[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.]
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:
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.
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.
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.
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.
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:
(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
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.
