[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:
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 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]
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.
No building permit shall be issued for the construction of any structure required to have a fire suppression system under § 62-3 of this chapter law unless plans incorporating such fire suppression systems are filed with the Town of Rush Building Department.
No certificate of occupancy shall be issued for any structure required to have a fire suppression system under § 62-3 of this chapter unless the system is installed, operational, inspected and tested.
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:
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.
