Village of Scarsdale, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 4-10-2001 by L.L. No. 9-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Architectural Review — See Ch. 18.
Building construction and fire prevention — See Ch. 132.
Site plan review — See Ch. 251.
Zoning — See Ch. 310.
Subdivision of Land; Planning Board Regulations — See Ch. A319.
This chapter shall apply in all parts of the Village of Scarsdale and amends Chapter B, Article 3, Part 721, Part 742 and Part 774 of the Uniform Code.
As used in this chapter, unless the text otherwise requires, the following terms shall have the meanings indicated:
ALTERATION
Any repair, reconstruction, rearrangement, rehabilitation, addition or improvement of a structure or, if the structure has been damaged and is being restored, before the damage occurred; any modification in construction or building equipment.
APPROVED SPRINKLER SYSTEM
A sprinkler system designed to the specifications of the National Fire Protection Association (NFPA) and reviewed by the Building Inspector of the Village of Scarsdale, which approval shall be obtained prior to the installation of this system. Such system, to be approved, shall meet all standards of installation and operation as prescribed by the National Fire Protection Association and the manufacturer of the system. Any such installation and the operation thereof shall also be subject to the approval of the Building Inspector of the Village of Scarsdale.
BUILDING INSPECTOR
The Building Inspector of the Village of Scarsdale and/or any other representative duly authorized and designated by resolution of the Board of Trustees to have powers and duties under this chapter.
REPAIR
Replacement or renewal, excluding additions, of any part of a building, structure, device or equipment, with like or similar materials or parts, for the purpose of maintenance, preservation or restoration of such building, structure, device or equipment.
All classifications of buildings listed below which are constructed after the effective date of this chapter shall be required to have an approved sprinkler system installed and operational.
A. 
One- and two-family dwellings, as classified in the New York State Uniform Fire Prevention and Building Code regulations under the following groups:
(1) 
Group A1: buildings containing one dwelling unit.
(2) 
Group A2: buildings containing two dwelling units.
B. 
Multiple dwellings, for the purpose of this chapter, shall be classified in respect to the permanent or transient character of their occupancy groups and to the number and physical condition of the occupants, in accordance with the following groups set forth in the New York State Uniform Fire Prevention and Building Code regulations:
(1) 
Group B1, permanent occupancy:
(a) 
Buildings containing one or two dwelling units, with more than four occupants residing with a family in either one of such dwelling units.
(b) 
Buildings containing three or more dwelling units.
(c) 
Apartment houses and apartment hotels.
(d) 
Garden apartments.
(e) 
Community residences.
(2) 
Group B2, transient occupancy:
(a) 
Hotels.
(b) 
Lodging houses.
(c) 
Buildings with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or similar use.
(d) 
Motels.
(3) 
Group B3, occupancy by senior citizens: persons primarily 62 years or more who are in good physical condition and do not require physical assistance.
(4) 
Group B4, adult residential-care facility: buildings for infirm adults who require personal care, supervision and services.
(5) 
A building containing not more than two dwelling units within walls conforming to the requirements of Section 738.8(b) and (c) of the New York State Uniform Fire Protection and Building Code shall be regulated as a one- or two-family dwelling.
C. 
General building construction. General building construction, for the purpose of this chapter, shall be classified in groups in respect to the occupancy or use, in accordance with the following groups set forth in the New York State Uniform Fire Prevention and Building Code regulations:
(1) 
Group C1, business: buildings in which the primary or intended occupancy or use is the transaction of administrative, business, civic or professional service and where the handling of goods, wares or merchandise, in limited quantities, is incidental to the primary occupancy or use. Newsstands, lunch counters, barbershops, beauty parlors and similar service facilities are considered as incidental occupancies or uses.
(2) 
Group C2, mercantile: buildings in which the primary or intended occupancy or use is the display and sale to the public of goods, wares or merchandise.
(3) 
Group C3, industrial: buildings in which the primary or intended occupancy or use is the manufacture or processing of products of all kinds, including operations such as making, altering, assembling, bottling, canning, finishing, handling, mixing, packaging, repairing, cleaning, laundering and similar operations.
(4) 
Group C4, storage: buildings in which the primary or intended occupancy or use is the storage of, or shelter for, goods, merchandise, products, vehicles or animals, but this shall not include a garage accessory to a single- or two-family residential structure.
(5) 
Group C5, assembly: buildings in which the primary or intended occupancy or use is the assembly for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, sports or similar purposes, subclassified as follows:
(a) 
Group C5.1: for not more than 300 persons.
(b) 
Group C5.2: for more than 300 but not more than 1,000 persons.
(c) 
Group C5.3: for more than 1,000 persons.
(d) 
Group C5.4: churches, synagogues, mosques and similar places of worship.
(e) 
Group C5.5: schools, colleges and similar places of education.
(6) 
Group C6, institutional: buildings in which the primary or intended occupancy or use is for persons domiciled or detained under supervision, subclassified as follows:
(a) 
Group C6.1: for persons whose movements are not limited and who have a normal sense of perception.
(b) 
Group C6.2: for persons whose movements are limited because of illness or physical or mental handicap, including community residences as defined in Section 606.3 of the New York State Fire Prevention and Building Code.
(c) 
Group C6.3: for persons detained or confined in a mental hospital or for correctional or penal purposes.
(7) 
Group C7, miscellaneous: nonresidential buildings or structures in which the primary or intended occupancy or use is not included in Groups C1 to C6, inclusive.
A. 
One- and two-family residential. A one- or two-family residential building (New York State Fire Prevention and Building Code Groups A1 and A2), existing on the effective date of this chapter, shall not be required to be sprinklered under this chapter, except as follows:
(1) 
When the alteration cost, including additions and repairs, exceeds 60% of the replacement cost of the building, or when alterations, including additions and repairs, are to be made to 60% or more of the building floor area, the entire building shall be sprinklered in accordance with this chapter; or
(2) 
When a one- or two-family residence is used as a child day-care center under the Zoning Law set forth in Chapter 310.
B. 
Multiple dwellings. A multiple dwelling (New York State Fire Prevention and Building Code Groups B1, B2, B3 and B4), existing on the effective date of this chapter, shall not be required to be sprinklered under this chapter, except as follows:
(1) 
When the alteration cost, including additions and repairs, exceeds 60% of the replacement cost of the building, the entire building shall be sprinklered in accordance with this chapter; or
(2) 
When the alteration cost, including additions and repairs, in a separate occupancy (e.g. apartment) in a multiple dwelling, exceeds 60 percent of the replacement cost of the separate occupancy, the entire separate occupancy shall be sprinklered in accordance with this chapter.
C. 
General commercial building. A commercial building (New York State Fire Prevention and Building Code Groups C1, C2, C3, C4, C5, C5.1, C5.2, C5.3, C5.4, C5.5, C6, C6.1, C6.2, C6.3 and C7), existing on the effective date of this chapter, shall not be required to be sprinklered under this chapter, except as follows:
(1) 
Alteration cost.
(a) 
In those general commercial buildings as required by the New York State Uniform Fire Prevention and Building Code to be sprinklered, when the alteration cost, including additions and repairs, exceeds 50% of the replacement cost of the building, the entire building shall be sprinklered in accordance with this chapter; or
(b) 
In all other general commercial buildings not required by the New York State Uniform Fire Prevention and Building Code to be sprinklered, when the alteration cost, including additions and repairs, exceeds 60% of the replacement cost of the building, the entire building shall be sprinklered in accordance with this chapter; or
(2) 
When an alteration of or addition to a commercial building is made, that area comprising the alteration or addition shall be sprinklered in accordance with this chapter.
D. 
For purposes of this section, in order to avoid circumvention of the requirements of this chapter by the piecemeal repair, alteration or renovation of a building, the percentage of the replacement cost and the percentage of the building floor area, as used in this section, shall be measured over a six-month period.
E. 
For purposes of this section, a residential building, multiple dwelling or commercial building existing on the effective date of this chapter shall include a dwelling or building constructed, under construction or authorized to be constructed by a building permit which was issued and is in effect at the time this chapter shall become effective.
The installation, components, sizing, spacing, location, clearances, position and type of sprinkler systems shall be in accordance with the approved plans. All changes shall be submitted on shop drawings for approval before installation.
No device, valve, pipe or fitting may be used in a sprinkler system unless such device, valve, pipe or fitting is of a type approved by the National Fire Protection Agency (NFPA) for such use.
Every new sprinkler system and every part of an existing sprinkler system that is altered, extended, renovated or repaired, except for ordinary repairs, shall be inspected and comply with applicable provisions of this section.
A. 
Notification. Advance notification of tests and inspections required by this section shall be given to the Building and Fire Inspectors 24 hours beforehand.
B. 
Representation at test. Tests required by this section shall be conducted in the presence of the Building or Fire Inspector or his or her representative.
C. 
Testing equipment required. All equipment, material and labor required for testing a sprinkler system or any part thereof shall be furnished by and at the expense of the person responsible for installing the work.
D. 
Testing of the system. Sprinkler systems may be tested in sections or parts with permission of the Building or Fire Inspectors.
E. 
Acceptance. Before the acceptance of such sprinkler system, each sprinkler system shall be subjected to any tests required by the Building and/or Fire Inspectors, which are in accordance with the standards of the National Fire Protection Association.
No building permit shall be issued for the construction of any new building, structure or portion thereof, nor for the reconstruction, remodeling or enlargement of any existing building described in §§ 132-3 and 133-4 hereof, required to have an approved sprinkler system pursuant to this chapter, unless an approved sprinkler system is included in the plans for such construction submitted for the building permit.
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 Building and Fire Inspectors.
Sprinklers shall not be required to be installed in spaces where the discharge of water would be hazardous or where a variance is obtained pursuant to § 133-12 of this chapter. In such places, other approved fire-extinguishing equipment should be provided, as approved by the Board of New York Fire Underwriters, National Fire Protection Association or other nationally recognized approval organization and by the Fire Department.
A. 
Failure to comply with any provision of this chapter shall be deemed a violation, and the violator shall be liable for a fine up to $250 or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation.
B. 
At the direction of the Village Manager, an action or proceeding in the name of the Village of Scarsdale may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to the penalties otherwise prescribed by law.
A. 
The owner of a building or structure or the applicant for a building permit may appeal from any decision of the Building Inspector related to the provisions of Chapter 133 of the Village Code regarding the requirement of sprinklers. Such appeal shall be filed with the Fire Department, together with a fee as established by the Board of Trustees. Within 30 days after receipt of the application, the Fire Department shall transmit the application with its recommendations to the Building Department Coordinating Office for placement on the agenda for a meeting of the Board of Architectural Review.
B. 
Where practical difficulties or undue hardship, including but not limited to maintaining the architectural integrity of the structure, may result from enforcement of any provision of this chapter, application consistent with the spirit of this chapter may be acted upon by the Board of Architectural Review. The Board is empowered to grant a variance when it has found that the application of this chapter would create a practical or undue hardship for the applicant.
C. 
In granting any variances, the Board of Architectural Review 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 a requirement of additional alarms or other devices to ameliorate the effects of having no sprinkler systems.
If any section of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder thereof.
The requirements set forth in this chapter shall supplement the requirements set forth in the New York State Uniform Fire Prevention and Building Code (NYSUFPBC), 9 NYCRR, Subchapter B, Section 742 and Section 774, and other provisions of the Code of the Village of Scarsdale, including but not limited to Chapter 132, Building Construction and Fire Prevention; § 132-126, regarding certificates of occupancy; Chapter 251, Site Plan Review; Chapter A319, Subdivision of Land; § 132-26, regarding unsafe buildings; and Chapter 310, Zoning. The plans, specifications and rating body approvals and other materials required by the Building Inspector relating to the sprinkler systems shall be submitted in conjunction with an application for a building permit pursuant to said laws and pursuant to the Zoning Law.