[HISTORY: Adopted by the Town Board of the Town of New Castle 11-22-2011 by L.L. No. 15-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 46.
Building construction and fire prevention — See Ch. 48.
[Amended 4-16-2024 by L.L. No. 4-2024]
A. 
Installation of a sprinkler system is hereby required:
(1) 
In all occupied buildings, including but not limited to all residential and commercial buildings for which building permits are issued on or after the effective date of this section.
(2) 
In all existing buildings used for nonresidential purposes for which a certificate of occupancy is required at the time of a change of use, whether or not a building permit is required, if the Building Inspector determines that the change of use would result in a more intensive use or increased occupancy creating a greater potential risk of loss, injury or damage in the event of a fire.
Such systems shall be designed and installed in accordance with the standards of the National Fire Protection Association, and such systems shall be comprised of equipment listed and approved by Factory Mutual, Underwriters Laboratories, Inc., or other nationally recognized approval organization as may be approved by the Town Engineer.
(3) 
Any new home or new garage containing an electric vehicle or EV charger constructed after the effective date of this section shall require the installation of a fire sprinkler system.
(4) 
Any building constructed after the effective date of this section shall be required to have a fire sprinkler system approved by the Fire Inspector/Fire Marshal or his duly authorized representative before installation. The system shall meet the requirements of the National Fire Protection Association Standards as referenced in the New York State Uniform Code.
(5) 
For any construction or renovation to an existing structure, or extension or increase in floor area or height of a building, or reconstruction or renewal of any part of an existing building for the purpose of its maintenance, or any combination thereof within a two-year period which exceeds 50% of a building's existing gross floor area, the entire building except for crawl spaces shall be equipped with a fire sprinkler system installed in accordance with all of the provisions of this chapter. The meaning of the words used in this section shall be the same as those used in the then current version of the Building Code of New York State.
B. 
No building permit shall be issued for the construction of any occupied building or alteration or restoration of any portion thereof or addition thereto, which construction, alteration or restoration calls for an increase in the floor area of such building of more than 30%, unless the plans and specifications incorporate a sprinkler system complying with the provisions of this section and are signed and sealed with respect to such sprinkler system by a New York State registered engineer. In the event such construction, alteration or restoration increases the floor area of any building by more than 30% but less than 50%, a sprinkler system shall be required in the area of such construction, alteration or restoration only. In the case of repairs of damage from fire, storm or other act of God resulting in structural damage to any building to the extent of 50% or more or in the event any proposed construction, alteration or restoration increases the floor area of any building by 50% or more, a sprinkler system shall be required for the entire structure. No building permit shall be issued for the construction of any building required to have a fire sprinkler system under above, except upon a written acknowledgment by the applicant that such fire sprinkler system is required and shall be installed in accordance with plans filed and approved by the Building Inspector and/or Fire Marshal.
C. 
No certificate of occupancy shall be issued for occupancy or use of any building, structure or portion thereof required to have a sprinkler system pursuant to this chapter unless such system is installed, inspected, tested, approved and certified by a New York State licensed professional engineer or licensed architect that the installation complies with the plans which were submitted. No certificate of occupancy shall be issued for any building required to have a fire sprinkler system under this chapter unless each system is installed, and inspected, with tests witnessed by and/or approved by the New Castle Building Department and/or the Fire Marshal.
D. 
Exception. Fire sprinklers shall not be required to be installed in spaces where the discharge of water would be hazardous or damaging to equipment as determined by the Building Inspector. In such places other approved fire-extinguishing equipment shall be provided, as approved by the Building Inspector and/or Fire Marshal. Fire sprinklers shall not be required to be installed in residential accessory structures such as sheds, garages, and seasonal buildings less than 800 square feet in area for those stories above grade only. Applications for exception shall be made, in writing, to the Building Inspector with copies filed with the Town Board and Town Engineer. All determinations of the Building Inspector made hereunder shall be in writing and shall be mailed to the applicant and filed with the Town Board and Town Engineer. In such places, other approved fire-extinguishing equipment should be provided, as approved by the Building Inspector of the Town of New Castle. In addition, the provisions of this chapter shall not apply to the extent existing state law exempts pre-manufactured housing.
E. 
Maintenance and power.
(1) 
Fire sprinkler systems installed in residential one- and two-family homes shall be maintained in good working order by the property owner who shall supply the Town, upon request, with biennial inspection reports by a qualified inspector verifying that the fire sprinkler system is fully operational and in good working order.
(2) 
All commercial and multifamily residential buildings shall file annual inspection reports and permits verifying that the fire sprinkler system is fully operational and in good working order.
(3) 
All fire sprinklers on tank systems, whether residential or commercial, shall have battery backup or an emergency generator to power the system. This subsection shall apply only to new systems installed after the effective date of this section.
F. 
Application for variances from the strict application of this chapter shall be made to the Zoning Board of Appeals pursuant to the following procedures:
(1) 
Grounds for appeal. The grounds for such appeal shall consist of at least one of the following:
(a) 
Economic hardship.
(b) 
Inability to achieve a valid state or federal policy.
(c) 
Physical or legal impossibility.
(d) 
The intended objective of the regulation cannot be met without a variance.
(e) 
Compliance with the regulation is unnecessary as there is a more viable alternative.
(2) 
Time to file appeal. The time in which to file an appeal under this chapter shall be no more than 60 days from the date of the issuance of a building permit.
(3) 
Pursuant to Town Law § 267, Subdivision 5, the Zoning Board of Appeals shall decide such appeal within 60 days after the date of the final hearing. However, failure to render a decision within said time period shall not be deemed an approval of the application.
(4) 
Pursuant to all other procedures set forth in Town Code § 60-540E and F.
A. 
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
B. 
The imposition of the penalty herein prescribed shall not preclude the institution of an appropriate action or proceeding to prevent an unlawful act, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the occupancy of a building, structure or premises or to compel compliance with this chapter.
C. 
In case a person, after a notice or order has been duly served, shall fail, neglect or refuse to comply therewith, the Building Inspector or Assistant Building Inspector may issue an appearance ticket for the personal appearance of such person before the Town Justice Court.