.L. No. 10-2009; 5-11-2010 by L.L. No. 5-2010]
Detached one- and two-family residential. Detached one- and two-family dwellings, as classified in the Residential Code of New York State and any amendments or supplements thereto, existing on the effective date of this chapter, shall not be required to be sprinklered, except when a detached one- or two-family dwelling is converted to a bed-and-breakfast on or after January 1, 1984, the entire dwelling shall be equipped with an approved fire-suppression sprinkler system installed in accordance with this chapter.
Attached one-family dwellings (townhouses) not more than two stories in height with a separate means of egress and their accessory structures as classified in the Residential Code of New York State and any amendments or supplements thereto, existing on the effective date of this chapter, shall not be required to be sprinklered, except as follows:
When an attached one-family dwelling is converted to a bed-and-breakfast, on or after January 1, 1984, the entire dwelling shall be equipped with an approved fire-suppression sprinkler system installed in accordance with this chapter; or
When major expansions are performed in designated work areas of an existing attached one-family dwelling, an approved fire-suppression sprinkler system shall be installed, in accordance with this chapter, in all areas in the major expansion as well as in all spaces serving as the means of egress from the major expansion.
General commercial building. A commercial building, as defined under the Building Code of New York State and any amendments or supplements thereto, as Groups A1, A2, A3, A4, A5, B, E, F1, F2, H1, H2, H3, H4, H5, I1, I2, I3, I4, M, S1, S2, and U, and any mixed-use building, existing on the effective date of this chapter, shall be fully sprinklered, except that such requirement shall not apply to any commercial or mixed-use building existing prior to January 1, 1984, unless at any time after January 1, 1984, the entire building, leased premises or individual use, whichever shall be smaller, undergoes major expansion, at which time the entire building shall be sprinklered.
For purposes of this section, a residential dwelling or commercial building existing on the effective date of this chapter shall include a dwelling or building constructed, under construction or authorized to be constructed by a building permit which was issued and is in effect at the time of this chapter shall become effective.
For purposes of this chapter, all activities conducted pursuant to a special use permit shall be considered commercial and shall be subject to the fire sprinkler requirements for commercial buildings as set forth in this chapter.
For purposes of this chapter, all Tier III home occupations, as defined in Chapter 250, shall be subject to either the commercial sprinklering requirements or the residential sprinklering requirements set forth herein based upon the extent of their use as determined by the Building Inspector. Therefore, if the residential use of the property becomes incidental to the commercial use, the dwelling shall be subject to the sprinklering requirements for commercial buildings as set forth in this chapter.
The installation, components, sizing, spacing, location, clearances, position and type of sprinkler systems shall be in accordance with the approved plans. All changes shall be submitted on shop drawings for approval before installation.
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.
Every new sprinkler system and every part of an existing sprinkler system that is altered, extended, renovated or repaired, except for ordinary repairs, shall comply with applicable provisions of this section.
Notification. Advance notification of tests and inspections required by this section shall be given to the Building Inspector 24 hours beforehand.
Representation at test. Tests required by this section shall be conducted in the presence of the Building Inspector or his or her representative.
Testing equipment required. All equipment, material and labor required for testing a sprinkler system or any part thereof shall be furnished by and at the expense of the person responsible for installing the work.
Testing of system. Sprinkler systems may be tested in sections or parts with permission of the Building Inspector.
Acceptance. Before the acceptance of such sprinkler system, each sprinkler system shall be subjected to any tests required by the Building Inspector which are in accordance with the standards of the National Fire Protection Association.
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 § 212-4 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.
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 Inspector.
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.
At the direction of the Mayor an action or proceeding in the name of the Village of Rye Brook 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.
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 Zoning Board of Appeals of the Village of Rye Brook. The Board is empowered to grant a variance when the Board has found that:
In granting any variances the Zoning Board of 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.
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.