[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.)
(3) Administrative buildings.
(6) Retail and personal service buildings (mercantile).
(9) Amusement park buildings.
(18) Courtrooms and buildings.
(20) Exhibition halls or buildings.
(22) Indoor tennis courts or other sport courts.
(28) Lodging houses and boardinghouses.
(36) Churches, synagogues and similar places of worship.
(37) Schools, colleges and similar places of education.
(47) Nightclubs (as defined in the Chapter
100, Cabarets).
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.