[HISTORY: Adopted by the Town Board of the Town of Rush 10-25-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 36.
It is the intention of this chapter to provide for the installation, maintenance, approval and compliance of fire suppression systems within the Town of Rush. This proposal shall be in addition to the generally accepted standards as set forth in Titles 9B and 9C of the New York State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: References are to the Uniform Code in effect prior to 2003.
As used in this chapter, the following terms shall have the meanings indicated:
ADDITION
The extension or increase in area, height or equipment of a structure.
ALTERATION
Any change, rearrangement or addition to a structure, other than repairs; any modification in construction or in equipment.
APPROVED FIRE SUPPRESSION SYSTEM
A fire suppression system approved by Factory Mutual, the National Fire Protection Association, or other nationally recognized approval organization as determined by the Town of Rush Fire Marshal and/or Building Inspector, from whom said approval shall have been obtained prior to the installation. Such systems, to be approved, shall meet all standards of installation and operation as prescribed by such approval bodies and the manufacturers of the system. Any such installation and operation thereof shall be subject to the approval of the Town of Rush Fire Marshal and/or Building Inspector. This proposal shall be in addition to the generally accepted standards as set forth in Titles 9B and 9C of the New York State Uniform Fire Prevention and Building Code.[1]
REPAIRS
Replacement or renewal, excluding additions, of any part of a structure, with like or similar materials or parts, for the purpose of maintenance, preservation or restoration of such materials.
[1]
Editor's Note: References are to the Uniform Code in effect prior to 2003.
A. 
Any structure, with the exception of one- and two-family dwellings, which require a certificate of occupancy, constructed after the effective date of this chapter, shall be required to have an approved fire suppression system installed and operational.
B. 
Any alteration, addition or repair of a structure, with the exception of a one- and two-family dwelling, existing on the effective date of this chapter, when the cost of the alteration, addition or repair made within any six-month period exceeds 50% of the value of replacement of the existing structure, excluding the alteration or repair, shall be considered a "structure constructed after the effective date of this chapter," within the meaning of Subsection A.
C. 
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 Rush.
D. 
Fire suppression systems shall not be required in any building site plan or subdivision site plan for which site approval was granted and construction was commenced prior to October 25, 2000, even if no certificate of occupancy had been granted as of that date.
Fire suppression systems shall not be required to be installed in spaces where the discharge of water would be hazardous or damaging to equipment. In such places, other approved fire suppression systems shall be provided as prescribed and approved by the Town of Rush Fire Marshal and/or Building Inspector.
Installed fire suppression systems 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.[1]
[1]
Editor's Note: Reference is to the Uniform Code in effect prior to 2003.
The requirements set forth in this chapter shall be in addition to and shall supplement the requirements set forth by current local laws and the New York State Uniform Code. The plans, specifications, rating body approvals and materials required by the Town of Rush Fire Marshal and/or Building Inspector relating to the fire suppression system shall be submitted to the Fire Marshal and/or Building Inspector in conjunction with an application for a building permit pursuant to Chapter 36, Building Construction and Uniform Fire Prevention, regarding administration and enforcement, of the Code of the Town of Rush.
This chapter shall not be construed to hold any code enforcement official of the Town of Rush responsible for the damages to persons or property by reason of inspection or re-inspection authorized herein or failure to inspect or reinspect as required by any permits under this chapter, nor shall it be liable for any damages to persons or property by reason of the Fire Marshal and/or Building Inspector exercising their discretion as provided in this chapter.
A. 
Generally: An applicant may appeal a decision of the Fire Marshal and/or Building Inspector regarding issues relating to fire suppression systems pursuant to this chapter. Such appeals shall be heard by the Rush Zoning Board of Appeals.
B. 
Grounds for appeal. The grounds for such appeal shall include one or more of the following:
(1) 
Undue economic hardship or burden.
(2) 
Requirements restrict the achievements of a valid state or federal policy.
(3) 
Physical or legal impossibility of performance.
(4) 
Requirement are unnecessary in light of viable alternatives which meet the intended objectives of this chapter.
C. 
Appeals procedure. All appeals shall be conducted at the regularly scheduled meetings of the Rush Zoning Board of Appeals and shall be conducted in the same manner as other appeals. The Town of Rush Fire Marshal and/or Building Inspector shall present a position paper for the Board's review and said paper shall become part of the review process and may appear at the hearing on said appeal. The applicant may also present a position paper in addition to the applicant appearing at the hearing. The Board may affirm, modify or reverse the determination of the Fire Marshal and/or Building Inspector.
D. 
Time for appeals. The time for the filing of an appeal regarding the fire suppression systems shall be 90 days from the date of the Town's action involving the applicant.
E. 
Decisions. The hearing on the appeal will be recorded in the formal minutes of the Zoning Board of Appeals and determination on 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 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.
A. 
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 not more than $100 and/or imprisonment for not more than 15 days for the first violation; not more than $200 and/or imprisonment for not more than 15 days for the second violation; and not more than $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 purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed a misdemeanor 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 civil action in the name of the Town of Rush.
B. 
Any action or proceeding in the name of the Town of Rush 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).