A. Fire Hydrants
Where public water is available, fire hydrants shall be installed in accordance with the recommendations and requirements of the Middletown Fire Department and Newport Water Department. The locations and specifications of the fire hydrants shall be provided on development plans prior to approval.
B. Cisterns
In the event the Planning Board, after careful deliberation and considering all relevant factors before it, resolves that a proposed subdivision or land development cannot connect to a public water supply, then the proposed subdivision or land development shall provide underground water cisterns for fire protection purposes, subject to the approval of the Middletown Fire Chief.
1. The number, size, design and location of the cistern(s) shall be determined by the Fire Chief or his or her designee according to applicable current National Fire Protection Association (NFPA) standards prior to preliminary plan approval of the subdivision or land development. Cisterns shall be constructed of fiberglass unless an alternative material is approved by the Fire Chief. Cisterns shall not be located within the public right-of-way. The cistern(s) will be constructed and installed in accordance with current NFPA standards.
2. Cisterns will be maintained and tested in accordance with NFPA 25 Standard for the Inspection, Testing and Maintenance of Water Based Fire Protection Systems, current edition. Repairs to and maintenance of approved cisterns, including initial filling and refilling, will not be the responsibility of the town. All filling, repairs and maintenance shall be the responsibility of the property owner, homeowner's association, or other legal entity as described in the final plan decision and/or other recorded legal documents.
3. The homeowner's association or property owner must enter into a contract with a qualified professional to perform an inspection and necessary maintenance of the cistern at least annually, with such inspection and maintenance report to be provided to the Fire Department. Inspection shall be in accordance with NFPA checklists and standards as applicable. Such contract shall also provide for immediate notification to the Fire Department if the contract lapses.
4. An easement shall be recorded providing the Fire Department with access to the cistern for inspection, maintenance and for emergency purposes. The easement shall provide that in the event that a homeowner's association or property owner fails to complete required inspections and maintenance, the Fire Department will have the ability to complete such inspections and maintenance at the expense of the homeowner's association or property owner, subject to the placing of a lien against the property.
5. Penalty
Any person, corporation, or other entity, whether as principal, agent, employee, subcontractor or the like, who violates any of the provisions of this section shall be subject to a fine not to exceed $500 for each offense. Each day of the existence of any violation shall be deemed a separate offense.
C. Residential Fire Sprinklers
Installation of fire sprinklers is encouraged in all new development throughout the town, whether public water and fire hydrants are available or not. In situations where the installation of sprinklers is not required by the building code, the town offers the following incentives to encourage the installation of sprinklers in new development. Sprinklers must be installed and maintained in accordance with applicable NFPA standards for residential sprinklers:
1. For new developments where public water is not available but fire sprinklers are installed, the requirement in Section 522 B. for installation of a cistern(s) will be waived.
2. For new residential subdivisions or developments where all dwelling units include residential fire sprinklers, the Planning Board may, at its discretion, reduce the minimum required paved road width of Section 603 and required road length under Section 504 A., provided that new roads shall have a minimum paved width, including curbs, of 20 feet.
3. The Fire Department plan review fees and building, electrical, plumbing and mechanical permit fees shall be waived for any residential structure where all dwelling units include residential fire sprinklers.
4. The development impact fee for fire facilities and equipment shall be waived for new dwelling units that include residential fire sprinklers.