[Adopted 6-12-1991 by L.L. No. 2-1991]
As used in this article, the following terms
shall have the meanings indicated:
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.
A.
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.
B.
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.
A.
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:
B.
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.
A.
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.
B.
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.
