[Added 5-2-1989 by L.L. No. 3-1989; amended 6-27-1990 by L.L. No. 5-1990; 8-6-1991 by L.L. No. 8-1991]
A. 
All classifications of buildings below, which buildings are constructed pursuant to a building permit issued after the effective date of this section shall be required to have approved sprinkler systems as hereinafter defined. Such systems shall comply with the current edition of the National Fire Protection Association Standards for the Installation of Sprinkler Systems, NFPA 13, in effect at the time of the issuance of the building permit for such construction. Residential structures shall comply with National Fire Protection Association Standards 13D or 13R where applicable. Sprinkler systems designed to comply with NFPA 13 shall be approved by the Insurance Service Office of New York or Factory Mutual Insurance Company prior to installation. Sprinkler systems designed for residential structures pursuant to NFPA 13D or 13R shall be signed by a registered professional engineer, a member grade of the Society of Fire Protection Engineers, or by a Nicet Level III sprinkler designer.
(1) 
Multiple dwellings. (Except enclosed closets 50 square feet or less in area and bathrooms.)
(2) 
Office buildings.
(3) 
Administrative buildings.
(4) 
Bank buildings.
(5) 
Professional buildings.
(6) 
Retail and personal service buildings (mercantile).
(7) 
Industrial buildings.
(8) 
Storage buildings.
(9) 
Amusement park buildings.
(10) 
Armories.
(11) 
Art galleries.
(12) 
Assembly halls.
(13) 
Auditoriums.
(14) 
Bathhouses.
(15) 
Bowling alleys.
(16) 
Clubrooms.
(17) 
Coliseums and stadiums.
(18) 
Courtrooms and buildings.
(19) 
Dance halls.
(20) 
Exhibition halls or buildings.
(21) 
Gymnasiums.
(22) 
Indoor tennis courts or other sport courts.
(23) 
Lecture halls.
(24) 
Libraries.
(25) 
Lodge halls or rooms.
(26) 
Hotels.
(27) 
Motels.
(28) 
Lodging houses and boardinghouses.
(29) 
Motion-picture theaters.
(30) 
Museums.
(31) 
Nightclubs.
(32) 
Recreation centers.
(33) 
Restaurants.
(34) 
Skating rinks.
(35) 
Theaters.
(36) 
Churches, synagogues and similar places of worship.
(37) 
Schools, colleges and similar places of education.
(38) 
Outpatient clinics.
(39) 
Day-care centers.
(40) 
Child-care institutions.
(41) 
Clinics.
(42) 
Hospitals.
(43) 
Infirmaries.
(44) 
Sanitariums.
(45) 
Boathouses.
(46) 
Nursing homes.
(47) 
Nightclubs (as defined in the Chapter 100, Cabarets).
(48) 
Group homes.
(49) 
Halfway houses.[1]
[1]
Editor's Note: Former Subsection (50), dealing with systems for one- and two-family dwellings, was repealed 12-17-1991 by L.L. No. 12-1991.
B. 
No building permit shall be issued for the construction of any building or structure or alteration or restoration of any portion thereof or addition thereto, unless the plans and specifications therefor comply with this section. For the purposes of this section, any alteration or restoration of any existing building or structure or addition thereto which:
(1) 
Increases the habitable or occupiable square footage of such building structure more than 30% shall require sprinkler system in the permit area only;
(2) 
Increases the habitable or occupiable square footage of such building or structure more than 50% shall require sprinkler system for the entire structure;
(3) 
Repairs damage caused by fire, storm or other act of God or natural deterioration to more than 30% of the habitable or occupiable square footage of such building or structure shall require a sprinkler system in the permit area only; or
(4) 
Repairs damage caused by fire, storm or other act of God or natural deterioration to more than 50% of the habitable or occupiable square footage of such building or structure shall require a sprinkler system for the entire building or structure.
C. 
No certificate of occupancy shall be issued for the occupancy use of any building or structure or portion thereof required to have a sprinkler system in accordance with this section, unless such sprinkler system shall have been approved, installed, inspected and tested.
D. 
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, as approved by the Building Department, shall be provided.
E. 
All sprinkler systems operated from a dedicated fire line tap, shall be inspected at least once annually, and a certificate of proper operation thereof shall be filed with the Building Department on or before October 31 in each year.
F. 
Penalties for offenses. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $1,000, or to imprisonment for not more than 1 year, or to both such fine and imprisonment.
[Amended 8-3-1999 by L.L. No. 2-1999]
G. 
In the event that any subsection, provision or requirement of this section is declared invalid or unenforceable for any reason, all other subsections, provisions and requirements shall continue to be enforceable.
[Added 12-17-1991 by L.L. No. 12-1991]
A. 
Appeals Board established.
(1) 
There is hereby established a Sprinkler System Appeals Board to hear all appeals from strict the application of the provisions of this article requiring the installation of sprinkler systems in various classifications of buildings situate in the Village of Ossining.
(2) 
The Board shall consist of five members, one of whom shall be appointed Chairman. The Fire Inspector and First Assistant Chief of the Fire Department shall be permanent members. There shall be three public members of the Board. The three public members and the Chairman shall be appointed by the Board of Trustees. The terms of each of the public members shall be for three years, except that the first appointments shall be so fixed that the term of one member shall expire December 31, 1992, the term of one member shall expire December 31, 1993 and the term of one member shall expire December 31, 1994.
(3) 
The Board of Trustees shall have the power to remove any member of the Board for cause, after a public hearing. Vacancies shall be filled for the unexpired term of the member whose place becomes vacant.
(4) 
All meetings of the Board shall be held at the call of the Chairman. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings and a record of showing the vote of each member on every question.
B. 
Grounds for appeal. Any applicant aggrieved by the strict application of the provisions of this article may petition the Board of Appeals for a full or partial waiver or modification of the requirements for the installations of sprinklers imposed by this article, upon the following grounds: that the strict application of this article to the building or buildings of the petitioner, which are constructed or to be constructed, will result in:
(1) 
An undue economic hardship or burden;
(2) 
A restriction from the achievement of a valid state or federal policy;
(3) 
A physical or legal impossibility;
(4) 
An impediment to the indented objective of the section; or
(5) 
Is unnecessary, in light of viable alternatives which meet the intended objectives of this article.
C. 
Time to appeal.
(1) 
An appeal shall be commenced within 30 days after the determination by the Building Department that the provisions of this article are applicable to the applicant's building or buildings, whether constructed or to be constructed. Such appeal shall be commenced by the service of a seven copies of a petition setting forth the specific circumstances of the applicant and specifying the grounds for appeal upon the Village Clerk. The Village Clerk shall immediately deliver a copy of the petition to the Building Inspector and each of the members of the Board and the Corporation Counsel.
(2) 
The Board shall hold a public hearing on the appeal within 30 days after filing, at which time testimony shall be taken under oath. The Board shall render its decision within 30 days after the date of the completion of the hearing. A majority vote of the Board shall constitute its decision. All decisions of the Board shall be made in writing, signed by the Chairman and be filed in the office of the Village Clerk within five days thereafter. Any petitioner who is aggrieved by the decision of the Board may apply to the Supreme Court for relief pursuant to the provisions of Article 78 of the Civil Practice Law and Rules, provided that such application is made within 30 days after the decision of the Board is filed in the office of the Village Clerk; and further provided that no costs shall be allowed to against the Board unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
D. 
Limited jurisdiction. The Board shall have jurisdiction to hear appeals involving the application of sprinkler systems pursuant to the provisions of this article, only. In no event shall the Board assume jurisdiction over or interpret or modify any provision of the New York State Uniform Fire Prevention and Building Code nor shall it in any manner substitute for the Regional Boards of Review with respect to Uniform Code provisions.