[HISTORY: Adopted by the Town Board of the
Town of Ithaca 7-11-1988 by L.L. No. 7-1988. Amendments noted where
applicable.]
This chapter shall apply to all parts of the
Town of Ithaca outside the Village of Cayuga Heights.
A.
APPROVED SPRINKLER SYSTEM
SMOKE DETECTOR
As used in this chapter, the following terms shall
have the meanings indicated:
A sprinkler system that meets the requirements of the New
York State Uniform Fire Prevention and Building Code and the standards
of the National Fire Protection Association or other nationally recognized
approval organization, as determined by the Town Code Enforcement
Officer. Such system, to be approved, shall meet all standards of
installation and operation as prescribed by such approval bodies and
the manufacturer of the system. Any such installation and the operation
thereof shall be also subject to the approval of the Town of Ithaca
Building Inspector.
[Amended 4-12-2010 by L.L. No. 3-2010]
A smoke detector approved by the Town of Ithaca Building
Inspector. Such approval shall be given by such officer if the smoke
detector, as installed, whether battery-powered or hard-wired, meets
the requirements of the New York State Uniform Fire Prevention and
Building Code, the National Fire Protection Association, or other
nationally recognized approval organizations as determined by the
Town Building Inspector.
[Added 10-1-1990 by L.L. No. 10-1990]
B.
All other terms shall have their commonly understood meanings. Where there is an ambiguity in the commonly understood meaning of a word reference shall be made to the definitions contained in Chapter 270, Zoning, of the Code of the Town of Ithaca, and the New York State Uniform Fire Prevention and Building Code. Where there is a conflict in definition between such Chapter 270, Zoning, and such Building Code, the definitions contained in Chapter 270, Zoning, shall control.
[Added 11-10-1988 by L.L. No. 10-1988]
A.
All classifications of buildings listed below, which
buildings are constructed after the effective date of this chapter,
shall be required to have approved sprinkler systems installed and
operational:
(1)
Multiple dwellings (except no system will be required
in enclosed closets 50 square feet or less in area and in 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 exceeding 400 square feet in size.
[Amended 8-13-2012 by L.L. No. 10-2012]
(9)
Amusement park buildings.
(10)
Armories.
(11)
Art galleries.
(12)
Assembly halls.
(13)
Auditoriums.
(14)
Bathhouses.
(15)
Bowling alleys.
(16)
Club rooms.
(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 and boarding houses (including bed-and-breakfast
establishments).
(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
including dormitories.
(38)
Outpatient clinics.
(39)
Day-care centers.
(40)
Any building in which child care is provided for hire
for more than three children unless smoke detectors are provided in
all rooms of the facility (except kitchens, bathrooms, and enclosed
closets of 50 square feet or less in area), in which event no sprinkler
system shall be required unless child care is provided for hire for
more than 14 children. The exceptions permitted by this subsection
shall not alter the requirements for sprinkler systems in day-care
centers.
[Amended 10-1-1990 by L.L. No. 10-1990; 11-7-1995 by L.L. No. 11-1995]
(41)
Clinics.
(42)
Hospitals.
(43)
Infirmaries.
(44)
Sanatoriums.
(45)
Boathouses.
(46)
Nursing homes.
(47)
Nightclubs.
(48)
Group homes.
(49)
Halfway houses.
(51)
Any other buildings, except detached one- and two-family
dwellings, the use of which includes regular overnight sleeping by
human occupants.[2]
[Amended 11-10-1988 by L.L. No. 10-1988]
[2]
Editor's Note: Original Section 4, Existing
buildings required to install sprinkler systems, as amended, which
immediately followed this subsection, was repealed 9-13-1999 by L.L.
No. 8-1999.
B.
Notwithstanding the requirements of Subsection A above, detached residential garages and residential accessory buildings, including those associated with one- or two-family dwellings or multiple-family dwellings, regardless of size, are not required to have sprinkler systems.
[Added 8-13-2012 by L.L. No. 10-2012]
A.
No building permit shall be issued for the construction
of any new building, structure or portion 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.
B.
If an application for a building permit for repairs, conversions, alterations, additions to, or for removal of, an existing building is submitted; and the building, upon completion of the work for which the building permit is sought, is or will be a building listed in § 225-3; and by reason of the work identified in the building permit application, the entire building would normally thereafter have to be in compliance with Subchapter B of the New York State Uniform Fire Prevention and Building Code or any similar successor statute (e.g., if the cost of alterations exceeds 50% of the replacement cost of the building), such building permit shall not be issued unless an approved sprinkler system is included in the plans for the work submitted for the building permit.
[Amended 9-13-1999 by L.L. No. 8-1999]
[Amended 5-12-2014 by L.L. No. 5-2014]
No certificate of occupancy or certificate of
compliance 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 Town of Ithaca Building Inspector.
[Amended 4-12-2010 by L.L. No. 3-2010]
Notwithstanding the terms of this chapter, 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 shall be provided that meets the requirements of the New
York State Uniform Fire Prevention and Building Code and the standards
of the National Fire Protection Association or other nationally recognized
approval organization, as determined by the Town Code Enforcement
Officer.
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 $100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Building Inspector is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca and any successor statutes.
B.
An action or proceeding in the name of the Town of
Ithaca 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 penalties otherwise prescribed by law.
A.
Where practical difficulties or unnecessary hardship
may result from enforcement of the strict letter of any provision
of this chapter applications for variances consistent with the spirit
of this chapter may be made to and acted upon by the Zoning Board
of Appeals of the Town of Ithaca. The Board is empowered to grant
a variance when the Board has found:
B.
In granting any variances the Zoning Board of Appeals
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.
The requirements set forth in this chapter shall be in addition and shall supplement the requirements set forth in Chapter 125, Building Construction and Fire Prevention, of the Code of the Town of Ithaca. The plans, specifications, rating body approvals and other materials required by the Building Inspector relating to the sprinkler systems shall be submitted to the Building Inspector in conjunction with an application for a building permit pursuant to said Chapter 125 and pursuant to Chapter 270, Zoning, of the Code of the Town of Ithaca.
[Added 10-1-1990 by L.L. No. 10-1990]
If there is more than one use in a building,
and one of the uses in the building requires sprinklers, the entire
building shall have sprinklers installed.
