[Adopted 6-12-1991 by L.L. No. 2-1991]
As used in this Article, the following terms shall have the meanings indicated:
- APPROVED SPRINKLER SYSTEM
- A sprinkler system approved by the National Fire Protection Association, or other nationally recognized approval organization as determined by the Town Building Inspector, 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 such approval bodies and the manufacturer of the system. Any such installation and the operation thereof shall be also subject to the approval of the Town of Tuxedo Building Inspector.
All commercial, industrial, business, mercantile, storage, recreational, institutional or educational establishments, multiple or other dwellings or places of public assembly constructed after the effective date of this Article shall be required to have approved sprinkler systems installed and operational.
No building permit shall be issued for the construction of any new building, structure or portion required to have an approved sprinkler system pursuant to this Article unless an approved sprinkler system is included in the plans for such construction submitted for the building permit.
No building permit shall be issued for the alteration, enlargement or modification of any building existing on the effective date of this Article that would change its occupancy classification to any of those listed in § 51-14 unless an approved sprinkler system is included in the plans for such alteration; enlargement or modification.
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 Town of Tuxedo Building Inspector.
Sprinklers shall not be required to be installed in spaces where the discharge of water would be hazardous. In such places, other fire-extinguishing equipment approved by the National Fire Protection Association or other nationally recognized approval organization and by the Town of Tuxedo Building Inspector.
Where practical difficulties or unnecessary hardship may result due to the enforcement of the strict letter of any provision of this Article, applications for variances consistent with the spirit of this Article may be made and acted upon by the Zoning Board of Appeals of the Town of Tuxedo. The Board is empowered to grant a variance when the Board has found:
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 requirement of additional alarms or other devices to ameliorate the effects of having no sprinkler system.
Failure to comply with any provision of this Article shall be deemed a violation punishable by a minimum fine of $100 and a maximum fine of $500 or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation.
An action or proceeding in the name of the Town of Tuxedo may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Article or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to any other penalties prescribed by law.