HomeMy WebLinkAbout1988 LL 07 - Requiring Sprinkler Systems 9
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Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlbibig to indicate new matter.
4of............................Ithaca. ............................................................................
own
LocalLaw No.......................7.,................................of the year 19»..........
A local law...REQUIRING .SPRINKLER SYSTEMS TO BI-INSTALLED. I..N .BUILDINGS
..... .... . .. ........ ........
(Inert titte)
IN THE TOWN OF ITHACA
Beit enacted by the .................................Town...Board...........................................................................of the
�(Nape oft etblotive Body)
Wof ........................................................Ithaca .. ............................................................... as follows:
Town
d�
Section 1. AJpplicability. This local law shall apply to all parts of
the Town of Ithaca outside the Village of Cayuga Heights.
Section 2. Definition. "Approved sprinkler system" shall mean a
sprinkler systemapproved by the New York Board of Fire Underwriters,
the National Fire Protection Association, or other nationally
recognized approval organization as determined by the Town Building
Inspector, which approval shall have been obtained prior to
installation of this system. 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.
Section 3. New buildings required to have sprinkler systems. All
classifications of buildings listed below, which buildings are
constructed after the effective date of this ordinance, 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.
�"(If additional space is needed, attach sheets of the same size as this and number each)'"
...�..�.�i�r r ■.r_�i err i n rru�r �
Page 1
289
( 3) Administrative buildings.
( 4) Bank buildings.
( 5) Professional buildings.
( 6) Retail and personal service buildings (mercantile).
( 7) Industrial buildings.
( 8) Storage buildings.
( 9) Amusement park buildings.
(10) Armories.
(11) Art galleries.
(12) Assembly halls.
(13) Auditoriums.
(14) Bathhouses.
(15) Bowling alleys.
(16) Clubrooms.
(17) Coliseums and stadiums.
(18) Courtrooms and buildings.
(19) Dance halls.
(20) Exhibition halls or buildings.
(21) GymnasiumLs.
(22) Indoor tennis courts or other sport courts.
(23) Lecture halls.
(24) Libraries.
(25) Lodge halls or room.
(26) Hotels.
(27) Motels.
(28) Lodging and boarding houses (including bed and breakfast
establishments)
(29) Motion-picture theaters.
(30) Museums.
(31) Nightclubs.
{
1 r (32) Recreation centers.
(33) Restaurants,
(34) Skating rinks.
(35) Theaters.
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287
(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 any number
i
of children for hire.
(41) Clinics.
(42) Hospitals.
(43) Infirmaries.
(44) Sanatoriums.
(45) Boathouses.
(46) Nursing homes.
(47) Nightclubs.
(48) Group homes.
(49) Halfway houses.
(50) One and two family dwellings (except that no system will be
required in closets fifty (50) square feet or less in area
or in bathrooms or in any unheated areas).
(51) Any other buildings the use of which includes regular
overnight sleeping by human occupants.
Section 4. Existing buildings required to install sprinkler systems.
Existing buildings as set forth below which do not contain approved
sprinkler systems on the effective date of this local law shall be
required to obtain and install approved sprinkler systems within ten
years from the effective date of this ordinance.
( 1) Hotels.
( 2) Motels.
( 3) bodging and boarding houses (including bed and breakfast
facilities.
( 4) Child-caring institutions other than one or two-family homes
where care is provided for seven or more children.
( 5) Hospitals.
( 6) Infirmaries.
( 7) Sanatoriums.
( 8) Nursing homes.
( 9) Nightclubs.
(10) Public restaurants.
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285
(11) Any building in which child care is provided for seven or
more children for hire.
(12) Group hones.
(13) Halfway houses.
(14) Dormitories
(15) Multiple dwellings (except systems will not be required in
enclosed closets 50 square feet or less in area and in
bathrooms) .
Section 5. Building Permit.
(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 ordinance unless an approved
sprinkler system is included in the plans for such construction
submitted for the building permit.
(b) No building permit shall be issued for the alteration,
enlargement or modification of any building existing on the effective
date of this ordinance that is required to have an approved sprinkler
system installed within ten years of the date of this ordinance unless
an approved sprinkler system is included in the plans for such
alteration, enlargement or modification.
Section 6. Certificate of Occupancy. 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 Town of Ithaca Building Inspector.
Section 7. Exception. Notwithstanding the terms of this ordinance
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 approved by the New York Board of Fire
Underwriters, National Fire Protection Association or other nationally
recognized approval organization and by the Town of Ithaca Building
Inspector shall be provided.
Section 8. Penalties.
(a) Failure to comply with any provision of this local law shall
be deemed a violation and the violator shall be liable for a fine up
to $100.00, 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 law pursuant to the Town of Ithaca
Local haw No. 1 of 1979 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
conpliance with or restrain by injunction the violation of any
provision of this local law, 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.
Section 9, Variances.
Page lc
283
(a) Where practical difficulties or unnecessary hardship may
result from enforcement of the strict letter of any provision of this
local law applications for variances consistent with the spirit of
this local law 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
( i) The application of the strict letter of this local law
would create a practical difficulty or unnecessary
hardship for the applicant.
(ii) The omission of an approved sprinkler system from all
or part of a building will not significantly
rjeoparadize human life.
(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 emission 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.
Section 14. Partial invalidity. If any section of this local law
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.
Section 11. Administration. The requirements set forth in this local
law shall be in addition and shall supplement the requirements set
forth in Local Law No. 14 for the year 1987. 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 laws and pursuant to the Town
of Ithaca Zoning ordinance.
Section 12. Effective date. This local law shall take effect
imciediately.
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281
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. ....... ........of 19A.
,of the 01of Ithaca.....was duly passed by the......Town..................................................................
Town (Name of Legislative Body)
on............July...1.1................jqj� in accordance with the applicable provisions of law.
........ .
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that Life local law annexed hereto,designatedas local law No.....................of 19........
County
City .........was duly passed by the..................................................................................
Of the Town of............................. (Name of Legislative Body)
Village not disapproved
on.................................................19........ and was approved by the .........................................
repassed after disapproval Elective Chief Executive 6i at
and was deemed duly adopted on........................................................19........ . in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,desiguatedas local law No................... of 19..........
County
Cityof the of........ ........................was duly passed by the......................................................................................
Town ...... (Name of Legislative Body)
Village
not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief executive Officer*
on ...................................................19........ Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive general
thereon at the special election held on......................................................19......... in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local low No................... of 19..........
County
ofthe City of...............;......................was duly passed by the................................................................................Oil
Town (Name of Legislative Body)
Village not disapproved
...................................................19........ and was approved by the.........................................................On
repassed after disapproval Elective Chief Executive Officer a
........................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
..................................................................... 19........, in accordance with the applicable provisions of law.
Mective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or,U them be none,the chairman of the county legislative body,the=yet of a city or village or the supervisor of a town,
when such officer Is vested with power to approve or veto local laws of ordinances.
3. Page 2
279
a
5.' (City local law concerning Charter re%ision proposed by petition.)
I hereby certify that the local lax annexed hereto,designated as local law No.....................of 19........
ofthe City of..........................................................................having been submitted to referendum pursuant to the
provisions of §37 of the liunicipal llume liule Law,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special general election held on..................................
................19............became operative.
6. (County local law concerning adoption of Charter.)
r I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......of the
County of ......................................... State of New fork, having been submitted to the Electors at the
General Election of November........... 19...........pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(if any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
W I further certify that.l have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragra h..,........1.............. above.
Town Clock a
Date; July 12, 1988
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.... .............I.......
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
0
?Tmn
slpnatu:e John C. BarneAttorney, .......... .TtUe .....
Date: //rf
t� l 1 31 / t � ha
Irof..............Itca..................:.............
Town
Page 3
'14-164(2)87)—T..t 12 DISPOSITION DATE
CT I.D.NUMBER 617;11t�'Al' SEAR
Appendix C
State Environmental Quality R64"
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION(To be completed by Applicant or Project sponsor)
1. APPLICANT]SPONSOR 2. PROJECT NAME
Town of Ithaca Proposed Sprinkler Ordinance
3. PROJECT LOCATION:
Municipality County
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map)
(Townwide)
5. IS PROPOSED ACTION:
KI Now 11 Expansion ❑Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Local Law requiring the installation of sprinkler systems in buildings in
Town of Ithaca.
7. AMOUNT OF LAND AFFECTED:
Initially N/A —acres Ultimately N/A acres
B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Yes ❑No If No,describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
El Residential El Industrial 1:1 Commercial CAgriculture El Park/ForestiOpen space El Other
Describe:
N/A
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
El Yes )M No It yes,list agency(s)and permittapprovals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
1:1 yes IM No 11 yes,list agency name and permitiapproval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
El Yes ®No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicantisponsor name:Robert R. Flumerfelt,P.E. , Town Engineer Date: June 28, 198E
Signature: —-----
If the action is In the Coastal Area, and you are a state agency,complete the
Coastal Assessment Form before proceeding with this assessment
OVER
...............
A. Action is Unlisted.
B. Action will not receive coordinated review.
C. Could action
C1. _E2iia:Ung_air_qqajjty, sur ace_cr_grc�unciwater alit or
;EL2Qd:LRg-RroblQMZj
No adverse impacts due to the proposed action are
anticipated. No new construction as a result of the action is
expected to occur.
cQmmP-Aity-Qr--ngighborbQQd
character?
No adverse impacts on aesthetic, agricultural,
archaeological, historic, or other natural or cultural resources,
or community or neighborhood character is anticipated. Some
older buildings, including some historic or potentially historic
buildings, may be affected by interior alterations to accommodate
sprinkler systems as required by the proposed action. In cases
where installation of a sprinkler system would adversely impact
an architecturally or historically significant building, however,
the proposed local law provides relief through a variance
procedure outlined in Section Nine.
aDqqies signifig,,ant t t-,-
-hati a s-
-9r-th2matDned-Qr--qndangered
apec i ss?
?
No adverse impacts are anticipated.
of-laze f--1-4n-d--Qr-Q1bDr
No adverse impact on or divergence from existing plans and
goals is anticipated. No change in use or intensity of use of
land or other natural resources is anticipated. Proposed action
will further the efforts of the Town of Ithaca to increase fire
protection for Town residents at minimal cost, and make most
effective use of existing and currently planned fire protection
services.
C5. Grgwth, eqilta�yelop-ment, r oel c
!2 - _AUhs ---r -j:Lad-_atiylties
likely-t
j2g indg-gtd_�byAhe propqatd
None expected.
...........-—--------—----- ..........
None expected.
C7--Qt.la?.r-impa9ta-iingliAdin-- chang�&-jn use-gf
qu.ap-titz-or-type-of-eng,rgyi?-
None expected.
!a-thtre,-qK is there like ly tg__hg,_ggntroversZ_rgjAtgd-t9
Rgt!antial-adverge-guyirgnmgntLL1-impactaZ
None expected.
BART-111
RE-Q-2WENDATIO
A negative determination of environmental significance is
recommended for the proposed ordinance requiring the installation
of sprinkler systems in certain structures in the Town of Ithaca.
Lead Agency: Town Board
Reviewer: George R. Frantz, Asst. Town Planner
Review Date: June 28, 1988
,ImFINAL
TOWN OF ITHACA �1fSP6SttIflN DATE
'A e ��.
AFFIDAVIT OF POSTING AND PUBLICATION
I, Jean H. Swartwood , being duly sworn, say
that I am the Town *.Clerk of the Town of Ithaca, Tompkins County, New
York; that the following notice has .been duly posted on the' sign .board
of the Town Clerk of the Town of Ithaca and that the notice has been
duly publishes) in the local newspaper; (Ithaca Journal)
See Attached. , .
Location of signboard used for posting: Main Entrance
Date of Posting: June 23.; 1988
Date of Publication: June 28, 1988
To n C erk,' Town of Ithaca
STATE OF NEW YORK
COUNTY OF TOMPKIN'S ss,
''1,OtiV OF ITHACA )
Sworn to and subscribed before aye this '�`� _ day ofS' NA
:9
--
-Notary Public
TOWN OF ITHACA
NOrICE OF PUBLIC ING
PLEASE TAKE NOTICE, that the Town Board of the Town of Ithaca will
meet and conduct a public hearing on July 11, 1988, at 7:30 P.M.,
at the Town Hall, 126 East Seneca Street, Ithaca, New York, to
consider the adoption of a local law requiring sprinkler systems to
be installed in buildings in the Town of Ithaca and will at this
time hear all persons in favor of or opposed to the adoption of
said local law.
Jean H. Swartwood
Town Clerk
PUBLISH: June 28, 1988