§ 4-65. Additions.

(a)

Alternative plans to meet fire flows:

(1)

In the event adequate fire flows do not exist for any property in the town upon which construction or development is proposed due to limitations on existing infrastructure or for other reasons outside the control of the applicant, then the applicant may request that the fire code official consider alternative means and methods for the completion of the applicant's construction to meet fire flow requirements as further provided herein.

(2)

The applicant shall be required to submit a specific plan in lieu of strict compliance with fire flow requirements to the fire official in writing, and it shall be specific as to any proposed temporary or permanent improvements. Any submitted shall be supported by architectural, engineering, fire code official or other similar professional plans, drawings or opinions regarding the proposal and how the plan establishes adequate fire protective measures to warrant approval.

(3)

A submitted plan in lieu of strict compliance with fire flows may include, but shall not be limited to the following types of conditions: (a) adequately secured agreements to assure that future construction will be completed within a reasonable time by the applicant, by the owner of adjacent properties or by the town in a manner that will provide for adequate fire flows to the property; (b) construction methods in the building that will reduce the need for fire flows; (c) use of alternative materials and methods that enhance the level of life safety. This can be accomplished by the use of fire resistive materials, fire resistive construction, fire separations, fire walls, barriers or partitions, suppression systems, fire alarms or other means that meets the intent of the applicable codes.

(4)

The fire code official shall review all such submitted plans on a case by case basis in good faith to explore reasonable alternatives to strict compliance with fire flow requirements. The fire code official shall consult with the town manager, the town building official, the town engineer or seek any other professional input as part of the review of a submitted plan. The fire code official shall review the submitted plan to determine if the plan adequately safeguards the health, safety and welfare of building occupants, visitors, firefighters and the general public. Financial hardship to the applicant alone will not be grounds for the acceptance of all or any part of the plan. The decision on compliance plans shall be evaluated on the basis of adequate levels of fire safety as stated herein.

(5)

If the fire code official denies any plan submitted by an applicant in lieu of strict compliance with fire flows then the applicant may request that the town board review that denial. The board shall review that request at its next meeting. The board in its sole discretion may take testimony from the applicant, the fire code official, or any other person or review any other evidence presented. The board's review of the denial of any plan shall be based on the criteria set forth in subsection (a)(4) above. It shall be the policy of the board to grant permission for all or part of any plans in lieu of strict compliance only in those rare circumstances where the unique circumstances of the property prevents compliance, and where concerns with fire safety are not compromised. It shall be the burden of the applicant to prove that the plan will adequately safeguard safety concerns.

(Ord. No. 406, § 4, 12-20-16)