[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.]
[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.
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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.
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(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:
(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.
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.
