[Adopted 1-13-1993 by L.L. No. 1-1993; amended in its entirety 1-10-2007 by L.L. No. 1-2007]
It is the intention of this article to provide
for the installation, maintenance, approval and compliance of fire
sprinkler systems within the Town of Brighton.
As used in this article, the following terms
shall have the meanings indicated:
The extension or increase in area, height or equipment of
a structure.
Any change, rearrangement or addition to a structure, other
than repairs; any modification in construction or in equipment.
A sprinkler system, for fire protection purposes, designed
in accordance with fire protection engineering standards. Where provisions
of this code require that a building or portion thereof be equipped
throughout with an automatic sprinkler system, fire sprinklers shall
be installed throughout in accordance with the applicable NFPA standard
as referenced in the Uniform Code.
Replacement or renewal, excluding additions, of any part
of a structure, with like or similar materials or parts, for the purpose
of maintenance, preservation or restoration of such materials.
A.
Any building or structure as classified by the New
York State Building and Fire Prevention Code, with the exception of
one- and two-family dwellings and Utility and Miscellaneous Group
U occupancies, which require a certificate of occupancy, constructed
after January 13, 1993, shall be required to have an automatic fire
sprinkler system installed and operational prior to occupancy.
B.
Any alteration, addition, or repair of a structure,
with the exception of a one- or two-family dwelling, existing on January
13, 1993, when the cost of the alteration, addition or repair made
within any six-month period exceeds 50% of the value of replacement
of any existing structure, shall be considered a "structure constructed
after January 13, 1993" within the meaning of this section.
C.
The replacement value of the existing structure shall
be determined by equalizing the assessed value of the existing structure
based on the most current tax assessment roll in the Town of Brighton,
and shall exclude the value of the proposed alteration, addition or
repair.
[Amended 2-13-2008 by L.L. No. 1-2008]
No building permit shall be issued for the construction of any building or structure, required to have a fire sprinkler system under § 73-29 of this article, unless plans incorporating such fire sprinkler system are filed with the Town of Brighton Building Department and unless said plans are reviewed and approved by the Fire Marshal.
[Amended 2-13-2008 by L.L. No. 1-2008]
No certificate of occupancy shall be issued for any building or structure required to have a fire sprinkler system under § 73-29 of this article unless the system is installed as per plans approved by the Fire Marshal, operational, inspected and tested and unless the appropriate plan review fees are paid to the Town.
[Amended 2-13-2008 by L.L. No. 1-2008]
Installed fire sprinkler systems shall be maintained by the property owner as prescribed in Section 1163.13 of the New York State Uniform Fire Prevention and Building Code and standards set forth by the National Fire Protection Association. All fire sprinkler systems, required under § 73-29 of this article, shall be properly maintained and fully operational in a manner satisfactory to the Fire Marshal, and shall require an annual operational permit. Applications for such permits shall be in a form as developed by the Fire Marshal. Fees for such permits shall be as determined from time to time by resolution of the Town Board.
[Amended 2-13-2008 by L.L. No. 1-2008]
The requirements set fourth in this article shall be in addition to and shall supplement the requirements set forth in Article II of this chapter. The plans, specifications, rating body approvals and materials required by the Town of Brighton Building Inspector and/or Fire Marshal relating to the fire sprinkler system shall be submitted to the Building Inspector and/or Fire Marshal in conjunction with an application for a building permit pursuant to Article II, Enforcement of State Code, of this chapter for review and approval. The fees for plan review shall be as determined from time to time by resolution of the Town Board.
A.
Purpose. The purpose of this section is to assist
individuals with an appeals process for an interpretation and request
for waivers from provisions of this article.
B.
Grounds for appeal. The grounds for appeal shall include
one or more of the following:
C.
Appeal procedure. All appeals shall be conducted at
the regularly scheduled meeting of the Board of Appeals and shall
be conducted in the same manner as other appeals. The Town Building
Inspector and/or Fire Marshal shall present a position paper for the
Board's review; said paper shall become part of the review process
and may appear at the hearing on said appeal. The applicant may also
present a position paper in addition to the applicant appearing at
the hearing. The Board may affirm, modify or reverse the determination
of the Building Inspector and/or Fire Marshal after deliberations.
D.
Time duration for appeal. The time duration for acceptance
of an appeal shall be 90 days from the date of the Town's action involving
the applicant.
E.
Decisions and deliberations. The hearing on the appeal
will be recorded in the formal minutes of the Zoning Board, and determination
on the appeal shall be made by a majority vote of the Board. The decision
of the Board will be delivered in writing to the petitioner and the
involved Town officials. The petitioner may institute an Article 78
proceeding within 30 days after filing of the minutes of the meeting
in the Town Clerk's office.
F.
Jurisdiction. In no event shall the Town of Brighton
Board of Appeals assume jurisdiction over nor interpret or modify
any provisions of the New York State Uniform Code nor shall it in
any manner substitute for the New York State Regional Board of Review
with respect to provisions within the Uniform Code.
This article shall not be construed to hold
any code enforcement official of the Town of Brighton responsible
for any damages to persons or property by reason of inspection or
reinspection authorized herein or failure to inspect or reinspect
as required by any permits under this article, nor shall it be liable
for any damage to persons or property by reason of the Building Inspector
and/or Fire Marshal exercising their discretion as provided in this
article.
A.
Any person who violates or knowingly permits the violation of this article shall be deemed to have committed an offense against this article and shall be punishable as provided in Chapter 1, General Provisions. Each separate violation shall constitute a separate additional offense. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person violating any provision of this article or any article, section or subsection thereof shall be subject to a civil penalty in the sum of $200 for the first such violation and $300 for any subsequent violation, said penalties to be recoverable in a civil action in the name of the Town of Brighton.
B.
Any action or proceeding in the name of the Town of
Brighton may be commenced in any court of competent jurisdiction to
compel compliance with or restrain by injunction the violation of
the provisions of this article or to vacate the occupancy or structure
in the case of imminent danger to life and property. Such remedy shall
be in addition to penalties otherwise prescribed by law.
