Title 1: Department of Buildings

Chapter 3: Vacant and Unguarded Buildings

§ 3-01 Sealing and Protection of Vacant and Unguarded Buildings.

Where buildings are vacant, unguarded, open to unauthorized entry and are required to be sealed pursuant to the provisions of an unsafe building order issued by the Department of Buildings or a determination by the Department of Housing Preservation and Development that the condition is dangerous to life, health and safety, they shall be sealed and protected in the following manner:

  1. Buildings with exterior walls constructed of brick or other masonry.

   (1) All exterior openings including door openings, which are in the cellar, basement and first story, or which are less than ten (10) feet from grade, shall be sealed with concrete block or stucco on plywood as provided below. All exterior openings which are on the course of a fire escape or are above the first story and less than six (6) feet measured horizontally from an opening in an adjoining building shall be sealed with concrete block or stucco on plywood as provided below. One door opening, readily visible from the street, may, at the discretion of the owner, be sealed with a padlocked metal roll-up door, one (1) hour fire rating metal door or an exterior door of one (1) and three-quarter (3/4) inch solid wood covered with twenty-six (26) U.S. gauge galvanized metal with edging turned over and nailed with flat head galvanized nails. The door of solid wood shall be hung in such a manner that no screws are exposed on the outside of the door on either the hinges or the hasps. Hinges shall not have removable hinge pins. Two hasps and locks shall be provided, located so as to divide the height of the door in equal sections.

   (2) Concrete Block Seal.

      (i) Concrete block shall conform to the provisions of Reference Standard RS-10 of the New York City Building Code.

      (ii) All door and window frames shall be removed before concrete blocks are installed. Brickwork which new concrete blocks will abut, shall be cleaned and thoroughly wetted before blocks are installed.

      (iii) Doors and windows, not exceeding three (3) feet in width, shall be sealed with concrete block at least four (4) inches in thickness. Openings exceeding three (3) feet in width shall be sealed with concrete blocks at least eight (8) inches in thickness.

      (iv) Concrete blocks shall be laid in masonry cement mortar with a mix of not more than three (3) parts of sand for each part of masonry cement by volume. Joints in masonry shall be broken and exterior faces shall be struck. Blocks shall not extend beyond the brickline. Masonry cement shall conform to the provisions of Reference Standard RS-10 of the Building Code.

   (3) Stucco on Plywood Seal:

      (i) If the window frame is in a condition whereby plywood can be secured to it, five-eighth (5/8) inch CDX grade plywood shall be nailed into such frame openings with eight d (8d) common nails every twelve (12) inches. Galvanized wire lathe shall then be nailed to plywood using one (1) inch roof nails every twelve (12) inches. Wire lathe shall be covered by a one (1) inch coat of portland cement with a float finish. Cement shall not extend beyond the opening’s brickline.

      (ii) If a window or door frame is in a condition whereby such plywood cannot be secured to it, the frame shall be removed. The opening shall then be framed-out with new grade one (1) wood or metal two (2) × four (4) inch top and bottom plates with wood or metal studs every sixteen (16) inches on center.

      (iii) Openings exceeding three (3) feet shall be framed-out with new grade one (1) two (2) × four (4) inch top and bottom plates with wood or metal studs every sixteen (16) inches on center.

  1. Buildings with exterior walls constructed of material other than masonry. All exterior openings including door openings, which are in the cellar, basement and first story, on the course of a fire escape, are less than six (6) feet measured horizontally from an opening in an adjoining building or which are less than ten (10) feet from grade, shall be sealed with stucco on plywood as provided in this section or with five-eighth (5/8) inch CDX grade plywood which may be nailed directly to the window frame if such frame is in a condition which will enable such plywood to be attached, fastened directly to the exterior wall, or secured with bolts and battens in accordance with Detail “A”. If such frame is not in a condition to enable such plywood to be attached, the opening shall be framed-out with new grade one (1) wood or metal two (2) × four (4) inch top and bottom plates with wood or metal studs every sixteen (16) inches on center. One door opening, readily visible from the street, may, at the discretion of the owner, be sealed with a padlocked metal roll-up door, one (1) hour fire rating metal door or an exterior door of one (1) and three-quarter (3/4) inch solid wood covered with twenty-six (26) U.S. gauge galvanized metal with edging turned over and nailed with flat head galvanized nails. The door of solid wood shall be hung in such a manner that no screws are exposed on the outside of the door on either the hinges or the hasps. Hinges shall not have removable hinge pins. Two hasps and locks shall be provided, located so as to divide the height of the door in equal sections.
  2. Openings in roofs which are accessible from an adjoining building shall be sealed as follows:

   (1) Ventilating equipment and similar protruding structural elements in roofs shall be completely removed, except that dumbwaiter shafts extending above roof level need not be removed if the door opening into the shaft is sealed with concrete blocks or stucco on plywood. Openings remaining after removal of such equipment and/or protruding structural elements shall be sealed with one (1)-inch thick tongue and groove boards, not less than six (6) inches in nominal width or with five-eighth (5/8) inch CDX plywood, nailed onto three (3)-inch by eight (8)-inch joists, not more than sixteen (16) inches on center. Joists shall be secured to the roof timbers framed about the openings in a sound and secure manner. Boards shall be covered with ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement to provide a watertight durable cover. Skylights at the top of the dumbwaiter shafts shall be sealed by removing the assembly, framing out the opening with new grade one (1) two (2) × four (4) inch joists on edge, sixteen (16) inches on center and then covered with five-eighth (5/8) inch CDX grade plywood. Such plywood shall then be covered with ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement to provide a watertight durable cover.

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   (2) Roof skylights shall be secured by constructing a frame which encloses all sides of the skylight. The frame shall be constructed using new grade one (1) two (2) × four (4) inch single bottom plate and double top plate with wood or metal studs every sixteen (16) inches on center. Bottom plates shall be nailed to the building’s roof joists with sixteen d (16d) common nails or sixteen d (16d) concrete nails every twelve (12) inches. Top plates shall overlap at the corners. New grade one (1) two (2) × six (6) inch joists on edge with headers, every sixteen (16) inches on center, shall bear on top plates. The entire frame shall then be covered with five-eighth (5/8) inch CDX grade plywood. A watertight durable cover shall be provided on the top of the frame using ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement. A diagram for enclosure of roof skylight is provided at Detail “B”.

   (3) Public hall roof bulkheads shall be sealed as follows: Windows of bulkheads shall be removed and sealed with concrete blocks or stucco on plywood as provided in this section. Doors of bulkheads may be secured shut if the frame and door are in a condition whereby the door may be adequately secured. If not in such condition, the door and frame shall be removed and the opening shall be sealed with concrete blocks or stucco on plywood as provided in this section. Openings at top of roof bulkheads shall be sealed by removing the assembly, framing out the opening with new grade one (1) two (2) × eight (8) inch joists on edge, sixteen (16) inches on center and then covered with five-eighth (5/8) inch CDX grade plywood. Such plywood shall then be covered with ninety (90) pound roofing felt secured by one (1) inch roofing nails every twelve (12) inches or roofing cement to provide a watertight durable cover.

  1. Notification to utilities. Notification shall be made to the steam, electric and gas utility companies which provide service to the buildings to request discontinuance of service to the buildings. In addition, water service to the building shall be discontinued and certification to that effect from the Department of Environmental Protection shall be filed with the department.
  2. Rubbish removal and extermination. Prior to the completion of sealing of exterior openings as set forth in this section, all decomposable debris and rubbish shall be removed from the yards, courts and any area at the perimeter of the premises and the building shall be treated to exterminate rodents by a licensed exterminator.
  3. Hazardous combustible material within buildings. If hazardous materials which could cause a fire or explosion are discovered within the building, they shall be removed and disposed of in an appropriate manner prior to sealing.

§ 3-02 Obtaining Access to Keys of Sealed Premises.

(a) Submission of Request. Persons wishing to have access to the keys to a premises sealed by the Department of Buildings must appear in person at the Executive Offices of the New York City Department of Buildings. At this time they must submit form OP-14, "Request for Access to Sealed Premises," with section "A – Ownership Interest" and "B – Statement of Intent" both completed and notarized. Copies of the form are available at the Executive Offices of the Department of Buildings.
  1. Verification of Ownership Interest.

   (1) The General Counsel’s Office reviews the form to verify an ownership or leasehold interest in the premises. The person seeking to obtain access must provide the General Counsel’s Office with some identification including a photograph (e.g. driver’s license, passport) and whatever document establishes the person’s ownership or leasehold interest in the premises. Examples of such documents include the following:

      (i) a copy of a recorded deed;

      (ii) a signed lease, along with the owner’s name(s), address(es) and telephone number(s);

      (iii) a mortgage agreement;

      (iv) a State certified Certificate of Incorporation;

      (v) signed partnership documents; and

      (vi) any other document deemed acceptable by the Commissioner.

   (2) A representative of the General Counsel’s Office will review the above documentation to verify ownership interest. If ownership interest is verified, the representative will sign and date the form where indicated. This representative gives a copy of the signed form to the person seeking to obtain access and gives the original form to the office of Borough Operations.

  1. Obtaining the Key.

   (1) Once the General Counsel’s Office signs the form verifying ownership interest, the person seeking to obtain access must bring the following documents to the Office of the Executive Chief Inspector to substantiate the affirmations required by subdivision c of Section 26-127.1 of the Administrative Code:

      (i) a copy of Form OP-14 signed by the General Counsel’s Office;

      (ii) a copy of the computer index sheet listing the application and violations for the premises;

      (iii) a copy of the vacate order;

      (iv) a copy of all relevant outstanding violations;

      (v) a copy of any relevant work permit issued by the Department of Buildings; (vi) a copy of all relevant plans approved by the Department; and

      (vii) any other document deemed necessary by the Commissioner.

   (2) A representative of the office of the Borough Operations will review the above documentation to determine if the person has the requisite need to gain access to the premises. If it is determined that access should be granted, the representative of the office of the Borough Operations will:

      (i) have a photograph taken of the person seeking to obtain access, initial the photograph and attach it to the form;

      (ii) obtain a copy of the identification including a photograph (e.g. drivers license, passport) and attach it to the form;

      (iii) indicate on the form reasons for granting access;

      (iv) specify on the form the date by which the keys must be returned;

      (v) sign the form; and

      (vi) give a copy of both sides of the completed form to the person receiving the key.

  1. Returning the key.

   (1) All keys must be returned to the office of Borough Operations by the date indicated on the form.

   (2) If a vacate order has been rescinded, all locks and chains must be returned with the keys.

   (3) In order to obtain an extension of time for keeping the key, the person seeking access must appear in person at the Executive Offices with a notarized letter stating the reason for this request. A representative from the office of Borough Operations will review the request and, if accepted, will note the new return date on the original form and initial the change. The notarized letter will be attached to the original form.

§ 3-03 Hearings to Determine Whether Sealing Orders Were Properly Issued.

(a) Hearings to determine whether sealing orders were properly issued by the Department of Buildings may be arranged through the General Counsel's office. A person challenging a sealing order may obtain a hearing by submitting a written request to the office of the General Counsel.
  1. The Office of Administrative Trials and Hearings (OATH) will be notified to schedule a hearing after the General Counsel’s office receives the written request for the hearing. OATH will set the date and time for the hearing. The General Counsel’s office will notify the person requesting the hearing as soon as OATH calendars the hearing. In the event that the person seeking the hearing fails to appear, the Commissioner’s Order to seal the premises will remain in effect.

§ 3-04 Obtaining Access to Keys of Premises Sealed Pursuant to § 26-127.2 of the Administrative Code.

(a) Submission of Request. Persons wishing to have access to the keys to a premises sealed by the Department of Buildings pursuant to § 26-127.2 of the Administrative Code must appear in person at the Executive Offices of the New York City Department of Buildings. At this time they must submit the form, "Request for Access to Premises Sealed for Zoning Violations," with section "A – Ownership Interest" and "B – Statement of Intent" both completed and notarized. Copies of the form are available from the Administrative Enforcement Unit ("AEU") at the Executive Offices of the Department of Buildings.
  1. Verification of ownership interest.

   (1) The AEU reviews the form to verify an ownership or leasehold interest in the premises. The person seeking to obtain access must provide the AEU with some identification including a photograph (e.g. driver’s license, passport) and whatever document establishes the person’s ownership or leasehold interest in the premises. Examples of such documents include the following:

      (i) a copy of a recorded deed;

      (ii) a signed lease, along with the owner’s name(s), address(es) and telephone number(s);

      (iii) a mortgage agreement;

      (iv) a State certified Certificate of Incorporation;

      (v) signed partnership documents; and

      (vi) any other document deemed acceptable by the Commissioner.

   (2) A representative of AEU shall review the above documentation to verify ownership interest. If ownership interest is verified, the representative will sign and date the form where indicated. A copy of the signed form shall be provided to the person seeking to obtain access.

  1. Obtaining the key.

   (1) Once the AEU signs the form verifying ownership interest, the person seeking to obtain access must submit copies of the following documents to the AEU:

      (i) Form entitled “Request for Access to Premises Sealed for Zoning Violations,” with section A signed by AEU;

      (ii) the sealing order;

      (iii) any other document deemed necessary by the commissioner.

   (2) A representative of the AEU will review the above documentation to determine if the person has the requisite need to gain access to the premises. If it is determined that access should be granted, the representative of the AEU will:

      (i) have a photograph taken of the person seeking to obtain access, initial the photograph and attach it to the form;

      (ii) obtain a copy of the identification including a photograph (i.e. driver’s license, passport) and attach it to the form;

      (iii) indicate on the form reasons for granting access;

      (iv) specify on the form the date by which the keys must be returned;

      (v) sign the form; and

      (vi) give a copy of both sides of the completed form to the person receiving the key.

  1. Returning the key.

   (1) All keys must be returned to the AEU by the date indicated on the form.

   (2) If a sealing order has been rescinded, all locks and chains must be returned with the keys.

   (3) In order to obtain an extension of time for keeping the key, the original person seeking access must appear in person at the AEU with the key and a notarized letter stating the reason for this request and, if accepted, will note the new return date on the original form and initial the change. The notarized letter will be attached to the original form.

Chapter 4: Certificates of Occupancy, Live Loads and Occupancy Loads

§ 4-01 Posting Requirements.

(a) A copy of the Certificate of Occupancy indicating the live loads and occupant loads shall be posted within every building for which a Certificate of Occupancy has been issued, except in one and two-family dwellings, and such posted Certificate of Occupancy shall be deemed in full compliance with § 27-225 of the Administrative Code. In a commercial or industrial structure for which no Certificate of Occupancy was issued, a sign shall be posted and maintained in a conspicuous place on each floor stating the live loads.
  1. The copy of the Certificate of Occupancy shall be posted in the main entrance hall or lobby leading to the elevator of each building when there are elevators and to the main entrance hall to the stairs when there are no elevators and shall be posted near the main entrance door when there is no entrance hall to stairs or elevators.
  2. The Certificate of Occupancy shall be posted in a frame having a size sufficient to accommodate properly the Certificate of Occupancy.
  3. The frame shall be faced with glass or other transparent facing which will permit the Certificate of Occupancy to be read without difficulty.
  4. Frames shall be constructed of corrosion resistant metal or durable, impact and flame resistant plastic.
  5. Frames shall be constructed in such manner as to prevent removal of the facing or the Certificate of Occupancy, without the use of special tools.
  6. Certificates shall be placed in such location as to be readily available to interested persons, and the bottom of the frame shall be located between 54 to 66 inches above the floor.
  7. Sufficient lighting shall be provided to make the Certificate of Occupancy legible at all times when the building is occupied.
  8. In place of posting the Certificate of Occupancy in a location specified under 1 RCNY § 4-01(b), it may be located as specified in this rule but only in those buildings where there is a resident caretaker or superintendent on the premises or where there is a building manager on the premises and where such caretakers, superintendents or managers or their assistants are present in the building at all times when the building is occupied. In such buildings, the Certificate of Occupancy may be posted within the entrance hall of the apartment or office of the caretaker or superintendent or inside the entrance to an office of a building manager. The Certificate of Occupancy shall be posted in such locations in the manner specified by the foregoing rules.
  9. A diagrammatic plan approved by the Department of Buildings, as required by § 27-564 of the Administrative Code, shall be posted in accordance with the requirements for a Certificate of Occupancy indicated in these rules showing:

   (1) the weight of any piece of machinery or equipment weighing more than 1,000 pounds and its identifying description and location.

   (2) the maximum design wheel load and the total maximum weight of any vehicle that may be brought into the building.

   (3) the equivalent uniform partition loads, or in lieu of this, a statement to the effect that the design was predicated on actual partition loads. A diagrammatic key plan shall not be required where the above information is clearly noted on the posted Certificate of Occupancy. Section 4-01(j) shall not apply to any structure or portion thereof erected and altered in compliance with any code in effect prior to December 6, 1968. Notice of the permitted floor loads in such buildings shall be posted as required by the former code.

Chapter 5: Concrete

§ 5-01 Conveyance by Pumping Methods

(a) Specified compressive strength. The specified compressive strength f'c, of concrete conveyed by pumping methods shall not exceed 5,000 pounds per square inch.
  1. Mix proportioning.

   (1) All controlled concrete to be pumped shall:

      (i) Comply with all provisions of § 27-605: Mixes

      (ii) For Normal and Heavyweight Concrete be proportioned in accordance with ACI 211.1-74, utilizing Table 1.

Table 1. Volume of Course Aggregate per Unit of Volume of Concrete*

Maximum size of aggregate, in. Volume of dry-rodded coarse aggregate per unit. Volume of concrete for different fineness moduli of sand**      
  2.40 2.60 2.80 3.00
3/8 .475 .456 .437 .418
1/2 .561 .542 .523 .504
3/4 .627 .608 .509 .570
1 .675 .656 .637 .617
11/2 .712 .693 .675 .655
2 .741 .722 .703 .684
3 .779 .760 .741 .722

~

*Values established at Median-Point (reduced 5%). See footnote Table 5.3.6 ACI 211.1-74.

**The type and graduation of the course aggregate, delivery system and job conditions may require these values to be varied. However in no event shall the variations exceed the maximum allowance noted in ACI 211.1-74 Table 5.3.6.

      (iii) For sand lightweight concrete be proportioned in accordance with ACI 211.2.-69 utilizing Table 2 except that the air dry unit weight of the concrete may exceed 115 lb. per cu. ft. when tested at age 56 days in accordance with procedure in ASTM C 567.

Table 2. Volume of Coarse Lightweight Aggregate per Cubic Yard of Concrete***

Maximum size lightweight aggregate, in Fineness Modules of Natural Sand      
  2.40 2.60 2.80 3.00
  Course aggregate cu. ft. per yard****      
3/8   9.3   8.9   8.5   8.1
1/2 11.1 10.7 10.3   9.9
3/4 13.2 12.8 12.4 12.0

~

***Volumes are based upon lightweight aggregate at a total moisture content of 8 percent in loose conditions as described in ASTM C29.

****These values may be increased based on the type, graduation and moisture content of the aggregates, delivery system and job conditions.

   (2) (i) The type, graduation and moisture content of the aggregate delivery system and job conditions may affect the slump necessary at the mixer for the proper conveying of the concrete. For these reasons in addition to the recommended mix established from the preliminary trial mix data obtained in accordance with § 27-605(a)(2), two alternative mixes also shall be recommended. These alternate mixes shall be based upon the water cement ratio curve in the preliminary test data to produce concrete having slumps greater than the maximum specified in § 27-605(a)(2) in increments of l-inch for concrete manufactured with gravel or stone aggregate best not to exceed 8 inches or increments of 2 inches for concrete manufactured with lightweight aggregates but not to exceed 9 inches.

      (ii) It shall be permissible to use these mixes interchangeably during the course of the work, providing the slump as the mixer is equal to or less than that provided for the applicable recommended mix.

      (iii) The recommended preliminary trial mix shall indicate the design unit weight in lbs. per cu. ft. of the fresh concrete and the estimated air dry unit weight at 56 days.

  1. Testing and inspection of controlled concrete.

   (1) Those samples of concrete for test purposes required by RS 10-3, § 4.3.1. which are designated to be “taken out of the bucket, hopper or forms” shall be obtained by passing a receptacle completely through the discharge stream of the delivery line or by completely diverting the discharge into a container. Transport the sample concrete to the place where fresh concrete tests of slump, air content, temperature and unit weight are to be performed and where specimens for strength tests are to be molded in accordance with RS 10-51 and RS 10-52 as directed by the Architect or Engineer designated for controlled concrete inspection. Each of the foregoing three (3) test cylinders per one hundred and fifty (150) cubic yards required under § 4.3.1 of RS 10-3 shall be taken from a different delivery vehicle.

   (2) Where the concrete is discharged directly into the forms by pumping methods the slump taken at the end of the delivery line shall be used to determine conformance with the slump specified for the work.

   (3) The results of tests of samples taken at the end of the pump delivery line shall be shown on the same report with corresponding tests of samples taken from the same batch at the mixer.

   (4) (i) Included in the duties of the on-site inspector as provided by § 27-607 shall be:

         (A) That water is added only to the mixer or under the following circumstances to the hopper of the pump: When a portion of the concrete is discharged from the mixer into the pump hopper at a slump below that specified in the preliminary trial mix and too low for pumpability, water may be added to this concrete in the pump hopper to bring it to the specified slump provided all pumping action is stopped. Before pumping is resumed the concrete in the hopper must be thoroughly remixed for a minimum period of 2 minutes after all of the water has been added. If the concrete cannot be properly remixed it shall be removed from the hopper and discarded. The balance of the batch in the mixer shall be adjusted to the specified slump before further discharge.

         (B) Examination of the conveying line for leakage of cementitious material.

         (C) Verify that no aluminum pipe is used.

      (ii) Included in the duties of the batch plant inspector as provided for in § 27-605(a).

   (5) A.B., shall be:

      (i) To make adjustments for variations in fineness modulus of the fine aggregate as per ASTM C 33, Section 3.4. When the difference of fineness modulus of the fine aggregate is more than 0.2 for each 0.2:

         (A) Below the Design Fineness Modulus deduct 50 lbs. from the dry batch weight of the fine aggregates and add 50 lbs. for normal weight (20 lbs. lightweight) to the dry batch weight of the coarse aggregates.

         (B) Above the Design Fineness Modulus add 50 lbs. to the dry batch weight of the fine aggregate and deduct 50 lbs. for normal weight (20 lbs. lightweight) from the dry batch weight of the coarse aggregates.

      (ii) To test lightweight aggregates for total moisture content each day before the first concrete for the project is batched and thereafter at appropriate intervals during the day or whenever a moisture change may be evident. The moisture content of each test shall be reported on the corresponding inspection ticket accompanying each load of concrete.

      (iii) To immediately notify the concrete producer and the contractor when the total moisture content of the lightweight is 8 percent or less, that a change to an alternate mix may be necessary to maintain the water cement ratio and the slump specified for the work as determined at the end of the delivery line.

  1. Job practices.

   (1) Slump shall be maintained as uniformly as possible from batch to batch in conformance with the specified slump.

   (2) Delivery systems shall be in good condition. No dented or worn thin section shall be used.

   (3) All connections shall have clean grooves, be equipped with gaskets and securely coupled except at the end of the system where sections are being reconnected gaskets may be omitted.

   (4) All vertical risers shall be straight and firmly secured. Pipe bends shall also be restrained against movement caused by the pumping action.

   (5) Clean out procedures shall assure that there is no uncontrolled ejection of concrete or clean out devices at the end of the delivery line. If pressure water is used for cleanout, care shall be taken that the water is not deposited into the form.

   (6) Care shall be taken that portland cement and sand slurry used to prime the delivery line shall not be deposited in the form without the approval of the architect or engineer designated for Controlled Inspection. All other types of printing liquids shall not be permitted to be placed in the form.

   (7) Pumping aids, coloring agents, and all other admixtures shall be permitted only when included in the preliminary trial mix design.

   (8) Flexible hose, used in the system shall be handled so as to permit the full flow of the concrete without restriction, reduction of cross sectional area of kinking.

   (9) Free hanging, coupling connected sections of flexible delivery line shall have additional restraint between each section across each joint.

   (10) Personnel shall avoid standing close to the outlet end of the concrete pump.

  1. Quality control.

   (1) The engineer who designed the structure shall specify on his plans, or an amendment thereto, that concrete may be conveyed by pumping.

   (2) The placement of concrete by pumping shall be suspended on any project where required test reports are not submitted to the Borough Superintendent within six weeks from the date of placement and sampling.

§ 5-02 Licensing of Concrete Testing Laboratories.

(a) General.

   (1) Each laboratory shall have in responsible charge a Director who shall be professionally qualified and who shall personally supervise all technical functions of the laboratory relating to testing of concrete and concrete materials. Sections 27-605 and 27-607 of the Administrative Code require that a licensed Professional Engineer or a Registered Architect supervise the testing of materials and the inspection of concrete construction.

   (2) All technicians shall be qualified to perform all tests they may be required to conduct under the supervision of the Director.

   (3) The laboratory shall annually furnish to the Department of Buildings a list of all personnel who are supervising and performing tests and their qualifications. Note: 1 RCNY § 5-02(b)(6) shall also be complied with.

   (4) The laboratory shall furnish to the Department of Buildings a list of all the equipment used to perform tests on concrete and concrete materials.

   (5) The laboratory shall request and have an inspection made of its procedure and equipment by the “Cement and Concrete Reference Laboratory” whenever the “Cement and Concrete Reference Laboratory” is inspecting laboratories in this area on its cyclical tour of inspection. These inspections shall be made at the cost and expense of the laboratory seeking a license. A copy of the inspection report shall be promptly submitted to the Department of Buildings.

   (6) The laboratory shall correct within 10 days any condition ordered by the Department of Buildings which in its judgment may adversely affect the results of any test.

   (7) A license shall be issued to each applicant upon proof of compliance with these rules and upon payment of a fee of one hundred dollars ($100).

   (8) The annual renewal fee shall be fifty dollars ($50).

   (9) A violation of any of these rules or the falsifying or misrepresentation of any fact in any required report shall constitute cause for revocation or suspension of the license by the Commissioner, after a hearing upon prior notice of at least ten calendar days. However, notwithstanding the foregoing, when the public safety may be imminently jeopardized or when false report has been made, the Commissioner shall have the power, pending a hearing and determination of charges, to forthwith suspend the license for a period not exceeding five working days. The presence of batch tickets at a plant filled in on any day other than the day the specific batch is to be delivered to the construction site, whether signed or unsigned, shall constitute a false report.

   (10) All reports submitted by the laboratory shall bear its name and its license number.

   (11) Renewal of licenses or certificates of qualification, heretofore issued, and issuance of new licenses shall be conditioned upon and subject to the provisions of §§ 26-131 through 26-139 and 26-200 through 26-204 of the Administrative Code.

   (12) The laboratory shall display a copy of its license on its premises.

   (13) The Director shall furnish all of his employees an identification card with a photograph of the employee affixed thereto.

   (14) The Director shall maintain a daily record of the activities of all of his employees, indicating the time of departure to and return from batch plant or construction site inspections, the construction project to which the employee is assigned, and the batch plant visited. This record shall be maintained for 2 years and shall be made available to the department personnel.

  1. Personnel.

   (1) The Director shall be qualified by virtue of education and experience to supervise all tests of concrete and concrete materials conducted by the laboratory. He shall be qualified to practice Professional Engineering or Architecture in the State of New York.

   (2) All technicians performing tests on the chemical composition of cement shall be qualified analytical chemists.

   (3) All other technicians, field personnel, and all personnel having direct supervision of technical staff shall be qualified by education and experience to take samples and perform required tests. Qualifying education and experience may include a degree in engineering, suitable experience in concrete construction, suitable training in concrete industry sponsored programs and the like.

   (4) Satisfactory proof of such qualifications for concrete field testing technicians shall include certification resulting from the ability to pass a qualification test following the guidelines of the American Concrete Institute as set forth in ACI publication CP-2(82).

   (5) All concrete field testing technicians shall be qualified pursuant to 1 RCNY § 5-02(b)(4) on or before July 1, 1985.

   (6) The Department of Buildings shall annually publish in The City Record, on or before the first of July, a listing of concrete field testing technicians qualified pursuant to 1 RCNY § 5-02(b)(4).

   (7) The Director shall submit to the department an affidavit that all technicians and field personnel are qualified to perform their designated tasks and shall keep on the premises a record of the qualifications of all personnel, which shall be made available to the department upon request.

  1. Reports. Reports shall be presented in a form acceptable to the Department of Buildings.
  2. Tests.

   (1) The following specifications of the American Society for Testing and Materials (ASTM) shall be considered as part of these rules:

C29-78 Test for Unit Weight and Voids in Aggregate.
C31-85 Methods of Making and Curing Concrete Test Specimens in the Field.
C39-84 Test Method for Compressive Strength of Cylindrical Concrete Specimens.
C40-84 Test Method for Organic Impurities in Fine Aggregates for Concrete.
C42-84a Methods of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete.
C70-79 Standard Method of Test for Surface Moisture in Fine Aggregate.
C88-83 Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate.
C109-86 Test Method or Compressive Strength of Hydraulic Cement Mortars (Using 2-inch or 50-mm cube Specimens).
C114-85 Method of Chemical Analysis of Hydraulic Cement.
C115-79b Standard Method of Test for Fineness of Portland Cement by the Turbidimeter.
C117-84 Test Method for Material Finer than 75-um (No. 200) Sieve in Mineral Aggregates by Washing.
C127-84 Test Method for Specific Gravity and Absorption of Coarse Ag- gregate.
C128-84 Test Method for Specific Gravity and Absorption of Fine Aggregate.
C136-84a Method for Sieve Analysis of Fine and Coarse Aggregates.
C138-81 Standard Method of Test for Unit Weight, Yield and Air Content (Gravimetric) of Concrete.
C143-78 Test Method for Slump of Portland Cement Concrete.
C151-84 Test Method for Autoclave Expansion of Portland Cement.
C172-82 Method of Sampling Fresh Mixed Concrete.
C173-78 Standard Method of Test for Air Content of Freshly-Mixed Concrete by the Volumetric Method.
C183-83a Method of Sampling and Acceptance of Hydraulic Cement Mortar.
C184-83 Test for Fineness of Hydraulic Cement by the 150-um (No. 100) and 75-um (No. 200) Sieves.
C187-86 Test Method for Normal Consistency of Hydraulic Cement.
C190-85 Test Method for Tensile Strength of HydraulicCement Mortars.
C191-82 Test Method for Time of Setting of Hydraulic Cement by Vicat Needle.
C192-81 Method of Making and Curing Concrete Test Specimens in the Laboratory.
C204-84 Test Method for Fineness of Portland Cement by Air Permeability Apparatus.
C230-83 Specification for Flow Table for Use in Tests of Hydraulic Cement.
C231-82 Standard Method of Test for Air Content of Freshly-Mixed Concrete by the Pressure Method.
C260-86 Specification for Air-Entraining Admixtures for Concrete.
C266-77 Test for Time of Setting of Hydraulic Cement by Gillmore Needles.
C494-86 Specification for Chemical Admixtures for Concrete.
C131-81 Resistance to Abrasion of Small-Size Coarse Aggregate by Use of Los Angeles Machine.
C535-81 Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine, Test for
C803-82 Penetration Resistance to Hardened Concrete, Test for
E4-83a Practices for Load Verification of Testing Machines.

~

   (2) All testing of cement shall be conducted in accordance with the Standard Specifications of the American Society for Testing and Materials (A.S.T.M.).

  1. Curing and testing of concrete specimens.

   (1) The laboratory shall be equipped with a suitable size enclosed room for the curing of all concrete test specimens. It shall be of such size that specimens can be easily handled during storage and preparation for testing. The room shall be equipped with the necessary equipment to maintain a temperature of 73.4 degrees 3.0 degrees F. at all times, as per A.S.T.M. C-192. The room also shall be equipped to maintain a relative humidity of 95 percent plus in order that the specimens will be maintained in a moist condition in which free water is on the surface at all times. The test specimen shall not be exposed to a stream of running water.

   (2) The laboratory shall have equipment for determining relative humidity and temperature of the room and recording devices to monitor them.

   (3) The laboratory shall be equipped with a power operated testing machine with a variable speed control. It shall be of sufficient capacity and capable of applying load without shock at a rate of loading prescribed in § 4(b) of A.S.T.M. C-39.

   (4) The testing machine shall be equipped with two steel bearing blocks with hardened faces, one of which is a spherically seated block that normally will bear on the upper surfaces of the specimen and the other a plain rigid block on which the specimen will rest. The bearing faces of these blocks used for compression testing of concrete shall have a Rockwell hardness of not less than 55 HRC. The bearing faces shall be at least as large and preferably slightly larger than the surface of the specimen to which the load is applied. The bearing faces when new shall not depart from a plan by more than 0.0005-inch at any point and they shall be maintained within a permissible variation limit of 0.001-inch. The movable portion of the spherically seated block shall be designed so that the bearing face can be rotated freely and tilted through small angles in any direction.

   (5) The machine, if hydraulic, shall be equipped with a dial gauge having a sufficient diameter to allow the increments of load to be read within plus or minus 1/2 percent of the load being applied.

   (6) The machine shall show a certificate of calibration or verification within the time limits set by requirements of A.S.T.M. E-4. If any major repairs have been made on the testing machines, the machine shall be re-calibrated.

  1. Equipment. The laboratory shall provide and maintain in proper working condition the following equipment as a minimum requirement:

   (1) Necessary for concrete mix designs:

      (i) Concrete mixer

         (A) 1 1/2 cubic foot capacity

         (B) 3 1/2 cubic foot total drum volume

      (ii) Slump cone 8-inches in diameter at the base and 4-inches at the top of a height of 12-inches and conforming to A.S.T.M. C143.

      (iii) A tamping rod consisting of a round, straight steel rod 5/8-inch in diameter.

      (iv) Cylindrical metal measures of 1/2 cubic foot and a cubic foot capacity conforming to the requirements of A.S.T.M. C138.

      (v) A sturdy, flat plate about 15-inches square for striking off the concrete in the measure.

      (vi) Appropriate air meter.

      (vii) Necessary scoops, wood floats, trowels.

      (viii) A balance or scale sensitive to 0.1 pound, having a capacity of not less than 100 pounds.

   (2) Necessary equipment for preparation of concrete test cylinders:

      (i) For compression tests:

         (A) Capping plates for cement or plaster caps. Plate glass at least 1/4-inch thick, or machined metal plates at least 1/2-inch thick or polished stone plates of suitable materials, such as granite or diabase and at least 3-inches thick. A capping plate shall be at least l-inch greater in diameter than the specimen.

         (B) Capping plates for use with mixtures of sulphur and granular materials, or similar materials and dimensions, recessed to retain the molten mixture.

         (C) The surface of any capping plate shall not depart from a plane by more than .002-inch in the diameter of the specimen.

         (D) Straight edge and feeler gauges to check planeness of capping plates and caps.

         (E) Calipers and rule for checking size of cylinders.

         (F) Controlled temperature melting pot if sulphur mixtures are to be used. Mixing pans, scoops, spoons, trowels, spatulas, etc., if cement or plaster caps, are to be used.

         (G) Appropriate grinding equipment may be substituted for the capping equipment.

      (ii) Materials required:

         (A) For cement or plaster caps, any of the following:               Type I Portland Cement               High Alumina Cement (Lumnite)               Type III Portland Cement               High strength gypsum plasters such as:               Hydrostone and Hydrocal White (Note: Plaster of Paris is not satisfactory).

         (B) For sulphur caps either of the following: Laboratory prepared mixtures of sulphur and granular materials. Proprietary mixtures such as: Vitroband, Leadite, Cylcap, etc. (Note: See A.S.T.M. C1982 for limitations of various type caps).

   (3) Necessary for analysis of fine and coarse aggregates:

      (i) Square or round mesh sieves, Pan Nos. 200, 100, 50, 30, 16, 8, 4, 1/4-inch, 3/8-inch, 1/2-inch, 3/4-inch, 1-inch, 1 1/2-inches, 2-inches, 3-inches, 3 1/2-inches, No. 12.

      (ii) Sieve shaking equipment.

      (iii) Scales:

         (A) Gram scale sensitive to at least 0.1 gram.

         (B) Gram scale with at least 5,000 gram capacity and sensitive to 1 gram.

         (C) Pound scale sensitive to 1/4-ounce.

         (D) Steel brush to brush sieves.

         (E) Oven-heat continuously between 221 degrees and 230 degrees F.

         (F) Containers for holding solutions.

         (G) Perforated containers for immersing aggregates in solutions - wire baskets.

         (H) Calibrated Volumetric (milliliters) graduate, 500 milliliters capacity.

         (I) Conical metal mold 1 1/2-inches diameter at top, 3 1/2-inches diameter at bottom, 2 7/8-inches high.

         (J) Tamping rod - 12-ounces, having a flat circular tamping face l-inch in diameter.

         (K) Tamping rod - 5/8-inch diameter, 24-inches length.

         (L) Cubic foot cylindrical measure either 1/2 cubic foot, 1/4 cubic foot, 1/3 cubic foot, 1/10 cubic foot or 1 cubic foot.

         (M) 500 milliliters flask.

         (N) Thermometer - heats over 100 degrees C.

   (4) Necessary for field testing and inspection:

      (i) Thermometer, 0 degrees - 200 degrees F.

      (ii) Scale, 100 lbs. capacity.

      (iii) 6-inch round by 12-inch long container.

      (iv) Slump cone and 5/8-inch by 24-inch rod.

      (v) Air meter.

      (vi) Rule, 12-inches.

  1. Cement testing.

   (1) Introduction. Cement testing shall be done in laboratories equipped to make the basic tests required for evaluating cement.

   (2) Division into physical and chemical tests. These tests are divided into two parts, physical and chemical and all physical test specimens shall be prepared in a room or area where the temperature is controlled within the limits of 20 to 27.5 degrees C. and the humidity at not less than 50 percent.

   (3) Physical test equipment:

      (i) Analytical balance complete with calibrated weights.

      (ii) Scale of 2,000 gram capacity accurate to 0.1 percent.

      (iii) Wagner Turbidimeter or Blaine permeability apparatus calibrated with standard cement from the Bureau of Standards.

      (iv) One 325 mesh sieve as well as 100, 50, 30 and 16 mesh sizes.

      (v) Electrically driven mixer bowl and paddle.

      (vi) Flow table and flow mould.

      (vii) Trowel and tamper for cubes.

      (viii) Cube moulds and sealing compound.

      (ix) Autoclave, moulds and comparator with steel reference bar.

      (x) Vicat apparatus and moulds.

      (xi) Gilimore needles and glass plates for samples.

      (xii) LeChatelier flask.

      (xiii) Supply of graded Ottawa Sand.

      (xiv) Glass graduates of 100, 150 and 200 ml. capacity.

      (xv) Cylindrical measure of 400 ml.

      (xvi) Straight edge and spatula.

      (xvii) Calibrated testing machine of not less than 30,000 lbs., capacity equipped with spherically seated upper steel block of not more than 31/2 diameter.

   (4) A.S.T.M. standard tests for cements. Standard tests for cements as required by A.S.T.M. are as follows:

         Fineness         Soundness         Time of setting         Air content of mortar         Compressive tests of 2-inch by 2-inch cubes.

   (5) Chemical composition of cement:

      (i) The laboratory shall be equipped with an analytical balance and standard weights, platinum and porcelain crucibles, curettes, pipettes, etc.

      (ii) Distilled water and all reagents necessary for the determination of the oxides of silica, iron, aluminum, magnesium, sulphur, calcium, and insoluble residue by one of approved.

      (iii) All tests shall be performed in a room equipped with fume chamber, gas burners, working benches, by a qualified analytical chemist.

      (iv) Special tests such as the alkalies of sodium and potassium shall be made as outlined by the A.S.T.M.

§ 5-03 Approval of Prequalified Concrete Mixes.

(a) Source of concrete mixes. Concrete proportioned according to prequalified mixes shall be produced only from batch plants, approved by the Commissioner pursuant to rules and regulations of the department.
  1. Mix designs not previously accepted. Each concrete producer or group of producers seeking approval of mix designs that have not been previously accepted by the Department shall file an application with the M.E.A. Division, Department of Buildings at the address provided in the City’s website, http://www.nyc.gov, and shall furnish the following:

   (1) A compilation of the proposed mix designs listing the batch weights, types of aggregates and other ingredients together with a numbering system that will provide identification of each mix for testing and recording purposes. Each compilation shall contain a title sheet upon which a master list of all the mixes shall be designated. Opposite each mix a space shall be provided for the signature of the examiner and the date of the approval of that particular mix. When a mix has been approved for use as a “PREQUALIFIED MIX,” the examiner shall affix his signature and the date in the space provided, and then he shall affix the approval stamp of the Commissioner of Buildings.

   (2) For each mix utilizing a different combination of aggregates, admixtures, cement type, water-cement ratio, etc., a report of preliminary trials made by a testing laboratory licensed under § 26-200 together with an attestation by the Architect or Engineer who supervised the making of the preliminary tests. The laboratory report shall include the following information:

      (i) Fine and coarse aggregate.

         Type (natural or manufactured sand, gravel, stone, etc.).         Weight per. cu. ft. dry rodded.         Specific gravity.         Percentage of voids.         Percentage of absorption.         Fineness modulus (see ASTM Definitions C125).         Gradation and comparison to ASTM C-33; also size of coarse aggregate.

      (ii) Cement-type.

      (iii) Batch weights.

      (iv) Admixtures-type and amount.

      (v) Test results of each particular mix design being submitted for approval. Separate tests shall be made for each compressive strength.

      (vi) Attestation of the Architect or Engineer engaged by the producer or producers to supervise the tests.

      (vii) Board of Standards and Appeals Cal. No. for items requiring Board approval, such as lightweight aggregate admixtures, etc.

      (viii) Such other information required by §§ 27-605(a)(1), (2) and (3).

   (3) Each concrete producer or group of producers that submits for approval the information required hereabove, shall be assigned an application number which is to be known as the “PREQUALIFIED MIX REFERENCE NUMBER.” This REFERENCE NUMBER shall be valid only for the calendar year for which it is issued. All applications shall be submitted before November 1 of each year for review and for prequalification for the calendar year next following. When the concrete proposed for use is to be produced using the mix designs from a summary compilation that has been approved, the architect or engineer who has been retained to make or supervise the Controlled Inspection shall verify that the mixes have been approved as “PREQUALIFIED MIXES” and shall file a statement for each project setting forth the PREQUALIFIED MIX REFERENCE NUMBER from which the concrete mix proportions are to be selected.

  1. Mix designs previously approved and used.

   (1) Each concrete producer making an application shall be assigned a PREQUALIFIED MIX REFERENCE NUMBER in the same manner as designated in 1 RCNY § 5-03(b)(3).

   (2) The application shall set forth the details of location, date and laboratory that pertained to the previous project. It also shall include a statement setting forth the average strength obtained from tests made at the job, together with a summary of the total number of tests made and, of those tests, how many fell below the specified strength.

   (3) A copy of the laboratory report that was originally accepted shall be submitted. It shall contain the information listed under 1 RCNY § 5-03(b)(2). (Reports with the water-cement ratios selected at a point on the curve established by preliminary mix tests corresponding to a strength of concrete 15% higher than the minimum ultimate strength called for on the plans shall not be accepted, unless the water-cement ratio complying with § 27-605(a)(2) can be determined.)

   (4) The Architect or Engineer retained for the Controlled Inspection shall file a statement similar to the one mentioned in 1 RCNY § 5-03(b)(3).

§ 5-04 Approval of Concrete Production Facilities.

(a) The scope of these rules relating to facilities for the production of concrete under Article 5 of Subchapter 10 of Chapter 1 of Title 27 of the Administrative Code shall be applicable to batch plant installations of either a permanent or temporary nature, located on or off the site of construction.
  1. Application for approval of a batch plant shall be made on behalf of the owner by an engineer on department forms filed with the Commissioner of Buildings at the address provided in the City’s website, http://www.nyc.gov. No off-site batch plants will be acceptable unless the legal use of the premises as a batch plant has been previously approved by either the Department of Buildings or the Department of Small Business Services.
  2. The concrete producer shall supply a list of all plant equipment to be used in the batching of concrete on forms furnished by the department.
  3. The concrete producer shall engage a Licensed Professional Engineer, not in his regular employ, to inspect the batching facilities. This inspection shall be made at the cost and expense of the concrete producer seeking plant approval. A copy of the verification of the inspection shall be submitted with the application for plant approval on forms furnished by the department.
  4. The applicant shall follow inspection procedures and complete the check list on forms furnished by the department which shall accompany the application for plant approval.
  5. The concrete producer shall promptly correct any objection made by the department which in its judgment it deems may adversely affect the quality of the concrete being placed. Should the department find any objection because of the producer’s failure to meet the necessary standards for plant approval, corrections shall be made within 30 working days after the receipt, by the producer, of a written notice from the department.
  6. Approval of plant facilities shall be fully rreviewed every two years upon a renewal submission for approval by the concrete producer provided the plant is not relocated during the two-year period.
  7. If a concrete plant is relocated from the location as filed on the original application form after initial approval is received, a new submission shall be required.
  8. During the two-year approval period, if any equipment is changed, added to, modified or moved within the same premises as originally filed, notification will be sent to the Commissioner of Buildings, Materials and Equipment Acceptance Division at the address provided in the City’s website, http://www.nyc.gov. Accompanying said notification shall be an amendment to the application verified by an affidavit from a professional engineer not in the regular employ of the concrete producer stating that the modification meets all requirements of the check list.
  9. The concrete producer shall be required to produce concrete in accordance with all applicable provisions of the Building Code and all pertinent reference standards referred to therein.
  10. The concrete producer shall be required to submit attestations and certifications specified in §§ 27-605 and 27-606 promptly for the appropriate type of concrete for each construction project. Where automated batching equipment is used, the tapes recording the batched weights shall be available for inspection for a period of two years.
  11. Concrete produced for the construction of buildings subject to controlled inspection of concrete shall not be batched and delivered to the construction site unless a person designated for batch plant inspection is present at the plant. However, it shall be permissible to deliver the concrete in the absence of the person designated for inspection when there are extenuating circumstances, provided the design architect or engineer and the architect or engineer designated for control inspections are notified promptly by phone with a follow-up letter. The follow-up letter shall indicate the circumstances under which the uninspected concrete was shipped and shall supply all necessary facts such as the times and dates and volume of concrete batched and delivered, the design strength and mix proportions, and the application number, location, and contractor that the concrete is being delivered to. Similarly, the appropriate Borough Superintendent’s office is to be promptly notified by phone with a follow-up letter together with copies of the other required notification letters.
  12. Approval shall be for a period of two years. However, temporary approval of batch plants may be authorized at the discretion of the Commissioner for a period of ninety days, provided an application for approval with necessary information furnished on appropriate forms is filed, and provided the application is otherwise acceptable in other respects. Temporary approvals may be renewed for additional ninety day periods at the discretion of the Commissioner.
  13. Concrete producers shall be required to permit complete plant inspections by department personnel periodically.
  14. A copy of the batch plant approval will be forwarded to the owner of each facility and shall be posted in a conspicuous place at the plant.
  15. A violation of any of these rules or the falsifying or misrepresentation of any fact in the application or in any report shall constitute cause for revocation or suspension of any approval by the Commissioner, after a hearing upon prior notice of at least ten calendar days. For temporary approvals, the falsifying or misrepresentation of any fact in the application or in any report shall be cause for immediate revocation of such temporary approval by the Commissioner. However, notwithstanding the foregoing, when the public safety may be imminently jeopardized, or when a false report has been made, the Commissioner shall have the power, pending a hearing and determination of charges, to forthwith suspend any approval for a period not exceeding five calendar days.

Chapter 6: Cranes [Repealed]

§ 6-01 Erection and Dismantling of Climber/Tower Cranes. [Repealed]

Chapter 8: Demolition [Repealed]

§ 8-01 Commencement of Demolition. [Repealed]

Chapter 9: Rigging Operations [Repealed]

§ 9-01 Supervisory Responsibilities of a Licensed Master or Special Rigger.

(See 1 RCNY § 104-20]

§ 9-02 Supervisory Responsibilities of a Licensed Master or Special Sign Hanger.

(See 1 RCNY § 104-21]

Chapter 10: Drums For Derrick Load and Boom Hoists

§ 10-01 Requirements.

Drums for derrick load and boom hoists shall be contained on the same bedframe operated independently by one or more engines. Each drum shall have a separate hand brake and clutch or power down mechanism in lieu of a clutch, as well as a positive dog on the drum and a dog on the brake pedal. The hoisting mechanism shall be in full view and under the control of a licensed hoisting machine operator at all times.

Chapter 11: Elevators, Escalators, Personnel Hoists and Moving Walks

§ 11-01 Rules for the Certification and Qualification of Private Elevator Inspection Agencies and for the Performance of Inspections and Filing of Inspection Reports for Elevators and Escalators by such Agencies. [Repealed]

*§ 11-02 Elevator and Escalator Violations Constituting a Condition Dangerous to Human Life and Safety.* ::
  1. Dangerous conditions. Any of the following elevator and escalator violations constitute a condition dangerous to human life and safety.

   (1) Elevator out-of-service when there is only one elevator in the building or building section.

   (2) Fireman service not functioning in premises.

   (3) Badly worn, defective, or damaged hoist cables and/or governors cables.

   (4) Defective hoistway doors.

   (5) Defective hoistway door interlocks.

   (6) Defective car door/gate.

   (7) Defective car door/gate switch.

   (8) Defective/missing vision panels.

   (9) Defective car safety devices.

   (10) Defective brake assembly.

   (11) Defective hoist machine.

   (12) Defective selector/assembly.

   (13) Missing top emergency covers.

   (14) Defective escalator fire shutters.

   (15) Defective escalator comb plates.

   (16) Defective escalator stop switch.

   (17) Excessive escalator skirt panel clearances.

   (18) Defective or non-functional safety switches.

   (19) Badly worn, defective, or damaged relays or controllers and/or selector.

   (20) Defective, badly worn, or damaged car safety device parts.

   (21) Defective car and/or counterweight buffers.

   (22) Any damaged, badly worn or defective equipment, which could result in elevator breakdown.

  1. Civil penalties. In the event any person fails to remove any of the violations listed in these rules, after having been served with a notice personally or by certified mail indicating that removal of such condition exists and requiring such removal or compliance unless the removal of such condition is prevented by a labor dispute or is the result of vandalism beyond the control of the owner, he shall be liable for civil penalty of not less than one hundred fifty dollars per day commencing on the date of the service of such notice and terminating on the date that such removal or compliance has been substantially completed in addition to other penalties set forth in law. When service of such notice is made by mail to the owner, civil penalties as herein provided shall commence five days from the date of such mailing.
  2. Discontinuance of action upon removal of violation. Where a notice requiring removal of a violation listed in these rules has been issued, liability shall cease and the corporation counsel, on request of the Commissioner, shall discontinue prosecution only if the removal or compliance so required has been completed or substantially completed within ten days after the service of such notice. The Commissioner shall, upon good cause shown, grant additional time for such removal or compliance. In addition, the civil penalties shall be tolled from the date the owner certifies under oath, a form prescribed by the Commissioner, that the removal of the violation has been substantially completed. If subsequent inspection by the department shows a failure to have removed the violation, the civil penalties shall be deemed to have accrued as of the first day notice of violation has been served.

§ 11-03 Cease Use Orders for Elevators, Personnel Hoists, Escalators and Moving Walks.

A cease use order should be issued for all elevators, personnel hoists, escalators, and moving walks pursuant to § 26-127 of the Administrative Code of the City of New York whenever an imminently hazardous condition exists. In addition, the device should be tagged as unsafe. This tag may not be removed without prior approval from the Department of Buildings. Such imminently hazardous conditions include but are not limited to:

  1. Elevator running with an open hoistway door or car gate/door.
  2. Elevator running with broken or non-functioning upper or lower final hoistway or machine limit switches.
  3. Hoistway or car door vision glass and grille guard missing.
  4. Unravelling or broken hoist, counterweight, governor or compensation cables.
  5. Missing hoistway door or car door gibs.
  6. Inoperable governor.
  7. Elevator running with non-functioning interlock.
  8. Emergency top exit cover missing (passenger elevator).
  9. Side emergency exit door open (passenger elevator).
  10. Emergency stop switch not working (automatic elevator, escalator or moving walk).
  11. Directional switch not working (escalator or moving walk).
  12. Other imminently hazardous conditions as observed by the inspector.

§ 11-04 Departmental Inspections of Elevators, Escalators and Other Devices. [;Expired];

If any of the provisions of these rules are found by a court of competent jurisdiction to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions that are expressly stated in the decision to be invalid or ineffective, and all other provisions of these rules shall continue to be separately and fully effective.

§ 11-05 Certification of Completion of Work After Issuance of Temporary Use Permit for an Elevator, Escalator, and Other Device, Except Amusement Devices, Listed in §§ 27-185(b) or 27-982 of the Administrative Code.

(a) Where the department has issued a temporary use permit pursuant to § 27-188 of the Administrative Code for an elevator, escalator or other device listed in § 27-185(b) and § 27-982 of the Code subject to the completion of alteration or installation work as specified by the department, a certified elevator inspection agency director, professional engineer or registered architect may certify to the department that such work has been completed in conformity with the requirements of Subchapter 18 of Chapter 1 of Title 27 and Reference Standard 18-1. The department shall issue an equipment use permit upon the satisfactory filing of such certification.
  1. This section shall not apply to amusement devices.

§ 11-06 Elevators, Escalators or Other Devices, Except Amusement Devices, Listed in § 27-185(b) or § 27-982 of the Administrative Code Renewal of Temporary Use Permits and Fees.

(a) Renewal of a temporary use permit for an elevator, escalator, or other device, except amusement devices, listed in § 27-185(b) or § 27-982 of the Administrative Code.

   (1) A temporary use permit issued pursuant to § 27-188 of the Administrative Code for an elevator, escalator or other device listed in § 27-185(b) or § 27-982 of the Code may be renewed subject to the following:

      (i) Each renewal application shall be submitted on forms furnished by the department not later than five business days prior to the expiration date of the temporary use permit;

      (ii) Such application shall state the reason for renewal and be accompanied by the required fee as set forth in subdivision (3) of this section; and

      (iii) Such application shall be submitted on behalf of the owner and signed by the owner or its authorized representative.

   (2) The commissioner will automatically renew a temporary use permit every thirty days for up to 120 days unless informed otherwise by the applicant. After 120 days, a renewal application must be filed and accompanied by the required fee.

   (3) The department may require a department inspection prior to the issuance of a renewal.

   (4) Each application for renewal shall be accompanied by a fee of $100 per device.

  1. Failure to keep or be prepared for scheduled appointment.

   (1) Scheduled appointments for the inspection or tests of an elevator, escalator or other device listed in § 27-185(b) and § 27-982 of the Code may be canceled provided that notice of cancellation is received by the department no later than 3 business days prior to the scheduled appointment.

   (2) Where a department inspector arrives at the site of a scheduled inspection or test and is unable to perform the scheduled inspection or witness the test because the owner or its authorized representative has failed to keep or is unprepared for the scheduled appointment, then the department shall impose a fee for the missed appointment in the amount of $200. The fee shall be due and payable within thirty days after the date of the missed appointment or prior to the scheduling of a new appointment, whichever is earlier.

  1. Pre-inspection clearance.

   (1) An owner or its authorized representative may request the department to perform a pre-inspection clearance of an elevator, escalator, or other device listed in § 27-185(b) and § 27-982 of the Administrative Code within five business days of the department’s receipt of such request and payment of the required fees set forth in subdivision (2) of this section. The department reserves the right to schedule the requested pre-inspection clearance during non-regular or off-peak hours.

   (2) A request for a pre-inspection clearance shall be accompanied by a non-refundable fee in the amount of $200 per device.

  1. This section shall not apply to amusement devices.

Chapter 15: Fire Protection

§ 15-01 Communication and Alarm Systems (“Mini-Class ‘E’ Systems”) for Certain Buildings Under 100 Feet in Height.

(a) Number of occupants. The subject subsection (27-972(h)) of the Building Code states that a communication and alarm system, acceptable to the Commissioner of Buildings, shall be provided in buildings classified in occupancy group E, less than 100 feet in height, occupied or arranged to be occupied for an occupant load of more than one hundred persons above or below the street floor or more than a total of five hundred persons in the entire building. The provisions regarding occupant load are to be interpreted to apply where one or more of the following prevail:

   (1) The sum of the occupants on all the floors below the street floor exceeds 100 persons; or

   (2) The sum of the occupants on all the floors above the street floor exceeds 100 persons; or

   (3) A total of more than 500 persons in the entire building including the street floor.

  1. Occupancy load. Occupant load shall be determined by the existing certificate of occupancy. In the absence of such certificate of occupancy, the occupant load shall be the greater of the actual number of occupants or on the basis of 1 person per 100 square feet net floor area. Net floor area shall be all space within the building exterior walls, excluding the following areas:

   (1) areas enclosing stairs.

   (2) public corridors.

   (3) elevators and shafts.

   (4) rest rooms.

   (5) storage rooms.

(For example, a net floor area of 10,100 square feet is capable of an occupancy of 101 persons.)

The communication and alarm system, acceptable to the Commissioner of Buildings, shall have the following capabilities and components:

  1. Capabilities and components.

   (1) Fire command station. A communications center, located in the lobby of the building on the entrance floor as part of the elevator control panel if such exists, or located in the immediate vicinity of the elevators if they exist, to provide:

      (i) Individual two-way voice communication from the fire command station to a fire warden station on each floor and to the regularly assigned location of the fire safety director, to consist of a telephone handset or approved speaker microphone system or other approved voice communication system. Initiation of a call from the fire command station shall sound a loud and distinctive sound or an audible device, selectively on the entire floor which is being called or at all floors throughout the building, through the use of a general all call button. This call shall be immediately answered by the fire wardens of the floors involved.

      (ii) Manual pull station located adjacent to the fire command station to transmit a fire alarm signal to the fire department via a central station of a franchised operating company.

      (iii) Annunciation of associated fire safety systems at the fire command station is optional; however, such annunciation shall not be connected to the mini-class “E” system.

      (iv) This system shall be a “supervised” system. A “supervised” system is one that is electrically monitored so that the occurrence of a single open or single ground fault condition of its wiring which prevents the required normal operation of the system or causes the failure of its primary (main) power supply source is indicated by a distinctive trouble signal.

   (2) Fire Warden Station. A station located on each floor within view of the passenger elevator lobby if such exists; however, when an elevator lobby does not exist, the station shall be located in the path of egress to an existing stairway. The fire warden station shall have two-way communication with the Fire Command Station and:

      (i) Shall consist of telephone handset or a speaker microphone system or other approved equivalent voice communication system.

      (ii) The initiation of a call from a fire warden shall cause a loud and distinctive sound at the Fire Command Station and at the Fire Safety Director’s Office, which call shall be immediately answered by the Fire Safety Director from the Fire Command Station.

   (3) Fire Safety Director’s Office. A station located within the building at the principal work location of the Fire Safety Director arranged the same as a warden’s station. There shall be a two-way voice communication system to the Fire Command Station. A two-way voice communication system described above shall also be provided at the mechanical control center should one exist.

   (4) General requirements.

      (i) The components of the system shall require New York City Department of Buildings Material Equipment Acceptance (“M.E.A.”) approval.

      (ii) A. SOURCES OF ELECTRICAL POWER Two sources of electrical power shall be provided as follows:

            1. The primary source shall be generated electric power not exceeding 277/480 volts, supplied by utility company power, or isolated plant.

            2. The secondary source shall be an emergency power system (as per Section 27-396 of the Building Code), an emergency generator and/or battery power.

            3. One source of power shall be connected to the system at all times. The primary and secondary power sources shall be so arranged and controlled by automatic transfer switches and/or circuitry that when the primary source of power fails, the secondary source will be connected automatically to the fire alarm signal system. Intermediary devices between the system supply and the source of power, other than fused disconnect switches, transformers, fused cutouts and automatic transfer switches, are prohibited. Such disconnect switches, cutouts, transformers and automatic transfer switches shall supply only the fire alarm system and other systems covered by this reference standard. When the utility company requires the installation of metering current transformers, the system supply shall be connected on the load side of the current transformers. All installations shall comply with the applicable sections of the New York City Electrical Code. The primary source of power and the secondary source (if said secondary source is an emergency power system or generator) shall each be provided with a means of disconnect from the fire alarm system. For buildings supplied at 120/208 volts, each disconnect shall consist of a fused cutout panel, utilizing cartridge fuses, with provision for interrupting the unfused neutral and all ungrounded conductors. The neutral shall be provided with a removable solid copper bar. The incoming service neutral shall be bonded to the metallic housing of the cutout panel on the line side of the removable bar. The fused cutout panel housing shall consist of a locked metallic cabinet with hinged door, painted fire department red, and permanently identified as to the system served. For buildings served at 265/460 volts, the primary and secondary service disconnects shall be fused disconnect switches (in lieu of fused cutout panels) in locked, red painted, permanently identified enclosures. The service voltage shall be transformed to 120/208 volts and a fused cutout panel provided within 5 feet of the transformer on the 120/208 volt side. The incoming supply connections shall comply with the New York City Electrical Code, and the fused cutout panel shall comply with the requirements specified herein before.

         B. PRIMARY POWER SOURCE The primary service to the fire alarm system shall be so arranged that the building source of supply can be disconnected without de-energizing the fire alarm supply. To accomplish this, the primary fire alarm supply shall be connected ahead of all building over current protection and/or switching devices.

         C. SECONDARY POWER SOURCE The secondary service to the fire alarm system shall be provided as follows:

            1. If the building has a required emergency power system, the secondary source shall be the emergency power system, regardless of whether the primary source is utility company power or an isolated plant.

            2. If the building has an emergency generator supplying power to any of the loads listed in Section 27-396.4 of the Building Code, the secondary source shall be the generator.

            3. For all other buildings, the secondary source shall be a battery supply provided in accordance with Reference Standard 17-5 for storage batteries. The battery shall be designed for 24-hour supervisory operation of the system, followed by 15 minutes of total system load.

      (iii) WIRING

         A. Power Conductors (Above 75 volts) shall be:

            1. Copper: THHN, THWN/THHN, TFFN, TFN, FEP, RHH, RHW-2, XHH, or XHHW minimum 600 volts; 90 C; for installation in rigid metallic conduit (RMC), intermediate metallic conduit (IMC) or electric metallic tubing (EMT).

            2. Cable type MI, M.E.A. approved for fire alarm service.

         B. Low Voltage Conductors (75 volts and less) shall be:

            1. Copper: THHN, THWN/THHN, TFFN, TFN, FEP, RHH, RHW, XHH, or XHHW minimum 600 volts; 90 C; for installation in rigid metallic conduit (RMC), intermediate metallic conduit (IMC) or electric metallic tubing (EMT).

            2. Minimum wire size No. 18 AWG.

            3. Multi-conductor cables run in raceways, or exposed as described hereinafter, shall meet the following additional requirements:

               (a) Type FPLP only; minimum insulation thickness 15 mils; minimum temperature 150 C; colored red.

               (b) Red colored jacket overall; minimum thickness 25 mils.

               (c) Cable printing as per UL 1424; must bear additional description “ALSO CLASSIFIED NYC CERT. FIRE ALARM CABLE” legible without removing jacket.

         C. Installation of Conductors and Raceway shall be in accordance with the following:

            1. Power conductors shall not be installed in common raceways with low voltage conductors.

            2. Comply with applicable requirements of New York City Electrical Code, except where requirements are exceeded by this Reference Standard.

            3. Conductors other than M.I. cable shall be run in raceway, except as specifically described below.

            4. Multi-conductor cables may be installed without raceway protection where cable is protected by building construction. Where not protected by building construction, cables shall be located 8 feet or more above the finished floor and not subject to physical tampering or hazard. Locations within eight feet of the finished floor that are deemed as “protected by building construction” shall include raised floors, shafts, telephone and communication equipment rooms and closets, and rooms used exclusively for fire alarm system equipment.

            5. All wiring within mechanical and elevator equipment rooms shall be run in raceways.

            6. Raceways run within 8 feet of finished floor in garage areas, loading docks, mechanical rooms, and elsewhere where subject to mechanical damage, shall be rigid galvanized steel conduit only.

            7. Where wiring is required to be run in raceway, install conductors in rigid metallic conduit (RMC), intermediate metallic conduit (IMC) or electric metallic tubing (EMT), except that multi-conductor cables may also be run in surface metal raceway. Conductors for other electrical systems shall not be installed in raceways containing REFERENCE STANDARD 17 conductors.

            8. Where allowed to be run without raceway protection, multi-conductor cables shall be installed as follows:

               (a) Cables shall not depend on ceiling media, pipes, ducts, conduits, or equipment for support; Cables must be supported independently from the building structure.

               (b) Cables must be secured by cable ties, straps or similar fittings, so designed and installed as not to damage the cable. Cables must be secured in place at intervals not exceeding 5’-0” on centers and within 12” of every associated cabinet, box or fitting.

            9. Installation of raceways, boxes and cabinets shall comply with the following general requirements:

               (a) Covers of boxes and cabinets shall be painted red and permanently identified as to their use.

               (b) Penetrations of fire-rated walls, floors or ceilings shall be fire stopped.

               (c) Within stairways, raceways within 8 feet of the floor shall not be installed so as to reduce or obstruct the stairway radius.

               (d) Raceways or cables shall not penetrate top of any equipment box or cabinet.

            10. All conduits supplying 120-volt power to the fire alarm control unit and/or to outlying control cabinets, shall contain a green insulated grounding conductor sized in accordance with the New York City Electrical Code (#10 AWG minimum). The grounding conductor shall be connected to the ground bus or other suitable grounding terminal in each box and cabinet in which it enters. At the fuse cutout panel supplying the fire alarm system, provide a grounding electrode conductor sized and installed in accordance with the New York City Electrical Code (#10 AWG minimum).

            11. For cabinets whose 120 volt supply is not derived from the main fire alarm system cutout panel, provide green insulated separate grounding electrode conductors, sized and installed as per New York City Electrical Code (#10 AWG minimum). In steel-framed buildings, a connection to local steel structure will be acceptable.

            12. Splices and terminations of wires and cables shall be as follows:

               (a) Permitted only in boxes or cabinets specifically approved for the purpose.

               (b) Utilize mechanical connections specifically approved by UL 486 A & C for the conductors, or if soldered, first joined so as to be mechanically and electrically secure prior to soldering and insulating. Temperature rating of completed splices shall equal or exceed the temperature rating of the highest rated conductor.

            13. Wiring for audible notification devices shall be arranged so that a loss of a portion of the wiring on a floor will not render more than 60% of the devices inoperative, and the devices shall be so connected to the circuitry (i.e. by means of alternate circuits) as to maintain at least partial audibility throughout the entire floor.

      (iv) The name and telephone number of the central office company shall be displayed at the manual pull station.

      (v) There shall be a Fire Safety Director on duty at all times that the premises is actually occupied by the number of persons specified in the opening paragraphs of these rules. The Director shall have a Certificate of Fitness issued by the New York City Fire Department.

      (vi) Applications shall be filed and permits obtained as required by departmental memoranda concerning fire alarm systems.

§ 15-02 Interior Fire Alarm and Signal System for Place of Assembly Used as a Cabaret and for Stages, Dressing Rooms, and Property Rooms.

(a) Number of occupants. Subdivisions 27-968(a)(10)(a) and (b) of the Building Code state that an interior fire alarm and signal system shall be provided in any room, place or space occupied or arranged to be occupied by 75 or more persons and in which either any musical entertainment, singing, dancing or other form of amusement is permitted in connection with the restaurant business or the business of directly or indirectly selling to the public food or drink, or where dancing is carried on and the public may gain admission, with or without payment of a fee, and food or beverages are sold, served, or dispensed, and any new or altered catering place as of April 4, 1979 having 300 or more persons. This does not apply to eating or drinking places which provide incidental musical entertainment, without dancing, either by mechanical devices, or by not more than three persons playing piano, organ, accordion or guitar or any stringed instrument or by not more than one singer accompanied by himself or a person playing piano, organ, accordion, guitar or any stringed instrument.
  1. Occupant load. The occupant load of a Place of Assembly shall be calculated by dividing the net floor area of the space by the appropriate figure in the following table:
Occupancy Net Floor Area Per Occupancy (Square Feet)
  1. Dance Floor
10
  1. Dining Spaces
12
  1. Standing Room (Audience) in all Places of Assembly
4
  1. Seating Area (Audience) in all Places of Assembly
 
    1. Fixed Seats
Designated Number of Seats or Occupants
    1. Movable Seats
10

~

  1. Capabilities and components.

   (1) Fire Alarm System: shall be closed circuit, “electrically supervised”, individually coded and connected to an approved franchise/central office alarm company. A “supervised” system is one that is electrically monitored so that the occurrence of a single open or single ground fault condition of its wiring which prevents the required normal operation of the system or causes the failure of its primary (main) power supply source is indicated by a distinctive trouble signal.

      (i) Manual fire alarm stations: shall be installed at each required natural path of egress from all levels from public assembly area.

      (ii) Fire alarm gongs: shall be installed to provide adequate audibility throughout the Public Assembly area and all areas occupied in conjunction with the area at all levels including dressing rooms, rest rooms, coat rooms, etc. “Audibility” shall be loud and distinct under maximum sound system operation unless 1 RCNY § 15-02(c)(2)(ii) is complied with.

      (iii) Sprinkler waterflow device: shall be installed to indicate flow of water in the sprinkler system and shall be made part of the interior Fire Alarm by interconnecting the waterflow device to the interior Fire Alarm so that actuation of the waterflow device shall sound a distinctive coded alarm via the fire alarm gongs.

   (2) General requirements.

      (i) The components of the system shall require New York City M.E.A. approval.

      (ii) A device may be installed to automatically turn off the sound system and psychedelic and special effects lighting when a manual fire alarm and/or sprinkler waterflow device is activated in all public assemblies that require an interior fire alarm and signal system.

      (iii) A. SOURCES OF ELECTRICAL POWER Two sources of electrical power shall be provided as follows:

            1. The primary source shall be generated electric power not exceeding 277/480 volts, supplied by utility company power, or isolated plant.

            2. The secondary source shall be an emergency power system (as per Section 27-396 of the Building Code), an emergency generator and/or battery power.

            3. One source of power shall be connected to the system at all times. The primary and secondary power sources shall be so arranged and controlled by automatic transfer switches and/or circuitry that when the primary source of power fails, the secondary source will be connected automatically to the fire alarm signal system. Intermediary devices between the system supply and the source of power, other than fused disconnect switches, transformers, fused cutouts and automatic transfer switches, are prohibited. Such disconnect switches, cutouts, transformers and automatic transfer switches shall supply only the fire alarm system and other systems covered by this reference standard. When the utility company requires the installation of metering current transformers, the system supply shall be connected on the load side of the current transformers. All installations shall comply with the applicable sections of the New York City Electrical Code. The primary source of power and the secondary source (if said secondary source is an emergency power system or generator) shall each be provided with a means of disconnect from the fire alarm system. For buildings supplied at 120/208 volts, each disconnect shall consist of a fused cutout panel, utilizing cartridge fuses, with provision for interrupting the unfused neutral and all ungrounded conductors. The neutral shall be provided with a removable solid copper bar. The incoming service neutral shall be bonded to the metallic housing of the cutout panel on the line side of the removable bar. The fused cutout panel housing shall consist of a locked metallic cabinet with hinged door, painted fire department red, and permanently identified as to the system served. For buildings served at 265/460 volts, the primary and secondary service disconnects shall be fused disconnect switches (in lieu of fused cutout panels) in locked, red painted, permanently identified enclosures. The service voltage shall be transformed to 120/208 volts and a fused cutout panel provided within 5 feet of the transformer on the 120/208 volt side. The incoming supply connections shall comply with the New York City Electrical Code, and the fused cutout panel shall comply with the requirements specified in this rule.

         B. PRIMARY POWER SOURCE

            1. The primary service to the fire alarm system shall be so arranged that the building source of supply can be disconnected without de-energizing the fire alarm supply. To accomplish this, the primary fire alarm supply shall be connected ahead of all building over current protection and/or switching devices.

            2. Partial systems such as strobe light control panels, partial fire alarm, automatic smoke/heat detection, and sprinkler alarm subsystems and/or other associated systems may be connected to an emergency supply riser panel via a tapped connection, and an identified, locked fused cutout box located within 5 feet of the tap. Where an emergency power system (E.P.S.) is provided in accordance with Section 27-396.4 of the Building Code, it shall be connected to the emergency supply riser. Where an E.P.S. is not available, the emergency supply riser shall be connected to a tap ahead of the service switch.

         C. SECONDARY POWER SOURCE The secondary service to the fire alarm system shall be provided as follows:

            1. If the building has a required emergency power system, the secondary source shall be the emergency power system, regardless of whether the primary source is utility company power or an isolated plant.

            2. If the building has an emergency generator supplying power to any of the loads listed in Section 27-396.4 of the Building Code, the secondary source shall be the generator.

            3. For all other buildings, the secondary source shall be a battery supply provided in accordance with Reference Standard 17-5 for storage batteries. The battery shall be designed for 24-hour supervisory operation of the system, followed by 15 minutes of total system load.

      (iv) WIRING

         A. Power Conductors (Above 75 volts) shall be:

            1. Copper: THHN, THWN/THHN, TFFN, TFN, FEP, RHH, RHW-2, XHH, or XHHW minimum 600 volts; 90 C; for installation in rigid metallic conduit (RMC), intermediate metallic conduit (IMC) or electric metallic tubing (EMT).

            2. Cable type MI, M.E.A. approved for fire alarm service.

         B. Low Voltage (75 volts and less) shall be:

            1. Copper: THHN, THWN/THHN, TFFN, TFN, FEP, RHH, RHW, XHH, or XHHW minimum 600 volts; 90 C; for installation in rigid metallic conduit (RMC), intermediate metallic conduit (IMC) or electric metallic tubing (EMT).

            2. Minimum wire size No. 18 AWG.

            3. Multi-conductor cables run in raceways, or exposed as described hereinafter, shall meet the following additional requirements:

               (a) Type FPLP only; minimum insulation thickness 15 mils; minimum temperature 150 C; colored red.

               (b) Red colored jacket overall; minimum thickness 25 mils.

               (c) Cable printing as per UL 1424; must bear additional description “ALSO CLASSIFIED NYC CERT. FIRE ALARM CABLE” legible without removing jacket.

         C. Installation of Conductors and Raceway shall be in accordance with the following:

            1. Power conductors shall not be installed in common raceways with low voltage conductors.

            2. Comply with applicable requirements of New York City Electrical Code, except where requirements are exceeded by this Reference Standard.

            3. Conductors other than M.I. cable shall be run in raceway, except as specifically described below.

            4. Multi-conductor cables may be installed without raceway protection where cable is protected by building construction. Where not protected by building construction, cables shall be located 8 feet or more above the finished floor and not subject to physical tampering or hazard. Locations within eight feet of the finished floor that are deemed as “protected by building construction” shall include raised floors, shafts, telephone and communication equipment rooms and closets, and rooms used exclusively for fire alarm system equipment.

            5. All wiring within mechanical and elevator equipment rooms shall be run in raceways.

            6. Raceways run within 8 feet of finished floor in garage areas, loading docks, mechanical rooms, and elsewhere where subject to mechanical damage, shall be rigid galvanized steel conduit only.

            7. Where wiring is required to be run in raceway, install conductors in rigid metallic conduit (RMC), intermediate metallic conduit (IMC) or electric metallic tubing (EMT), except that multi-conductor cables may also be run in surface metal raceway. Flexible metallic conduit, not exceeding 36” in length, shall be permitted for final connections to initiating and notification devices. Conductors for other electrical systems shall not be installed in raceways containing REFERENCE STANDARD 17 conductors.

            8. Where allowed to be run without raceway protection, multi-conductor cables shall be installed as follows:

               (a) Cables shall not depend on ceiling media, pipes, ducts, conduits, or equipment for support; Cables must be supported independently from the building structure.

               (b) Cables must be secured by cable ties, straps or similar fittings, so designed and installed as not to damage the cable. Cables must be secured in place at intervals not exceeding 5’-0” on centers and within 12” of every associated cabinet, box or fitting.

            9. Installation of raceways, boxes and cabinets shall comply with the following general requirements:

               (a) Covers of boxes and cabinets shall be painted red and permanently identified as to their use.

               (b) Penetrations of fire-rated walls, floors or ceilings shall be fire stopped.

               (c) Within stairways, raceways within 8 feet of the floor shall not be installed so as to reduce or obstruct the stairway radius.

               (d) Raceways or cables shall not penetrate top of any equipment box or cabinet.

            10. All conduits supplying 120-volt power to the fire alarm control unit and/or to outlying control cabinets, shall contain a green insulated grounding conductor sized in accordance with the New York City Electrical Code (#10 AWG minimum). The grounding conductor shall be connected to the ground bus or other suitable grounding terminal in each box and cabinet in which it enters. At the fuse cutout panel supplying the fire alarm system, provide a grounding electrode conductor sized and installed in accordance with the New York City Electrical Code (#10 AWG minimum).

            11. For cabinets whose 120 volt supply is not derived from the main fire alarm system cutout panel, provide green insulated separate grounding electrode conductors, sized and installed as per New York City Electrical Code (#10 AWG minimum). In steel-framed buildings, a connection to local steel structure will be acceptable.

            12. Splices and terminations of wires and cables shall be as follows:

               (a) Permitted only in boxes or cabinets specifically approved for the purpose.

               (b) Utilize mechanical connections specifically approved by UL 486 A & C for the conductors, or if soldered, first joined so as to be mechanically and electrically secure prior to soldering and insulating. Temperature rating of completed splices shall equal or exceed the temperature rating of the highest rated conductor.

            13. Wiring for audible and visual alarm notification devices shall be arranged so that a loss of a portion of the wiring on a floor will not render more than 60% of the devices of each type inoperative, and the devices shall be so connected to the circuitry (i.e. by means of alternate circuits) as to maintain at least partial audibility/visibility throughout the entire floor.

      (v) The equipment shall be colored RED and enclosed in suitable housing permanently fastened to the structure at the appropriate locations. A diagonal white stripe one inch wide from upper left corner to lower right corner shall be painted or applied to sending stations. The stripe shall not render any lettering illegible or obliterate the station number.

      (vi) The name and telephone number of the central office company shall be displayed at all manual pull stations and at all central office transmitters.

      (vii) There shall be a fire guard on duty at all times that the Place of Assembly is open and functioning as a cabaret. The fire guard shall have a Certificate of Fitness issued by the New York City Fire Department.

      (viii) Emergency Lighting and Sprinkler Systems shall be installed and maintained as required by law.

      (ix) A Fire Alarm System in a Place of Assembly subject to this rule in a high rise (Class E) office building shall interface with a Fire Alarm and Communication System required by Local Law No. 5/1973.

      (x) Applications shall be filed and permits obtained as required by Departmental Memorandum.

§ 15-03 Extension of Time to Complete Installations for Buildings in Occupancy Group E Over 100 Feet in Height. [Repealed]

(a) Definition. Existing J-1 Residential Hotel. An existing J-1 residential hotel is defined as a single room occupancy multiple dwelling, in which at least seventy-five (75) percent or more of the total number of occupied individual dwelling units:

   (1) have had no more than two (2) separate tenancies for at least three (3) years preceding the date on which the application for residential hotel status is made or, preceding the date of submission of an annual certification as set forth below or

   (2) have been used by a religious not-for-profit organization as a residency for its members who maintain residency for at least one (1) year and have no more than two (2) separate tenancies for at least one (1) year preceding the date on which the application for residential hotel status is made, provided that a fire safety plan for fire drill and evacuation procedures in accordance with the requirements of the Fire Commissioner shall be submitted to the Fire Department and the approval of the Fire Commissioner shall be obtained.

  1. Details of exemptions. This section shall exempt owners of existing “residential hotels,” as that term is defined in 1 RCNY § 15-04(a), from J-l fire safety special filing requirements of §§ 27-382(b), 27-384(b), 27-954(w), 27-989(b), 27-996.2(a)(2) of Article 26 of Subchapter 1 of Chapter 1 of Title 27 of the Administrative (Building) Code as enacted by Local Law 16 of 1984, effective March 17, 1984, as well as installation requirements set forth in the following sections:

   (1) § 27-382(b) Power source – Exit lights.

   (2) § 27-384(b) Power source – Exit signs.

   (3) § 27-954(w) Required sprinklers.

   (4) § 27-989(b) Elevator in readiness.

   (5) § 27-996.2(a)(2) Firemen service operation in existing elevators.

  1. Certification.

   (1) The certification of residential hotel status may be obtained only by the filing of an alteration application for residential hotel certification. Such application shall contain the supporting documentation required in 1 RCNY § 15-04(d) below. Certification of residential hotel status as defined in 1 RCNY § 15-03(a) above shall be issued by the borough superintendent. Certification shall be valid for a period of one (1) year from the date of initial certification. Thereafter, the owner of the residential hotel shall engage a registered architect or licensed professional engineer to certify annually through the filing of a building notice application that the residential hotel is in compliance with the requirements of 1 RCNY § 15-03(a) above.

   (2) Owners of residential hotels shall keep a copy of their residential hotel certification on site at the hotel. Failure to timely renew a hotel’s residential certification may result in the issuance of violations for the hotel’s failure to comply with the requirements of Local Law 16 of 1984 and Local Law 16 of 1987 for a J-l occupancy.

  1. Supporting documentation. The following documentation shall be furnished by the owner in support of his or her application for certification of residential hotel status:

   (1) Certificate of Occupancy or, if unavailable;

   (2) Occupancy and Arrangement Card from the Department of Housing Preservation and Development and Department of Housing Preservation and Development Computer Printout;

   (3) List all rooms occupied by tenants who have resided at the premises for six months or longer or who are in occupancy pursuant to a lease of six months or longer, together with the name of the tenant in each of the aforementioned rooms and copies of any and all existing leases for the period stated in 1 RCNY § 15-03(a) of this section; and

   (4) For each dwelling unit in the premises subject to rent control or hotel stabilization, copies of the annual registration statement filed with the New York State Division of Housing and Community Renewal; and

   (5) Copies of any relevant documents filed by the owner with the Hotel Stabilization Association; and

   (6) Any other documentation deemed relevant by the borough superintendent, in his or her discretion.

  1. Determination of J-2 Dormitory.

   (1) A building owner may contend that his/her building is a dormitory and therefore as a J-2 occupancy need only provide stair and elevator signs, and if a high-rise building also remove locks on elevator and hoistway doors. To qualify as a dormitory, the building’s current Certificate of Occupancy must indicate use as a dormitory. Where the Certificate of Occupancy indicates both dormitory and J-l occupancy, those portions which are J-l must comply with LL 16/84 requirements for J-1 occupancies.

   (2) When an owner seeks to amend his building’s Certificate to provide for dormitory occupancy, he must submit an affidavit stating he will use the dormitory space only for sleeping accommodations of individuals on a month-to-month or longer-term basis (Adm. Code § 27-265) and that the dormitory will be owned and operated by either a not-for-profit corporation or a school. Such amended Certificates of Occupancy shall provide that the dormitory may only be owned or operated by either a not-for-profit corporation or a school.

§ 15-05 Filing and Approval of a Fire Safety Plan for Buildings Containing Transient Occupants Such as Hotels and Motels.

(a) Number of occupants. These rules and regulations shall apply to buildings or parts thereof classified in Article 11 of Subchapter 3 of Chapter 1 to Title 27 of the Administrative Code of the City of New York as occupancy group J-l, J-2 occupied or arranged to be occupied in whole or part by a transient occupancy. For the purpose of these rules and regulations, buildings or parts thereof which contain a total of more than 30 sleeping rooms or can accommodate a total of more than 30 lodgers, or contains more than 15 sleeping rooms or can accommodate more than 15 lodgers above the first or ground story, used for living or sleeping purposes by the same person or persons for a period of ninety days or less shall be considered as being occupied by a transient occupancy. Such buildings shall include but are not limited to buildings occupied as hotels, motels, lodging houses, dormitories and single room occupancies. All such buildings occupied or arranged to be occupied in whole or part by a transient occupancy, regardless of the number of sleeping rooms or accommodations, over 75 feet in height, shall comply with these rules and regulations. The owner or other person having charge of such building shall file a Fire Safety Plan with the Fire Department indicating compliance with 1 RCNY § 15-05(b) within 30 days after the effective date of these rules and regulations. The owner or other person shall resubmit the revised Fire Safety Plan for approval within 30 days after receiving comments from the Fire Department. Upon approval, the Fire Safety Plan shall be immediately put into effect. The owner or other person having charge of such building shall comply with 1 RCNY §§ 15-05(c)(1) to 15-04(c)(5) within 30 days of the effective date of these rules and regulations.
  1. Details of fire safety plan.

   (1) A fire safety plan for fire drill and evacuation procedures in accordance with the requirements of the Fire Commissioner shall be submitted to the Fire Department and the approval of the Fire Commissioner shall be obtained. The applicable parts of the fire safety plan shall be distributed to the building service employees. All employees of the building shall participate and cooperate in carrying out the provisions of the fire safety plan.

   (2) Fire safety director and deputy fire safety director.

      (i) One employee shall be designated as fire safety director and a sufficient number of employees shall be designated as deputy fire safety directors. Such employees shall have a knowledge of the building’s fire protection systems and shall have a certificate of fitness, in accordance with the requirements of the Fire Commissioner, qualifying him to conduct fire drills, evacuations and related activities such as organizing, training and supervising a fire brigade when required. In the absence of a fire safety director, when a fire safety director is required to be on duty in the building, such deputy ffire safety director shall act as fire safety director.

      (ii) As the building is continuously occupied, there shall be a fire safety director continuously on duty in the building with the required certificate of fitness. During fire emergencies, the primary responsibility of the fire safety director shall be the manning of the fire command post and the direction and execution of the evacuation as provided in the fire safety plan and to assist the Fire Department with his knowledge of the building’s fire protection systems. Such activities shall be subject to the Fire Department control.

   (3) If sufficient personnel are available, as determined by the Fire Department, a fire brigade shall be organized.

   (4) Fire drills shall be conducted, in accordance with the fire safety plan, at least once every three months on each shift. A written record of such drills shall be kept on the premises for a three year period and shall be readily available for inspection by the Fire Department.

   (5) In buildings where compliance would cause practical difficulty or undue hardship, the Fire Commissioner may waive or modify the requirements of this subdivision and accept alternatives fulfilling the intent of these requirements consistent with public safety.

  1. Signage.

   (1) Elevator landings. A sign shall be posted and maintained on every floor at the elevator landing. The sign shall read “IN CASE OF FIRE, USE STAIRS UNLESS OTHERWISE INSTRUCTED.” The lettering shall be at least one-half inch block letters and of contrasting color from the background or as otherwise approved by the Commissioner of Buildings. Such lettering shall be properly spaced to provide good legibility. The sign shall also contain a diagram showing the location where it is posted and the location and letter identification of the stairs on the floor. The sign shall be at least eight inches by ten inches, located directly above a call button and securely attached to the wall or partition. The top of such sign shall not be above six feet from the floor level. The diagram on such sign may be omitted provided that signs containing such diagram are posted in conspicuous places on the respective floor. In such case, the sign at the elevator landing shall be at least two and one-half inches by ten inches and the diagram signs shall be at least eight inches by ten inches.

   (2) Floor numbering. A sign shall be posted and maintained with each stair enclosure on every floor, indicating the number of the floor. The numerals and background shall be in contrasting colors. The sign shall be securely attached to the stair side of the door.

   (3) Stairs and elevators. Each stair and each bank of elevators shall be identified by an alphabetic letter. A sign indicating the letter of identification for the elevator bank shall be posted and maintained at each elevator landing directly above or as part of the sign specified in 1 RCNY § 15-05(c)(1). The stair identification sign shall be posted and maintained on the occupancy side of the stair door. The letter on the sign shall be at least three inches high, of bold type and of contrasting color from the background. Such signs shall be securely attached.

   (4) Sign material. Signs shall be of metal or other durable material.

   (5) Placing, size and content of signs. A sign shall be posted and maintained on the inside of every door opening onto a public corridor giving access to a sleeping room. The sign shall contain a diagram showing the location where it is posted and the location and letter identification of the exit stairs on the floor. The diagram shall indicate the number of doors opening onto the public corridor which must be passed to reach each exit stair. The sign shall be at least eight inches by ten inches, located on the inside of the door and securely attached thereto. The top of such signs shall not be above six feet from the floor level. These signs are in addition to the signs required in 1 RCNY § 15-05(c)(1). These signs may contain such additional information as the Fire Department may require.

   (6) Additional sign requirements. When floors or parts of floors are used as accessory to a J-l and J-2 transient occupancy, “Elevator Landings” 1 RCNY § 15-05(c)(1), “Floor Numbering” 1 RCNY § 15-05(c)(2) and “Stairs and Elevators” 1 RCNY § 15-05(c)(3) shall be required.

§ 15-06 Design of Composite Construction with Metal Decks or Lightweight Concrete.

(a) Metal deck construction is to be approved strictly in accordance with Board of Standards and Appeals or MEA approval in all respects, with no interchangeability or equivalent materials authorized except as noted in these rules.
  1. When metal decks have been approved for use where a fire resistive floor or roof is required, equivalent materials may be authorized or interchanged for any of the components of the assembly by borough superintendents pursuant to § 27-107 of the Administrative Code based on

   (1) Similar full scale tests conforming with A.S.T.M. E119-1988; or,

   (2) A combination of small scale and/or half scale tests and engineering evaluation acceptable to the commissioner in conjunction with evaluation of full scale tests conforming with ASTM E119-1988 for a variety of assemblies of combination of materials, or

   (3) A combination of small scale, half scale or full size tests representative of the actual fire exposure of the occupancy and engineering evaluations, all acceptable to the commissioner.

  1. When metal decks have been approved for use where a fire resistive floor or roof is required without any fire protection below the metal deck, they shall not be authorized in connection with composite beam design unless the approval specifies that the decks have been tested in accordance with both floor and beam requirements; or, alternatively, fire protection is applied below the metal deck having the same thickness as that applied to the beam, for that width of slab acting as part of the composite beam, except that no such fire protection need be applied below the metal deck when the floor or roof slab and deck have a fire resistive rating at least equal to that of the supporting beams, ef’c of the concrete fill-in is equal to or greater than 3,000 p.s.i.
  2. Where the structural design is in accordance with load tests referred to in a board approval, the load carrying capacity can be accepted provided that design criteria for all structural elements are specified in the resolution of the board. Where the approval of the board simply makes general reference to other criteria, the following structural guidelines are to be adhered to, with respect to composite construction:

   (1) Concrete in the ribs of metal decks is to be completely excluded in flexural computations, in the composite T-beam design. However, it may be included for bond calculations (which is to be based on allowable stresses of 20 p.s.i.) as well as shear stresses for slab action exclusively.

   (2) Slab designs shall be required to comply with all applicable requirements of Reference Standards RS 10-3, and RS 10-5A with structural calculations submitted in all cases in regard to n ratios (see § 1102(b) of RS 10-3), fibre stresses, shear stresses, bond stresses, length-deep and/or deflection limitations, and shear connection loads.

   (3) The capacity of shear connectors in lightweight concrete shall only be rated at 80 percent of the values specified in Table 1.11.4 of Reference Standard RS 10-5 for normal weight aggregate. When metal decks with ribs not exceeding 1 and 1/2 inches in depth are used, the capacity of the shear connectors is to be further reduced by 15 percent, so as to have a total rated capacity of 65 percent of the values stated in Table 1.11.4 when lightweight concrete is used in composite construction with metal decks, and 85 percent when normal aggregate is used in such construction, unless prequalified load tests pursuant to § 27-599 warrant higher values. Shear connectors not listed in Table 1.11.4, or differing on length or size may not be used without specific Board approval for specific loads.

   (4) When metal decks having ribs exceeding 1 and 1/2 inches in height are employed with composite construction, prequalified load tests of the slab and beam, pursuant to § 27-599, shall be required before any approval is granted.

   (5) All welding or shear connectors shall be performed by licensed welders, except as otherwise authorized in an intradepartmental memorandum dated June 6, 1967.

§ 15-07 Fire-Retarding of Entrance Halls, Stair Halls and Public Halls in Old Law Tenements and Converted Dwellings.

(a) Intent. The fire-retarding rules herewith set forth are approved by the Department of Buildings for old law tenements and converted dwellings where their entrance halls, stair halls and public halls are required, by § 189, subdivisions 1 and 4, § 238, subdivision 4, and § 218, subdivisions 5 and 6, Multiple Dwelling Law, and by § 27-2044, Housing Maintenance Code, to be fire-retarded in a manner approved by the Department of Buildings.

   (1) All entrance halls, stair halls and public halls, including service halls and stairs, shall be fire-retarded to the extent required by the Multiple Dwelling Law and the Housing Maintenance Code.

   (2) It is the intent that all wood structural members of partitions, ceilings and stair soffits shall be completely protected with fire-retarding materials where they may be exposed to fire in entrance, stair and public halls. To this extent these rules and regulations cover only general conditions and are not designed to cover specific or special cases. Where such may occur the owner is required to consult the Department of Buildings and receive instructions before work is started.

   (3) Where existing dumbwaiter shafts are located in, or open on public halls which are required to be fire-retarded, such dumbwaiter shafts, when not constructed of fireproof or fire-retarding materials, shall be fire-retarded on the inner side, from the lowest story to the roof inclusive, in accordance with the requirements of 1 RCNY § 15-07(b)(1) or (b)(2), except in cellar where such shafts shall be enclosed with fireproof materials. All doors opening from such dumbwaiter shafts shall be self-closing, and doors and assemblies when of wood or other non-fireproof construction shall be lined on both sides with No. 26 U.S. gauge metal, except in cellar where doors and assemblies shall have a fire-resistive of at least one (1) hour.

   (4) It is not intended that these rules and regulations in themselves require plans to be filed. However, should any work involve structural changes, then plans are required to be filed in the Department of Buildings and such changes shall be subject to all other rules and regulations applicable thereto.

   (5) Work shall not commence until satisfactory evidence has been submitted to the Department of Buildings that compensation insurance has been obtained in accordance with the provisions of the Workmen’s Compensation Law. It is the intent of § 238, subdivision 4, Multiple Dwelling Law, that every entrance hall, public hall and stair hall in every old law tenement four stories or more in height shall be fire-retarded. Every old law tenement three stories and a basement, or three stories, basement and cellar in height shall be deemed to be four stories in height when the main entrance from the grade is to the basement, and every entrance hall, public hall and stair hall in such building shall be fire-retarded. In old law tenements where the entrance halls, public halls and stair halls are required to be fire-retarded, existing wood stairs shall be fire-retarded in conformity with the requirements of these rules and regulations, whether or not such halls had been fire-retarded in accordance with plans filed with and approved by the former Tenement House Department or Department of Buildings, prior to the enactment of subdivision 4 of § 238 of the Multiple Dwelling Law.

  1. Partitions. All existing partitions separating apartments from entrance halls, stair halls and public halls, or otherwise forming enclosing partitions of entrance halls, stair halls and public halls, shall be fire-retarded by any one of the following methods:

   (1) Metal lath and cement of gypsum mortar. Completely remove all existing materials to face of studs or other structural members on hall side of partitions and recover with metal lath and two coats of cement of gypsum mortar. If cement mortar is used it shall be three-quarters inch (3/4”) thick, if gypsum mortar is used it shall be one inch (1”) thick. The second coat of mortar shall not be applied until the first coat has thoroughly set and in no case shall the second coat be applied on the same day that the first coat of mortar is applied. In lieu of the above method, completely remove all combustible materials from plaster face of partitions on hall side and repair existing plaster. After inspection, cover existing plaster with herringbone or similar approved type metal lath with rigid rib reinforcement to provide good bond between new and existing plaster. Cover lath with two coats (scratch and brown) of cement of gypsum mortar as above. The first coat of cement mortar (scratch) shall be composed of one (1) part of Portland cement to one and one-half (1 1/2) parts of sand, with an additional volume of hydrated lime not greater than ten (10) percent of the volume of Portland cement. The second coat (brown) shall be composed of one (1) part of Portland cement to three parts (3) of sand, with an additional volume of hydrated lime not greater than ten (10) percent of the volume of Portland cement. The first coat (scratch) of gypsum mortar shall be composed of one (1) part of gypsum to one (1) part of sand. The second coat (brown) of gypsum mortar shall be composed of one (1) part of gypsum to one and one-half (1 1/2) parts of sand.

   (2) Plaster boards and gypsum mortar or stamped metal. Completely remove all existing materials to face of studs or other structural members on hall side of partitions and recover with plaster boards or perforated rock lath three-eighths inch (3/8”) thick, covered with two coats of gypsum mortar (scratch and brown) so that the aggregate thickness shall be at least one inch (1”), or in lieu thereof, recover same with plaster boards one-half inch (1/2”) thick, covered with No. 26 U.S. gauge stamped metal. In lieu of the above method, completely remove all combustible material from plaster face of partitions on hall side and repair existing plaster. After inspection, plaster boards or perforated rock lath may be applied directly over the existing plaster face of partitions on hall side. Cover plaster boards or perforated rock lath with two coats of gypsum mortar as above, or plaster boards may be covered with No. 26 U.S. gauge stamped metal.

   (3) Mineral wool. Fill solidly between partition uprights, from underside of flooring to ceiling with mineral wool blown in place by the pneumatic method, packed solidly to fill all spaces and voids.

   (4) Brick, gypsum, etc. Fill solidly between partition uprights from underside of flooring to ceiling with brick, gypsum, or other acceptable material packed solidly to fill all spaces and voids. Where brick, gypsum, or other masonry material is intended to be used, application must be filed before installation with the Department of Buildings for approval of strength of existing members intended to support the proposed masonry fire-retarding.

   (5) Other methods. No other method may be used unless same is acceptable to the Department of Housing and Buildings.

   (6) Removal of windows in public hall partitions. When windows in walls or partitions are removed, both sides of the openings shall be sealed with fire-retarding materials, except that wood lath and plaster may be used on the room side of the opening when the existing surface of the room is constructed of wood lath and plaster.

   (7) Electric meters. Where direct current (DC) electric meters of public utility companies are present or installed on partitions of public halls the fire-retarding shall continue unbroken behind the meters or the meters shall be mounted on a heavy slate back or non-magnetic fireproof equivalent, such as transite, asbestos board, etc., against which fire-retarding finished up tightly.

   (8) Partitions in Class B converted dwellings. Where fire retarding is required in any Class B converted dwelling referred to in 1 RCNY § 15-07(a)(7), both sides of all enclosure partitions of entrance halls, stair halls and public halls throughout such building shall be fire-retarded in accordance with the method set forth in 1 RCNY §§ 15-07(b)(1) or (b)(2) or said partitions shall be fire-retarded in accordance with the provisions of 1 RCNY §§ 15-07(b)(3) or (b)(4).

   (9) Partitions in altered old law tenements. In any old law tenement where the occupancy is increased on any story, the enclosing partitions of any entrance hall, stair hall or public hall on the story where the occupancy has been increased, shall be fire-retarded on both sides. Such requirements shall apply only to the walls of the entrance hall, stair hall or public hall adjoining the altered apartment. The enclosing partitions of such halls other than those adjoining the altered apartment and the partitions on any story where the occupancy has not been increased, shall be fire-retarded on the hall side. The method of fire-retarding shall be as set forth in 1 RCNY §§ 15-07(b)(1) or (b)(2), or said partitions shall be fire-retarded in accordance with the provisions of 1 RCNY §§ 15-07(b)(3) or (b)(4).

   (10) Newly constructed partitions. In any entrance hall, stair hall or public hall where any partition or part thereof is newly constructed, and where the plaster has been removed from any partition or part thereof, such partition shall be fire-retarded on both sides.

  1. Ceilings. Any approved method for fire-retarding partitions shall be aacceptable for fire-retarding ceilings, provided that all existing materials are completely removed to face of joists. Mineral wool, brick gypsum or other masonry fill will not be accepted.

   (1) Where any entrance hall, public hall or stair hall, or any portion thereof, in any part of any old law tenement of converted dwelling is required to be fire-retarded that portion of any ceiling directly underneath any such entrance hall, public hall or stair hall shall be fire-retarded. Where such ceiling is located in any store, apartment or other space it shall also be fire-retarded as required for partitions by 1 RCNY §§ 15-07(b)(1) or (b)(2). Where the above method is impractical due to the existing ceiling construction in any such store, apartment or other space, the Department of Buildings may permit the fire-retarding of such ceilings to be applied from above by removing the floor of any such entrance hall, public hall or stair hall and installing between the floor beams, and directly against the ceiling below, a layer of heavy building paper over which there shall be placed a basket made of reinforced ribbed expanded metal lath weighing at least 3.4 pounds per square yard. Such basket shall be lined with Portland cement or gypsum mortar not less than one inch (1”) in thickness. The building paper, metal lath and cement or gypsum mortar shall be carried at least halfway up on the sides of the beams. However, this method will not be accepted for the fire-retarding of any such ceiling located in a space used for a hazardous purpose or business, nor will it be accepted for the fire-retarding of any such ceiling located in the cellar or for the fire-retarding of any ceiling located in any store, apartment or other space when such ceiling is constructed of wood or of wood and metal applied directly to the beams. In such cases the ceilings shall be fire-retarded according to the requirements of 1 RCNY § 15-07(b)(1) or (b)(2).

  1. Existing wood stairs. Except where stairs of incombustible material are required in Class B converted dwellings as set forth in 1 RCNY § 15-07(a)(7), all wood railings, balustrades and newel posts shall be completely removed from every existing wood stairs and such stairs shall be provided with railings, balustrades and newel posts of metal or other hard incombustible material, of such size and secured in such manner to the existing stairs as may be approved by the Department of Buildings, except handrails may be of hardwood. Soffits and stringers of existing wood stairs shall be fire-retarded in accordance with the methods set forth in 1 RCNY §§ 15-07(e) or (f).
  2. Stair soffits. The soffits of every stair in every entrance hall, public hall, and stair hall, including any soffit extending beyond the enclosure partitions of any such hall, shall be fire-retarded. Any approved method for fire-retarding partitions shall be acceptable for fire-retarding stair soffits provided that all existing materials are completely removed to face of structural members of stair soffits.
  3. Fascia – stair and well. Fascia of outside stringer on rake of stairs, and well fascia at floor level, shall be fire-retarded their full depth to form complete seals with the soffits of stairs and ceilings of halls, respectively. Type of fire-retarding shall be one of those herein approved for ceilings of halls, or in lieu thereof, cover fascia with sheet asbestos not less than three-sixteenths inch (3/16”) thick with joints well pointed over which there shall be an additional single layer of No. 26 U.S. gauge stamped metal or cover fascia with a single layer of No. 14 U.S. gauge steel.
  4. Fire-stopping. All partitions required to be fire-retarded shall be fire-stopped with incombustible material at floors, ceilings and roofs. Fire-stopping over partitions shall extend from the ceilings to the underside of the flooring or roofing above. Fire-stopping under partitions shall extend from the underside of flooring to ceiling below. All spaces between floor joints (directly over and under partitions) shall be completely filled the full depth of the joists. Any space from top of partition to underside of roof boarding shall be completely fire-stopped. Fire-stopping shall be done with brick, cinder concrete, gypsum, metal lath and Portland cement or gypsum mortar, mineral wool, or other materials acceptable to the Department of Buildings.
  5. Door openings. Except as provided in 1 RCNY §§ 15-07(h)(1) and (h)(2), all door openings into any public hall, entrance hall or stair hall which is required to be fire-retarded shall be equipped with self-closing protective assemblies having a fire-resistive rating of at least one hour.

   (1) In old law tenements where the number of apartments is not being increased, existing wood doors opening into public halls, entrance halls or stair halls may remain provided such doors are made to be self-closing (“Butterfly” spring hinges are not acceptable) and, provided further, all glazed transoms and panels in every such door are glazed with wire glass. All such transoms shall be made stationary.

   (2) Where, in any old law tenement, the number of apartments is being increased on one or more stories, door openings into public halls, entrance halls or stair halls on each story or stories shall be equipped with self-closing protective assemblies having a fire-resistive rating of at least one hour. In such old law tenements existing wood doors opening into public halls, entrance halls or stair halls may remain on any story where there is no increase in the number of apartments, provided such doors and every transom and panel in same are made to conform to the requirements set forth in 1 RCNY § 15-07(h).

   (3) All doors shall be properly fitted to their assemblies and there shall be no unnecessary spaces between doors and door bucks or saddles.

  1. Materials. All materials used in the process of fire-retarding shall be of a type and manufacture acceptable to the Department of Buildings. The following shall be considered as minimum requirements:

   (1) Metal lath. Metal lath shall weigh at least 30 pounds per square yard, except lath used over existing plaster which lath shall weigh at least 3.4 pounds per square yard and be reinforced with rigid ribs not less than three eighths inch (3/8”) deep, spaced not more than eight (8”) on center running full length of sheets. Where ribs exceed 4.8 inches on center, same shall have at least one intermediate one eighth inch (1/8”) inverted rib running the full length of sheets. Metal lath fastened to stubs shall be attached at least six inch (6”) intervals with 4-penny nails or one inch (1”) roofing nails or No. 14 steel wire gauge wire staples, and to wood joists by at least 6-penny nails, one and one-quarter inch (1 1/4”) roofing nails, or one inch (1”) No. 14 steel wire gauge wire staples. When metal lath is applied over existing plastered surfaces, same shall be fastened with nails or staples of the same gauge and such nails or staples shall have anchorage of at least one-half inch (1/2”) in studs and three-quarters inch (3/4”) in joists. Laps between the studs or joists shall be securely tied or laced. Stiffened metal lath on wood studs, or joists, shall be nailed or stapled at least at eight inch (8”) intervals, and the laps between studs similarly tied or laced. Metal lath shall be galvanized or painted.

   (2) Plaster boards or perforated rock lath. Plaster boards or perforated rock lath shall be of type and manufacture acceptable to the Department of Buildings. Each board shall bear the name of manufacturer and brand stamped thereon for inspection after erection. Plaster boards or perforated rock lath nailed directly to wood studding or joists shall be fastened with one and one-eighth inches (1 1/8”) wire nails of at least No. 13 steel wire gauge, with flat three-eighth inch (3/8”) heads. When such boards are applied over existing plastered surfaces, same shall be fastened with nails of the same gauge and such nails shall have anchorage of at least one-half inch (1/2”) in studs and three-quarters inch (3/4”) in joists. The maximum space between nails shall be four inches (4”). The joints shall be broken at every other board. The wetting of such boards before plastering is forbidden.

   (3) Stamped metal. Stamped metal shall be No. 26 U.S. gauge (equivalent thickness .018 inches or 3/160 inches) with one inch (1”) lapped seams. Size of sheets shall be not more than twenty-four inches by ninety-six inches (24” × 96”), having a selvage consisting of a half-round bead sufficient to create a one inch (1”) overlap at both seams. Nailing shall be secured direct to studs or joists with 6-penny smooth box nails (two inches (2”) or No. 12 1/2 gauge) with nails on end seams spaced not more than three inches (3”) apart. Nailing to plaster is forbidden and in all cases nails shall have anchorage of at least one-half inch (1/2”) in studs and three-quarters inch (3/4”) in joists. All beads at seams shall be chisel sealed, making a tight joint. All sheets shall be marked “26 U.S. Gauge” for identification and inspection after erection.

   (4) Mineral wool. Mineral wool shall be of a type and manufacture acceptable to the Department of Buildings. Holes shall be cut approximately three inches (3”) in diameter through the wood lath and plaster near the ceiling, in the panels between each two adjacent studs. As an alternative, holes may be cut approximately three inches by six inches (3” × 6”) on every second stud. Check each stud panel with weight and line to find out whether there is any obstruction. If any cross-bridging or other obstruction is encountered additional holes shall be cut until access has been gained to all open spaces within the stud panel in all specified partitions. Mineral wool shall then be blown into all spaces by the pneumatic method with air pressure sufficient to pack the insulation to a density acceptable to the Department of Buildings. Mineral wool for this work shall be in bags or containers marked with the manufacturer’s name and label specifying its type.

   (5) Other materials. No other material may be used unless same is acceptable to the Department of Buildings.

  1. Exceptions. Where any portion of any entrance hall, stair hall or public hall has been previously fire-retarded under the supervision of this department, the former Tenement House Department or various former Departments of Buildings, such fire-retarding will be accepted only to the extent that same has been previously approved, provided, however, that such entrance hall, stair hall or public hall is otherwise made to conform to all the requirements set forth in these rules.

§ 15-08 Fire-Retarding of Cellar Ceilings in Old Law Tenements and Converted Dwellings.

(a) Intent. The fire-retarding rules herewith set forth are approved by the Department of Buildings for the existing multiple dwellings where the ceilings of the cellar or other lowest story is required, by § 85 and § 240, subdivision 3, Multiple Dwelling Law, and by § 27-2044, Housing Maintenance Code, to be fire-retarded in a manner approved by the Department of Buildings.

   (1) It is the intent of the law to provide a continuous fire-retarded covering over the entire ceiling of the cellar, or other lowest story, so as to prevent fire communicating with upper stories of a multiple dwelling. Where there is a space less than four feet six inches (4’-6”) in height from the ground or floor level to the underside of the first tier of beams, such space shall be considered as an “air space” and not as a cellar. However, when such space opens to a cellar where fire-retarding of the ceiling is required, then such space shall be separated from the cellar with a partition constructed of incombustible material in which there is provided self-closing door and assembly having a fire-resistive rating of at least one hour. Where the ceiling of the cellar or other lowest story is required to be fire-retarded, all openings in such ceilings for stairways not located directly under a main stair, also openings in ceiling such as pipe shafts, vent shafts, unenclosed dumbwaiter shafts, disused flues, etc., shall be properly closed. (Private stairs within duplex apartments extending into cellar or basement are not required to be enclosed.) New partitions erected to enclose existing stair referred to in the preceding paragraph shall be of incombustible materials. Existing partitions enclosing any such stair will be acceptable where same are of incombustible materials or where same are fire-retarded on both sides in accordance with the methods set forth in 1 RCNY § 15-07(b)(1) or (b)(2) and with materials conforming with the requirement of 1 RCNY § 15-07(i). Door openings in such enclosure partitions shall be equipped with self-closing protective assemblies having fire-resistive ratings of at least one hour. When existing shafts, including dumbwaiter shafts, extend below the ceiling a distance less than one-half (1/2) the height of the cellar, such shafts shall be considered as being part of the cellar ceiling and the enclosures of said shafts shall be fire-retarded in the same manner as required for cellar ceilings. All existing shafts, including dumbwaiter shafts, which extend below the ceiling a distance more than one-half (1/2) the height of the cellar shall be enclosed with incombustible materials. All shafts referred to in this paragraph shall have adequate cleanout at base consisting of fire-proof self-closing door and assembly having a fire-resistive rating of at least one hour. Where new partitions or enclosures are erected in a cellar they shall be constructed of incombustible materials.

   (2) Wood girders, columns, posts, etc. The fire-retarding material of ceiling of cellar or other lowest story shall be carried down and around all non-fireproof ceiling projections, such as wood girders, etc., which are less than six inches by six inches (6” × 6”) in dimension. The fire-retarding material also shall be turned down at least three inches (3”) on all non-fire-retarding columns, posts, etc., which are less than six inches (6”) in diameter.

   (3) Non-fire-retarded cellar partitions. When non-fire-retarded partitions in cellar, or other lowest story, extend to the ceiling, the fire-retarding material of the ceiling shall be turned down at least three inches (3”) on said partitions, or the partitions shall be cut off at top to permit the fire-retarding of the ceiling to be continuous. Where, in any old law tenement three (3) stories and basement in height, there is also a cellar under the basement story, the ceiling of such cellar shall be fire-retarded; and also, in any such old law tenement, where the main entrance from the grade is to the first story that portion of the basement ceiling which is directly under the first story entrance hall, public hall and stair hall shall be fire-retarded. In every old law tenement three (3) stories and basement in height with no cellar under the basement, where the main entrance from the grade is to the basement story, the ceiling of the basement story shall be fire-retarded throughout. In any such old law tenement where the main entrance from the grade is to the first story no such fire-retarding will be required.

   (4) Heating appliances. The portion of the ceiling over any furnace, boiler or hot water heater shall be fire-retarded in accordance with the methods set forth in 1 RCNY §§ 15-07(b)(1) or (b)(2), and such fire-retarding shall extend for a distance of at least four feet (4’-0”) beyond the sides and rear, and eight feet (8’-0”) in front of such furnace or boiler.

   (5) It is not intended that these rules and regulations in themselves require plans to be filed. However, should any work involve structural changes, then plans are required to be filed in the Department of Buildings and such changes shall be subject to all other Rules and Regulations applicable thereto.

   (6) Work shall not commence until satisfactory evidence has been submitted to the Department of Buildings that compensation insurance has been obtained in accordance with the provisions of the Workmen’s Compensation Law.

  1. Methods. Cellar ceilings shall be fire-retarded according to any of the following methods: Metal lath and cement or gypsum mortar conforming to 1 RCNY § 15-07(b)(1). Plaster boards and gypsum mortar or stamped metal conforming to 1 RCNY § 15-07(b)(2). No. 26 U.S. gauge stamped metal over existing plastered ceiling, when erected without damage to the plaster. Furring strips are not required, but if used, they shall be metal covered on both sides and on face surface. Stamped metal shall not be applied until after existing plastered ceiling has been inspected and approved by an inspector of the Department of Housing and Buildings. No other method may be used unless same are acceptable to the Department of Buildings.
  2. Materials. Materials used shall be in accordance with the provisions of 1 RCNY §§ 15-07(i)(1), (i)(2) or (i)(3). Mineral wool, brick, gypsum or other masonry fill will not be accepted for fire-retarding cellar ceilings. No other materials may be used unless same are acceptable to the Department of Buildings.

§ 15-09 Fire-Retarding of Cooking Spaces in All Multiple Dwellings.

(a) Intent. The rules herewith set forth are approved by the Department of Buildings for the protection of cooking spaces under §§ 33 and 176 of the Multiple Dwelling Law. As set forth in § 33 of the Multiple Dwelling Law, nothing in these rules shall be construed as permitting fire-retarding partitions in fireproof multiple dwellings.
  1. Multiple Dwelling Law. Except when sprinkler heads are installed in conformity with subdivision (e) of this section, § 33 of the Multiple Dwelling Law requires fire-retarding of cooking spaces in existing and newly cconstructed class A and class B multiple dwellings.
  2. Ceilings and walls exclusive of doors. Walls and ceilings shall be fire-retarded according to any of the following methods: Metal lath and cement or gypsum mortar conforming to 1 RCNY § 15-07(b)(1). Plaster boards and gypsum mortar or stamped metal conforming to 1 RCNY § 15-07(b)(2). No. 26 U.S. gauge stamped metal over existing plaster when erected without damage to the plaster. Furring strips are not required, but if used, they shall be metal covered on both sides and on face surface. Stamped metal shall not be applied until after existing plaster has been inspected and approved by an inspector of the Department of Buildings. Materials used shall be in accordance with the provisions of 1 RCNY §§ 15-07(i)(1), (i)(2) or (i)(3). No other methods or materials may be used unless same are acceptable to the Department of Buildings.
  3. Combustible material. In every cooking space, all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming of food shall be fire-retarded in conformity with the applicable provisions of these rules or covered with asbestos at least three-sixteenths inch (3/16”) in thickness and twenty-six gauge metal or with fire-resistive material of equivalent rating. There shall always be at least two feet (2’-0”) of clear space above such apparatus.
  4. Sprinkler heads installed in ceilings of cooking spaces in lieu of fire-retarding the ceilings and walls. Where sprinkler heads are installed in the ceilings of cooking spaces in lieu of fire-retarding the ceilings and walls, all of the provisions of 1 RCNY §§ 15-09(a) through (f) inclusive, shall be complied with, except that it will not be required that the fire-retarding of the walls and ceilings of cooking spaces be complied with. Before the installation of sprinkler heads is begun an application shall be filed with and approved by the Department of Buildings. Sprinkler heads shall be of a type and manufacture approved by the Department of Buildings or previously approved by the Board of Standards and Appeals or by the Underwriters Laboratories Limited, and shall have fusible struts constructed to fuse at a temperature not higher than two hundred twelve degrees (212°) Fahrenheit. Every sprinkler head shall bear the year of manufacture clearly on its surface. No sprinkler head may be installed after December 31st of the year following the year of manufacture. There shall be provided at least one (1) sprinkler head for every fifty-nine (59) square feet or fraction thereof of the floor area of the cooking space. Sprinkler heads shall be connected with the water supply of the building through a pipe of at least one-half (1/2) inch inside diameter. Where practicable, sprinkler heads shall be located in an upright position on top of the sprinkler piping. There shall be kept available on the premises at all times a sufficient supply of extra sprinkler heads and also a sprinkler wrench for use to replace promptly any fused or damaged sprinkler heads. Any head which has opened or has been damaged shall be replaced immediately with a good sprinkler head. Painting or kalsomining of sprinkler heads is prohibited.
  5. Cooking spaces constructed after July 1, 1949. Application and plans must be filed with and approved by the Department before any work is started in connection with the construction of any cooking space after July 1, 1949.

§ 15-10 Fire Escapes, Fire Stairs and Fire Towers.

(a) Intent. These rules have been approved by the Department to supplement the provisions of § 53 of the Multiple Dwelling Law in relation to Fire Escapes, fire-stairs, etc. Where fire escapes serve as a means of exit from other than multiple dwellings, such fire escapes shall comply with the laws governing such occupancy. The voluntary erection of fire escapes on private residence buildings or business and residence buildings shall be in conformity with these rules and regulations unless otherwise directed by the Borough Superintendent of the Department of Buildings. It is the intent of these rules to cover only general conditions and they are not designed to cover specific or special cases. When such may occur the owner is required to consult the Department of Buildings and receive instructions before starting of work.

   (1) Fire escapes on multiple dwellings requiring new certificate of occupancy. Except as provided in 1 RCNY § 15-10(g)(2) re lodging houses, double-rung ladder type fire escapes will not be accepted when a new Certificate of Occupancy is required.

   (2) Alterations for increased occupancy. Where an alteration is made increasing occupancy on any story and a fire escape is required such fire escape shall conform to the provisions of § 53 of the Multiple Dwelling Law and to the applicable provisions of these rules.

  1. General provisions.

   (1) Caution. No fire escapes shall be removed from any apartment without due precaution against leaving occupants without fire escape protection as required by subdivision 9 of § 53 of the Multiple Dwelling Law.

   (2) Entrance story, etc. – second means of egress. Where the distance to safe landing, from the window sill of any apartment on any story, including the entrance story, is more than twelve feet (12’-0”), a balcony and sliding drop-ladder or other approved second means of egress shall be provided for such apartment. Safe egress to street or other safe place shall be provided from the termination of such means of egress.

   (3) Application blanks and plans. Before the erection of new fire escapes or alteration of existing fire escapes upon any multiple dwelling, application must be filed with and approved by the Department of Buildings.

   (4) Projections beyond the building line. Every part of fire escapes or balconies erected on the fronts of multiple dwellings shall be at least ten feet (10’) above the sidewalk when such fire escapes or balconies project beyond the building line.

  1. Illegal fire escapes shall be removed. All vertical ladder, wire, chain or cable fire escapes if required as a means of egress shall be removed and replaced with a legal means of egress.
  2. Acceptable existing means of egress on existing multiple dwellings. Except as provided in 1 RCNY § 15-10(c), in any existing multiple dwelling any existing means of egress which was lawfully permitted prior to the time the Multiple Dwelling Law became effective may be continued as a legal means of egress as hereinafter enumerated. If located on the front or rear wall of the building and properly connected with stairs with proper openings. If located in an outer court at a point distant not more than thirty feet (30’-0”) from the outer end of such court and provided such court is not less than five feet (5’-0”) in width from wall to wall at any point between such fire escape and the outer end of said court. If located in an inner court whose least horizontal dimension is not less than fifteen feet (15’-0”) measured from wall to wall. If a party-wall balcony on the front or rear wall of the building and there are no doors or openings in the walls between the two buildings other than windows in fireproof air shafts. If a party-balcony located in an outer court not more than fifteen feet (15’-0”) in length measured from the outer end of such court to the innermost point thereof, and not less than five feet (5’-0”) in width from wall to wall at any point between the fire escape and the outer end of said court, and provided also that there are no doors or openings in the walls between the two buildings other than windows in fireproof air-shafts. No fire escape, however, shall be deemed sufficient unless all the following conditions are complied with: All fire escapes, whether a required means of egress or not, shall be maintained in good order, repair and structurally safe. All parts shall be of iron or stone. Except as provided in 1 RCNY § 15-10(bb) every apartment above the ground floor in each multiple dwelling shall have direct access to a legal fire escape without passing through a public hall. Except party-wall balconies, all balconies shall be connected to each other by means of a stair or, when permitted, by double-rung ladders. All fire escapes, except party-wall balconies, shall have proper drop-ladders in guides from the lowest balcony of sufficient length to reach a safe landing place beneath. All fire escapes not on the street shall have a safe and adequate means of egress from the yard or court to the street or to the adjoining premises. Prompt and ready access shall be had to all fire escapes. Except as provided in 1 RCNY § 15-10(bb), such access shall be through a living room or private hall in each apartment or suite of rooms at each story above the ground floor and shall not include the window of a stairhall, nor shall any such egress be obstructed by sinks or other kitchen fixtures, or in any other way. No existing fire escape shall be extended or have its location changed except with the written approval of the Department of Buildings. Where an existing apartment in a tenement house erected prior to April twelfth, nineteen hundred and one, is located entirely on a court and has no rooms opening on the street or yard, fire escapes hereafter provided for such apartments may be located in courts under the same conditions as prescribed for existing fire escapes in this subdivision. When wire, chain cable or vertical ladder fire escapes are permitted to remain on Multiple Dwellings under the provisions of subdivision 9 of § 53, they shall be considered only as supplemental fire escapes. Such fire escapes shall be maintained in a safe condition of repair at all times and shall be subject to the applicable requirements of all laws and to these rules in relation to maintenance of existing fire escapes. Before a pending violation requiring the removal of such existing fire escapes is superseded or cancelled, an inspection shall be made in accordance with the specific requirements as set forth in the preceding paragraph. Each of the owners of adjoining structures, commonly served by party-wall balconies serving as a required means of egress, shall maintain in good order and repair that portion of each such balcony which is on his property, and each such owner shall maintain egress normally unobstructed and unimpeded from each such balcony to and through his structure. It shall be unlawful for the owner of a structure on which there is a party-wall balcony serving as a required means of egress from an adjoining structure, to remove such party-wall balcony or any portion thereof or to prevent, eliminate or obstruct egress from such party-wall balcony to and through his structure, unless and until such owner has had erected a legal fire escape or other approved means of egress. See also 1 RCNY § 15-10(bb).
  3. Party-wall balconies.

   (1) New party-wall balconies. The erection of new party-wall balconies shall be subject to the discretion and jurisdiction of the Department of Buildings, provided, however, that there shall be no doors or openings in the wall between the buildings served by such balconies other than windows in fireproof airshafts. New party-wall balconies will not be permitted on adjoining frame multiple dwellings.

   (2) Existing party-wall balconies. Party-wall balconies existing on any multiple dwelling shall afford safe egress, be kept in good order and repair, be constructed so as to be structurally strong and shall be maintained in conformity with all other applicable laws, rules and regulations. Such fire escapes are acceptable on occupied multiple dwellings.

  1. Party-wall fire escapes. The Department of Buildings my consent to the erection of party-wall fire escapes on adjoining multiple dwellings, to which the occupants have safe, unobstructed access in common, when such party-wall fire escapes are constructed and maintained in accordance with the law and these rules.

   (1) Any existing party-wall fire escape (stairways) connection with and used in common by a multiple dwelling and a non-multiple dwelling is acceptable when such fire escape is maintained in good order and repair and affords safe egress.

  1. Double-rung ladders.

   (1) Double-rung ladders will not be permitted on new fire escapes.

   (2) Any fire escape existing prior to the enactment of the Multiple Dwelling Law on any multiple dwelling that does not require a certificate of occupancy resulting from an alteration, if structurally sound and in good condition and provided with existing ladders inclined at an angle not exceeding eighty (80) degrees and equipped with double-rung steps and which affords safe egress, shall be deemed to be a legal fire escape. When a Certificate of Occupancy is requested or required in connection with a lodging house which is equipped with a double-rung ladder Fire Escape and such fire escape is in good repair and adequate, except as to type, and only minor violations exist the correction of which will make the premises conform to all other law requirements, the existing double-rung ladder fire escape may be accepted.

   (3) Except as provided in 1 RCNY § 15-10(g)(2) re lodging houses, double-rung ladders are not acceptable when a new Certificate of Occupancy is to be issued.

  1. Alteration of existing two-balcony fire escapes on existing multiple dwellings. When a building is not more than three (3) stories in height and provided with a balcony on each of the second and third stories, with connecting vertical ladders, and balconies not less than two feet five inches (2’-5”) in width and of adequate length, the Department of Buildings may permit the removal of vertical ladders and replacing of the said ladders with regulation sixty (60) degree connecting stairs. Standards shall be one-half inch (1/2”) round or square and height of rail at least two feet nine inches (2’-9”). The stairs shall be not less than seventeen inches (17”) wide with a passageway between string and wall or string and top rail of not less than fourteen inches (14”). In lieu of such passageway, the Department of Buildings will permit a drop-ladder to be installed and placed at each end of the lowest balcony in those cases where it is impractical to provide a passageway of such minimum width. New brackets shall be provided where necessary. The gateway shall be cut in the front rail with a drop-ladder and guides from second (2nd) story to safe landing. Where fire escapes are located at rear of building a gooseneck ladder shall be provided. The gooseneck ladder may be placed at an angle from the top floor balcony to the roof. When placed at an angle a minimum space of twenty-four inches (24”) shall be maintained between the strings and front top rail and a minimum space of fourteen inches (14”) between the strings and the front bottom rail. There shall be a space of at least twenty-four inches (24”) between the string of the gooseneck ladder and the frame of the window. Conditions may be found where this modification will not exactly apply. When such a condition is found it should be brought to the attention of the Department of Buildings for decision. When fire escapes are at the front no gooseneck ladder shall be required. When access to such existing two-balcony fire escape is solely by means of a window in a bathroom, the doors of such bathrooms shall be glazed with glass other than wire glass and all key or cylinder locks shall be removed from doors. In such bathrooms there shall be no fixture located in front of the window opening to fire escape. Such altered two-balcony fire escape shall conform to all other requirements of law and these rules and regulations.
  2. Accessibility of fire escapes from apartments, rooms, kitchenettes and other spaces. Prompt and ready access shall be had to all fire escapes and, except as provided in 1 RCNY § 15-10(bb), such access shall be through a living room, kitchenette or private hall in each apartment or suite of rooms at each story above the ground floor. Access to fire escapes shall not include the window of a stairhall, nor shall any such egress be obstructed by sinks or other kitchen fixtures, or in any other way. A clear space of at least twenty-one inches (21”) must be maintained as a passageway between any fixtures and the side of an opening leading to fire escapes. In any apartment which is occupied by a “family” as defined in § 4(5), Multiple Dwelling Law, and in which one or more living rooms are rented to boarders of lodgers, every such room shall be directly accessible to a fire escape without passing through a public hall, and for separately occupied living rooms access to fire escapes shall be direct from such rooms without passing through a public hall or any other separately occupied room, except as may be permitted in §§ 66, 67, and 248 of the Multiple Dwelling Law.

   (1) Egress from apartments used for “Single Room Occupancy”. No room in any apartment shall be so occupied for “single room occupancy” unless each room therein shall have free and unobstructed access to each required means of egress from the dwelling without passing through any sleeping room, bathroom or water-closet compartment. In apartments used for “single room occupancy” there shall be access to a second means of egress within the apartment without passing through any public stair or public hall. On and after July 1, 1957, every tenement used or occupied for single room occupancy in whole or part under the provisions of § 248, Multiple Dwelling Law, and which does not have at least two means of egress accessible to each apartment and extending from the ground story to the roof, shall be provided with at least two means of egress, or, in lieu of such egress, every stair hall or public hall, and every hall or passage within an apartment, shall be equipped on each story with one or more automatic sprinkler heads approved by the department. Elevator shafts in such tenements shall be completely enclosed with fireproof or other incombustible material and the doors to such shafts shall be fireproof or shall be covered on all sides with incombustible material. In apartments used for “single room occupancy” where access to a required means of egress is provided through a room such access to such room shall be through a clear opening at least thirty inches (30”) wide extending from floor to ceiling and such opening shall not be equipped with any door frame, or with any device by means of which the opening may be closed, concealed or obstructed.

  1. Window bars, gates, etc. No iron bars, gates or other obstructing devices will be permitted on any window giving access to fire escapes or where such window provides a secondary means of egress in case of fire on any story, including the ground floor, basement, cellar, etc. Windows on grade level at sidewalk, yard or court, or at roof level of an adjoining building, may have bars, but at least, one window in any apartment or suite of rooms shall be without bars or obstructions of any kind in order to afford a second means of egress and such window shall conform to the provisions of 1 RCNY § 15-10(k).
  2. Windows and doors to fire escapes. The window or door giving access to fire escapes shall not be less than two feet (2’) in width and the sill of the window shall not be more than three feet (3’) above the floor. Window openings shall be not less than two feet six inches (2’-6”) high in the clear.

   (1) Steel casement sash. Steel casement sash opening outward onto any fire escape balcony three feet six inches (3’-6”) in width will be permitted, provided such sash is equipped with approved extension hinges so that, when opened, the sash will be flat against the wall, and further provided that there will be no adjusters on the sash as part of its equipment. Passageway of fourteen inches (14”) clear width is required to be maintained between the sash or hinges and any portion of the fire escape when the sash lies flat against the wall. When casement sash is set at right angle to the fire escape stairway a clear radial width of twenty inches (20”) must be provided.

   (2) Wire screens and storm windows. Wire screens are permitted on a door or window giving access to a fire escape. Such screens may be of the rolling type, casement or of a type that slides vertically or horizontally in sections, providing that there shall be a clear unobstructed space two feet (2’) in width and two feet six inches (2’-6”) in height when the screens are opened and further provided that no such screen shall be subdivided with muntins or other dividing or separating bars into spaces less than two feet (2’) in width by two feet six inches (2’-6”) in height. Storm sash and storm doors are permitted on openings giving access to fire escapes provided they are arranged so as to be easily and readily opened from the inside and do not obstruct or interfere with safe egress.

  1. Egress from fire escape balconies not to be obstructed. Egress from fire escape balconies must not be obstructed by signs, fixed awnings or any other obstruction.
  2. Extension roofs used as means of egress or directly under fire escape balcony.

   (1) Hereafter erected extension roofs. Where the roof of an extension hereafter erected is to be used as a means of egress from a fire escape, or where a fire escape balcony is located directly above said roof, such roof shall be of fireproof construction.

   (2) Existing extension roofs. Except in converted dwellings where sprinklers may be installed, in every multiple dwelling where a fire escape balcony is situated over and not more than eight feet (8’) above a non-fireproof roof, or where a non-fireproof roof of an extension is to be used as egress from fire escapes, the entire ceiling of said extension must be fire-retarded with metal lath and cement or gypsum mortar in the manner prescribed in 1 RCNY § 15-07(b)(1) and (i)(1), or with one-half inch (1/2”) approved plaster boards lined with No. 26 U.S. gauge stamped metal. In buildings requiring the issuance of a Certificate of Occupancy as a result of being altered structurally, the only approved method shall be with cement of gypsum mortar and metal lath weighing not less than three (3.0) pounds per square yard which shall be applied directly to the beams or other structural members. Where the roof of an existing extension is used as fire egress, a balcony shall be provided at the level of the roof and, if the distance between the said balcony and a safe landing is more than sixteen feet (16’-0”), a landing platform must be provided not more than ten feet (10’-0”) from said safe landing and this landing platform and the balcony on the roof level must be connected by a regulation stairway. From the landing platform a drop-ladder in guides must be provided so as to reach the safe landing. A balcony and drop-ladder in guides as per 1 RCNY § 15-10(r)(11) shall be provided for every two fire escape stacks or fraction thereof using an extension roof for landing and fire egress.

   (3) Skylights on extensions. Any existing skylights in said roof must be constructed of incombustible material whenever deemed necessary. Where skylights exist or are hereafter constructed on the roof of an extension used as a means of egress from a fire escape, they must not interfere with egress in any way and if in the line of said egress, they must be provided with a substantial guard-rail not less than three feet six inches (3’-6”) high.

  1. Egress to street required from fire escapes located in yards and courts not extending to the street. In an old law tenement or a converted dwelling where fire escapes are located in a yard less than thirty feet (30’-0”) in depth, or in a court which does not extend to such a yard or to the street, there shall be egress to the street by means of a fire-proof passageway. In such multiple dwellings, where the yard is less than thirty feet (30’-0”) in depth and where the consent of the owner of the adjoining premises is obtained, in lieu of providing such fire-proof passageway, a door or gate in a lot-line fence leading from such yard or court to the yard or court of the adjoining premises may be accepted, provided, however, that such door or gate provides adequate egress and is not locked or secured in any manner except by a readily-accessible, easy to open hook or bolt. Where fire escapes are located in the yard of a new law tenement or of a multiple dwelling erected after April 18, 1929, access shall be provided from the street to the yard either in a direct line or through a court as provided in paragraph c of subdivision 2 of § 238 and paragraph i of subdivision 2 of Section 27, Multiple Dwelling Law. Where fire escapes are located in a court of a new law tenement or of a multiple dwelling erected after April 18, 1929, and such court does not extend to the street, a fireproof passageway leading directly to the street shall be provided as required by paragraph b of subdivision 2 of § 53, Multiple Dwelling Law. All passageways required under these rules shall be not less than seven feet (7’-0”) in height and not less than three feet (3’-0”) in width and shall at all times be kept clear and unobstructed. Doors and gates at the end of such passageways are prohibited, except that a door or gate equipped with an approved-type knob or panic belt which shall be readily openable from the inside will be permitted at the building line. Doors and gates provided with keylocks or padlocks are prohibited.
  2. Location for new fire escapes. No required fire-escape shall be permitted to be placed on an adjoining property without the written consent of the Department of Buildings. No fire escape shall be erected within ten feet (10’) of the termination of a duct. Fire escapes for existing multiple dwellings shall be located as required by the department and arranged so as to provide legal egress for all rooms and apartments.

   (1) Fire escapes in court (side yard). Except as provided in 1 RCNY § 15-10(bb)(6) where an apartment has a street frontage and extends also to a yard, fire escapes may be permitted to be placed in a court (side yard) if the court (side yard) is not less than seven feet (7’-0”) wide. In any multiple dwelling where exterior structural conditions are such as to prevent the erection of a fire escape on the street front or yard, new fire escapes may be permitted to be erected in a lot-line court (side yard) providing the lot-line court (side yard) extends from street to rear yard and is not less than three feet (3’-0”) in width for its full length. Fire escapes erected in such court may be three feet (3’-0”) wide when the width of such court does not permit balconies three feet four inches (3’-4”) in width. The width of stairways and passageways and other arrangement details affected by the permitted reduction in the width of balconies will be determined and furnished to contractor by the Department upon request.

   (2) Where an existing apartment in a tenement erected prior to April 12, 1901, is located entirely on a court and has no rooms opening on the street or yard, fire escapes hereafter provided for such apartments may be located in courts under the same conditions as prescribed for existing fire escapes in 1 RCNY § 15-10(d).

  1. Materials. All fire escapes hereafter constructed shall consist of outside open balconies and stairways of iron, stone, or other approved materials. Wherever the term wrought iron is used in these rules it shall be deemed to include all other especially approved metals. Cast iron will not be permitted to enter into the construction of fire escapes. The use of old material in the construction of new fire escapes is prohibited. Bolts used in the construction or repair of fire escapes shall be machine bolts. The use of stove bolts is prohibited. The strength and construction of stone balconies hereafter erected forming part of the fire escape shall be subject to the approval of the Department of Housing and Buildings. All structural steel used in the construction of fire escapes shall be at least one-quarter (0.25) inch in thickness.
  2. Types of fire escapes. There shall be two types of fire escapes: “Type A” and “Type B”. Except for brackets and braces as hereafter described, what is applicable to one type is equally applicable to the other whether or not it is so stated specifically.

   (1) Definition of “Type A” and “Type B” fire escapes. A “Type A” fire escape is one which has a supporting bracket at each end of the balcony or platform. A “Type B” fire escape is one which has brackets not more than four feet (4’) apart supporting the balcony or platform.

   (2) Cantilever brackets will not be accepted for new fire escapes on existing buildings.

   (3) Details of other types of structural supports for fire escapes must be submitted to and approved by the Department before being used in the construction of fire escapes.

   (4) “Type A” fire escapes are not permitted on frame buildings, walls or hollow masonry constructions, on walls of solid masonry less than eight inch (8”) in thickness nor on hollow walls of solid masonry unless complete construction details are submitted to and approved by the Department before the construction of fire escapes.

  1. Balconies. All balconies, except those erected upon frame buildings and buildings having eight inch (8”) brick walls, shall be not less than three feet four inches (3’-4”) in width over all and may project into the public highway to a distance not greater than four feet (4’) beyond the building line. Balconies erected upon frame buildings and buildings having eight inch (8”) brick walls shall be thirty-six inches (36”) in width. Balcony railings must be not less than two feet nine inches (2’-9”) high.

   (1) Passageway. Seventeen inches (17”) in width is required between the strings of stairs and the wall, or between the strings of stairs and railings, clear of all projections to a height of six feet six inches (6’-6”). Fourteen inches (14”) clear width is required between the hatchway railing and the window sill. Seventeen inches (17”) in width is required between the gooseneck ladder and the hatchway on the upper balcony.

   (2) Openings. The openings for stairways in all balconies shall be not less than twenty-one inches (21”) wide, and of such length as to provide at least six feet six inches (6’-6”) clear headroom on all stairways at every tread, and shall have no covers of any kind. A round, iron guard rail, three-quarters inch (3/4”) in diameter shall be provided around all hatchways on all new balconies, and also, when necessary, around hatchways on existing balconies. Such guard rails shall be at least two feet six inches (2’-6”) high and shall be properly braced at intervals of three feet (3’). The brace from guard rail to the front top rail shall be so arranged to allow six feet six inches (6’-6”) of headroom on the stairway. Openings are not permitted in the floor of the lowest balcony of any new fire escapes. Egress must be from a gateway in the front or end rail.

   (3) Top rails. New top rails must be one and three-quarters inches by one-half inch (1 3/4” × 1/2”) wrought iron or steel. Angle iron top rails will not be accepted. Separate bolt ends must be one and one-half inches by one-half inch (1 1/2” × 1/2”) at connection with top rails and secured to the same by two three-eighths inch (3/8”) bolts well upset. No welded connections, other than shop welding, for top rails, will be permitted. Top rails must go through the wall. When the wall is of brick, stone or concrete they must be anchored on the inner face thereof by means of nuts and four-inch by four-inch by three-eighths inch (4” × 4” × 3/8”) washers. Where a masonry wall is eight inches (8”) in thickness the washers shall be continuous and shall extend vertically from four inches (4”) below the bracket anchorage to four inches (4”) above the top rail. Bolt ends must be at least three-quarters inch (3/4”) in diameter. Top rails must be anchored in the wall at least nine inches (9”) from the window or door opening. On recess fire escapes the top rails need not go through the wall, but must be hot leaded six inches (6”) in brick or stone and at least twelve inches (12”) from the outside face of the wall. The front and return top rail, unless in one (1) piece, must be secured at the angle in the following manner: (1) with lap joint, by one-half inch (1/2”) rivet and a strap of same dimension as the top rail, with one (1) three-eighths inch (3/8”) rivet or bolt in each end of the strap; (2) with butt joint, by a triangular plate four inches by six inches by three-eighths inch (4” × 6” × 3/8”) secured to each member of the top rail by two (2) three-eighths inch (3/8”) rivets or bolts. Top rails may be spliced with iron of the same dimensions as the rails with two (2) three-eighths inch (3/8”) rivets or bolts on each side of the splice, or may be overlapped not less than eight inches (8”) and secured by two (2) three-eighths inch (3/8”) bolts or rivets. Where front rails are not rigid they must be braced with outside braces. Said braces must be wrought iron not less than one and three-quarters inches by one-half inch (1 3/4” × 1/2”) placed on edge. The braces must be properly spaced and secured to the extended brackets and top rails by three-eighths inch (3/8”) rivets or bolts. Where brackets are extended to receive outside braces the extended portion must never be less than two inches by one-half inch (2” × 1/2”) and secured to the bracket by two (2) three-eighths inch (3/8”) rivets or bolts. Bow braces and over head braces will not be accepted.

   (4) Bottom rails. Bottom rails must be one and one-half inches by three-eighths inch (1 1/2” × 3/8”) wrought iron and front rail of same must be secured to brackets by three-eighths inch (3/8”) rivets or bolts. Return bottom rails must be leaded or cemented in the wall when the latter is of brick, or may be secured to the brackets when this is practicable. The bottom front and return rails must be connected at angles by at least one (1) three-eighths inch (3/8”) rivet or bolt well burred. They may be spliced as in case of top rails.

   (5) Standards. Standards must be not less than one-half inch (1/2”) round or square set vertically, riveted to the top and bbottom rails, not more than six inches (6”) apart on centers. Special designs must be submitted for any variation, and approved before work is begun.

   (6) Floor slats. Floor slats must be of wrought iron one and one-half inches (1 1/2”) in width and three-eighths inch (3/8”) thick and placed not more than one and one-quarter inches (1 1/4”) apart. In new balconies floor slats shall not project more than six inches (6”), and in old balconies not more than eighteen inches (18”), beyond the end bracket and shall not be supported by the bottom rail. All floors must be well secured to the brackets by three-eighths inch (3/8”) “U” or damp bolts. Floor slats may be spliced with a four-inch (4”) splice late three-eighths inch (3/8”) thick, secured by three-eighths inch (3/8”) countersunk or round-head bolts or rivets on each side of the joint. The ends of the floor slats must not project over stairs so as to overhang the top tread more than one-half inch (1/2”). The ends of such floor slats shall not be cut or burned off so as to be jagged or uneven. The floor slats shall be in true alignment.

   (7) Battens. Battens must be one and one-half inches by three-eighths inch (1 1/2” × 3/8”) not more than three feet (3’) apart, riveted to the slats by five-sixteenth inch (5/16”) rivets and so spaced as to secure rigidity. No welded connections, other than shop welding, for top rails will be permitted. Top rails must go through the wall. When the wall is of brick, stone or concrete they must be anchored on the inner face thereof by means of nuts and four-inch by four-inch by three-eighths inch (4” × 4” × 3/8”) washers. Where a masonry wall is eight inches (8”) in thickness the washers shall be continuous and shall extend vertically from four inches (4”) below the bracket anchorage to four inches (4”) above the top rail. Bolt ends must be at least three-quarters inch (3/4”) in diameter. Top rails must be anchored in the wall at least nine inches (9”) from the window or door opening. On recess fire escapes the top rails need not go through the wall, but must be hot leaded six inches (6”) in brick or stone and at least twelve inches (12”) from the outside face of the wall. The front and return top rail, unless in one (1) piece, must be secured at the angle in the following manner: (1) with lap joint, by one-half inch (1/2”) rivet and a strap of same dimension as the top rail, with one (1) three-eighths inch (3/8”) rivet or bolt in each end of the strap; (2) with butt joint, by a triangular plate four inches by six inches by three-eighths inch (4” × 6” × 3/8”) secured to each member of the top rail by two (2) three-eighths inch (3/8”) rivets or bolts. Top rails may be spliced with iron of the same dimensions as the rails with two (2) three-eighths inch (3/8”) rivets or bolts on each side of the splice, or may be overlapped not less than eight inches (8”) and secured by two (2) three-eighths inch (3/8”) bolts or rivets. Where front rails are not rigid they must be braced with outside braces. Said braces must be wrought iron not less than one and three-quarters inches by one-half inch (1 3/4” × 1/2”) placed on edge. The braces must be properly spaced and secured to the extended brackets and top rails by three-eighths inch (3/8”) rivets or bolts. Where brackets are extended to receive outside braces the extended portion must never be less than two inches by one-half inch (2” × 1/2”) and secured to the bracket by two (2) three-eighths inch (3/8”) rivets or bolts. Bow braces and over head braces will not be accepted.

   (8) Landings. Landings at the head and foot of stairs shall be at least forty inches by twenty inches (40” × 20”), except on the balcony on the top story where the gooseneck ladder is located such landing shall be not less than forty inches by thirty inches (40” × 30”). On the lowest balcony where the opening to drop-ladder is in the return rail at front of the lowest tread the landing must be at least forty inches by thirty-six inches (40” × 36”).

   (9) Egress from lowest balcony. The gateway in the rail must be of sufficient width to permit the proper installation of the drop-ladder and guide-rods. Where the opening to the drop-ladder is in the return rail and at front of the lowest step, the landing at the foot of the stairs must be at least three feet by three feet, four inches (3’ × 3’ × 4”). Top rails must be well braced at the gateway.

   (10) Distance from lowest balcony to ground. The distance from the lowest balcony to the ground or safe landing shall be not more than sixteen feet (16’-0”), except that in existing multiple dwellings where due to structural conditions, such as plate glass store fronts, etc., it is not possible to erect such lowest balcony within sixteen feet (16’-0”) of the ground, the Department of Buildings may permit such balcony to be erected at a height of not more than eighteen feet (18’-0”) above the ground.

   (11) Termination of fire escapes on extension roofs. Where fire escape stairs or ladders rest upon a fireproof roof, no balcony need be provided at the foot of such stairs or ladders. Where fire escapes terminate on the roof of an existing extension, a guide-rod drop-ladder shall be provided at the level of the roof of such extension. Where the distance from such roof to a safe landing is more than sixteen feet (16’-0”), an intermediate balcony not more than ten feet (10’-0”) above a safe landing shall be provided, and such intermediate balcony shall be equipped with a guide-rod and drop-ladder and connected by means of a regulation stairway and balcony at the level of the extension roof. Balconies, where required, must be anchored and constructed in a manner satisfactory to the Department of Buildings. The roof of every extension used for egress, or upon which fire escapes terminate, shall be fireproof or fire-retarded according to the provisions of 1 RCNY § 15-10(m).

  1. Brackets and braces.

   (1) “Type A”. All horizontal members of brackets and all cross beams shall be not less than four-inch (4”) channels weighing not less than seven and one-quarter (7.25) pounds to the linear foot. The end bracket members shall enter the wall at a point not less than nine inches (9”) from a door or window and shall be anchored on the inside face of the wall with an eight-inch by eight-inch by three-eighths inch (8” × 8” × 3/8”) washer and a one-inch (1”) bolt and nut. Where the wall is eight inches (8”) in thickness the washer shall be continuous and shall extend across all brackets and cross beams. The bolt end shall be wrought iron not less than two inches by one-half inch (2” × 1/2”) which shall be drawn out to form the necessary bolt end without welded connections. The bolt end shall be secured to the bracket with two (2) one-half inch (1/2”) rivets. On eight-inch (8”) walls the bolt end shall not be less than nine inches (9”) long. On twelve-inch (12”) walls the bolt end shall not be less than eleven inches (11”) long. On sixteen-inch (16”) walls the bolt end shall not be less than fifteen inches (15”) long. When the wall is eight inches (8”) in thickness the bracket member shall enter the wall not less than seven inches (7”). When the wall is twelve inches (12”) in thickness the bracket member shall enter the wall not less than eleven inches (11”). When the wall is sixteen inches (16”) in thickness the bracket member shall enter the wall not less than fifteen inches (15”). The intermediate cross beams shall enter the wall not less than eight inches (8”) except where they enter the wall under a window. In such case the cross beam shall enter the wall not less than four inches (4”). The member forming the hatchway opening shall be a four-inch (4”) channel iron weighing not less than seven and one-quarter (7.25) pounds per foot. It shall be secured to the intermediate cross beam with a three-inch by three-inch by one-quarter inch (3” × 3” × 1/4”) lug and two (2) one-half inch (1/2”) rivets or bolts. The front bottom member of the fire escape shall be of the following size and weights:

Length of Balcony Weight of Channels Size of Channels
Up to 11 feet 9.0 pounds per foot 5 inches
Up to 13 feet 10.5 pounds per foot 6 inches
Up to 15 feet 12.25 pounds per foot 7 inches
Up to 17 feet 13.75 pounds per foot 8 inches

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The bracket braces shall be angle iron not less than two and one-half inches by two and one-half inches by one-quarter inch (2 1/2” × 2 1/2” × 1/4”). The braces shall drop not less than twenty-four inches (24”) from the top of the bracket and shall extend out to a point not less than three-quarters (3/4) of the length of the bracket. Each member of the brace shall be secured to the bracket with two (2) one-half inch (1/2”) rivets. The drop member of the brace shall be secured to the extended member with two (2) one-half inch (1/2”) rivets. The heel of the brace shall be cut out one-half inch (1/2”) to allow for the drainage of water. Where, owing to cornices, water-tables and porticos, it is impossible to use the standard brackets, inverted brackets may be used. When inverted brackets are used they shall be constructed with an upright wall member and a diagonal member. The wall member shall be an angle iron not less than three inches by four inches by three-eighths inch (3” × 4” × 3/8”) and the diagonal member shall be an angle iron not less than three inches by three inches by three-eighths inch (3” × 4” × 3/8”). Each member shall be secured to the bracket with two (2) one-half inch (1/2”) rivets. The wall members shall be secured to the wall with two (2) one-inch (1”) bolts which shall pass through the wall and be anchored on the inside face of the wall with a washer four inches by three-eighths inch (4” × 3/8”) which shall extend across the two (2) bolts. A one-inch (1”) nut shall secure the washer to the bolt. The bolts shall be placed sixteen inches (16”) apart on centers. The four-inch (4”) member of the wall brace shall bear against the wall and shall extend from the bracket to and above the top return rail of the balcony. The top return rail of the balcony shall be secured to the wall member of the brace with two (2) one-inch (1”) rivets or nuts and bolts. When inverted braces are used the bracket member shall enter the wall not less than four inches (4”). All other portions of “Type A” fire escapes, except roof balconies, shall be constructed and erected as specified for the construction and erection of “Type B” fire escapes.

   (2) “Type B”. The horizontal members of brackets shall consist of a one-piece wrought iron bar two inches by one-half inch (2” × 1/2”) set so that the two inch (2”) dimension is vertical. Brackets shall be not more than four feet (4’-0”) apart. Welded brackets will not be accepted. Angle iron brackets will not be accepted. The top member of the bracket must be drawn out to form the necessary bolt end without welded connection. Brackets shall be placed not less than eight inches (8”) nor more than sixteen inches (16”) below the window sill, except by special permission from this Department. The top member of the bracket must go through the wall, and when the wall is of brick, must be anchored as specified for brackets in new buildings. Brackets on buildings in course of erection must be built into the wall. They must be carried through the wall and turned down three inches (3”), or the top member must be drawn out so as to form a bolt end one inch (1”) in diameter and provided with nuts and with washers four inches by six inches (4” × 6”) and three-eighths inch (3/8”) in thickness, or where brackets on existing buildings or buildings in the course of erection pass through the walls under window or door openings, such brackets shall be anchored on the inside face of the wall with a four-inch by three-eighths inch (4” × 3/8”) plate extending across the opening and bearing nine inches (9”) on the inner face of each pier. In such case an additional one-half inch (1/2”) bolt passing through wall and anchored to plate with one-half inch (1/2”) nut shall be provided. If wall is recessed said bar must be shaped so as to bear on inner face of recessed wall and the ends of said bar to bear nine inches (9”) on inner face of each pier. In addition a four-inch (4”) steel channel stiffener must be provided to extend across the entire recessed portion. Blocking the recessed portion will not be permitted. Where walls are eight inches (8”) in thickness the four-inch by three-eighths inch (4” × 3/8”) plate must extend across and take in all brackets. Special designs must be submitted for fire escape framing other than standard and for masonry openings not included in above schedule. Horizontal members of brackets must be braced with one-inch (1”) square braces and shall rest on a shoulder. The braces shall be secured to the horizontal member with a rivet one-half inch (1/2”) in diameter, at a point two-thirds (2/3”) of the length of the horizontal member from the wall. The heel of the brace must be secured to the top member by a rivet of the same size. The brace when entering the wall must be hot leaded in brick or stone three inches (3”) and have a proper bearing on the face of the wall for at least eight inches (8”). If wedges are used to obtain full bearing against the wall, they must be of iron and well secured to the brace and must fill in solidly the space between brace and wall. Anchorage in or bracing in terra cotta is not permitted. Braces must drop at least one-third (1/3) of the length of the long brackets and must drop not less than eight inches (8”) for short brackets. Where a bracket is to receive additional weight on account of suspension rod for lower balconies, said bracket must be reinforced by an additional one-inch (1”) square brace running from the end of the bracket parallel to the regulation brace. Where it is impossible to brace the brackets in the manner described above, angle iron and tie rod supports must be used.

   (3) Anchorages for mullion windows, both “Type A” and “Type B”.

Masonry Span Brackets Anchorage Member
5’-0” 3’-6”long 6”channel 10.5 pounds or 6”×4”×9/16”angle
6’-0” 3’-6”long 7”channel 9.8 pounds or 6”×4”×11/16”angle
7’-0” 3’-6”long 8”channel 11.5 pounds or 7”channel 12.25 pounds
8’-0” 3’-6”long 8”channel 11.5 pounds
9’-0” 3’-6”long 8”channel 13.75 pounds
5’-0” 4’-0”long 8”channel 11.5 pounds or 6”×4”×3/4”angle
6’-0” 4’-0”long 8”channel 11.5 pounds
7’-0” 4’-0”long 8”channel 13.75 pounds
8’-0” 4’-0”long 8”channel 16.25 pounds
9’-0” 4’-0”long 8”channel 21.25 pounds

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Notes:  l – Working stresses taken at 16,000 pounds per square inch.

Notes:  2 – Load taken at 100 pounds per sq. ft. and includes live and dead loads.

Notes:  3 – Loads on anchorage members due to bracket reaction placed for maximum bending moment produced in member.

Notes:  4 – Bearing plates of suitable size must be provided for brackets taking ladder load and for anchorage members.

6” × 49/16” angle weighs 18.1 pounds per lin. ft.

6” × 411/16” angle weighs 21.8 pounds per lin. ft.

6” × 43/4” angle weighs 23.6 pounds per lin. ft.

Angle irons to support balconies where regulation braces cannot be used shall not be less than four inches by four inches by three-eighths inch (4” × 4” × 3/8”). Tie rods shall not be less than one inch (1”) in diameter and shall be anchored through the wall in the same manner as brackets. The angle iron support in such cases shall be set so that the tie rods will pull toward the heaviest part of the webs. When it becomes necessary to shift a bracket from one location to another in order to carry the stairs, a new regulation two inch by one-half inch (2” × 1/2”) bracket shall be installed. No welded brackets, corroded brackets or brackets set flat with cast iron under-bracing will be accepted. Such brackets shall be replaced, wherever found, by a two-inch by one-half inch (2” × 1/2”) rregulation bracket. However, when a two inch by one-half inch (2” × 1/2”) bar bracket with cast iron under-bracing is found, said bracket may be permitted to remain if proper one inch (1”) square under-bracing is provided.

  1. Stairways. All stairways shall be placed at an angle of not more than sixty (60) degrees with flat open steps not less than six inches (6”) in width and twenty inches (20”) in length and with a rise of not more than nine inches (9”).

   (1) Treads. Treads of such construction as may be approved by the Department from time to time will be permitted. Flat iron bars forming treads must be one and one-half inches by three-eighths inch (1 1/2” × 3/8”) and spaced not more than three-quarters of an inch (3/4”) apart. Bars forming treads must be secured to supporting angle irons by three-eighths inch (3/8”) rivets and these angle irons must be fastened to the strings by two (2) three-eighths inch (3/8”) rivets or bolts, well burred. Galvanized angle irons one and one-half inches by one and one-half inches by one-quarter inch (1 1/2” × 1 1/2” × 1/4”) will be accepted but if not galvanized, said angle irons shall be one and one-half inches by one and one-half inches by three-eighths inch (1 1/2” × 1 1/2” × 3/8”). In all cases the vertical legs of the angle irons must be set tightly against the strings so that there will be no intervening spaces. All treads must be set level and must not overhang so as to interfere with foot room on the tread below.

   (2) Patented treads. Patented treads approved by the Department of Buildings or previously approved by the Board of Standards and Appeals for new installations will be accepted by the Department of Buildings as legal for use in buildings under its jurisdiction. Five samples of approved treads to be furnished to the Department of Buildings (one delivered to each borough) as a permanent record.

   (3) Strings. Where the strings of the stairs are adjacent to the front rails the strings must be securely fastened to the top rails. Strings must be braced by round bars three-quarters inch (3/4”) in thickness, properly hot-leaded or secured by four inches by three-eighths inch (4” × 3/8”) expansion bolts in brick or stone wall at height of not less than six feet six inches (6‘6”) in the clear above the floor of the balcony. Strings of stairways shall be four inches by three-eighths inch (4” × 3/8”) wrought iron and shall rest on a bracket at the bottom and be bolted to a bracket at the top. Welded strings, other than shop welded, will not be accepted.

   (4) Hand rails. Hand rails must be of wrought iron, three-quarters inch (3/4”) round or one and one-half inches by three-eighths inch (1 1/2” × 3/8”) bar, well braced with intermediate braces not more than five feet (5’-0”) apart, and of the same size and material as the hand rail, and secured to the strings with two (2) three-eighths inch (3/8”) rivets at each end and at each brace; or hand rails may be secured to the bottom rail of the upper balcony and top rail of the lower balcony by two (2) three-eighths inch (3/8”) rivets at each end. On all fire escapes hereafter erected double hand rails must be provided for all stairways.

  1. Drop-ladder. A drop-ladder shall be provided from the lowest balcony and be of sufficient length to reach a safe landing place beneath. The drop-ladder shall be fifteen inches (15”) in width, shall be placed in guides and shall be not more than sixteen feet (16’-0”) in length. Except in multiple dwellings hereafter erected or converted, where the distance from the lowest balcony to a safe landing place is more than sixteen feet (16’-0”) but because of structural conditions, such as plate glass store fronts, etc., a balcony is not possible, the department may accept a drop-ladder in guides, if the distance from the floor of the lowest balcony to a safe landing place is not more than eighteen feet (18’-0”). No drop-ladder is required where the distance from the lowest balcony to a safe landing place does not exceed five feet (5’-0”). No drop-ladder will be permitted to land or terminate on a stoop or any part thereof unless the written approval of the Department of Buildings is obtained.

   (1) Guides. All drop-ladders shall have guides provided with stops so that the ladders cannot be raised above the same. The drop-ladder must be suspended from a point directly over the opening in the rail of the balcony and arranged to slide in the guides so as to drop in position for use. All drop-ladders shall be provided with a shoe at the bottom. The guides shall be constructed of one and one-half inches by one and one-half inches by one-quarter inch (1 1/2” × 1 1/2” × 1/4”) angle iron, and shall be not less than twenty-one inches (21”) apart.

   (2) Strings. Strings of drop-ladders must be one and one-half inches by three-eighths inch (1 1/2” × 3/8”) bar. No welded drop-ladders will be accepted unless shop welded.

   (3) Rungs. The rungs must be five-eighths inch (5/8”) in thickness, not over twelve inches (12”) apart and must be riveted to the strings.

      (v) Gooseneck ladder. The top balcony of every fire escape shall be provided with a stair or with a gooseneck ladder leading from said balcony to and above the roof, except that no such stairs or gooseneck ladders will be required in the following locations or under the following conditions:

   (1) On multiple dwellings with peak roofs having a pitch of more than twenty (20) degrees.

   (2) Where fire escapes are located on the fronts or in street courts of multiple dwellings facing upon the street. Where a multiple dwelling does not face upon the street, such as a multiple dwelling located at the rear of a lot upon which there is another building, every fire escape on such multiple dwelling shall be provided with a stair or gooseneck ladder as required above, except where the roof of such building has a pitch of more than twenty (20) degrees as stated in exception (1) above. Except as provided in exceptions (1) and (2) above, every fire escape on every hereafter erected or converted multiple dwelling, and every new Fire Escape hereafter provided on every existing multiple dwelling shall be provided with a regulation stairway from the top balcony to the roof when such buildings exceed four (4) stories in height. In such multiple dwellings exceeding four (4) stories in height when due to special structural conditions which would not permit the erection of a stair from the top balcony to the roof or where the height from the top balcony to the roof may be such as to make the installation of a stair impractical, the Department of Buildings may accept a gooseneck ladder in lieu of a regulation stairway. The top balcony of a fire escape on every multiple dwelling not exceeding four (4) stories in height may be equipped with a gooseneck ladder.

      (i) Construction and location of gooseneck ladders. The gooseneck ladder shall be fifteen inches (15”) wide and shall be so located that it will not obstruct egress from the apartment or apartments on the top floor. The effective opening between the side of any window and the string of gooseneck ladder shall be not less than twenty-four inches (24”). The gooseneck ladder must be fourteen inches (14”) from the front rail on existing balconies and twenty-one inches (21”) on balconies hereafter erected.

      (ii) Strings. The gooseneck ladder must be constructed with one piece strings of two inch by one-half inch (2” × 1/2”) wrought iron. Strings must be directly secured to the brackets or secured to a two inch by one-half inch (2” × 1/2”) bar bearing on two (2) brackets and well secured to strings and brackets by three-eighths inch (3/8”) bolts or rivets. Strings must spread at the parapet wall or roof to give a passageway of eighteen inches (18”). Strings must be tied through the wall by braces going through the parapet immediately above the roof, or, in the absence of the parapet wall, the said braces must go through the wall immediately below the ceiling of the top floor and be secured by three-quarters inch (3/4”) bolts and four inches by four inches by three-eighths inch (4” × 4” × 3/8”) washers. The gooseneck ladder strings must extend thirty inches (30”) above the roof level. Where there is a parapet, a gateway at the roof level shall be provided. The strings of the gooseneck ladder must be secured to and braced at the roof.

      (iii) Rungs. Rungs shall be of wrought iron five-eighths inch (5/8”) thick, spaced not more than twelve inches (12”) apart and shall be riveted through the strings. The top rung of all gooseneck ladders shall be level with the roof.

  1. Painting. Section 53, Multiple Dwelling Law, required new fire escapes to have two (2) coats of paint. The Department of Buildings will require these two (2) coats to be applied on contrasting colors, the first coat at the shop before erection, and the second coat applied after erection. Existing fire escapes shall be repainted whenever deemed necessary.
  2. Exceptions. Any deviations or exceptions from these rules other than those specifically mentioned herein shall be submitted to the Department of Buildings for approval. Consent and approval shall be in written form and bear the signature of the commissioner, deputy commissioner, superintendent or the person designated to sign such consent by the commissioner, deputy commissioner or superintendent.
  3. Fire escapes on frame buildings. Fire escapes shall be constructed as for brick or stone buildings with the following exceptions, and except also that balconies three feet (3’-0”) wide will be acceptable to the department.

   (1) Brackets. Horizontal members of brackets must be one and three-quarters inches by one-half inch (1 3/4” × 1/2”) wrought iron set on edge; one inch (1”) bolt end through a four inches by three-eighths inch (4” × 3/8”) iron plate, long enough to take in all brackets, secured to and bearing directly on the inside of the studs. Spaces between the studs behind such plates shall be filled in solidly with timber secured to the studs. The heel of bracket braces must rest against one and three-quarter inches by one and three-quarter inches by one-quarter high (1 3/4” × 1 3/4” × 1/4”) angle iron extended across and well secured to studs.

   (2) Top rails. Top rails shall be anchored by three-quarters inch (3/4”) bolt ends, through a four inch by three-eighths inch (4” × 3/8”) wrought iron plate spanning at least two (2) studs. Space behind plate and between studs shall be blocked solidly.

   (3) Bottom rails. Bottom rails shall be secured to the siding in a substantial manner with two (2) one and one-quarter inch (1 1/4”) No. 14 wood screws, or may be secured to the brackets where practicable.

   (4) Stairways. Stair braces shall be secured to the wall of the building by two (2) No. 14 wood screws.

  1. Outside fireproof stairs. Outside fireproof stairs shall be constructed according to approved plans and applications of the Department of Buildings. Such regulations as govern the measurements of inside stairs shall be applied to outside fireproof stairways except that in multiple dwellings not exceeding three (3) stories and basement in height, fireproof stairway leading from a front porch roof which is fireproof to the fireproof floor of an unenclosed porch will be deemed an outside fireproof stairway and such stairways may be of the same width as the ordinary fire escape stairs. Area covered by fireproof outside stairs must not encroach upon the minimum dimensions of yard or courts.

(aa) Fire towers. Fire towers shall be constructed according to approved plans and applications filed with the Department of Buildings.

(bb) Egress. Hotels and certain other class A and class B dwellings which are subject to the provisions of § 67, Multiple Dwelling Law.

   (1) Exceptions. Any such multiple dwelling, altered or erected after April fifth, nineteen hundred forty-four, and which is required to conform to the provisions of articles one, two, three, four, five, eight, nine and eleven of Multiple Dwelling Law, shall not be required to conform to the provisions of 1 RCNY § 15-10(bb)(1)(i), (2), (3) and (4).

      (i) Except in fireproof class A multiple dwellings erected under plans filed after January first, nineteen hundred twenty-five, and which were completed before December thirty-one, nineteen hundred thirty-three, and except as otherwise provided in paragraph (4) of subdivision (bb) of this section, in every such dwelling three (3) or more stories in height there shall be from each story at least two (2) independent means of unobstructed egress located remote from each other and accessible to each room, apartment or suite.

   (2) First means of egress. The first means of egress shall be an enclosed stair extending directly to a street, or to a yard, court or passageway affording continuous, safe and unobstructed access to a street, or by an enclosed stair leading to the entrance story, which story shall have direct access to a street. That area of the dwelling immediately above the street level and commonly known as the main floor, where the occupants are registered and the usual business of the dwelling is conducted, shall be considered a part of the entrance story; and a required stair terminating at such main floor or its mezzanine shall be deemed to terminate at the entrance story. An elevator or unenclosed escalator shall never be accepted as a required means of egress.

   (3) Second means of egress. The second means of egress shall be by an additional enclosed stair conforming to the provisions of 1 RCNY § 15-10(bb)(2), a fire-stair, a fire-tower or an outside fire escape. In a non-fireproof dwelling when it is necessary to pass through a stair enclosure which may or may not be a required means of egress to reach a required means of egress, such stair enclosure and that part of the public hall or corridor leading thereto from a room, apartment or suite, shall be protected by one (1) or more sprinkler heads; in a fireproof dwelling only that part of the hall or corridor leading to such stair enclosure need be so protected.

   (4) Required second means of egress – impractical. Where it is impractical in such existing dwellings to provide a second means of egress, the department may order additional alteration to the first means of egress and shafts, stairs and other vertical openings as the department may deem necessary to safeguard the occupants of the dwelling, may require the public halls providing access to the first means of egress to be equipped on each story with one (1) or more automatic sprinkler heads, and, in non-fireproof dwellings, may also require automatic sprinkler heads in the stair which serves as the only means of egress.

   (5) Public halls and corridors providing access to fire escapes. Public halls and corridors providing access to fire escapes, existing and new, are acceptable when a direct and uninterrupted line to travel to the fire escape is provided. Public halls and corridors providing access to fire escapes shall be fire-retarded or shall be equipped with automatic sprinkler heads. The fire-retarding and sprinkler installation shall be in conformity with the rules and regulations of this department and as required by § 67(3) of the Multiple Dwelling Law. All openings which provide direct access to an existing fire escape from a public hall or corridor shall be equipped with fireproof doors and assemblies with the doors self-closing or fireproof windows glazed with clear wire glass. Access to new fire escapes from such halls or corridors shall be by means of fireproof doors and assemblies with doors self-closing. Doors providing access to fire escapes from public halls or corridors may be glazed with clear wire glass.

   (6) Fire Escapes – existing and new. Existing fire escapes which are structurally strong and in good repair, having connecting stairways set at an angle of not more than sixty-five (65) degrees, may be accepted as a secondary means of egress. Except as otherwise required herein, new and existing fire escapes shall be provided with a safe landing and the termination shall lead directly to a street or to a passageway which provides access to a street. When it is impractical to provide a termination for fire escapes as specified in these rules, the Department may accept a termination from such fire escapes which leads to safety.

   (7) Supplementary means of egress. A stair, fire-stair, fire-tower, or fire escape which is supplementary to the egress requirements of 1 RCNY § 15-10(bb)(2), (3) and (4), need not lead to the entrance story or to a street, or to a yard or a court which leads to a street, provided the means of egress therefrom is approved by the Department. Fire escapes which are supplementary to the required second means of egress, including fire escapes of the inclined ladder and vertical ladder types, may remain on the dwelling if maintained in good order and repair, are structurally strong and safe and are provided with safe landing and the termination thereof leads to safety in a manner satisfactory to this Department.

   (8) Signs – supplementary means of egress. Supplementary stairs, fire-stairs, fire-towers or fire escapes which do not lead to tthe entrance story or to a street, or to a yard or court leading to a street, shall be clearly marked “NOT AN EXIT” in black letters at least four inches (4”) high on a yellow background and at the termination of each such stair, fire-stair, fire-tower or fire escape, there shall be a directional sign indicating the nearest means of egress leading to a street. All signs shall be constructed, located and illuminated in a manner satisfactory to the department.

   (9) Signs – general provisions. Every means of egress shall be indicated by a sign reading “EXIT” in red letters at least eight inches (8”) high on a white background, or vice versa, illuminated at all time during the day and night by a red light of at least twenty-five (25) watts or equivalent illumination. Such light shall be maintained in a keyless socket. On all stories where doors, openings or passageways giving access to any means of egress are not visible from all portions of such stories, directional sign shall be maintained in conspicuous locations, indicating in red on a white background, or vice versa, the direction of travel to the nearest means of egress. At least one sign shall be visible from the doorway of each room or suite of rooms. Existing signs and illumination may be accepted if, in the opinion of the Department, such existing signs and illumination serve the intent and purpose of this subdivision.

   (10) Stairs, fire-stairs and fire-towers. Stairs, fire-stairs and fire-towers hereafter provided shall be constructed according to plans and applications approved by the Department of Buildings.

  1. Egress: lodging houses.

   (1) Arrangement. There shall be at least two (2) means of unobstructed egress from each lodging-house story, which shall be remote from each other. The first means of egress shall be to a street either directly or by an enclosed stair having unobstructed direct access thereto. If the story is above the entrance story, the second means of egress shall be by an outside fire escape constructed in accordance with the provisions of section fifty-three, Multiple Dwelling Law, or by an additional enclosed stair. Such second means of egress shall be accessible without passing through the first means of egress.

   (2) Doors and windows. All doors opening upon entrance halls, stair halls, other public halls or stairs, or elevator, dumbwaiter or other shafts, and the door assemblies, shall be fireproof with the doors made self-closing by a device approved by the department, and such doors shall not be held open by any device whatever. All openings on the course of a fire escape shall be provided with such doors and assemblies or with fireproof windows and assemblies, with the windows self-closing and glazed with wire glass, such doors or windows and their assemblies to be acceptable to the department.

   (3) Aisles. There shall be unobstructed aisles providing access to all required means of egress in all dormitories. Main aisles, approved as such by the department to provide adequate approaches to the required means of egress, shall be three feet (3’-0”) or more in width, except that no aisles need be more than two feet six inches (2’-6”) wide if it is intersected at intervals of not more than fifty feet (50’-0”) by cross-over aisles at least three feet (3’-0”) wide leading to other aisles or to an approved means of egress.

   (4) Signs. Every required means of egress from the lodging-house part of the dwelling shall be indicated by a sign reading “EXIT” in red letters at least eight inches (8”) high on a white background illuminated at all times during the day and night by a light of at least twenty-five (25) watts or equivalent illumination. Such light shall be maintained in a keyless socket. On all lodging-house stories where doors, openings, passageways or aisles are not visible from all portions of such stories, and in other parts of the dwelling which may be used in entering or leaving the lodging-house part and in which a similar need exists, signs with easily readable letters at least eight inches (8”) in height, and continuously and sufficiently illuminated by artificial light at all times when the natural light is not sufficient to make them easily readable, shall be maintained in conspicuous locations, indicating the direction of travel to the nearest means of egress. At least one (1) such sign shall be easily visible from the doorway of each cubicle.

   (5) Roof egress. Access from the public hall at the top story to the roof shall be provided by means of a bulkhead or a scuttle acceptable to the Department. Every such scuttle and the stair or ladder leading thereto shall be located within the stair enclosure.

   (6) Persons accommodated. The number of persons accommodated on any story in a lodging house shall not be greater than the sum of the following components:

      (i) Twenty-two (22) persons for each full multiple of twenty-two inches (22”) in the smallest clear width of each means of egress approved by the Department, other than a fire escape.

      (ii) Twenty persons (20) for each lawful fire escape accessible from such story if it is above the entrance story.

   (7) In view of the fact that § 66, Subdivision 3 (formerly § 13, subdivision m), Multiple Dwelling Law, required lodging houses to be sprinklered throughout, including the public halls, the Department will accept existing double-rung ladder type fire escapes on the condition that such fire escapes are maintained in a good state of repair.

(dd) Ladders leading to roof scuttles. Ladders to roof scuttles as required under the provisions of §§ 187 and 233 of the Multiple Dwelling Law, shall be of incombustible material, not less than fifteen inches (15”) wide, with strings not less than one and one-half inches by three-eighths inch (1 1/2” × 3/8”), with five-eighths inch (5/8”) rungs not more than twelve inches (12”) apart. Strings of such ladders shall be secured at top and bottom and ladder must be so arranged as to permit sufficient toe hold.

Chapter 16: Inspection of Existing Structures During Construction Operations

§ 16-01 Controlled Inspection of the Stability and Integrity of Existing Structures During Construction Operations.

(a) (1) All alterations to existing structures in which loads are transferred from one system of structural elements to another such as in the installation of columns or girders to replace existing bearing walls, the creation of openings or slots in existing bearing walls, girders or floors, or where the stability or integrity of a structural system is to be temporarily diminished, shall be conducted under controlled inspection.

   (2) The Department of Buildings will not approve any plans or amendments thereto where work, as described in 1 RCNY § 16-01(a)(1), is to be performed unless a registered architect or professional engineer (hereinafter referred to as “controlled inspection architect or engineer”) retained by the contractor or owner and approved by the registered architect or professional engineer seeking approval of such plans submits to the Department a Technical Report: Statement of Responsibility (“TR-1”) or any similar document which the Department may use in the future whereby the controlled inspection architect or engineer assumes responsibility for the controlled inspection of the existing structure during construction operations to determine its stability and integrity.

    1. The details of shoring, bracing or other construction required for such work and the phasing, staging, and sequence of such operation shall be:

      (i) Shown on the structural plans that are submitted to and approved by the Department, or

      (ii) Prepared in the form of shop or detail drawings by a registered architect or professional engineer authorized, retained, or hired by the owner, contractor, or sub-contractor, and reviewed by the registered architect or professional engineer who prepared the structural plans.

  1. The controlled inspection architect or engineer shall retain a copy of the documents described in 1 RCNY § 16-01(b) in his or her office and shall provide a copy to the contractor and/or owner to be kept at the construction site.
  2. The controlled inspection architect or engineer shall determine the frequency of inspections needed and whether he or she should inspect the site personally or send a person under his or her direct supervision. At a minimum, the site must be inspected twice, once at a pre-construction meeting with the contractor and once during construction operations.
    1. The controlled inspection architect or engineer, for each job which requires the submission of a TR-1 pursuant to 1 RCNY § 16-01(a)(2), shall maintain a log in his or her office which includes the following information:

      (i) address of the premises, job number, contractor name and address, and

      (ii) date and time of each inspection including

         (A) names of personnel who inspected the site, and

         (B) any significant observations or instructions given relating to any of the following:

            ((a)) deviations from the documents described in 1 RCNY § 16-01(b);

            ((b)) anticipated field conditions;

            ((c)) proper execution of the work;

            ((d)) good engineering practice;

            ((e)) safe job-site conditions;

            ((f)) precautions taken to maintain safe conditions if work is stopped for any reason.

      (iii) the date of and participants in any conversations with the controlled inspection architect or engineer occurring off-site and relating to any significant observations or instructions specified in 1 RCNY § 16-01(e)(1)(ii)(B)((a)) through ((f)).

  1. The controlled inspection architect or engineer shall report unsafe conditions to the Department of Buildings and/or any other affected parties or agencies.
  2. Upon request of the Department, the controlled inspection architect or engineer shall make available for review by the Department documents described in 1 RCNY § 16-01(b) and the log described in 1 RCNY § 16-01(e).
  3. Exemption of Frame Structures. Frame structures shall be exempt from these rules and regulations except for the alteration of arches, rigid frames, trusses and the creation of openings exceeding 10 feet in length in bearing walls.

Chapter 17: Testing Laboratories and Testing Services

§ 17-01 Acceptance of Testing Laboratories and Testing Services.

(a) Applications for acceptance as a testing service or testing laboratory shall be submitted to the Commissioner of Buildings on forms provided by the Department.
  1. Each laboratory shall have in responsible charge a Director who shall be qualified by education, experience, or other accreditation acceptable to the Commissioner for the scope of testing performed, who shall personally supervise the testing of materials or service equipment for acceptance by the Department of Buildings.
  2. All technicians shall be qualified by education, experience, or other accreditation acceptable to the Commissioner to perform all tests they may be required to conduct under the supervision of the Director.
  3. The laboratory shall furnish to the Department of Buildings a list of all personnel who are supervising and performing tests and their qualifications.
  4. The laboratory shall furnish to the Department of Buildings a list of all the equipment used to perform tests, the manufacturer’s name, when and by whom it was last calibrated.
  5. The laboratory and its equipment may be inspected periodically by the Department of Buildings or competent independent agency acceptable to the Department. If such an agency is used, a certified copy of its report shall be submitted to the Department of Buildings.
  6. The laboratory shall correct within 10 days any condition which, in the judgment of the Department of Buildings, may adversely affect the result of any test.
  7. A list of acceptable laboratories or testing services will be maintained in the office of the Commissioner of Buildings and made available to the public.
  8. The Department shall issue a serial numbered Certificate of Acceptance which shall be prominently displayed on the test premises. Such certificate shall bear the name of the lab or service, the name of the professionally qualified Director and the field or trade for which the laboratory has established its competence.
  9. All test reports shall be presented in a form acceptable to the Department and bear the name of the laboratory or service and its acceptance number, the name of the Director who supervised the test, the names of all qualified personnel who performed the test, and the names of all witnesses.
  10. The accepted laboratory or service shall prepare and submit to the Department a copy of the certificate or label bearing its name and acceptance number which it shall be required to affix to all shipments and deliveries of material or equipment when the laboratory is engaged by the manufacturer or producer to make periodic inspections or tests of the material or equipment in the course of manufacture or production.
  11. Accepted laboratories and testing services shall be permitted to advertise the fact of their acceptance by the Department of Buildings of the City of New York for the testing of materials or equipment only in the field or trade for which they have established their competence.
  12. Any violation of these rules or misrepresentation of facts in any required report or misrepresentation in advertising shall constitute cause for revocation or suspension of acceptance by the Commissioner.

Chapter 18: Resistance To Progressive Collapse Under Extreme Local Loads [Repealed]

§ 18-01 Considerations and Evaluation. [Repealed]

Chapter 19: Master Plumbers and Licensed Fire Suppression Piping Contractors

§ 19-01 Examination, License and Conduct of the Business of Master Plumbers and Master Fire Suppression Piping Contractors.

(a) Applicability. This rule shall be applicable to the examination, licensure and conduct of the businesses of master plumber and 1 master fire suppression piping contractor.
  1. Applications. Any person desiring to obtain a license from the Commissioner of Buildings to engage in the business or trade of Master Plumber or Master Fire Suppression Piping Contractor shall file an application as required by §§ 26-145 and 148 of the Administrative Code.
  2. Qualifications. Every person applying for a Master Plumber’s license or Master Fire Suppression Piping Contractor’s license shall pass an examination and otherwise meet the qualifications of §§ 26-145, 146 and 148 of the Administrative Code.
  3. [Reserved.]
  4. Issuance of licenses, plates and renewals – fees.

   (1) Upon the certification that an applicant has satisfactorily passed a written and a practical examination, the Commissioner of Buildings shall issue to the applicant a Master Plumber’s license or Master Fire Suppression Piping Contractor’s license together with a plate and seal upon the following conditions:

      (i) Payment of a certificate fee pursuant to § 26-147 of the Administrative Code and

      (ii) Representation by the applicant, subject to verification by the Department of Buildings, that the applicant has an established “place of business” within the City of New York, and

      (iii) Payment of “licensed plumber” or “licensed fire suppression piping contractor’s license” plate and seal fees as required by § 26-147 of the Administrative Code, for which the Department of Buildings shall issue a plate for use at the premises designated by the applicant as his or her “place of business.”

      (iv) For purposes of renewal of said license, thirty to sixty calendar days prior to the license’s expiration date, the applicant shall present to the Department of Buildings, in such manner as the Commissioner may require, proof that the applicant has satisfactorily completed a seven hour continuing education course approved by the Department of Buildings within two years prior to the renewal date, as required by § 26-150.1 of the Administrative Code, and such identification and other documentation supporting his or her right to renewal as the Commissioner may require. All applicants for renewal shall be of good moral character at the time of renewal. The applicant for renewal shall pay the renewal fee required by § 26-147 of the Administrative Code. The license plate and seal shall be renewed every two years.

   (2) Where the plate or seal has been lost, and an affidavit is submitted to this effect, a new plate or seal shall be issued by the Commissioner of Buildings upon an application and payment of a fee as required by § 26-147 of the Administrative Code.

  1. Place of business regulated.

   (1) A “place of business” shall mean the location of a plumbing establishment or fire suppression piping establishment where a Licensed Master Plumber or Licensed Master Fire Suppression Piping Contractor conducts his or her business. A plumbing or fire suppression piping establishment may be conducted by a Licensed Master Plumber or Licensed Master Fire Suppression Piping Contractor under a trade name, or by a partnership or corporation, or other business association duly authorized to conduct a plumbing or fire suppression piping business.

   (2) The “place of business” is the location of the office and shop of a plumbing or fire suppression piping establishment where the office and shop are at the same location.

   (3) The “place of business” where the location of the office portion of a plumbing or fire suppression piping establishment is different from the shop portion, shall be the place where the office portion is located.

   (4) The “place of business” where no plumbing or fire suppression piping shop exists shall be the location of the office from where the Licensed Master Plumber or Licensed Fire Suppression Piping Contractor conducts his or her business.

   (5) The office portion of a plumbing or fire suppression piping establishment which is located at a different location than the shop portion, shall be the place of calling of the plumbing or licensed fire suppression piping establishment, where business mail and telephone calls are normally received, where customers and salesmen are interviewed and where the records of the business are kept.

   (6) All the limitations and restrictions for the use of “Contractor’s Establishment” as required by the Zoning Resolution shall apply to the “place of business” of a plumbing or fire suppression piping establishment where the office portion and the shop portion are at the same location.

   (7) All the limitations and restrictions for the use of “Office” as required by the Zoning Resolution shall apply to the office portion of a plumbing or fire suppression piping establishment where its location is different than the shop location. The shop location must comply with the limitation and restrictions for the use of “Contractor’s Establishment” as required by the Zoning Resolution.

   (8) All the limitations and restrictions for the use of “Office” as required by the Zoning Resolution shall apply to the office of a business where no plumbing or fire suppression piping shop exists.

  1. Master plumber’s and master fire suppression piping contractor’s license plates regulated.

   (1) The use of the license by the holder thereof shall be in accordance with §§ 26-138 and 26-141 of the Administrative Code.

   (2) Only one plate and seal shall be issued to a Licensed Master Plumber or Licensed Master Fire Suppression Piping Contractor for a “place of business” the location of which is in a district permitted by the Zoning Resolution. (See 1 RCNY §§ 19-01(f)(6), (7) and (8)).

   (3) A Licensed Master Plumber or Licensed Master Fire Suppression Piping Contractor conducting a business shall display prominently to the public in the window of the “place of business” designated in his or her application or on a sign securely attached to the said premises, his or her full name with words “Licensed Plumber” or “Licensed Master Fire Suppression Piping Contractor” immediately thereunder. If the business is conducted under a trade name, or by a co-partnership or corporation, such trade name or co-partnership or corporation name shall be placed immediately above the full name or names of the licensee(s) conducting the business as provided by § 26-148(f) of the Administrative Code.

   (4) The plate shall be kept prominently displayed to the public at the “place of business” designated in the application. The plate shall not be transferred to another address without notifying the Commissioner of Buildings and receiving his or her written approval thereof, nor shall it be transferred to or displayed in connection with any trade name, co-partnership or corporation of which the holder of such plate may become a partner or officer. Where the license is used by the holder thereof for or on behalf of a partnership, corporation or other business association as provided by § 26-138 of the Administrative Code, documents shall be filed with the Commissioner of the Department of Buildings to indicate the control or voting capital stock of such partnership, corporation or other business association.

   (5) A person retiring from the business or trade as a Master Plumber or Master Fire Suppression Piping Contractor or, in the event of the decease of a Master Plumber or Master Fire Suppression Piping Contractor, his or her legal representative shall immediately surrender the plate and license to the Commissioner of Buildings in accordance with § 26-148(h) of the Administrative Code.

   (6) A Licensed Master Plumber or Licensed Master Fire Suppression Piping Contractor to whom a plate has been issued and any corporation or partnership with which he or she is associated shall not loan, rent, sell, or transfer the privileges of such license and plate to any person for the performance of plumbing work in accordance with § 26-138 of the Administrative Code.

  1. Revocation, suspension, or cancellation of license. The Commissioner of Buildings may at any time revoke or suspend the license of a Master Plumber or Master Fire Suppression Piping Contractor for cause as provided for by § 26-151 of the Administrative Code.

§ 19-02 Continuing Education Requirements for Master Plumbers and Licensed Master Fire Suppression Piping Contractors. [Repealed]

*§ 19-03 Exemptions from Inspection and Testing Requirements. [Repealed]* ::

§ 19-04 Master Plumber and Master Fire Suppression Piping Contractor License Board – Qualification Recommendations. [Repealed]

Chapter 20: Piping Systems

§ 20-01 Witnessing Tests of Gas Piping Systems.

(a) Persons witnessing tests of gas piping systems in accordance with § 27-921(b) of the Administrative Code, other than authorized plumbing inspectors of the Department of Buildings, shall be acceptable to the Commissioner of Buildings and shall meet the following prerequisites:

   (1) Be either a registered architect, licensed professional engineer, licensed master plumber, or employee of a utility company; and,

   (2) Have at least five years experience in inspection and testing of gas piping systems, or hold a current master plumbers license.

  1. The witnessing of the test in accordance with § 27-921 and these rules shall be in person by the specifically designated person on the list maintained by the Commissioner. This authorization may not be delegated to anyone, nor can persons under his supervision witness the test in his behalf.
  2. Authorized persons on the list shall be required to maintain liability insurance of an amount acceptable to the Department.
  3. Failure of authorized persons to require compliance with law and these rules, and/or submission of a false statement will be grounds for immediate suspension or revocation of an authorized representative’s authority to conduct inspections on behalf of the Department, and the immediate suspension of a Master Plumber License; be cause for immediate referral to the Division of Professional Conduct of the State Education Department, in the case of Architects or Engineers; and be cause for immediate referral to the Public Service Commission, in the case of utility companies.
  4. Reports of the inspections or tests are required to be submitted, and shall be made on forms acceptable to the Department.
  5. No reports shall be accepted for any installations for which a prior permit has not been previously obtained from the Department.

§ 20-02 High Pressure Steam Piping Systems.

These regulations shall apply to high pressure steam piping system which is defined as a system operating at a steam pressure of more than fifteen (15) psi. In the application of these rules and regulations, loops, bends or offsets of the piping shall not be considered expansion joints.

  1. Existing systems. The following requirements are applicable:

   (1) All expansion joints, anchorage and guides which are presently not accessible to permit a complete visual inspection, shall be made accessible. Where the integrity of any shaft enclosure is impaired hereby, proper means shall be provided to maintain its integrity. All joints, including the joints so exposed, shall be inspected for any signs, visual or audible, or any escaping steam or condensation. Where there is evidence of such escaping steam in a bellows joint, immediate appropriate action shall be taken including expeditious replacement of the joint. If the escaping steam is immediately adjacent to a tenanted area, the occupants of this area shall be evacuated and shall not be permitted to return until the joint has been replaced or removed. In all cases, the joint shall be kept under intensive surveillance by the owner until such replacement or removal. In the event that the leak is progressive and has progressed to an extent as to present a hazard, the steam system or any part thereof serviced by the affected joint shall be shut down and the Department of Buildings shall be notified immediately. The Commissioner may waive the requirement for the exposure of the structural attachments to the building of the anchorage or guides upon the certification of a professional engineer to the effect that the exposure would impair a structural element of the building and specifying the basis on which he predicates his conclusion as to the adequacy of the structural attachments to the buildings of the anchorage or guides without such exposure. Upon exposure and initial inspection of the joints, the Commissioner shall be notified in writing by registered or certified mail. Such notification shall specify the type and location of the joints and the date inspected. The notification shall also contain the name of the person responsible for seeing that the inspections are made and properly recorded. Such inspections and exposure shall be made within two weeks from the effective date of this requirement. The initial inspection of the anchorage and guides shall be made within two months from the effective date of this requirement. The Commissioner shall be notified in the same manner described above of any subsequent change of the person responsible for seeing that the inspections are made and records kept. The notifications required in this paragraph shall be addressed to the Borough Superintendent of the Borough in which the system is located.

   (2) Maintenance inspections.

      (i) Expansion joints shall be inspected weekly.

      (ii) The anchorage and guides shall be inspected annually. Exposure of the structural attachments to the buildings of the anchorages or guides shall not be required where the inspection reveals no improper movement or defects in the system.

      (iii) A record of such inspections shall be kept by the person in charge of the mechanical equipment of the building or other qualified person designated by the owner and acceptable to the Commissioner. The records shall be available at the premises and subject to inspection by the Commissioner.

   (3) No joint, anchorage or guides shall be repaired, replaced or relocated, unless and until an application has been filed and the approval of the Department is obtained. The application shall contain all pertinent information and shall be filed by a licensed professional engineer, knowledgeable as to high pressure steam piping systems. He shall be responsible for the controlled inspection of the proposed work in accordance with the approval of the Department. This provision shall not apply to tthe repacking of a slip or ball joint, however, records of such repacking shall be kept in the inspection records as hereinabove provided. When, in the opinion of the professional engineer, the requirement for prior approval by the Department of Buildings would create an imminent health or safety hazard, the professional engineer may permit the work to proceed without prior approval. In such cases, he shall, prior to the repair, replacement or relocation, notify by telephone the Borough Superintendent of the borough in which the building is located; and, if the emergency occurs at other than normal working hours, he shall notify the Emergency Section by telephone at 312-8298. This shall be followed up by the filing of the application and obtaining the approval specified above.

   (4) The Commissioner, where he deems it necessary, shall require the replacement or relocation of any joints, guides or anchors. The Commissioner shall cause the joints in potentially hazardous locations such as those which are located adjacent to tenant occupied spaces to be relocated, unless means exist or are provided for eliminating the hazard.

   (5) Applicability upon completion of new high pressure Steam piping systems. Upon the completion of a new high pressure steam piping system and the approval of same by the Department, the rules relating to existing high pressure steam piping systems affecting maintenance requirements and the keeping of records shall apply.

  1. New systems. For the purpose of the application of these rules and regulations, the replacement of existing steam piping systems, the installation of a new system in existing buildings, as well as installations in buildings hereafter constructed, shall be considered to be new high pressure steam piping systems. The following requirements are applicable:

   (1) Design.

      (i) The system shall be designed by a registered architect or licensed professional engineer. An application and plans shall be filed and the approval of the Department obtained. The plans and application shall contain, but not be limited to the following information:

         (A) Size and location of all steam piping.

         (B) The operating pressures and temperatures.

         (C) The location, type, specifications and details of all expansion joints.

         (D) The design, size, material and location of all anchors, guides and auxiliary steel, and the stresses thereon.

      (ii) Systems using utility street steam shall be designed for a pressure of 200 psig and 413F up to and including the steam pressure reducing valve or valves which reduce the pressure of 90 psig or below. For steam pressures between 90 psig and 16 psig the system shall be designed for 125 psig.

   (2) Installation.

      (i) Installations (including any welding for same), shall be under controlled inspection by the engineer responsible for the design, or by a Professional Engineer acceptable to him.

      (ii) Systems using utility street steam shall be designed for a pressure of 200 psig and 413F up to and including the steam pressure reducing valve or valves which reduce the pressure of 90 psig or below. For steam pressures between 90 psig and 16 psig the system shall be designed for 125 psig.

      (iii) Welders shall be qualified for all required pipe sizes, wall thicknesses and positions in accordance with the American Society of Mechanical Engineers, Welding and Brazing Qualification, Section IX, Boiler and Pressure Vessel Code 1980, . Requalification is required every three years; or, if there is a specific reason to doubt the welders ability to make sound welds.

      (iv) Welder qualification testing shall be performed by an agency listed with the Department of Buildings, and if the testing is by radiography, the inspection shall have a minimum radiography qualification of Level II in accordance with the American Society for Non-destructive Testing, 3200 Riverside Drive, Columbus, Ohio 43221, Recommended Practice, Document No. SNT-TC-1A-1980.

      (v) Copies of the certified welder qualification reports shall be maintained by the responsible welding agency and the company performing the welding, and shall be made available upon request to the Department of Buildings.

      (vi) No reports from any welding inspection agency shall be accepted unless such agency has first requested and obtained from this Office in accordance with 2 RCNY § 25-01(q)(1) of the Board of Standards and Appeals Welding Rules.

      (vii) (A) All piping over 3 inches shall be butt welded. Piping 3 inches and under may be socket welded or threaded.

         (B) Threaded piping may continue to be used for existing construction in sizes of 6 inches and under.

         (C) The Borough Superintendent may determine where welding is not feasible and that an acceptable alternative has been provided.

      (viii) Radiographic examination, when required, shall be performed on butt welds in accordance with the following standard:

      (ix) The percentage of butt welds subject to radiographic examination shall be based on the piping pressure and shall be as follows:

AMSI/ASME B 31.1 – 1980

Piping Pressure Percentage
90 psig or below Not Required
91 psig to 150 psig 10% at Random
Over 150 psig 100%

~

However, if in the opinion of the engineer responsible for Controlled Inspection radiographic examination is not required for piping at pressure between 90 psig and 150 psig, he shall so specify in writing, and his final report on the installation may omit the foregoing, and be predicated on all of the other requirements noted above, as well as a hydrostatic test.

      (x) Testing – Hydrostatic test the completed installation at 150 percent of the design pressure for all piping pressure. Where the changes in an existing steam system involve less than 30 percent of the piping in the system, the testing may be in accordance with the ASME Power Piping Code, .

§ 20-03 Standards for Non-Mercury Gauges.

(a) Applicability. In accordance with Local Law 17 for the year 2001, the rules in this section establish minimum standards for non-mercury gauges to test gas piping, drainage and vent systems.
  1. Minimum requirements. Each gauge shall meet the following requirements:

   (1) The gauge shall be manufactured and used in accordance with the ASME B40.100-1998 Standard for Pressure Gauges and Gauge Attachments, which incorporates ASME B40.1-1998 and ASME B40.7-1998, and the manufacturer shall provide with the gauge a written statement that the gauge is manufactured in accordance with such ASME standard;

   (2) The gauge shall be labeled with the name of the manufacturer;

   (3) The gauge shall be kept in a padded separate rigid box and the manufacturer’s instructions for use and protection of the gauge shall be complied with;

   (4) The units of measurement “psi” shall appear on the face of the gauge; and

   (5) The gauge shall be kept in good working order.

  1. Analog gauges used to measure pressure in the magnitude of 3 psig. Each analog gauge used to measure pressure in the magnitude of 3 psig shall meet the following requirements in addition to satisfying the minimum requirements set forth in subdivision (b):

   (1) The face of the gauge shall not be smaller than 21/4 inches in diameter;

   (2) The gauge shall have a minimum of 270-degree dial arc;

   (3) The gauge shall be calibrated in increments of not greater than one-tenth of a pound;

   (4) The range of the gauge shall not exceed 5 psig when a 21/4 inch diameter gauge is used;

   (5) The 1/10th psig interval on the gauge shall not be smaller than 1/10th of an inch of arc;

   (6) The gauge shall be provided with an effective stop for the indicating pointer at the zero point;

   (7) The gauge shall be protected from excessive pressure with a shut off valve and prior to using the 5-psig gauge the snifter valve shall be tested with a tire gauge to determine the magnitude of pressure; and

   (8) The gauge shall have a calibration screw.

  1. Analog gauges used to measure pressure in the magnitude of 5 psig. Each analog gauge used to measure pressure in the magnitude of 5 psig shall meet the following requirements in addition to satisfying the minimum requirements set forth in subdivision (b):

   (1) The face of the gauge shall not be smaller than 21/4 inches in diameter;

   (2) The gauge shall have a minimum of 270-degree dial arc;

   (3) The gauge shall be calibrated in increments not greater than one-fifth of a pound;

   (4) The range of the gauge shall not exceed 10 psig when a 21/4 inch diameter gauge is used;

   (5) The 1/5th psig interval on the gauge shall not be smaller than 1/10th of an inch of arc;

   (6) The gauge shall be provided with an effective stop for the indicating pointer at the zero point;

   (7) The gauge shall be protected from excessive pressure with a shut off valve and prior to using the 10-psig gauge the snifter valve shall be tested with a tire gauge to determine the magnitude of pressure; and

   (8) The gauge shall have a calibration screw.

  1. Digital gauges used to measure pressure in the magnitude of 3 psig and higher. Each digital gauge used to measure pressure in the magnitude of 3 psig and higher shall meet the following requirements in addition to satisfying the minimum requirements set forth in subdivision (b):

   (1) The gauge shall have a minimum reading of 1/100th of a psig; and

   (2) An extra charged battery shall be readily available for immediate use with the gauge.

Chapter 21: Plans

§ 21-01 Limited Supervisory Check and/or Professional Certification Program for Applications and Plans.

(a) Definitions. For the purposes of this section, the following definitions shall apply:

   (1) Architect. “Architect” shall mean a person licensed and registered to practice the profession of architecture under the education law of the state of New York.

   (2) Engineer. “Engineer” shall mean a person licensed and registered to practice the profession of engineering and use the title “Professional Engineer” and the initials “P.E.” under the education law of the state of New York.

  1. Conditions of Limited Supervisory Check and/or Professional Certification. In accordance with § 27-143 of the Administrative Code of the City of New York, the Commissioner may exercise his or her discretion in designating portions of the examination of applications and plans for the construction of new buildings or the alteration of existing buildings for limited supervisory check and/or professional certification predicated upon statements and representations made by the architect or engineer of record, and his or her associates where applicable, provided the following conditions are met:

   (1) That complete and coordinated architectural, structural and mechanical plans are or have been filed.

   (2) That, where applicable, the portion for limited supervisory check be clearly and specifically identified. However, such identified portion shall not include compliance with the zoning resolution nor the exit requirements of the building code or other applicable laws.

   (3) That, where applicable, the necessary certifications and appropriate approvals have been obtained regarding the following topics or from the following agencies:

      (i) Landmarks, landmark sites and historic districts.

      (ii) Sewers.

      (iii) Urban Renewal Areas.

      (iv) Transit Authority for the effect on subways.

      (v) Compliance with General City Law, Section 35.

      (vi) Liability Insurance.

      (vii) Board of Standards and Appeals.

      (viii) Department of Environmental Protection.

      (ix) Department of Housing Preservation and Development.

      (x) Department of Transportation.

      (xi) Fire Department.

      (xii) Loft Board.

      (xiii) Department of City Planning.

      (xiv) U.S. Department of State.

      (xv) Department of Cultural Affairs.

      (xvi) Any other approval or certification of which the professional knows or should know is required prior to submitting an application.

   (4) That the architect or engineer of record and associate architects or engineers, if any, are aware that the Commissioner, in the exercise of his or her discretion in accordance with § 27-143 of the Administrative Code, will rely upon the truth and accuracy of the statements contained in the construction application made by them, and any amendments submitted in connection therewith, as to compliance with the provisions of the Zoning Resolution, the Building Code and other applicable laws and regulations.

   (5) That the architect or engineer of record and associate architects or engineers, if any, shall comply with the provisions of the Zoning Resolution, the Building Code and other applicable laws and regulations or shall resolve any non-compliance as provided in paragraph 6, below.

   (6) That, prior to the limited supervisory check and/or professional certification, any non-compliance shall be resolved by reconsideration or otherwise. Such reconsideration or other resolution shall be in writing and shall be submitted with the application that qualifies for limited supervisory check and/or professional certification.

   (7) That, should Department audit indicate a non-compliance with the Zoning Resolution, the Building Code and/or other applicable laws and regulations, the architect or engineer of record shall take the necessary remedial measures to obtain compliance.

   (8) That the owner is aware of the application and the conditions under which it is being submitted and agrees to comply with any requirement for remedial measures, if necessary.

§ 21-02 Exclusion from Limited Supervisory Check and/or Professional Certification Programs.

(a) Grounds for exclusion. The Commissioner may exclude an architect or engineer from the Department's programs for limited supervisory check and/or professional certification of applications, plans and removal of objections if the Commissioner finds that the architect or engineer has:

   (1) Displayed negligence or incompetence with regard to, or lack of knowledge of, the Building Code, the Zoning Resolution, the Department’s regulations, or other applicable laws, rules or regulations as demonstrated by plans, applications, certifications, or inspection reports submitted by the architect or engineer to the Department; or

   (2) Submitted plans, applications, certifications or inspection reports to the City that were required to be prepared by the architect or engineer or under his or her supervision but that were not prepared by the architect or engineer or under his or her supervision; or engaged in conduct evidencing a delegation of professional responsibilities to a person where the architect or engineer knew or had reason to know that such person was not qualified, by training, by experience or by licensure, to perform them; or

   (3) Knowingly or negligently made false or misleading statements on or knowingly or negligently falsified, altered or allowed a person under his or her control and/or supervision to falsify or alter any certificate, form, signed statement, application or report filed with the City, or knowingly or negligently failed to file a report or obtain any approval, certification, waiver or reconsideration required by law or the City or willfully impeded or obstructed such filing, or induced another person to do so; or

   (4) Been convicted of a criminal offense where the underlying act arises out of the architect or engineer’s professional occupation or business dealings; or

   (5) Had knowledge that any project or application filed with the Department with which the architect or engineer is involved in any capacity was fraudulent or dishonest in character and failed to report such fraudulence or dishonesty to the Department, the Department of Investigation or other relevant authority; or

   (6) Engaged in misconduct regarding his or her Department-issued Photo Identification Card; or

   (7) Engaged in any conduct related to any activity performed in connection with his or her profession that evidences a failure to comply with the provisions of Federal, State or local law, rules or regulations or a Department order or requirement; or

   (8) Impeded, obstructed or failed to cooperate with an investigation or inquiry of or failed to provide documents requested by the Commissioner or his or her designee or the Department; or

   (9) Made a material misrepresentation to persons not affiliated with the Department regarding the status of applications and/or plans filed with the Department; or

   (10) Altered, defaced or destroyed Department property, or removed Department property, including permitted folders, from Department premises; or

   (11) Offered or attempted to offer a bribe or unlawful gratuity to a Department employee or other public servant; or

   (12) Failed to maintain a copy of plans and/or related documents approved by the Department for six years after the applicant has been issued a letter of completion, a Certificate of Occupancy, or an application sign-off, whichever occurs later; or

   (13) Permitted the improper use of, or had knowledge of or failed to promptly report to the Department any improper use of his or her professional stamp, signature, or license number; or

   (14) Within a period of six months, failed two Department audits that resulted in revocations.

  1. Procedures.

   (1) Administrative charges outlining the basis for such action to exclude from the limited supervisory check and/or professional certification program shall be served upon the architect or engineer by certified mail, return receipt requested, pursuant to the Office of Administrative Trials and Hearings’ (OATH’s) Rules of Practice (Title 48 of the Rules of the City of New York).

   (2) Notwithstanding the foregoing, if the Commissioner finds that continued use of the programs for limited supervisory check and/or professional certification by the architect or engineer would likely create a serious and immediate threat to public safety or property, the Commissioner shall have the power, pending service of administrative charges, to issue an order immediately suspending the architect or engineer and his or her associates, if applicable, from limited supervisory check and/or professional certification.

  1. Hearing.

   (1) Upon a filing of the administrative charges, the architect or engineer will be scheduled for a hearing upon submitting any written objections to the administrative charges and the grounds for such objections to the Commissioner within fifteen days after the date that the notice of charges is served.

   (2) All hearings are to be held at OATH. The architect or engineer may be represented by counsel or by a duly authorized representative and may present evidence on his or her behalf.

   (3) When the Commissioner suspends an architect’s or an engineer’s limited supervisory check and/or professional certification privileges pursuant to 1 RCNY § 21-02(b)(2), the architect or engineer shall have fifteen days from the date the order is served to object and request a hearing on the order and any forthcoming administrative charges. The written objection shall include the grounds for such objection(s). Failure to make a timely objection shall result in a waiver of the right to a hearing and the Commissioner’s order shall thereupon be considered a final determination. Upon receipt of a timely objection to the order, the Commissioner or his or her representative shall promptly schedule a hearing at OATH, with due consideration given to the current OATH calendar, and serve the architect or engineer with charges and notice of such hearing pursuant to OATH’s Rules of Practice.

   (4) After the conclusion of a hearing, the OATH Administrative Law Judge shall issue proposed findings of fact and proposed conclusions of law, along with a report and recommendation to the Commissioner. The Commissioner shall review the report and recommendation issued by the OATH Administrative Law Judge and shall issue a final determination. The Commissioner shall notify the architect or engineer in writing of the final determination. Such notice shall include a written statement indicating the reason for the final determination.

   (5) After the Commissioner has rendered a final determination excluding a particular professional, all applications and plans submitted by that architect or engineer shall be subject to full review by the Department.

Chapter 22: Pressure Tanks

§ 22-01 Installation and Maintenance of Pressure Tanks Operating at a Pressure in Excess of 15 PSI and Their Proximity to Gas Supply or Service Lines.

(a) Applicability. These regulations shall apply to tanks containing water and air in combination, under pressure exceeding 15 psi above atmospheric pressure, where the pressure is supplied and maintained by pumps connected directly to the tanks.
  1. Design. The system shall be designed by a registered Architect or a Licensed Professional Engineer. An application and plans shall be filed and the approval of the department obtained. The plans and application shall contain, but not be limited to:

   (1) Size and location of high pressure tanks.

   (2) The operating pressures and temperatures.

   (3) The location, type and specifications of pressure relief valves.

  1. Location.

   (1) All high pressure tanks shall be located a clear distance of at least five feet horizontally from a gas service or distribution line or its vertical projection upon the floor.

   (2) All new high pressure tanks installations shall be located in rooms separated from gas service or distribution lines.

   (3) In cases where the spatial relationship between tanks and gas services does not comply with the regulations, it shall be the responsibility of the party responsible for the last installation to correct the violation.

  1. Installation.

   (1) Installation with the exception of welding, shall be under controlled inspection by the engineer responsible for the design, or by a Professional Engineer acceptable to him.

   (2) The welding shall be under controlled inspection of an Engineer, supervising a welding inspection agency acceptable to the Department of Buildings.

   (3) Welders shall be qualified for all pipe sizes, wall thicknesses and positions in accordance with either the American Petroleum Institute, 1801 K Street, N.W., Washington, D.C. 20006, Standard for Welding Pipelines and Related Facilities, Fourteenth Edition, January 1977, , or the American Society of Mechanical Engineers, Welding and Brazing Qualification, Section VIII, Boiler and Pressure Vessel Code, 1980, , and requalified on an annual basis.

   (4) The qualification testing shall be performed by an agency listed with the Department of Buildings, and the inspector shall have a minimum radiography qualification of Level II in accordance with the American Society for Nondestructive Testing, 3200 Riverside Drive, Columbus, Ohio 43221, Recommended Practice, Document No. SNT-TC-1A-1980.

   (5) Copies of the certified welder qualification reports shall be maintained by the responsible welding agency and shall be made available upon request to the Department of Buildings.

   (6) No reports from any welding inspection agency shall be accepted unless such agency has first requested and obtained approval from this Office, in accordance with Rule 2511(G)(1) of the Board of Standards and Appeals Welding Rules.

   (7) All welded piping shall be butt welded.

   (8) Radiography shall be performed on all butt welds in accordance with API STD 1104-1977 or ANSI/ASTM BPV-IX-1980.

   (9) Testing – A hydrostatic test of the completed installation at 150 percent of the design pressure adjusted to compensate for the difference in gas or fluid pressure and the ambient temperature shall be conducted. Where the changes in an existing system incorporating high pressure tanks involves less than 30 percent of the piping system, the testing may be in accordance with Standard Power Piping, ANSI B31.1-1980.

Chapter 23: Noncommercial Greenhouses

§ 23-01 Noncommercial Greenhouses Accessory to Residential Uses as a Permitted Obstruction in Required Rear Yards or Rear Yard Equivalents.

(a) Definitions.

Greenhouse. A greenhouse shall be defined as a glass or slow burning plastic enclosed building used for cultivating plants.

  1. Detached accessory noncommercial greenhouse. A detached accessory noncommercial greenhouse is a permitted obstruction in a required rear yard or rear yard equivalent, pursuant to § 23-44(b) of the Zoning Resolution, when it complies with the following conditions:

   (1) no portion of the greenhouse is located in a rear yard equivalent which also is a required front or side yard,

   (2) the greenhouse does not exceed ten feet above the level of the rear yard or rear yard equivalent,

   (3) the floor area of the greenhouse is included in the total floor area on the zoning lot,

   (4) the greenhouse use does not create offensive odors or dust,

   (5) the wall of the greenhouse closest to the appurtenant residential use building shall be a minimum distance of six feet from the exterior wall of such residential use building,

   (6) the greenhouse shall not be located less than 3 feet from a lot line,

   (7) the greenhouse shall be constructed of non-combustible materials and glazed with plain or wire glass or slow burning plastic,

   (8) the glass or slow burning plastic constructed roof shall be capable of supporting the live load prescribed in § 27-561(a) of the Building Code.

  1. Attached accessory noncommercial greenhouse. An attached accessory noncommercial greenhouse is a permitted obstruction in a required rear yard or rear yard equivalent, pursuant to § 23-44(b) of the Zoning Resolution when it complies with the following conditions:

   (1) no portion of the greenhouse is located in a rear yard equivalent which also is a required front or side yard,

   (2) the greenhouse roof shall be no higher than the level of the floor above the lowest residential level,

   (3) the floor area of the greenhouse is included in the total floor area on the zoning lot,

   (4) the greenhouse use does not create offensive odors or dust,

   (5) in no event shall the greenhouse project more than six feet from the plane surface of the building wall,

   (6) the greenhouse shall be constructed of noncombustible materials and glazed with plain or wire glass or slow burning plastic. The floor of the greenhouse shall be constructed as required in Table 3-4 of the Building Code, for the construction classification of the building to which it is attached and if not on grade shall be capable of sustaining a minimum live load of 75 pounds per square foot,

   (7) the roof of the greenhouse shall be constructed of glass or slow burning plastic and capable of supporting the live load prescribed in § 27-561(a) of the Building Code,

   (8) the depth of the greenhouse need not be included in the maximum permitted depth of a room, pursuant to § 30(3) of the Multiple Dwelling Law,

   (9) the greenhouse shall be provided with operable windows or jalousies, whose free openable area shall be equal to at least five percent of the combined floor area of the greenhouse, as prescribed in § 27-750 of the Building Code.

Chapter 24: Refuse Chutes and Refuse Rooms

§ 24-01 Construction and Maintenance of Refuse Chutes and Refuse Rooms.

(a) Refuse chute enclosures. Refuse chutes used for conveyance of garbage and rubbish from upper floors of a building to a cellar or other location shall be constructed with an enclosure of brick masonry at least eight inches in thickness or of reinforced concrete at least six inches in thickness, except as otherwise provided in this section.
  1. Height and service openings. Refuse chutes shall extend from the refuse collection room to a height of at least six feet above the roof. A spark arrester shall be provided at the top of the chute above the roof. Service openings into the chute shall be equipped with approved self-closing hoppers so constructed that the chute is closed off while the hopper is being loaded and so that no part will project into the chute. The area of service opening shall not exceed one third the area of the chute. Hopper doors shall have a fire resistive rating of at least one hour, unless separated from the corridor by a fireproof, self-closing door in which case they shall be constructed of incombustible material.
  2. Existing flues and refuse chutes. Flues for existing incinerators may be used for refuse chutes provided such flues are in good condition and provided the flues comply with the provisions of subdivisions (a) and (b) of this section. Existing refuse chutes may be continued in use provided they conform to the provisions of subdivisions (a) and (b) of this section, except that existing refuse chutes of other construction, which have been approved by the Department may be retained.
  3. Refuse chutes in new construction. Where refuse compacting systems are required hereafter in new construction, refuse chutes shall be required for conveyance of garbage and rubbish to refuse collection rooms, except that refuse chutes will not be required in class A multiple dwellings which are four stories or less in height. Refuse chutes erected hereafter in new construction shall be of a type approved by the board or shall comply with the requirements of subdivisions (a) and (b) of this section. Chutes shall be constructed straight and plumb, without projections of any kind within the chute. Refuse chutes shall have an inside dimension of at least twenty-four inches for the full height of the chute. All chutes shall be supported on fireproof construction having at least a three hour resistive rating.
  4. Refuse collection rooms. A refuse collection room shall be provided at the bottom of all chutes at the cellar or lowest story level to receive the refuse. Such rooms shall be enclosed with walls and roofs constructed of material having a minimum fire resistive rating of three hours, except that gypsum masonry may not be used for such enclosure walls. Openings to such rooms shall be provided with fireproof, self-closing doors having a minimum fire resistive rating of one and one-half hours. It shall be unlawful to keep such doors open. Refuse chutes shall extend to the underside of the roof of the refuse room or lower. Roofs shall be at least six inches away from combustible floor or wall construction. Refuse rooms shall be used only for receipt of refuse and for refuse compacting equipment. Refuse rooms shall be provided with sufficient sprinklers to sprinkle all parts of the room, with at least two sprinkler heads provided and with sprinklers so separated as to sprinkle a maximum area of the room when one of the sprinklers is blocked or not operating. A hose connection shall be provided within the refuse room. Existing refuse rooms and incinerator rooms that have been approved by the Department for such use may be retained as approved.
  5. Collection room floors. The floor within the room for the collection of refuse shall be constructed of concrete and shall be sloped to a floor drain within the room connected to the house drain. The drain shall be provided with a protective screen to retain solid material. Floor drain traps shall be readily accessible for cleaning.
  6. Use of existing combustion chambers. Existing incinerator combustion chambers may be used in whole or in part as refuse collecting rooms for collection of refuse and for compacting equipment provided the grates are removed and provided they comply with the provisions of subdivision (e) of this section.
  7. Sprinkler operation and water supply. Sprinklers shall be designed to operate automatically at a temperature not exceeding one hundred sixty-five degrees Fahrenheit. They may be electrically controlled provided such sprinklers are approved by the Board of Standards and Appeals. Sprinklers may be connected to the cold water supply of the building at the point where such service enters the building or at the base of a water supply riser provided the piping of such service or riser is of adequate size. No connections, except those for sprinklers, shall be made to the sprinkler piping.
  8. Hoppers, cut off doors and compactors. A hopper and cut off door shall be provided at the bottom of the refuse chute to regulate and guide the flow of refuse into containers. Where compactors are installed so that the refuse flows directly into the compacting equipment, the equipment may be used in place of the hopper and cut off door. Compacting equipment shall be arranged to operate aautomatically when the level of rubbish is not higher than three feet below the lowest door. Compactors shall be located entirely within the enclosure of the refuse room and former combustion chamber where the latter is retained, except that motors, pumps and controls may be installed in adjacent rooms. Where refuse is removed manually, the refuse shall be removed with sufficient frequency so that it will at no time extend less than three feet below the level of the lowest hopper door opening into the chute.
  9. Number of sprinkler heads. Sufficient sprinklers shall be installed in the refuse room and former combustion chamber to provide sprinkler coverage for the entire area of each unit.

   (1) Adequate lighting shall be provided in refuse rooms.

   (2) Refuse chutes, refuse rooms, hoppers and all parts of the refuse collecting system shall be maintained in a clean and sanitary condition at all times, free of vermin, odors and defects, and shall be maintained in good operating condition. Fused sprinkler heads shall be replaced promptly.

   (3) The owner shall establish a program to ensure that the refuse chute and the refuse room and appurtenances will be treated as often as may be necessary to prevent infestation with insects or rodents. The owner shall maintain a record of such treatments which shall be available at all times for inspection by the Department.

  1. These rules shall apply only to refuse chutes in new construction and to refuse chutes resulting from the conversion of existing incinerator flues and to existing refuse chutes.

   (1) Collection and disposal of refuse within premises. The collection and disposal of refuse within any building or on any premises shall be performed as deemed necessary to provide for the safety, health and well being of the occupants of buildings and of the public. The construction, operation, maintenance, cleanliness and sanitation of refuse chutes and refuse rooms and extermination treatment for insects and rodents, and the keeping of records of such treatments for refuse chutes and refuse rooms shall be in accordance with regulations established by this Department in consultation with the Department of Health.

Chapter 25: Climber and Tower Crane Riggers [Repealed]

§ 25-01 Licensing Persons as Climber or Tower Crane Rigger. [Repealed]

Chapter 27: Signs

§ 27-01 Stair and Elevator Signs in Buildings Which Have at Least One Elevator.

(a) Applicability. These rules and regulations shall apply to all buildings which have at least one elevator including:

   (1) Any existing office buildings occupied or arranged to be occupied for an occupant load of more than one hundred (100) persons above or below the street level or more than a total of five hundred (500) persons in the entire building, and

   (2) All other existing buildings which have at least one elevator, pursuant to § 27-390 of the Administrative (Building) Code, as enacted by Local Law 16 of 1984.

  1. Signs at elevator landings.

   (1) Elevator landing sign. On all floors other than the main entrance floor, a sign shall be posted and maintained on every floor at the elevator landing. The sign shall read “IN CASE OF FIRE, USE STAIRS UNLESS OTHERWISE INSTRUCTED.”

   (2) Floor diagram sign. The sign shall contain a floor diagram showing the location where it is posted and the location and letter identification of the stairs on the floor and each elevator bank.

   (3) J-2 multiple dwellings. The floor diagram sign may be omitted on all residential floors in J-2 multiple dwellings provided that:

      (i) The stair is in the line of sight from the elevator call button, and

      (ii) The stair is located a maximum of twenty (20) feet from the elevator call button, and

         (A) There is not more than one stair, or

         (B) Two sissor stairs, or

         (C) A stair or fire escape serves only an individual apartment and directional signs with arrows and reading “TO STAIRS” are provided.

  1. Location. The sign(s) shall be located:

   (1) Directly above the call button, and

   (2) Its top shall not be above six (6) feet from the floor level.

   (3) The sign(s) may be placed on the wall or an adjacent conspicuous place where there is insufficient wall space at the call button, or

   (4) The sign(s) may be placed on the elevator door(s) where there is insufficient wall space or an adjacent conspicuous place at the elevator landing. Exception: Raised signs on horizontal sliding flush type elevator doors.

  1. Floor number sign(s). Floor numbering sign(s) shall be posted and maintained within each stair enclosure on every floor. The floor numbering sign shall be posted and maintained on the stair side of the door, or if no door, nearby on the wall or an adjacent conspicuous place.
  2. Stair and elevator identification signs. Each stair and each bank of elevators shall be identified by an alphabetic letter. A sign indicating the letter of identification for the elevator bank shall be posted and maintained at each elevator landing directly above or as part of the sign specified in 1 RCNY § 27-01(b). The stair identification signs shall be posted and maintained on the occupancy and stair sides of the door, or if no door, nearby on the wall or an adjacent conspicuous place.
  3. Stair re-entry signs. Stair re-entry signs shall be posted and maintained on the stair door at each floor in buildings classified in Occupancy Group E, occupied or arranged to be occupied for an occupant load of more than a total of 500 persons in the entire building indicating re-entry is provided. The signs shall be attached approximately five feet above the floor. The signs shall read as follows and may be either independent or combined with the corresponding sign required by §§ 27-392 and 27-393:

   (1) Where no re-entry is provided:

      (i) Where no re-entry is provided from the stairs to any floor, the sign shall read “NO RE-ENTRY FROM THIS STAIR” and such sign shall be posted and maintained on the occupancy side of the stair door at each floor. No re-entry sign shall be required on the stair side of the door.

      (ii) On every floor where failsafe re-entry locking devices are installed on exit doors, a sign reading “NO RE-ENTRY FROM THIS STAIR EXCEPT DURING FIRE OR EMERGENCY” shall be posted on the occupancy side of the stair door.

   (2) Where re-entry is provided to specified floors:

      (i) On the stair side of the door at floors where re-entry is provided, the sign shall read “RE-ENTRY ON THIS FLOOR.”

      (ii) Where no re-entry is provided on that floor, the sign on the stair side of the door shall read, “NO RE-ENTRY, NEAREST RE-ENTRY ON THE  ____  AND  ____ FLOORS.” The floor numbers of the nearest re-entry below and the nearest re-entry floor above shall be entered in the blank spaces.

  1. Size of signs.

   (1) Signs for new buildings shall be limited to combined elevator landing and floor diagram signs, conforming with paragraph (4) below. Signs for existing buildings in Occupancy Group J-2 may be either independent signs as required or combined signs, conforming with the size requirements as set forth in the following subdivisions.

   (2) Elevator landing signs. Elevator landing signs shall be at least two and one-half (2 1/2) inches by ten (10) inches.

   (3) Floor diagram signs. Floor diagram signs shall be at least eight (8) inches by twelve (12) inches.

   (4) Combined elevator landing and floor diagram signs. Combined elevator landing and diagram signs shall be at least ten (10) inches by twelve (12) inches.

  1. Lettering and coloring of signs.

   (1) Lettering and background shall be in contrasting colors.

   (2) Lettering shall be of bold-type and properly spaced to provide good legibility.

   (3) The lettering and numerals of the signs shall be at least one-half inch high, except that:

      (i) Floor numbering sign numerals shall be at least three inches high.

      (ii) Elevator identification sign letters shall be at least three inches high.

  1. Material for signs.

   (1) Signs shall be of metal or other durable materials.

   (2) Fire resistive pressure sensitive vinyl decals may be permitted if the plastic is printed on the reverse side.

  1. Attachment of signs. Signs shall be securely attached to the wall or partition.
  2. Signs in existing buildings.

   (1) Signs installed prior to March 27, 1984 may be accepted by the Commissioner, provided that such signs will adequately accomplish the intended purpose.

   (2) In buildings existing prior to March 27, 1984, the Commissioner may modify the requirements as to location of signs where compliance would cause practical difficulty or undue hardship.

   (3) All existing buildings not already subject to the requirements of Local Law 5 as of January 18, 1983 shall comply with these requirements on or before October 1, 1985.

  1. Compliance date. Signs shall be installed on or before October 1, 1985.
  2. Report of compliance. Owners shall file a report with the Department of Buildings certifying that they have posted the signs in compliance with the Building Code requirements on or before October 1, 1985.

§ 27-02 Caution Sign Tapes Required on Elevators Being Serviced.

(a) In all buildings, when an automatic passenger elevator is being serviced by an elevator maintenance company, elevator maintenance personnel or other persons and there are no maintenance personnel available to remain in the elevator car. "CAUTION" sign tapes shall be placed across the car door jamb. One strip of "CAUTION" sign tape shall be placed at a height of eighteen (18) inches from the car floor and another strip of "CAUTION" sign tape shall be placed at a height of fifty-four (54) inches above the floor.
  1. The “CAUTION” sign tape shall be three (3) inches in width with the words “CAUTION – DO NOT ENTER” repeated every six (6) inches. The lettering shall be black on yellow background. The letters shall be at least two (2) inches high.

§ 27-03 Signs on any Sidewalk Shed, Fence, Railing, Footbridge, Catch Platform, Builder’s Sidewalk Shanty, and Over-the-Sidewalk Chute Erected at Demolition or Construction Sites. [Repealed]

*§ 27-04 311 Advisory Signs Required on Construction Sites. [Repealed]* ::

Chapter 28: Smoke Detecting Devices and Systems and Carbon Monoxide Detecting Devices and Systems [Repealed]

§ 28-01 Required Smoke Detecting Devices and Systems. [Repealed]

*§ 28-02 Required Carbon Monoxide Detecting Devices and Systems. [Repealed]* ::

Chapter 29: Sprinkler Systems

§ 29-01 Installation of Automatic Sprinklers in Halls and Rooms in Class “A” Multiple Dwellings Used for Single-Room Occupancy Under the Provisions of Subdivision 7-A of § 4 and § 248 of the Multiple Dwelling Law.

(a) Before the installation of any sprinkler system in any single-room occupancy building is begun, an application, together with plans and specifications for such installation shall be filed with and approved by the Department of Buildings. Plans shall show accurately, both horizontally and vertically, the arrangement and dimensions of the private halls and rooms and the areas to be sprayed by each sprinkler head. Application and specification forms may be obtained at the borough office of the Department of Buildings. Applications shall be filed in the department office in the borough in which the premises are located. Applications and specifications shall be in triplicate. Preliminary plans may be on paper. Final plans shall be filed in triplicate on paper and microfilmed. When it is proposed to supply a sprinkler system by means of a direct connection to a public water supply main, the specifications shall be accompanied by a letter from the Department of Environmental Protection, establishing the fact that the water-supply conditions and pressures are suitable to meet the requirements of these rules for water supplies for sprinklers.
  1. Sprinkler systems shall be of the automatic wet type.
  2. Water supply from public water mains will be acceptable when such supply will provide a minimum static pressure at the highest sprinkler head or heads of not less than 15 pounds per square inch. Taps connecting to public water mains must be equal in size to the main pipe line, except that: A two-inch (2”) tap connecting to the public water main and immediately increased to two-and-one-half inches (2 1/2”) direct connection to the public water main and, A one-and-one-half inch (1 1/2”) tap connecting to the public water main and immediately increased to two inches (2”) in diameter, with piping of the same diameter extending into the building, shall be considered the same as a two-inch (2”) direct connection to the public water main. The sprinkler system of each building shall have a separate and independent source of supply. When a sprinkler system is supplied direct from a public water main, it shall be separately and independently connected to the public water main. However, a house service water supply connection may be taken from the sprinkler water supply connection to the public main, on the house side of the main shut-off valve for the building, provided the diameter of the house service water supply connection does not exceed one-half of the diameter of the sprinkler water supply connection. Only one connection of the domestic water supply to the sprinkler water supply line shall be permitted and no shut-off valve shall be placed on the sprinkler supply line other than the main shut-off valve for the building on the street side of the house service water supply connection.
  3. A gravity tank upon the roof will be required when the normal minimum water pressure from the public mains is insufficient, or, in lieu of a gravity tank, a pressure tank may be installed in the basement or cellar in accordance with the requirements hereafter specified in these rules. The bottom of each gravity tank supplying the sprinkler system shall be elevated at least 20 feet above the roof. Each gravity tank shall be filled through a fixed water supply tank of at least one-and-one-half inch (1 1/2”) diameter and independent of the sprinkler pipe system, by means of an automatically controlled pump of a discharge capacity of at least 65 gallons per minute against the total head, including friction at the discharge nozzle of the pump. The tank fill line shall be standard weight pipe, galvanized steel, or brass or copper pipe. A gravity tank, if used exclusively to supply the sprinkler system, shall have an effective capacity of not less than 1,500 gallons. Gravity tanks which serve both the house supply and the sprinkler system shall have a capacity of not less than 2,500 gallons. All exposed water supply piping connecting with roof gravity tanks shall be properly protected against frost action by four layers of one inch (1”) high-grade hair felt, and each layer of hair felt shall be covered with a layer of heavy tar paper. Each wrapping must be securely fastened with heavy twine, and wrapping joints shall have a lap of not less than two inches (2”), staggered with the laps of adjacent layers. All coverings shall be finally covered with heavy canvas, and painted with two coats of water-proof paint. In lieu of the foregoing, three inch thick fiberglass in a metal shield may be used.
  4. Pressure tanks when used shall be capable of supplying actual water volume as required in subdivision (j) of this section of these rules. The required water volume shall be two-thirds of the tank capacity and that air pressure one-third. For the pressure to be maintained, pressure tanks shall be constructed and tested in accordance with the requirements of the ANSI/NFiPA 22 of Reference Standard RS 17-10 of the Administrative (Building) Code. At the end of each pressure tank there shall be a glass water level gauge, and the pressure tank must also be provided with a pressure gauge and manhole for access to the tank. The filing pump for the pressure tank shall have a capacity of 65 gallons per minute with sufficient strength to pump water into the pressure tank against full air pressure. The air compressor for the pressure tank must be capable of delivering ten cubic feet of air per minute for the permanent maintenance of the required maximum air pressure in the tank. The filling pipe from pump to air compressor must be provided with a relief valve set at 15 pounds in excess of the maximum air pressure carried in the tank.
  5. All tanks shall be supported in accordance with the provisions of the Administrative (Building) Code. All tanks shall be provided with emergency outlets in conformity with § P107.8(c) of Reference Standard RS-16 of the Administrative (Building) Code.
  6. Standard one-half inch (1/2”) spray type sprinkler heads. Each private hall and room within an apartment having single-room occupancy shall be sprinklered as hereinafter provided. In private halls within apartments, sprinkler heads shall be placed not more than fourteen feet (14’) apart. No sprinkler head in a hallway shall be distant more than seven feet (7’) from a wall, partition or end of the hall. No sprinkler protection will be required within any closet with a floor area of not more than 20 square feet provided such closet is within a room and the area of the closet is considered as part of the room area in computing the required number of heads.
  7. The term “protected area” shall be construed to mean that single-room occupancy apartment within the building requiring the greatest number of sprinkler heads. In computing the required number of heads within a “protected area,” the number of heads within the same apartment may be used on the condition that there is no connection to another apartment or private hall. Whenever there is a direct connection between two adjoining apartments, either or both of which are used for single-room occupancy, the combined connected apartments and private halls shall be considered as the “protected area.” In computing the required number of heads in a “protected area” of this type, the number of heads within the rooms in the connected apartments or the number of heads required in the private halls of such connected apartments, whichever is greater, shall be used.
  8. The total number of heads in the “protected area” requiring the greatest number of heads shall determine the required size of the main supply, including service mains, main branch, tank, down feed and riser, but in no case shall the size of the main supply be less than two inches.
  9. There shall be sufficient actual water volume to supply 25 percent of the heads in the “protected area” requiring the greatest number of heads for a period of 20 minutes at 20 gallons per minute.
  10. The number of sprinkler heads on a given size of piping shall not exceed the following:
Size of pipe diameters Maximum number or sprinkler heads allowed
1 inch 2 heads
1 1/4 inch 3 heads
1 1/2 inch 5 heads
2 inch 10 heads
2 1/2 inch 30 heads
3 inch 60 heads
3 1/2 inch 100 heads
4 inch Unlimited heads

~

  1. The sprinkler main shall not be less in size than the sprinkler rise the check valve of equal diameter to the main and the riser shall be provided on the sprinkler main. For draining the sprinkler system, a 3/4” plugged valve shall be provided on the sprinkler main just inside the aforesaid check valve. All sprinkler piping and fittings shall be so installed that they can be thoroughly drained. On the sprinkler main, an outside screw and yoke gate valve, readily accessible, must be provided near the front of the front of the building and located so as to control the water supply to all the interior sprinkler systems. The said outside screw and yoke gate valve must be sealed in an open position. If tank water supply is used for sprinklers, an outside screw and yoke gate valve shall be provided on the piping leading from the tank to the sprinkler system under conditions similar to those specified for such valves on sprinkler mains.
  2. Sprinkler risers shall not be located close to windows and all sprinkler piping shall be properly supported.
  3. Sprinkler systems shall be maintained for sprinkler use only, and connections to such sprinkler systems for any other purposes are prohibited.
  4. All piping used in sprinkler systems shall be full weight standard steel threaded pipe, well reamed and screwed up tight into fittings without reducing the waterway. Fittings shall be standard cast iron. All fittings placed inside of tank shall be of brass or other non-corroding material.
  5. Sprinkler risers shall be provided at the top for testing purposes, with a connection not less than one inch in diameter, with a valved outlet so located that same will be readily accessible at all times. When not in use, the valve shall be provided with an iron or brass plug screwed in tight.
  6. Sprinkler systems when completed shall be subjected to a hydrostatic test at a pressure of not less than 30 pounds in excess of the normal pressure required for such sprinkler systems when in service, and shall remain uncovered in every part until they have successfully passed the test. The Department of Buildings, in the borough in which the test is to be conducted, shall be notified when such test is to take place. Tests shall be conducted by the contractor or the owner of the owner’s representative, in the presence of a representative of the Building Department.
  7. Sprinkler systems shall be inspected at least once in each month by a competent representative of the owner, to ascertain that all parts of the system are in perfect working order. A detailed record of each inspection shall be kept on the premises for examination by the Fire Department, the Department of Housing Preservation and Development, and the Department of Buildings.
  8. There shall be kept available on the premises at all times a sufficient supply of extra sprinkler heads and also a sprinkler wrench for use to replace promptly any fused or damaged sprinkler heads. Any head which has opened or has been damaged shall be replaced immediately with a good sprinkler head. Sprinkler heads shall be of a type and manufacture approved by the Board of Standards and Appeals. The minimum operating temperature of all sprinkler heads shall be in the ordinary degree range. Appropriate higher degree operating temperatures shall be required in cooking spaces.

§ 29-02 Installation of Automatic Wet-Pipe Sprinklers in Certain Class A and Class B Multiple Dwellings, Including Hotels, Under the Provisions of § 67, Multiple Dwelling Law.

Effective February 25, 1949, automatic wet-pipe sprinklers used in certain Class A and Class B multiple dwellings, including hotels, shall be installed in conformity with the provisions of the Administrative Code, Subchapter 17 of Chapter 1 of Title 27, except as modified herein. These rules do not apply to sprinkler installations in converted dwellings, lodging houses or multiple dwellings used for single room occupancy.

  1. In lieu of one of the four alternate automatic sources of water supply specified in § 27-961, of the Administrative (Building) Code, a connection may be made to the domestic water supply system on the condition that:

   (1) It can be established from information obtainable from the Department of Environmental Protection that the pressure at the top of the highest riser will be 15 pounds per square inch (except as provided in 1 RCNY § 29-02(f).

   (2) If the pressure from this source is insufficient to provide a pressure of 15 pounds at the highest line of sprinklers, but is sufficient to supply a pressure of 15 pounds or more at the highest line of sprinklers, an automatic booster pump is provided, the capacity of which shall be sufficient to supply 25 percent of the standard one-half inch (1/2”) heads in the sprinkler area having the maximum number of heads, and in no event shall such supply be less than 250 gallons per minute at a pressure of at least 15 pounds at the highest sprinkler line.

   (3) A local approved type of water-flow alarm is provided, the gong so located that when it operates it may be heard by the occupants or employees, and the gong also plainly marked “Sprinkler Alarm”, in red letters one inch in height on a white background. Exception: In a sprinkler area which does not contain more than 36 heads, no water-flow alarm shall be required.

   (4) A sprinkler shut-off valve is provided conveniently accessible and its purpose clearly indicated by the words “Automatic Sprinkler Shut-Off Valve” on a sign affixed thereto.

   (5) The size of the domestic water supply line is at least equal to the size of the main sprinkler connection. Note: The provisions of Paragraph c of § 27-964 shall not apply to sprinklers installed in conformity with the provisions of 1 RCNY § 29-02(a).

  1. The capacity of gravity tanks for sprinklers shall be in conformity with the provisions of § 27-965 or such tank may be supplied by an automatic filing pump of at least 65 gallons per minute capacity, which shall be sufficient to supply 25 percent of the sprinkler heads in the largest sprinkler area for 20 minutes. The capacity of such tank shall be not less than 1,000 gallons. The bottom of the gravity tank or sprinkler supply pipe shall be not less than 20 feet above the highest supplied sprinkler line. When such elevation is not practicable, an automatic booster pump may be installed in the main sprinkler supply line in conformity with 1 RCNY § 29-02(a)(2).
  2. In lieu of complying with the provisions of § 27-965, a pressure tank located not more than one story below the highest supplied sprinkler line, filled by an automatic pump, and with a supply of water, all as described in 1 RCNY § 29-02(b) may be installed. In addition, a high-and-low air alarm shall be provided.
  3. The provisions of § 27-963(a) may be construed to permit the sprinkler connection to the street main to be the same size as main sprinkler riser, but in no instance shall it be less than two inches. A tap may be one pipe size less than the sprinkler main.
  4. § 27-935 shall apply only when the number of heads in any sprinkler area as defined in these rules exceeds 36.
  5. Standard 1/2-inch sprinkler heads. In lieu of applying the provisions of § 27-956, sprinkler heads shall be so spaced that there shall be one head for approximately 168 square feet of floor area, and shall also be spaced not more than 14 feet on centers. The distance from a wall or partition to the first sprinkler head shall not exceed seven feet, measured at right angles to the wall or partition. In multiple dwellings that are presently equipped with sprinklers, the heads in the public halls may be spaced 14 feet on centers, with the first head not more than seven feet from any wall or partition. A 12 pound static pressure will be accepted at the topmost sprinkler line, provided the sprinkler heads are spaced to cover 100 square feet or less. Sprinkler heads may be installed in covered shafts in lieu of fire-retarding on the condition that:

   (1) Such shafts are not exposed to freezing temperatures;

   (2) If ventilating louvres, windows or skylights are present in such shafts, the highest head is located a sufficient distance from such openings to prevent freezing;

   (3) One head is centered at the top of such shaft at the level of the highest ceiling;

   (4) In shafts constructed in incombustible materials, excepting windows or doors opening thereon, sprinkler heads are placed at each floor level and are staggered at alternate levels;

   (5) In shafts constructed of combustible materials, and which exceed 60 square feet in cross-sectioned area, sprinkler heads are placed at each floor level and are staggered at alternate floor levels.

  1. The protection afforded by sprinklers to stairs, halls, corridors, and other passageways shall also apply to their soffits and overlaps.
  2. These rules shall also apply to a store or other space used for business on any story where there are no sleeping rooms and which is not provided with sprinkler heads, unless such spaces are otherwise arranged in conformity with the provisions of § 61, Multiple Dwelling Law.
  3. In lieu of complying with the provisions of § 3.9.1.1 of ANSI/NFiPA 13 of Reference Standard RS 17-2 of the Administrative (Building) Code, a 1 inch valved pipe may be extended from the top of the riser to the outside of the building, or inside the building to a deep sink for testing the system, pump and alarm under water-flow conditions.
  4. Check valves, gate valves, and water meters shall be installed as and when directed by the Department of Environmental Protection.
  5. The term “sprinkler area” as used in these rules shall mean any floor space within a structure enclosed on all sides by exterior walls, fire walls, fire partitions, fire-retarded partitions, or fire-resistive partitions and doors acceptable to the Department of Housing and Buildings. The term “fire-resistive partition” as used in these rules shall mean a partition which is constructed of incombustible materials or wood studs covered on both sides with lath and plaster, plaster board, or other fire-resistive materials acceptable to the Department. Such partitions shall extend from the floor to the ceiling. All doors in such partitions shall be self closing.
  6. The sprinkler control valve shall be inspected at least once weekly by a competent person, who is employed by the owner to see that such valves are sealed open, and who holds a certificate of fitness. A record of each inspection shall be kept for examination by a representative of the Department. The provisions of § 27-957, in relation to alarm devices shall not apply to a sprinkler area which does not contain more than 36 heads in multiple dwellings, in which such weekly inspections are made.
  7. Systems installed before July 1, 1928 shall be subject to inspection and if found adequate may be accepted by the Department of Buildings. However, in such cases, a copy of the plans approved by the Fire Department shall be filed with the Department of Buildings.
  8. Where there are practical difficulties in the way of carrying out these rules, the Superintendent may permit modifications, provided that the spirit of these rules are observed and safety secured.

§ 29-03 Installation of Automatic Wet-Pipe Sprinkler Systems and Alarm Systems in Certain Class B Multiple Dwellings (Lodging Houses).

(a) Notice is hereby given that, pursuant to the provisions of Chapter 713 of the Laws of 1929, and Section 4 of Chapter 553 of the Laws of 1944, effective April 5, 1944, automatic wet pipe sprinkler systems installed in "lodging houses", shall be installed in conformity with the provisions of the Administrative Code of the city of New York.
  1. An automatic closed-circuit water-flow and valve-tamper alarm system, having at least one manual fire alarm station shall be provided in connection with the sprinkler system. This alarm system shall be connected to an approved central station which provided supervisory and maintenance service satisfactory to the fire commissioner. In connection therewith, there shall be an approved transmitter so arranged as to actuate all gongs of the interior fire alarm system whenever a water flow through the sprinkler system occurs. Interior fire alarm systems of the closed-circuit type previously installed under the rules then in force and approved by the fire commissioner may be accepted if, after inspection and test the systems are found to be adequate and in proper operating condition. Battery operated interior fire alarm systems of the open-circuit type shall be replaced with an approved closed-circuit system. In connection with these rules, the persons affected are advised to consult Article 5 of Subchapter 17 of Chapter 1 of Title 27 of the Administrative (Building) Code and §§ 15-126, 15-127 and 15-214, of the Administrative (Fire Prevention) Code of the city of New York, concerning interior fire alarm system, watchmen’s time detector system and telegraphic communication.

§ 29-04 Installation of Automatic Wet-Pipe Sprinkler Systems and Alarm Systems in Certain Class B Multiple Dwellings (Lodging Houses).

(a) Automatic wet-pipe sprinkler systems installed in lodging houses in compliance with Subdivision 3, of § 66, of the Multiple Dwelling Law shall be in conformity with the provisions of the Administrative Code, Subchapter 17 of Chapter 1 of Title 27, only to the extent that such article is not inconsistent with these amended rules.

   (1) Sprinkler systems shall be automatic wet-pipe with one automatic source of water supply.

   (2) Acceptable automatic sources of water supply shall be any one of the following:

      (i) Elevated gravity tank having a minimum capacity of 5,000 gallons and installed in accordance with § 27-965 of the Administrative (Building) Code. Effective capacity shall be determined by the largest number of heads in any floor area multiplied by 75 gallons, and shall never be less than 5,000 gallons.

      (ii) Pressure tank having a minimum capacity of 2,500 gallons and installed in accordance with § 27-965 of the Administrative (Building) Code. Effective water capacity shall be determined by the largest number of heads in any floor area multiplied by 37.5 gallons, and shall never be less than 2,500 gallons.

      (iii) Automatic fire pump having a capacity of not less than 250 gallons per minute and installed in accordance with § 27-964 of the Administrative (Building) Code.

      (iv) A direct connection to the public water main, provided it is capable of maintaining a pressure of at least 15 pounds per square inch at the top of the highest sprinkler riser, with 250 gallons of water flowing per minute at a 2-1/2-inch outlet from a hydrant at the street level within 250 feet of the building. The hydrant test shall be made between the hours of 8 a.m. and 5 p.m. on a working day. If the public water main pressure is incapable of maintaining a minimum pressure of 15 pounds per square inch as specified herein, a booster pump may be installed in conformity with these rules; or, in lieu of such booster pump, the sprinkler spacing and pipe sizes for the area not having the required minimum water pressure of 15 pounds per square inch shall be in conformity with the provisions of § 27-956 of the Administrative (Building) Code, provided that in no event the minimum water pressure at the highest sprinkler riser be less than 2 pounds per square inch. Booster pumps, if required, shall have a capacity sufficient to supply 250 gallons per minute, at a pressure of at least 15 pounds at the top of the highest sprinkler riser. All shall be installed in accordance with § 27-964 of the Administrative (Building) Code. A letter from the Department of Environmental Protection shall be filed with the application for the installation of a sprinkler system, stating the water pressure and supply conditions of the street main to which the sprinkler supply is to be connected.

   (3) One common source of water supply shall be acceptable for any contiguous buildings under the same ownership or leasehold and under the same lodging-house management, provided that each such building is fully separated by fire walls with automatic fire doors on any connecting openings. Supply mains shall be at least the size of the largest main riser in any one building and shall be arranged to be centrally located and run as directly as possible from the source of water supply to the respective risers in each building. Each building shall be provided with a separate alarm valve in accordance with 1 RCNY § 29-04(a)(8). In all other respects, the installation in each building shall comply with these rules. Supply mains shall be increased in size as may be required for adequate water supply and pressure requirements in accordance with 1 RCNY § 29-04(a)(2).

   (4) Sprinkler spacing for standard 1/2-inch heads under sheathed or plaster ceilings shall not exceed 168 square feet of protection area, with the distance between lines and between sprinklers on lines not in excess of 14 feet.

   (5) The maximum permissible number of standard 1/2-inch sprinkler heads on a given pipe-size, in one fire area, on any one story shall be as follows:

1 inch pipe 2 sprinkler heads
1 1/4 inch pipe 3 sprinkler heads
1 1/2 inch pipe 5 sprinkler heads
2 inch pipe 10 sprinkler heads
3 inch pipe 30 sprinkler heads
4 inch pipe 60 No Limit

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Branch lines should not exceed eight sprinkler heads on either side of a cross main. Areas within fire walls may be subdivided into separate fire areas by one-hour partitions. Openings in such partitions shall be protected with fireproof doors and assemblies, and such doors shall be self-closing. Areas within such subdivisions may be considered independent fire areas.

   (6) Each riser shall be of sufficient size to supply all the sprinkler heads on that riser in any one fire area according to 1 RCNY § 29-04(a)(5). The supply main shall be at least the size of the riser it serves, except that no main shall be less than two inches and shall be installed in accordance with § 27-956 of the Administrative (Building) Code.

   (7) Taps in the public water main may be one standard pipe-size smaller than the required supply main according to 1 RCNY § 29-04(a)(6), provided the supply main immediately increases at the tap to its full required size. All water main installations shall be subject to the approval of the Department of Environmental Protection.

   (8) Systems shall be equipped with an alarm valve so constructed that any flow of water in any part of the system, or the closure of any valve controlling water supply will automatically cause the interior fire alarm system and the central station alarm to operate.

   (9) Prior to the issuance of a letter of approval from the Department of Buildings as to the satisfactory installation of any system, a letter from the Department of Environmental Protection must be filed with the Department as to the size of tap and service main and its satisfactory installation.

  1. An automatic closed-circuit water-flow and valve-tamper alarm system, having at least one manual fire alarm station shall be provided in connection with the sprinkler system. This alarm system shall be connected to an approved central station which provided supervisory and maintenance service satisfactory to the fire commissioner. In connection therewith, there shall be an approved transmitter so arranged as to actuate all gongs of the interior fire alarm system whenever a water flow through the sprinkler system occurs. Interior fire alarm systems of the closed-circuit type previously installed under the rules then in force and approved by the fire commissioner may be accepted, if, after inspection and test the systems are found to be adequate and in proper operating condition. Battery operated interior fire alarm systems of the open-circuit type shall be replaced with an approved closed-circuit system. In connection with these rules, the persons affected are advised to consult Article 5 of Subchapter 17 of Chapter 1 of Title 27 of the Administrative (Building) Code and §§ 15-126, 15-127 and 15-214 of the Administrative (Fire Prevention) Code of the city of New York, concerning interior fire alarm system, watchmen’s time detector system and telegraphic communication.

§ 29-05 Installation of Automatic Wet-Pipe Sprinklers in Fireproof Multiple Dwellings Converted to Business Use.

(a) Except as otherwise provided herein, automatic wet-pipe sprinklers used in fireproof multiple dwellings, converted in a whole or in part to business use under the provisions of § 27-248 of the Administrative (Building) Code, in effect prior to December 6, 1968, and in fireproof multiple dwellings that are altered under the provisions of § 9, Subdivision 5, Paragraph b of the Multiple Dwelling Law (subdivision of large apartments) shall be installed in conformity with Subchapter 17 of Chapter 1 of Title 27 of the Administrative (Building) Code.
  1. In lieu of one of the four alternative automatic sources of water supply specified in § 27-961 of the Administrative (Building) Code, a connection may be made to the domestic water supply system on the condition that:

   (1) It can be established from information obtainable from the Department on Environmental Protection that the minimum static pressure at the top of the highest riser will be at least 15 pounds per square inch, except as otherwise provided in 1 RCNY § 29-05(g).

   (2) If the pressure from this source is insufficient to provide a minimum static pressure of 15 pounds per square inch, at the highest line of sprinklers, but is sufficient to supply a pressure of 5 pounds per square inch or more at the highest line of sprinklers, and that an automatic booster pump is provided, the capacity of which shall be sufficient to supply 250 gallons per minute at a pressure of at least 15 pounds per square inch at the highest sprinkler line.

   (3) A sprinkler shut-off valve is provided conveniently accessible, and its purpose clearly indicated by the words “Automatic Sprinkler Shut-Off Valve” on a sign affixed thereto, and that such valve is sealed open.

   (4) The size of the domestic water supply line is at least equal in size of the main sprinkler connection.

   (5) The provisions of Paragraph c of § 27-964 shall not apply to sprinklers installed in conformity with the provisions of 1 RCNY § 29-05(b).

   (6) Where the length of pipe from the furthermost sprinkler to the riser exceeds 100 feet, the pipe beyond the 100 foot distance shall be increased in size one pipe size above the size otherwise required for each 100 feet of additional length or part thereof. This provision shall not require an increase in the size of the risers.

   (7) A separate riser shall be provided in each required stair enclosure, separately controlled.

  1. The capacity of gravity tanks for sprinklers shall be in conformity with the provisions of § 27-965, or such tank may be supplied by an automatic filling pump capable of delivering at least 65 gallons per minute to the tank and shall have sufficient capacity to supply 25 percent of the sprinkler heads in the largest sprinkler area for 20 minutes, at 20 gallons per minute. The capacity of such tank shall not be less than 1,500 gallons. The bottom of the gravity tank, or the sprinkler supply pipe shall not be less than 20 feet above the highest supplied sprinkler line. When such elevation is not practicable, an automatic booster pump may be installed in the main sprinkler supply line in conformity with 1 RCNY § 29-05(b)(2).
  2. In lieu of complying with provisions of § 27-965, a pressure tank located not more than one story below the highest supplied sprinkler line, filled by an automatic pump, and with a supply of water, all as described in 1 RCNY § 29-05(c) may be installed. In addition, a high-and-low air-alarm shall be provided.
  3. § 27-963 may be construed to permit the sprinkler connection to the street main to be the same size as the main sprinkler riser, but in no instance shall it be less than 2 inches. A tap may be one pipe size less than the sprinkler main.
  4. § 27-940 shall apply only when the number of sprinkler heads in any fire area as defined in these rules exceeds 36.
  5. In lieu of applying the provisions of § 27-956, sprinkler heads shall be so spaced that there shall be one head for approximately 130 square feet of floor area, and heads shall be spaced not more than 14 feet on centers. The distance from a wall or partition to the first sprinkler head shall not exceed seven feet, measured at right angles to the wall or partition. A 12 pound minimum static pressure will be accepted at the topmost sprinkler line, provided the sprinkler heads are spaced to cover 70 square feet or less.
  6. In lieu of complying with the provisions of Section ANSI-NFiPA 13 of Reference Standard RS 17-2 of the Administrative (Building) Code, a one inch valve pipe may be extended from the top of the riser to the outside of the building, or inside the building to a deep sink for testing the system, pump and alarm under water-flow conditions.
  7. Check valves, gate valves, and water meters shall be installed as and when directed by the Department of Environmental Protection.
  8. The term “sprinkler area” as used in these rules shall mean any floor space within a structure enclosed on all sides of exterior walls, fire walls, fire partitions, or fire-proof partitions and self-closing doors acceptable to the Department of Buildings.
  9. The sprinkler control valve shall be inspected at least once weekly by a competent person, who is employed by the owner to see that such valves are sealed open, and who holds a certificate of fitness. A record of each inspection shall be kept for examination by a representative of the Department. The provisions of § 27-957 in relation to alarm devices, shall not apply to those buildings having not more than 36 heads in any sprinkler area.
  10. Where there are practical difficulties in the way of carrying out these rules, the Superintendent may permit modification, provided that the spirit of these rules are observed and safety secured.

§ 29-06 Installation of Automatic Sprinklers in the Public Halls of Multiple Dwellings Under the Provisions of § 187 (Converted Dwellings) and § 218, Subdivision 5 (Old-Law Tenements), of the Multiple Dwelling Law, and of the Sprinklers in Cooking Spaces in all Types of Multiple Dwellings Under the Provisions of § 33 of the Multiple Dwelling Law.

(a) Certification from the Department of Environmental Protection. When it is proposed to supply a sprinkler system by means of a direct connection to a public water supply main, the specifications shall be accompanied by a letter or other approved certification from the Department of Environmental Protection, establishing the fact that the water supply conditions and pressure are such that will meet the requirements of these rules for water suppliers for sprinklers.
  1. Type of system required. Sprinkler system shall be of the automatic wet type.
  2. Connection to water main. The sprinkler system of each building shall have a separate and independent source of supply except as herein otherwise specifically provided. When a sprinkler system is supplied direct from a public water main, it shall be separately and independently connected to the public water main except that one street main supply will be accepted for not more than three contiguous buildings under one ownership where such buildings are separated by fire walls, provided that the supply is brought into the center building of a group of three, and provided further, that the supply shall be adequate for the total number of sprinklers in any two buildings, but not less than 50 percent of the total number of sprinklers in all the buildings in any case. In all other respects, the installation in each building shall comply with these rules. When one street supply serves more than one building, there shall be submitted to the department evidence that an easement has been created in favor of each building for the continued use of such supply for each building. A house service water supply connection may be taken from the sprinkler water supply connection to the city main, on the house side of the main shut-off valve for the building provided the diameter of the house service water supply connection does not exceed one-half of the diameter of the sprinkler water supply connection. Only one connection of the domestic water supply to the sprinkler water supply line shall be permitted and no shut-off valve shall be placed on the sprinkler supply line, other than the main shut-off valve for the building on the street side of the house service water supply connection. (1 RCNY § 29-06(c) amended by resolution filed with City Clerk February 9, 1956.)
  3. Water pressure and supply. Water supply from public water mains will be acceptable when such supply will provide a minimum static pressure at the highest sprinkler of not less than 15 pounds per square inch. For computation of the required water pressure at the curb level to provide adequate pressure at the highest sprinkler, the following formula shall be used: Required water pressure in pounds per square inch = 0.434 H plus 15. Where H = height in feet from the curb level to the level of the highest sprinkler. When the minimum pressure in the water supply is insufficient to provide the required pressure, but is capable of providing a pressure of not less than five pounds per square inch at the highest sprinkler, an automatic centrifugal booster pump for the purpose of increasing the water pressure will be accepted under the following conditions:

   (1) The rated capacity of the pump shall be not less than 250 gallons per minute and shall be sufficient to supply at least 25 percent of the total number of sprinklers, or where there is insufficient pressure in the top story only, all the sprinklers on the top floor, at the rate of 20 gallons per minute per sprinkler. A 2 1/2-inch diameter test tee shall be attached to the discharge pipe from the pump for the purpose of testing its capacity.

   (2) There shall be a pressure regulator attached to the pump which shall be set so that the pump will automatically start operating when the water pressure at the highest sprinkler falls below 20 pounds per square inch, and cease to operate when the said pressure reaches 30 pounds per square inch.

   (3) The pump shall be attached on bypass properly valved to the sprinkler main on the house side of the main control valve. The intake and discharge pipes to the pump shall be of sufficient size to deliver the required volume of water to the system at the stated minimum pressure.

   (4) Drain valves shall be installed on the main between the main (O.S.&Y.) control valve and the intake connection to the pump and on the house side of the discharge connection to the pump. Such drain valves shall be closed by means of screw plugs.

   (5) A check valve shall be installed on the main on the inside service between the intake and discharge connections to the pump.

   (6) The intake and discharge pipes from the pump shall each be provided with an O.S.&Y. valve.

   (7) A variation of not more than two pounds per square inch, in the minimum pressure, in the street supply below the required pressure for the sprinkler system without the introduction of a booster pump or increased size in piping may be accepted by the Superintendent if in his opinion the supply is adequate. There shall be sufficient actual water volume to supply 25 percent of the heads for a period of 20 minutes at 20 gallons per minute.

  1. Roof tanks. Except as otherwise specifically provided in 1 RCNY § 29-06(d), a gravity tank upon the roof will be required when the normal minimum water pressure from the public water main is insufficient. The bottom of each gravity tank supplying a sprinkler system shall be elevated at least 20 feet above the roof. Each gravity tank shall be filled through a fixed water supply pipe of at least one and one-half inch diameter and independent of the sprinkler pipe system, by means of an automatically controlled pump of a capacity at the discharge nozzle of the pump of at least 65 gallons per minute against the total head, including friction. The tank fill line shall be standard weight pipe, galvanized steel, brass or copper pipe. The pump shall be equipped with control apparatus which will automatically start operation when the effective capacity of the tank falls below the minimum reserve supply for the sprinkler system. A gravity tank, if used exclusively to supply the sprinkler system, shall have an effective capacity of not less than fifteen hundred (1,500) gallons. Gravity tanks which serve both the house supply and the sprinkler system shall have an effective capacity of not less than twenty-five hundred (2,500) gallons with a minimum of fifteen hundred (1,500) gallons reserved for the sprinkler system. All exposed water supply piping connecting with roof gravity tanks shall be properly protected against freezing by four layers of one inch high-grade hair felt, and each layer of hair felt shall be covered with a layer of heavy tar paper. Each wrapping shall be securely fastened with heavy twine, and wrapping joints shall have a lap of not less than two inches staggered into the laps of the adjacent layers. All coverings shall be finally covered with heavy canvas sewed at seams and painted with two coats of waterproof paint. In lieu of the foregoing, three inch thick fiberglass in a metal shield may be used. Exposed gravity tanks on the roof shall be protected against freezing by means of an approved enclosure, insulation, heating coil or other means acceptable to the Super- intendent. Gravity tanks shall be supported in accordance with the provisions of § P107.8 of Reference Standard RS-16 of the Administrative (Building) Code. Gravity tanks shall be provided with emergency outlets in conformity with § P107.8 of Reference Standard RS-16 of the Administrative (Building) Code.
  2. Pressure tanks. Except as otherwise specifically provided in 1 RCNY §§ 29-06(d) and (e), a pressure tank will be required when the normal minimum water pressure from the public main is insufficient. Such pressure tank may be installed in the basement or cellar. Pressure tanks when used shall be capable of supplying actual water volume as required in 1 RCNY § 29-06(d) at a pressure of not less than 15 pounds per square inch. Pressure tanks shall be constructed and tested in accordance with the requirements of ANSI/NFiPA 22 of Reference Standard RS 17-10 of the Administrative (Building) Code. Pressure tanks shall be at least two-thirds filled with water and an air pressure by gauge shall be maintained in the tank of not less than 75 pounds plus the pressure caused by the column of water in the sprinkler system above the bottom of the tank. At the end of each pressure tank there shall be a glass water-level gauge, and the pressure tank shall also be provided with a pressure gauge and a manhole for access to the interior of the tank. The filling pump for the pressure tank shall have a capacity of not less than 65 gallons per minute against the total head including friction and air pressure of the tank. The compressor shall be powered by an electric motor which shall be equipped with control apparatus, which will automatically start the motor when the pressure in the tank drops to 75 pounds per square inch and will cut out the motor when the pressure in the tank reaches the total required pressure. The air compressor shall be capable of delivering not less than 10 cubic feet of air per minute. The filling pipe from the pump or air compressor shall be provided with a relief valve set to open at 15 pounds in excess of the maximum air pressure required in the tank.
  3. Sprinkler pressure, where required. Sprinklers shall be arranged to spray all parts of the public stairways, service stairways, their hallways, landings and soffits. Sprinkler protection shall be provided also in each closet opening on a public hall and in any permanent telephone booth placed in a public hall, but no sprinkler protection shall be required in any bathroom, water-closet compartment or shower room opening upon a public hall. There shall be two or more sprinklers installed under the soffit of each public stairs spaced not more than fourteen (14) feet apart. Sprinklers shall be provided over and under the stairway leading from the basement or cellar to the first floor, except that where the under part of the cellar stairway is completely enclosed with fireproof material, sprinklers will not be required under the soffit of such cellar stairway. Sprinkler protection shall be provided in spaces exceeding three (3) feet in height, above a public hall between the ceiling of the top story and the roof unless such spaces are properly cut off from the public hall by means of fire retarded partitions. Sprinkler protection shall be provided also on the underside of public stairhalls, stair landings and soffits which are not within stair enclosures except when such surfaces are fire-retarded. Sprinklers shall not be required in roof bulkheads or in unheated outside street vestibules. Sprinkler protection shall not be required in any auxiliary stairway extending from the lowest story to the next higher story above, on condition that such stairway is not located under any stairway leading to upper stories nor terminates in a public hall. Deflectors of sprinklers shall be placed not less than three inches nor more than ten inches below ceilings or soffits. Sprinklers shall not be located within 12 inches distance of any obstruction such as hanger, lighting fixture, etc.
  4. Tap sizes required. Taps connecting to public water mains shall be equal in size to the main pipe lines, except that: A two and one-half inch tap connecting to the public water main and immediately increased to three inches in diameter, with piping of the same diameter extending into the building, shall be considered the same as a three inch direct connection to the public water main. A two inch tap connecting to the public water main and immediately increased to two and one-half inches in diameter, with piping of the same diameter extending into the building, shall be considered the same as a two and one-half inch direct connection to the public water main. A one and one-half inch tap connecting to the public water main and immediately increased to two inches in diameter, with piping of the same diameter extending into the building, shall be considered the same as a two inch direct connection to the public water main.
  5. Pipe schedules. Except as otherwise provided in this section, the number of sprinklers on a given size of piping shall not exceed the following:
Diameter of Pipe Maximum number of sprinklers allowed
1 inch 2 sprinklers
1 1/4 inch 3 sprinklers
1 1/2 inch 5 sprinklers
2 inch 10 sprinklers
2 1/2 inch 30 sprinklers
3 inch 60 sprinklers
3 1/2 inch 100 sprinklers
4 inch Unlimited sprinklers

~

The sprinkler main shall not be less in size than the sprinkler riser and shall not be less in size than any branch it serves. Except as otherwise specifically provided in 1 RCNY § 29-06(h), the total number of sprinklers in a structure shall determine the required size of the tap, service main, risers and branches, but in no case shall the size of the main supply be less than two inches. The following sprinklers will not be counted in computing the size of the taps, mains and risers:

   (1) One sprinkler of the required sprinklers placed under the soffits of the stairs in each story when more than one sprinkler is provided.

   (2) Sprinklers placed in any closet or telephone booth opening upon a public hall.

   (3) Sprinklers placed (in lieu of fire retarding) on the underside of public stairhalls, stair landings and soffits not within the stair enclosure. The permissible number of heads may at the discretion of the Superintendent be increased by not more than 10 percent.

  1. Siamese. A sprinkler system containing 55 or more sprinklers in one building or fire area, shall be provided with an approved Fire Department Siamese Connection installed in accordance with § 27-940 of the Administrative (Building) Code.
  2. Sprinkler in existing cooking spaces. When a sprinkler is installed in the ceiling over an existing cooking space, pursuant to § 33 of the Multiple Dwelling Law, the sprinkler shall be connected with the domestic water supply of the building through a pipe of at least one inch diameter, at a point either side of the valve controlling the supply to the plumbing fixture in the cooking space. There shall be at least one sprinkler for every 49 square feet or fraction thereof of the floor area of the cooking space. Such sprinklers shall not be included in the computations for determining the size of the sprinkler piping or the necessity of a siamese as outlined in 1 RCNY §§ 29-06(i) and 29-06(j). No sprinkler shall be installed in a cooking space without a written approval from the Department of Buildings. The Superintendent may, however, waive the requirement as to the filing of the plans when, in his opinion, the nature of the alteration may be fully explained in the application.
  3. Valves. Each valve controlling water supply and each valve controlling drainage of system or test flow, shall bear a metal plate securely attached to the valve and indicating clearly the purpose of each such valve. On the sprinkler main, an outside screw and yoke gate valve, readily accessible, shall be provided near the front wall of the building and located so as to control the water supply to all of the interior sprinkler system. The said outside screw and yoke gate valve shall be sealed in an open position. If a roof tank is used as a supply for sprinklers, an outside screw and yoke gate valve shall be provided in the piping leading from the tank to the sprinkler system, under conditions similar to those specified for such valves on sprinkler mains. A check valve of equal diameter to the main shall be installed in all sprinkler mains where a building is supplied by services connected to different street mains, or where a building is equipped with a siamese connection. Such check valve shall be placed within two feet of the outlet side of the main control valve. Where a sprinkler system is supplied with both a gravity tank and a street main, a check valve shall be placed in the independent supply pipe to the tank (on the tank side of the pump) and in the main at the outlet end of the main control valve. Such check valves shall be of equal diameter to the supply pipe and the main respectively. When the sprinkler system has an auxiliary supply in the form of a siamese connection, a check valve shall be placed in a horizontal position in the down feed from the gravity tank and immediately below the roof. When a building is supplied through a pressure tank in the cellar or basement, a check valve of equal diameter to the main shall be placed in the sprinkler main on the inside service between the intake and discharge connections to the pump feeding the pressure tank. Where a sprinkler system is equipped with a booster pump, valves shall be provided in accordance with 1 RCNY § 29-06(d). All control valves in supplies to the sprinkler system shall be sealed in an open position in an approved manner. Where an underground main is used, the main control valve shall be located where readily accessible.
  4. Drainage. All sprinkler pipe and fittings shall be so installed that the system can be thoroughly drained. Where practicable, all piping shall be arranged to drain to the main drain valve. Where this is impracticable, as in the case of sprinkler piping under stair soffits, a three-quarter inch screw plug shall be provided in the lower end of such piping to permit drainage. Except where otherwise provided in the previous paragraph, sprinkler pipes shall be pitched not less than one-quarter inch in the 10 feet. Pipe shall be straightened before installation to prevent pockets which would interfere with proper drainage. For draining the sprinkler system, a three-quarter inch tee branch with a three-quarter inch plugged valve shall be provided on the sprinkler main on the house side of the main (O.S.&Y.) control valve. Where a sprinkler system is provided with check valves, the intermediate pipe between check valves shall be so arranged as to properly drain.
  5. Sprinkler specifications. Sprinklers shall be of a type and manufacture approved by the Board of Standards and Appeals and of current issue. The operating temperature of all sprinklers shall be in the ordinary degree range. Appropriate higher degree operating temperatures shall be required in cooking spaces. Any sprinkler which has opened or has been damaged shall be replaced immediately with a good sprinkler. There shall be kept available on the premises at all times at least three extra sprinklers and also a sprinkler wrench for use to replace any fused or damaged sprinklers.
  6. Pipe specifications – sleeves. All piping except underground piping used in sprinkler systems shall be full weight standard steel threaded pipe, well reamed and screwed up tight into fittings without reducing the waterway. Fittings shall be standard weight cast-iron. All fittings and pipes placed inside of tanks shall be of brass or other non-corroding material. Underground piping shall be of Extra Heavy Cast Iron Corporation pipe with bell and spriget or mechanical joints. Sprinkler piping passing through floors (other than floors in public halls) of concrete or waterproof construction, shall have properly designed substantial thimbles or sleeves projecting three to six inches above the floor to prevent possible floor leakage. The space between the pipe and sleeve should be caulked with oakum or equivalent material. If floors are of cinder concrete, thimbles or sleeves should extend all the way through to protect the piping against corrosion.
  7. Hangers and support of piping. All branches shall be adequately supported. There shall be at least one hanger for each length of pipe between sprinklers, with one hanger within 30 inches of the end sprinkler and with hangers not over 12 feet apart. Vertical piping shall be securely supported at the base and at maximum intervals of every other floor, provided that such maximum intervals are 20 feet or less. The maximum spacing between hangers on horizontal mains and risers shall be 12 feet. Hangers shall be of a substantial metal type. Sprinkler risers shall not be located within 12 inches of a window or other exterior wall opening.
  8. Frost protection. When necessary for the protection of a sprinkler system against frost, the Superintendent shall require that the public halls be heated. Exposed water supply piping shall be protected against frost in accordance with 1 RCNY § 29-06(e).
  9. Tests. Sprinkler systems when completed shall be subjected to a hydrostatic test at a pressure of not less than 30 pounds per square inch, in excess of the normal pressure required for such sprinkler system when in service, except that where a siamese is required, the test pressure shall be not less than 200 pounds per square inch. All piping shall remain uncovered in every part until it has successfully passed the test. The Department of Buildings, in the borough in which the test is to be conducted, shall be notified when such test is to take place. Tests shall be conducted by the contractor or the owner or the owner’s representative, in the presence of a representative of the Building Department. Sprinkler risers shall be provided at the top for testing purposes, with a connection not less than one inch in diameter, with a valve outlet so located that same will be readily accessible at all times. When not in use the valve shall be provided with an iron or brass plug screwed in tight.
  10. Maintenance. Each sprinkler system shall be maintained in good condition and in such manner that it will function effectively in the event of fire on the premises. The owner is responsible for the condition of his sprinkler system and shall use due diligence in keeping the system in good operating condition. Sprinkler systems shall be inspected at least once in each six months by the owner, to ascertain that all parts of the system are in perfect working order. A detailed record of each such inspection shall be kept on the premises for examination by the Department of Housing Preservation and Development, the Department of Buildings and the Fire Department.
  11. Painting. When the sprinkler system is given any kind of coating, such as whitewash or paint, care shall be exercised to see that no portion of the automatic sprinklers is covered.
  12. Alterations. No additional sprinklers shall be installed and no part of a sprinkler system shall be altered without a written approval from the Department of Buildings.
  13. Issuance of approval. Before the installation of a sprinkler system is approved and prior to the issuance of a letter of approval, there shall be filed with the Department of Buildings, in the borough in which the work has been installed, a letter from the Department of Environmental Protection indicating the size of the tap and service main and whether same has been installed in an approved manner.

§ 29-07 Installation of Wet-Pipe Sprinklers.

Rules and Regulations for the Installation of Wet-Pipe Sprinklers under the provisions of § 248, Subdivision 4, Paragraph b, Multiple Dwelling Law, in Certain Fireproof Multiple Dwellings Erected before May 16, 1913, and Converted in Whole or in Part to Single Room Occupancy Prior to December 9, 1955.

Extract from the Multiple Dwelling Law Section 248, Subdivision 4, Paragraph b. “There shall be access to a second means of egress within the apartment without passing through any public stair or public hall. On and after July first, nineteen hundred fifty-seven, every tenement used or occupied for single room occupancy in whole or part under the provisions of this section, and which does not have at least two means of egress accessible to each apartment, and extending from the ground story to the roof, shall be provided with at least two means of egress or, in lieu of such egress, every stair hall or public hall, and every hall or passage within an apartment, shall be equipped on each story with one or more automatic sprinkler heads approved by the department. Elevator shafts in such tenements shall be completely enclosed with fireproof or other incombustible material and the doors to such shafts shall be fireproof or shall be covered on all sides with incombustible material.”

  1. Except as otherwise provided herein, automatic wet-pipe sprinklers installed under the provisions of § 248, Subdivision 4, Paragraph b, Multiple Dwelling Law, in certain fireproof dwellings erected before May 16, 1913, and converted in whole or in part to single room occupancy prior to December 9, 1955, shall be installed in conformity with Subchapter 17 of Chapter 1 of Title 27 of the Administrative Code.
  2. In lieu of one of the four alternate automatic sources of water supply specified in § 27-961, Subdivision b, of the Administrative (Building) Code, a connection may be made to the domestic water supply system under the following conditions:

   (1) It can be established from the information obtainable from the Department of Environmental Protection that the minimum static pressure at the top of the highest riser will be at least 15 pounds per square inch, except as otherwise provided in 1 RCNY § 29-07(g).

   (2) If the pressure from this source is insufficient to provide a minimum static pressure of 15 pounds per square inch, at the highest line of sprinklers, but is sufficient to supply a pressure of 5 pounds per square inch or more at the highest line of sprinklers, an automatic booster pump shall be provided, the capacity of which shall be 250 gallons per minute at a pressure of at least 15 pounds per square inch at the highest sprinkler line.

   (3) A sprinkler shut-off valve is provided conveniently accessible, and its purpose is clearly indicated by the words “Automatic Sprinkler Shut-Off Valve” on a sign affixed thereto, and that such valve is sealed open.

   (4) The side of the domestic water supply line is at least equal to the size of the main sprinkler connection.

   (5) The provisions of Paragraph c of § 27-964 shall not apply to sprinklers installed in conformity with the provisions of this 1 RCNY § 29-07(b).

   (6) Where the length of pipe from the furthermost sprinkler to the riser exceeds 100 feet, the pipe beyond the 100 foot distance shall be increased in size one pipe size above the size of otherwise required, for each 100 feet of additional length or part thereof. This provision shall not require an increase in the size of the risers.

  1. The capacity for gravity tanks for sprinklers shall be in conformity with provisions of § 27-965, or such tank may be supplied by an automatic filling pump, capable of delivering at least 65 gallons per minute to the tank and shall have sufficient capacity to supply 25 percent of the sprinkler heads in the largest sprinkler area for 20 minutes, at 20 gallons per minute. The capacity of such tank shall not be less than 1,500 gallons. The bottom of the gravity tank or the sprinkler supply pipe shall not be less than 20 feet above the highest supplied sprinkler line. When such elevation is not practicable, an automatic booster pump may be installed in the main sprinkler supply line in conformity with 1 RCNY § 29-07(b)(2).
  2. In lieu of complying with the provisions of § 27-965, a pressure tank located not more than one story below the highest supplied sprinkler line, filled by an automatic pump, and with a supply of water, all as described in 1 RCNY § 29-07(c), may be installed. In addition, a high-and-low air-alarm shall be provided.
  3. Subdivision b of § 27-963(a) may be construed to permit the sprinkler connection to the street main to be the same size as the main sprinkler riser, but in no instance shall it be less than 2 inches. A tap may be one pipe-size less than the sprinkler main.
  4. When the number of sprinkler heads in any fire area as defined in these rules exceeds fifty-five (55), an approved Fire Department siamese connection shall be installed in accordance with the requirements of § 27-940 of the Administrative (Building) Code.
  5. In lieu of applying the provisions of § 27-956, sprinkler heads shall be so spaced that there shall be one head for approximately 144 square feet of floor area, and heads shall be spaced not more than 14 feet on centers. The distance from a wall or partition to the first sprinkler head shall not exceed 7 feet, measured at right angles to the wall or partition. A 12-pound minimum static pressure will be accepted at the topmost sprinkler line, provided the sprinkler heads are spaced to cover 100 square feet or less.
  6. In lieu of complying with the provisions of ANSI/NFPA 13 of Reference Standard RS 17-2 of the Administrative (Building) Code, a l-inch valve pipe may be extended from the top of the riser to the outside of the building, or inside the building to a deep sink for testing the system, pump and alarm under water-flow conditions.
  7. Check valves, gate valves, and water meters shall be installed as and when directed by the Department of Environmental Protection.
  8. Definition.

   Sprinkler area. The term “sprinkler area” as used in these rules shall mean any floor space within a structure enclosed on all sides by exterior walls, fire walls, fire partitions, or fire-proof partitions and self-closing doors acceptable to the Department of Buildings.

  1. The sprinkler control valves shall be inspected at least once weekly, by a competent person, who is employed by the owner and who holds a Certificate of Fitness to see that such valves are sealed open. A record of each inspection shall be kept for examination by a representative of the Department. The provisions of § 27-957, in relation to alarm devices, shall not apply to those buildings having more than 36 heads in any sprinkler area.
  2. In conformity with the provisions of § 27-957, sprinkler alarm devices shall be required when more than 36 heads are installed in any fire area.
  3. Where there are practical difficulties in the way of carrying out these rules, the Superintendent may permit modification, provided that the spirit of these rules are observed and safely secured.

§ 29-08 Installation of Sprinklers in Rooms of Class B Non-Fireproof Converted Dwellings and in Rooms Used for Class B Occupancy in Non-Fireproof Class A Converted Dwellings Under the Provisions of § 194 of the Multiple Dwelling Law.

(a) Applicability. Sprinklers installed in rooms of class B non-fireproof converted dwellings, and in rooms used for class B occupancy in non-fireproof class A converted dwellings shall conform to the "sprinkler rules governing the installation of automatic sprinklers in the public halls of multiple dwellings under the provisions of § 187 (Converted Dwellings) and § 218(7) (Old Law Tenements) of the Multiple Dwelling Law, and of sprinklers in cooking spaces in all types of multiple dwellings under the provisions of § 33 of the Multiple Dwelling Law," except as provided otherwise in these rules.
  1. Sprinkler protection – when required. In every room in a class B non-fireproof converted dwelling, and in every room used for class B occupancy in any non-fireproof class A converted dwelling, there shall be one or more sprinkler heads so arranged as to sprinkle all parts of such rooms. A sprinkler system in the public stairway or in the service stairway shall not be required by these rules, but sprinklers shall be provided for such stairways where required by the Multiple Dwelling Law or the provisions of other rules.
  2. Spray type sprinklers. Where approved spray type sprinkler heads are used, they shall conform to the requirements of the rules specified in subdivision (a) of this section, except that the protected area for approved 1/2 inch spray type sprinklers shall not exceed 168 square feet in area, and the distance between heads shall not exceed 14 feet and the maximum distance between such heads and a wall or partition shall not exceed 7 feet.
  3. Connection to existing sprinkler systems. Where a separate sprinkler system exists in a building and such sprinkler system was installed prior to December 15, 1956, and the sprinkler system was approved by the Department of Buildings and is in good operating condition, piping for the sprinklers in rooms may be taken from the existing sprinkler riser at each story, provided the riser has a diameter of not less than one inch. The size of the branch piping between the sprinklers and the riser shall be determined according to the number of sprinklers supplied but shall not be required to be greater in size than 1 1/4 inches in diameter, except that if the length of pipe exceeds 50 feet, the entire length of pipe shall be increased one pipe size for each 50 feet of length. Existing risers and mains of sprinkler systems shall not be required to be increased. The sprinkler heads installed in rooms shall not be counted in determining whether a siamese hose connection is required.
  4. Installation where no sprinkler system exists. Where it is required that sprinklers be provided in rooms and there is no existing approved sprinkler system in the building, a system of sprinklers shall be provided which shall conform to the requirements of the rules specified in subdivision (a) of this section and to the requirements of these rules in the same manner as if such sprinklers were existing except that mains shall be not less than 1 1/4 inches in diameter and that a siamese hose connection shall not be required, and except as follows: Where the existing water supply piping is tested at any location within the dwelling and discharges at least 20 gallons of water per minute, at a flow pressure of not less than 10 pounds per square inch at the point of delivery, the existing house water supply main may be used provided the diameter of the main is not less than 3/4 inch, and provided a static pressure of at least 15 pounds per square inch is provided at the highest sprinkler. In such case, a riser for the sprinkler system shall be connected to the water main not more than 12 inches from the point where the main enters the building and on the house side of the main house control valve. No additional branch control valves shall be permitted. The size of the riser shall be determined by the number of sprinkler heads as required by the rules specified in subdivision (a) of this section, except that the riser shall not be required to be more than 1 1/4 inches in diameter regardless of the number of sprinkler heads provided. The size of branches shall be determined by the number of sprinkler heads, except that branches shall not be required larger than 1 1/4 inches in size. Risers and branches provided for the sprinkler system shall be used for no other purpose.

§ 29-09 Installation of Chlorinated Poly Vinyl Chloride (CPVC) Sprinkler Pipe and Fittings.

(a) Storage and handling. CPVC piping shall be stored and carried in the original shipment containers whenever possible. Reasonable care should be exercised in handling the pipes. If improper handling results in splits, gouges or cuts and scratches that are not superficial in nature, the damaged section shall be cut out and discarded. Pipes must be covered with non-transparent material when stored outdoors without the original containers.
  1. Safety precautions. All solvent cements and primers for CPVC piping are flammable and shall not be used or stored near heat, spark or open flames. Cement shall be stored in closed containers at temperatures between 40°F (4.4°C) and 110°F (43°C). They shall be used only with adequate ventilation. Containers shall be kept tightly closed when not in use and covered as much as possible when in use.
  2. Certification. Individuals installing CPVC piping shall be trained and certified by the manufacturer. Documentation of such certification of the individual shall be on the job site at all times when installation work is performed.
  3. Installation.

   (1) General. Sprinkler piping systems shall be laid out so that the piping is not located adjacent to heat producing sources such as light fixtures and ballasts, steam lines, etc. which can produce an ambient temperature exceeding 150°F (66°C). CPVC pipes shall not be threaded, grooved or drilled.

   (2) Concealed installation.

      (i) For concealed installation, the minimum protection shall consist of one layer of 3/8” (10mm) gypsum wallboard or a suspended membrane ceiling with lay-in panels or tiles having a weight of not less than 0.35 pounds per square foot (1.71kg/m2) when installed with metallic support grids, or 1/2” (13mm) plywood pipe enclosure. Plywood used for pipe enclosure shall be fire-retardant treated when used in buildings of non-combustible construction.

      (ii) When pipes and fittings are installed in a plenum space, they shall not be positioned directly over open ventilation grills.

      (iii) System risers shall not be installed exposed, and shall be provided with minimum protection for concealed installation as stated above.

   (3) Exposed installation.

      (i) Exposed sprinkler piping shall be installed below a smooth, flat, horizontal ceiling construction. Positioning of sprinkler heads relative to obstructions such as, but not limited to, beams, light fixtures or decorations shall be in accordance with Reference Standard RS 17-2, 17-2A and 17-2B.

      (ii) Only quick-response sprinkler heads shall be used on exposed piping.

      (iii) Deflectors of pendent sprinklers when installed shall be not more than 4” (102mm) from the ceiling, and sidewall sprinklers not more than 6” (152mm) from the ceiling and not more than 4” (102mm) from the sidewall.

      (iv) Upright quick-response sprinklers when installed on exposed piping shall meet the following conditions:

         (a) The deflectors shall be not more than 4” (102mm) from the ceiling.

         (b) The maximum temperature rating shall be 155°F (68°C).

         (c) The maximum distance from the ceiling to the centerline of the main run of pipe shall be 71/2” (191mm).

         (d) The maximum distance from the centerline of a sprinkler head to a hanger shall be 3” (76mm).

   (4) Hangers and supports. The pipe hangers shall comply with all the requirements of RS 17-2, 17-2A and 17-2B. The hanger shall not have rough or sharp edges which come in contact with the pipe. Hangers shall not bind the pipe from movement.

      (i) The support spacing shall be as shown on the following tables and diagram:

Hangers and Supports      
Nominal Pipe Size   Maximum Support Spacing  
Inches (millimeters) Feet (meters)
13/4
51/2 (1.675)
13/4
61/2 (1.830)
11/4
61/2 (1.980)
11/2
71/2 (2.135)
21/2
81/2 (2.440)
21/2
91/2 (2.745)
31/2
101/2 (3.050)

~

Table A Maximum Support Spacing Distance End Line Sprinkler Head Drop Elbow

Nominal Pipe Size (In) Less than 100 psi (689kPa) More than 100 psi (689kPa)
3/4”(19mm)   9”(229mm)   6”(152mm)
1”(25mm) 12”(305mm)   9”(229mm)
11/4”(32mm) 16”(406mm) 12”(305mm)
11/2”-3”(38-76mm) 24”(610mm) 12”(305mm)

~

Table B Maximum Support Spacing Distance Inline Sprinkler Head Drop Tee

Nominal Pipe Size (In) Less than 100 psi (689kPa) More than 100 psi (689kPa)
3/4”(19mm) 4’ (1.220m) 3’ (0.915m)
1”(25mm) 5’ (1.525m) 4’ (1.220m)
1-1/4”(32mm) 6’ (1.830m) 5’ (1.525m)
1-1/2”-3”(38-76mm) 7’ (2.135m) 7’ (2.135m)

~

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      (ii) Vertical pipes shall be supported at each floor level or at 10 feet (3.050m) intervals whichever is less.

      (iii) Other methods of pipe support shall be as recommended by the manufacturer.

   (5) Pipe cutting. Pipes shall be cut with a wheel-type plastic-tubing cutter. If any indication of damage or cracking is evident cut off at least 2” (51mm) beyond any visible crack. Burrs and filings can prevent contact between pipe and fittings during assembly, and must be removed from the outside and inside of the pipe. A slight bevel shall be placed at the end of the pipe to ease entry of the pipe into the socket.

   (6) Pipe joints.

      (i) Primer and cement application. The pipe and fittings shall be clean and free of any moisture and debris. Primer and cement shall be applied to the joining surfaces using an applicator. Puddling of cement or primer on or within fitting and pipe must be avoided. When cementing in temperatures below 40°F (4.4°C) make certain cement has not gelled. Gelled cement must be discarded. A bead of cement should be evident around the pipe and fitting juncture. If this bead is not continuous around the socket shoulder, it should be rejected and the joint must be cut out, discarded and begun again.

      (ii) Set and cure time. The assembly must be allowed to set, without any stress on the joint, in accordance with manufacturer’s recommendations, which may vary from 1 to 5 minutes depending upon the pipe size and temperature. Refer to manufacturer’s recommendation for minimum cure times prior to pressure testing.

   (7) Sprinkler installation. Sprinklers shall be installed only after all pipes and fittings, including sprinkler head adopters, are solvent welded to the piping system and allowed to cure for a minimum of 30 minutes. Sprinkler head fittings should be visually inspected and probed with a wooden dowel to insure that the waterway and threads are clear of any excess cement. Only Teflon tape or equivalent approved by the Commissioner shall be used when installing the sprinkler heads. If a leak is detected on the sprinkler head drop when the system is pressure tested, the sprinkler head must be removed and the joint redone before reinstalling the head.

   (8) Firestopping. Pipe penetration through fire rated construction shall be firestopped as per § 27-343 of the Building Code.

  1. Hydrostatic pressure testing. After the installation is completed and cured, the system shall be pressure tested as per § 27-967 of the Building Code. Air or compressed gas must never be used for pressure testing.

Chapter 30: Storage of Certain Waste Materials

§ 30-01 Enclosures of Premises Used for Automobile Wrecking, Storage of Scrap Metal, Junk, Scrap Paper or Rags, Storage of Lumber, and Building Material or Contractors’ Yards.

(a) All existing or hereafter established yards or areas used for automobile wrecking, storage of scrap metal, junk, scrap paper or rags, including sorting of same, storage of lumber and other building materials, and open contractors' yards, unless the use is conducted entirely within a building enclosed on all sides, shall be completely enclosed by a solid fence or wall, of suitable uniform material and color at least eight feet high conforming to these rules, the Administrative Code and the applicable provisions of the Zoning Resolution.
  1. Fences or walls shall be constructed or painted uniformly with one color.
  2. No material or racks shall be placed outside of, nor extend above the height of, the enclosing wall or fence.
  3. Fences and walls shall be maintained in good condition and appearance, and weakened or broken parts shall be repaired or replaced. Where paint has peeled or weathered to disclose the material under the paint or where the paint is dirty or faded, the wall or fence shall be repainted. Paint shall cover completely the material underneath.
  4. Walls or fences shall not encroach upon the public street nor upon the adjoining property.
  5. The following establishments are exempt from the requirements of these rules:

   (1) Electrical, glazing, heating, painting, paper hanging, plumbing, roofing, or ventilating contractors’ establishments, open or enclosed with open storage limited to 5,000 square feet of lot area.

   (2) Fuel, ice, coal, or wood sales, open or enclosed limited to 5,000 square feet of area per establishment.

§ 30-02 Open Lots Used for Storage or Sale of Motor Vehicles.

(a) General.

   (1) (i) These rules shall apply to all open premises used for the storage or sale of more than four motor vehicles except as otherwise noted, including public parking lots, motor vehicle sales lots, accessory open parking spaces, etc. hereafter established and to all such existing premises hereafter enlarged or changed in location.

      (ii) Before any premises is occupied for the storage or sale of motor vehicles, plans or diagrams and application shall be filed with the Department of Buildings by an applicant and a Certificate of Occupancy obtained from the Department. Application shall be made on forms furnished by the Department. Such Certificate of Occupancy shall contain inter alia, the maximum number of vehicles to be accommodated and the type of vehicle (private passenger or commercial).

   (2) An application for or including an open parking lot shall be accompanied by a plan showing:

      (i) dimensions of the plot and its location in relation to adjoining streets;

      (ii) any structure existing or to be erected on the plot;

      (iii) the relative elevations of the parking area, curbs and adjoining yards or courts;

      (iv) the nature of the walls of adjoining structures, if any, i.e., whether masonry, frame, metal, etc.;

      (v) retaining walls to be built;

      (vi) retaining walls and open spaces, if any, on adjoining premises;

      (vii) existing curb cuts and fences;

      (viii) method of providing drainage of the lot;

      (ix) material used to surface lot;

      (x) etc. The application shall also submit such other information as may be requested by the Commissioner.

   (3) (i) Construction of curb cuts and sidewalks shall comply with the provisions of § 27-558 of the Administrative Code. No Certificate of Occupancy shall be issued unless a drop curb permit has been obtained.

      (ii) Curb cuts must be a minimum of five feet from the intersection of two street lines.

      (iii) For passenger vehicles with a capacity of not more than nine persons, the minimum width of a curb cut shall be 10 feet including splays, and the minimum width of all entrances and driveways leading to parking spaces shall be eight feet. For all other motor vehicles the minimum width of all driveways shall be 10 feet.

      (iv) No motor vehicle may be stored or parked in any location where it would obstruct a required window or required exit.

   (4) Openings in enclosures shall be restricted to vehicular entrances and exits on the street frontages. The width of a vehicular entrance and exit shall not exceed the length of the curb cut plus eight feet on each side or 46 feet, whichever is smaller.

   (5) (i) Open parking lots shall be graded to conform approximately to the elevation of the abutting sidewalks and properties and shall be maintained so that no drainage will flow onto abutting sidewalks and adjoining properties. Grade separation between the parking lot and properties may be established if masonry retaining walls approved by the Commissioner are installed.

      (ii) No resurfacing of porous surfaces shall be done which would increase the thickness to more than 1 1/2 inches after compaction. Maintenance repairs to maintain level surface or to insure adequate drainability of porous surfaces shall be preceded by breaking up and removal of existing asphaltic concrete. The Commissioner of Buildings may require suitable tests to be submitted of the materials used.

      (iii) The entrance and exit driveways between the curb line and the open parking lot shall be paved in accordance with the provisions of § 27-558 of the Administrative Code. The width of the driveway shall be the width of the opening in the enclosure.

   (6) A sign which does not comply with all the requirements of the Administrative Code and the Zoning Resolution shall not be erected or maintained. Signs which may be erected shall be made secure, neatly lettered and properly maintained.

   (7) (i) An open parking lot shall be occupied and used for the purpose stated on the Certificate of Occupancy; no other use, occupancy or service shall be conducted on the premises.

      (ii) Space used for parking shall be entirely within the lot lines of the premises. Vehicles shall not encroach upon the sidewalks. Where a zoning restriction limits parking to a portion of the plot, the limit of the parking area shall be defined by a fence, wall milling or screening erected and maintained to the satisfaction of the Commissioner.

      (iii) Every open parking lot shall be maintained in a clean and sanitary condition. The accumulation of rubbish or the storage of any kind of junk or waste is prohibited. Where a wood frame shelter, wood fence or railing are permitted, they shall be painted periodically in neat, workmanlike manner and shall be properly maintained.

  1. Additional rules to be applied where there are 10 or more motor vehicles.

   (1) Curb cuts shall conform to the requirements of § 27-480(b), except for additional street frontage over 100 feet, there may be an additional curb cut for each 50 feet of frontage or major fraction thereof.

   (2) (i) The premises shall have an enclosure on all interior lot lines and on street lines consisting of a substantial woven wire fence, iron picket fence, or masonry wall. A wood fence or railing may be acceptable at the discretion of the Commissioner in sparsely settled areas or outlying sections of the City. All enclosures shall be substantial and at least four feet high but may be omitted in cases where masonry walls of adjoining buildings abut the parking space. Such fences shall be installed in a permanent manner.

      (ii) Bumpers shall be situated not less than one foot from adjacent property liens when vehicles are parked parallel to such adjacent property lines. Bumpers shall be situated not less than four feet from adjacent property lines when parked other than parallel to such adjacent property lines.

      (iii) A steel guard rail or other substantial barrier designed in accordance with the provisions of § 27-558(b) of the Administrative Code which will prevent any part of a vehicle from extending across a property line, may be accepted m lieu of bumpers.

   (3) (i) Open parking lots which are to be operated during any portion of the time from 6 p.m. through 6 a.m. shall be adequately illuminated, and the minimum illumination shall be one-tenth of one watt per square foot of parking area, distributed over the entire area. Lights shall be provided with reflectors arranged so that the illumination is directed downward and away from adjacent buildings. Floodlights may also be used where such floodlights do not project light upon adjacent or nearby property.

      (ii) For a public parking lot, an attendant’s shelter conforming to the Construction Classification I-E of § 27-271 of the Administrative Code, 100 square feet or less in area may be erected three feet from a lot line with no fire rating of the exterior walls required. Within three (3) feet, a fire resistive rating of at least two hours is required for the wall nearest the lot line.

      (iii) Where there is an attendant’s shelter, a copy of the Certificate of Occupancy shall be posted and maintained under glass in the shelter and a copy of the plan or diagram approved by the Department of Buildings shall be kept on the premises. Certified, reduced size, legible copies may be used for this purpose.

   (4) Where strict compliance with any of these rules and regulations will create unnecessary hardship or will serve no useful purpose, the Commissioner may modify any part of these rules and regulations in a specific case if, in his opinion, the public health, safety and general welfare will not be endangered thereby, and such modification is in conformity with the general purpose of these rules and regulations.

  1. Parking lots for four or fewer motor vehicles. Where there is hereafter established, provision for 4 or less motor vehicles, the premises shall comply with the applicable provisions of the Zoning Resolution in addition to sections of the above rules numbered (a)(1)(ii), (a)(2), (a)(3)(i), (a)(3)(ii), (a)(3)(iii), (a)(3)(iv)-(a)(5)(i), (a)(5)(ii)-(6)-(a)(7)(i), (a)(7)(ii), (a)(7)(iii)-(b)(4).
  2. Existing open parking lots. Existing Open Parking Lots shall comply with the condition of their prior approval and with sections of the above rules numbered (a)(3)(i), (a)(3)(iv)-(a)(4)-(a)(5)(i), (a)(5)(ii), (a)(5)(iii)-(a)(7)(ii), (a)(7)(iii)-(b)(1)-(b)(2), (b)(2)(ii), (b)(2)(iii)-(b)(3)(i)-(b)(4). Note: Before any business is conducted on any premises coming within the scope of these regulations, the person conducting or maintaining the business shall obtain such licenses as may be necessary from the Commissioner of Licenses, Department of Consumer Affairs, as required by § 20-321 of the Administrative Code. In addition to compliance with these rules, open parking lots shall comply with applicable provisions of the Zoning Resolution and such other laws as may apply. The following rules previously promulgated by the Commissioner of Buildings will be repealed:

   (1) Public Parking Lots, filed with City Clerk October 13, 1964.

   (2) Use of Vacant Land for Outdoor Motor Vehicle Sales Lot, filed with City Clerk April 22, 1955.

   (3) Parking Spaces Accessory to Permissible Uses, filed with City Clerk, January 11, 1955.

   (4) Accessory Garages and Parking Spaces for Dwellings, filed with the City Clerk January 22, 1951.

   (5) Open Parking Lots – Proposed Rules as published in November, 1968.

Chapter 32: Walls [Repealed]

§ 32-01 The Design and Installation of Curtain Wall and Panel Wall (Non-Loadbearing Exterior Wall) Systems. [Repealed]

(See 1 RCNY § 103-04)

Chapter 34: Electrical Code Rules

Subchapter A: Phase-in of Electrical Code Technical Standards

§ 34-01 Phase-in of New Standards for Electrical Work. [Repealed]

*§ 34-02 Review of Applications for Electrical Permits and Certificates of Electrical Inspection During the Phase-in Period. [Repealed]* ::

§ 34-03 Temporary Certification to Perform Low Voltage Electrical Work. [Repealed]

*§ 34-04 Definitions.* ::

For the purposes of this chapter, the following terms shall have the following meanings:

Electrical Code. The term “Electrical Code” means Chapter 3 of Title 27 of the Administrative Code of the City of New York. Such term shall include the Electrical Code Technical Standards.

Electrical Code Technical Standards. The term “Electrical Code Technical Standards” means the edition of the National Fire Protection Association NFPA 70 National Electrical Code (“NEC”) currently adopted by New York City with such amendments as may be enacted by local law.

§ 34-05 Electrical Advisory Board. [Renumbered]

* Editor's note: See 1 RCNY § 4000-01 for current provisions.

§ 34-06 Electrical Code Revision and Interpretation Committee.

In accordance with section 27-3005(a)(7) of the Administrative Code, the Commissioner shall appoint a special committee to be known as the “electrical code revision and interpretation committee”. The committee may propose to the commissioner local amendments to the NEC and shall, upon request, provide interpretations and clarifications of the Electrical Code Technical Standards. The number of members and their organizational affiliations shall be at the discretion of the Commissioner. The members of the committee shall be appointed annually and shall serve at the pleasure of the Commissioner. The Committee shall have a Chair, Vice-Chair and Secretary appointed annually by the Commissioner. All proposed local amendments to the NEC adopted or considered for adoption by the city shall be submitted to the committee for review.

§ 34-07 Electrical Code Advisory Committee.

In accordance with section 27-3005(a)(7) of the Administrative Code the Commissioner shall appoint a special committee to be known as the “electrical code advisory committee”. The committee shall advise the Commissioner regarding the approval of local amendments to the NEC proposed by the Electrical Code Revision and Interpretation Committee and the implementation of such amendments, and shall act as a conduit between the Department and the electrical industry regarding such proposed amendments and their implementation. The members of the committee shall be appointed annually and shall serve at the pleasure of the Commissioner. The number of members and their organizational affiliations shall be at the discretion of the Commissioner. The Committee shall have a Chair, Vice-Chair and Secretary appointed annually by the Commissioner. The Commissioner shall submit all local amendments to the edition of the National Fire Protection Association NFPA 70 NEC currently adopted or being considered for adoption by the city to the committee for review.

Chapter 35: Electrical Inspection

§ 35-01 Designation of Private Agencies to Perform Electrical Inspections in the City of New York.

(a) Grounds for certification and renewal of certification. The commissioner may grant and each January thereafter renew certification of private electrical inspection agencies, provided:

   (1) the agency applying for certification certifies in writing that each of the inspectors it shall employ to conduct the inspections permitted by § 27-3005(2)(b) of the Administrative Code shall possess five years experience as an electrician or inspector of electrical installation; or three years of experience as an electrician or inspector of electrical installation plus two years of education at an accredited college technical school in a program emphasizing courses in electrical installations or education toward a baccalaureate degree in Electrical Engineering or Engineering Technology with an emphasis on electrical installation or repair. Two of the requisite years of working experience as an electrician or inspector of electrical installation shall be experience in the installation of lighting, heating and power. Experience and education must be acceptable to the Department of Buildings and is subject to the Commissioner’s review and approval; and

   (2) the agency possesses

      (i) a general liability insurance policy in excess of $5 million, and

      (ii) worker’s compensation insurance for its employees and submits copies of the Insurance Certificates to the Commissioner; and

   (3) the agency furnishes the names of its inspectors and documentation supporting the experience required by 1 RCNY § 35-01(a)(1) hereof, and thereafter promptly advises the commissioner of any changes in personnel affecting the inspection permitted; and

   (4) the agency prohibits its inspectors and other employees from accepting any gratuities or other benefit for work performed pursuant to these regulations and § 27-3005(2)(b) of the Administrative Code; and

   (5) the agency does not conduct an inspection pursuant to § 27-3005(2)(b) of the Administrative Code of any work performed by any of its own officers, employees, or any other person associated with the agency; and

   (6) the agency has a legal place of business within the city of New York (P.O. Box not acceptable).

  1. Right to deny or revoke certification.

   (1) The commissioner or his designee may deny or revoke certification where investigation reveals any of the following:

      (i) the agency has failed to comply with any of the provisions enumerated in 1 RCNY § 35-01(a);

      (ii) the agency has knowingly made false or misleading statements, or knowingly falsified or allowed to be falsified any certificate, form, signed statement, application, or report filed with the department, or failed to file a report required by law or the department or willfully impeded or obstructed such filing, or induced another person to do so; (iii) the agency engages in any other conduct evidencing a willful or grossly negligent failure to comply with provisions of state or local law, or rules or regulations promulgated pursuant to statutory authority; or

      (iv) the agency engages in any other conduct evidencing a departure from the standard or good character applicable to the trade of licensed electrician.

   (2) Where the commissioner or his designee, in his or her discretion, deems the certification of the agency shall be revoked, the agency shall be entitled to a hearing before the Office of Administrative Trials and Hearings as provided by rules promulgated by the department.

   (3) Where the commissioner or his designee, in his or her discretion, deems that continued certification of the agency would be likely to create a condition of imminent peril to public safety, the revocation determination shall be effective immediately. In such an instance, the agency shall be entitled to a hearing pursuant to 1 RCNY § 35-01(b)(2) at the next available scheduled hearing session before the Office of Administrative Trials and Hearings.

  1. Contractual obligation.

   (1) A contractual agreement between the agency and the City of New York is required in order for the agency to perform electrical inspections for the City of New York.

   (2) Certification by the Commissioner is a prerequisite for participation in the contracting process.

§ 35-02 Payment of Fees for Certificates of Electrical Inspection.

(a) All applications for a certificate of electrical inspection for electrical work filed with the Department of Buildings shall specify a completion date for such work. No certificates of electrical inspection, other than temporary certificates for electrical service, shall be issued, unless and until the required total application fee or fees therefor shall have been paid to the commissioner.
  1. The fees required to be paid pursuant to 27-3018(b) of the Administrative Code shall be paid as follows:

   (1) The filing fee set forth in 27-3018, subdivision (b) of the Administrative Code shall be paid upon the filing of the application for a certificate of electrical inspection.

   (2) (i)  The licensee shall schedule an inspection within thirty (30) days after the completion date specified on the application in accordance with procedures established by the Department. The remainder of the total fee, based upon the work listed on the application, shall be due and payable upon completion of the scheduled inspection by the Department. Upon completion of the inspection and the Department’s determination that the work performed is complete and in compliance with the applicable provisions of the Electrical Code and upon the Department’s having received full payment of applicable fees, including any additional fee payable under paragraph (4) of this subdivision, a certificate of electrical inspection shall be issued to the licensee.

      (ii) if the licensee fails to schedule an inspection in accordance with Department’s procedures within thirty days after the completion date specified on the application for a certificate of electrical inspection, or such date as extended by the Department, or cancels a scheduled inspection appointment with less than forty-eight (48) hours notice, or cancels a scheduled inspection more than forty-eight (48) hours prior to the inspection without scheduling an alternative date in accordance with Department procedures, or fails to provide access for the scheduled inspection, or if upon inspection it is determined by the Department that the work is not complete, or the scope of the work exceeds the scope of work indicated on the application or the work is not in compliance with the Electrical Code, the remainder of the total fee shall be due and payable immediately.

   (3) Where the remainder of the total fee is due and payable immediately, as provided in paragraph (2)(ii) above, the licensee shall continue to be required to schedule an inspection(s) in the same manner as the initial inspection until the Department determines that the work performed conforms with the scope of the work indicated on the application and is in compliance with the applicable provisions of the Electrical Code. Upon such a determination and upon the Department’s having received full payment of applicable fees, including any additional fee payable under paragraph (4) of this subdivision, a certificate of electrical inspection shall be issued to the licensee.

   (4) Any additional fee, based on amendments to the original application that include additional work, must be paid prior to the issuance of a certificate of electrical inspection.

Chapter 36: Electrical Contractors

§ 36-01 Evaluation of Educational Experience of Applicants for Electrical Contractor Licenses.

(a) Experience. Any applicant for an electrical contractor's license must have experience in the installation, alteration and repair of wiring and appliances for electrical light, heat and power in or on buildings as set forth in New York City Administrative Code § 27-3010. In evaluating this experience, credit may be given for the educational experience of applicants who have attended courses in a recognized vocational, industrial or trade school in electrical wiring, installation and design, or applied electricity.
  1. Description of course credit in recognized vocational, industrial or trade schools in electrical wiring, installation and design, or applied electricity.

   (1) A recognized vocational, industrial or trade school in electrical wiring, installation and design, or applied electricity, is one offering a comprehensive curriculum of classes and practical laboratories taught in a logical progression to complete a specific course of study in electricity, as set forth in the description of the instructional program in residential, industrial and commercial electricity contained in the New York State Education Department guidelines for trade and industrial education, or the equivalent as determined by the Commissioner of Buildings upon the recommendation of the New York City Electrical License Board.

   (2) A curriculum year of credit shall be no less than 200 classroom hours comprised of 20 percent lecture hours and 80 percent practical laboratory hours, or the equivalent as determined by the Commissioner of Buildings upon the recommendation of the New York City Electrical License Board.

§ 36-02 Impact of Periods of Unemployment upon Applications for Electrician’s Licenses.

(a) Applicability. Pursuant to New York City Administrative Code § 27-3010, any applicant for a master or special electrician's license shall have had, immediately preceding his or her application, at least seven and one-half (71/2) years of experience in the installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings. In evaluating this experience, the Department recognizes that periods of unemployment may make continuous employment for the seven and one-half (71/2) years preceding his or her application impossible. Thus, in evaluating whether a master or special electrician's license applicant has sufficient work experience, the Department may exclude periods of unemployment when considering whether work experience immediately preceded the application date, as set forth in this rule.
  1. In accordance with the above, the Commissioner may grant a master or special electrician’s license application where the applicant’s work experience has occurred within the ten years immediately preceding the application date, if: (i) the applicant has had at least seven and one-half years of such experience, and during such time, a minimum of seventy-five hundred (7,500) hours or the equivalent experience in the legal installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings in such ten years immediately preceding the application date; and (ii) during the two calendar years immediately preceding the application date, the applicant has been employed in the legal installation, alteration and repair of wiring and appliances for electric light, heat and power in or on buildings for at least a total of twelve months.
  2. Subdivision (b) shall not apply to electrician’s license applicants whose work experience includes electrical work that was not supervised by a licensed electrician, or that was otherwise illegal.
  3. Nothing in this rule shall affect how credit for the seven and one-half (71/2) years of work experience is computed pursuant to New York City Administrative Code § 27-3010(a)-(e).

Chapter 37: Reference Standards [Repealed]

§ 37-01 Rules of Procedure for Amending, Revising or Promulgating Reference Standards. [Repealed]

Chapter 38: Ventilation

§ 38-01 Ventilation of Garage Spaces Below Grade.

(a) [Applies only to buildings constructed before effective date of Local Law 76 of 1968; Dec. 6, 1968]. Wherever the floor of a garage designed for the live storage of five (5) or more motor vehicles is more than two (2) feet below curb, ventilation shall be provided as required by the provisions of subdivision a of [former] § C26-267.0 of the Administrative Code.
  1. [Applies only to buildings constructed before effective date of Local Law 76 of 1968; Dec. 6, 1968.]. Air exhaust ducts shall terminate above the roof of the garage or the roof of the building or shall terminate at least ten (10) feet above the curb in an exterior wall adjoining a legal street, yard or court. No air exhaust duct shall terminate within fifteen (15) feet of a window in another building, nor within fifteen (15) feet of a window in the residence portion of the same building.
  2. [Applies to buildings constructed after Dec. 6, 1968.] The ventilating system shall comply with Reference Standard 13.

Chapter 39: Cooling Towers and Evaporative Condensers [Repealed]

§ 39-01 Cooling Towers and Evaporative Condensers. [Repealed]

Chapter 40: Installation and Maintenance of Gas-fueled Water and Space Heaters In All Portions of Dwellings Used Or Occupied For Living Purposes

Subchapter A: Scope

§ 40-01 Installation and Maintenance of Gas-Fueled Water and Space Heaters in all Portions of Dwellings Used or Occupied for Living Purposes.

These rules shall govern the installation and maintenance of gas-fueled space and water heaters in the residence portions of multiple dwellings in the City of New York, including but not limited to the installation of such devices in multiple dwellings which are installed in lieu of centrally supplied heat and hot water under the provisions of § 27-2028 and § 27-2032 of the Administrative Code and in one and two family residences not heated by a central heating system.

Subchapter B: Departmental Procedure

§ 40-11 Applications and Plans.

(a) Before commencing the installation of a gas-fueled space or water heater in a dwelling an application, as specified below must be filed in the borough office of the Department of Buildings where the installation is to be made, giving the address of the dwelling and all pertinent information required on the forms.
  1. Applications shall be accepted only where gas appliances will be connected to flues in existing brick chimneys, and where no other venting or other work is required to be done. They shall not be accepted for installation of gas-fueled heaters in sleeping rooms. Applications shall clearly state the type of appliance to be installed, the floors, apartments and rooms in which they are to be placed, including the number of rooms in the apartment and the occupancy of each room, whether sleeping room or otherwise. They shall describe the condition of the chimney flue to be used and state whether the draft is satisfactory. If a gas meter is to be installed its location shall be given.
  2. Where vent pipes are to be installed, or other work done in connection with the installation of gas-fueled heaters, an application shall be filed. It shall indicate the type of each such device, the floor on which, and the apartment and the occupancy of the room in which such appliance is to be installed, the material and dimensions of the vent pipe or flue, and the dimensions of the court or yard to which the exhaust vent will be carried. If a gas meter is to be installed, its location shall be shown. No plumbing specification sheet need be filed with such application.
  3. Application for permits to install gas-fueled space heaters and water heaters may be made separately or together on one application but each such application shall indicate that all apartments in the building will be provided with gas-fueled space and/or water heaters as the case may be. The location, type, make, and capacity of all such appliances previously installed or to be installed in a building shall be specified. If any of the appliances have been installed in multiple dwellings prior to December 9, 1955, which the owner desires to maintain, the necessary work to make them comply with these rules should be indicated.
  4. An application may be filed by the owner of the premises, or his architect, engineer, contractor, plumber or other agent. If the application is not filed by the owner, and owner’s authorization form also shall be filed.

§ 40-12 Examination and Approval of Applications.

(a) Applications, when filed, shall be processed in the usual manner and forwarded to the inspectors of plumbing.
  1. Applications calling for the installation of gas-fueled space and water heaters shall be expedited and may be taken out of turn, except that they shall be processed in the order in which they were received. They shall be examined for compliance with these rules and all other laws and regulations applicable to such installations. If any chimney or metal stack is to be installed, examiners shall check such construction for compliance with Subchapter 15 of Chapter 1 of Title 27 of the Administrative Code (Building Code). They shall require that the foundation shall be carried not less than four feet below the surface of the ground, and that the soil on which it is built to be not overloaded. They shall require that new chimneys be strapped to the existing walls.
  2. Only applications calling for the installation of gas-fueled space or water heaters, approved by the Department of Buildings, specifying the make and model shall be approved. All such gas appliances shall be of types approved also by the American Gas Association. However, where an owner desires to continue to use any gas appliance installed in a multiple dwelling prior to December 9, 1955, clearly shows on the plan the data required by 1 RCNY § 40-11(f) and prominently marks the appliances that have not been approved by the Department of Health, the application may be conditionally approved pending the approval of the appliances by the Department of Health.

§ 40-13 Commencement of Work.

(a) It shall be unlawful to commence any construction for which an application has been filed until a permit for the proposed work has been issued by the borough superintendent, and it shall be unlawful to commence the installation of piping of any gas appliance until a registered plumber has filed a signed statement with the borough superintendent containing the address of said plumber and stating that he is duly authorized to proceed with the work.
  1. The plumber shall notify in writing the borough superintendent of the Department of Buildings of the borough in which any gas-fueled space or water heater is to be installed when such work is to begin and when it will be ready for operation and inspection.

§ 40-14 Inspection of Gas-Fueled Space and Water Heaters.

(a) Where an application has been filed it shall be the responsibility of the inspectors of plumbing to see that gas-fueled space and water heaters are installed in dwellings, apartments and rooms where such heaters are permitted to be installed in lieu of central heat or supply of hot water. They shall see to it that the appliances are of types approved by the Department of Buildings and the American Gas Association, and are installed in compliance with these rules.
  1. An application covering the installation of these appliances in dwellings shall be forwarded directly to the plumbing inspectors when approved as a permit. The installation of such appliances including Type B and other gas vents, but not chimneys, shall be inspected by inspectors of plumbing. If an application does not call for construction of a masonry or metal chimney, it shall be reported as completed, by the plumbing inspector, provided the work was satisfactory with a note on his report “no structural work.”
  2. If the application calls for the erection of a masonry or metal chimney, it shall be forwarded by the plumbing inspector to the construction inspector as soon as the plumbing inspector has found the installation of these gas appliances and vent connections satisfactory. The construction inspector shall report such an application completed if the construction of the chimney has been satisfactorily performed.

§ 40-15 Issuing Approvals.

(a) A gas-fueled space or water heater installed after December 18, 1957, and a gas-fueled space heater installed prior to that date, in the residence portion of a multiple dwelling and installed after October 1, 1964, in one and two family dwellings, shall be approved by the Department of Buildings only if it is of a type approved by the Department of Buildings and the American Gas Association, and if it has been installed in compliance with these rules. A gas-fueled water heater installed in a multiple dwelling prior to December 18, 1957, and in a one or two family dwelling prior to October 1, 1964 shall be approved by this department only after it has been made to comply with all the requirements of these rules. The certification of approval of type of appliance by the Department of Buildings of such water heaters shall be attached to the application.
  1. An application which has been filed to cover the installation of only gas-fueled space heaters or only gas-fueled water heaters shall be reported as being satisfactorily completed only if all apartments in the building have been provided with either space or water heaters as the particular application specified. If an application calls for the installation of both space heaters and water heaters it shall be reported as being satisfactorily completed only if all apartments in the building have been provided with both space heaters and water heaters. Nor shall any application be reported as being satisfactorily completed unless all new appliances have been installed in compliance with these rules and all existing appliances have been made to conform with them.
  2. When the plumbing section signs off, as satisfactorily completed, an application which provides for the installation of gas-fueled space heaters in all apartments of a multiple dwelling, including the apartments where gas-fueled space heaters may have been installed prior to December 18, 1957, they shall make a list of such premises and send a copy of the list to the Department of Housing Preservation and Development. Where water heaters also have been satisfactorily installed, that fact should be noted on the list. The list shall contain the premises and the application number under which the appliances have been installed, and shall be forwarded weekly.

Subchapter C: Where Heaters May Be Used

§ 40-21 Substitution for Central Heating or Hot Water Supply.

Gas-fueled or water heaters may be used in lieu of centrally supplied heat or hot water only in an apartment in a dwelling which complies with all the following requirements:

  1. The apartment shall consist of two or more living rooms.
  2. The apartment shall consist entirely of rooms used in Class A occupancy, or in one or two-family dwellings.
  3. The apartment shall not be, in whole or in part, arranged, designed or intended to be used for single room occupancy.
  4. The apartment shall not have been formed, in whole or in part, as a result of work done to increase the number of apartments of a converted dwelling or a tenement under an application or plan filed with the department on or after December 9, 1955.
  5. The apartment shall not be located in a building which has been vacant under conditions and for periods which render it subject to the provisions of § 27-2089 of the Administrative Code.
  6. The apartment shall not have been converted or altered under plans filed with the department on or after December 9, 1955 so as to cause any existing or newly created portion of a Class A or Class B converted dwelling not previously constituting an apartment consisting of rooms used for Class A occupancy to become such an apartment.
  7. The apartment shall not be a part of a Class A or Class B multiple dwelling which is or was converted to such dwelling from a single family or two-family dwelling under an application or plan filed with the department on or after December 9, 1955.
  8. The apartment shall not be in a tenement which, after being used or occupied as other than a tenement, is or was reconverted to a tenement under any application or plan filed with the department on or after December 9, 1955.
  9. In accordance with Building Code Reference Standard P107.26.

Subchapter D: Installation of Gas-fueled Heaters

§ 40-31 Required Approvals of Appliances.

Gas-fueled space and water heaters, installed after December 18, 1957, in apartments in multiple dwellings, in lieu of centrally supplied heat or hot water where such centrally supplied heat or hot water supply is required by the Multiple Dwelling Code, and in one and two family dwellings installed after October 1, 1964 shall be of types approved by the Department of Buildings and the American Gas Association.

§ 40-32 Prohibited Types of Water Heaters.

On and after December 18, 1957, it shall be unlawful to install in any apartment in any multiple dwelling, and after October 1, 1964 in a one or two family dwelling a gas-fueled water heater, so designed and arranged that it heats water in pipe coils placed at a distance from the hot water storage tank.

§ 40-33 Number and Capacity of Gas-Fueled Heaters.

(a) Where gas-fueled heaters are permitted to be installed in lieu of the required centrally supplied heat, each "living room," as such term is defined in subdivision 18 of § 4 of the Multiple Dwelling Law, shall be heated by a heater placed in such room or in an adjoining room which connects with it except that a room whose exterior walls are exposed only on a fully enclosed inner court may be heated by a heater located one room removed from such room. For this purpose, an inner court shall be considered fully enclosed even though some of the enclosure walls are located on an adjoining lot. The aggregate input capacity of the heater or heaters installed in any apartment shall not be less than the number of living room times ten thousand (10,000) British thermal units per hour.
  1. Notwithstanding the provisions of subdivision (a) of this section, there shall be installed and continuously maintained by the owner in each apartment gas-fueled heaters in such numbers and at such locations as shall be sufficient to heat such apartment to the minimum temperature which would be required to be maintained therein by the owner under the provisions of the Health Code of the city relating to the heating of buildings, if such owner were required to furnish centrally supplied heat in such apartment.
  2. The requirements of subdivision (a) and (b) of this section are not applicable when an apartment in a multiple dwelling is heated by gas-fueled space heater or heaters which were installed by a tenant prior to December 18, 1957, and in a one or two family dwelling prior to October 1, 1964 and owned by such tenant or successor tenant.

§ 40-34 Capacity of Water Heaters.

Gas-fueled water heaters shall be automatic storage types having a capacity of not less than twenty gallons and shall, in any event, be adequate to provide a supply of hot water as defined in § 27-2031 and § 27-2034 of the Housing Maintenance Code, and 24 RCNY Health Code § 131.042.

§ 40-35 Shut-Off Devices.

Each gas-fueled space or water heater installed in an apartment in a dwelling shall be equipped with an effective device which will automatically shut off the gas supply to such heater in the event that its pilot light or other constantly burning flame is extinguished, or in the event of an interruption of the gas supply to such heater. Such automatic gas shut-off device shall be of a type which, after it has shut off the supply of gas to a heater, will not permit such heater to be relighted unless such shut-off device is first reset manually.

§ 40-36 Gas Piping.

(a) The sizes of gas piping shall be such as to give an adequate volumetric flow of gas to all appliances. The minimum diameter of gas piping shall be three-quarters of an inch (3/4") except that a branch supplying only one appliance may be one-half inch (1/2") diameter.
  1. Each gas-fueled space and water heater shall be rigidly connected to the gas piping supplying gas to the apartment.

§ 40-37 Appliances in Sleeping Rooms.

(a) Gas-fueled water heaters shall not be installed in a room occupied for sleeping purposes, in bathrooms, or in any occupied room normally kept closed.
  1. It shall be unlawful to install a gas-fueled space heater in a room occupied for sleeping purposes except when the space heater is so designed, installed and operated for it:

   (1) Obtains combustion air directly from the outside of the building or through a duct leading to the outside.

   (2) It vents directly to space outside of the building other than an inner court, or is connected through a flue or outlet pipe with an outside chimney which conforms with the requirements of Subchapter 15 of Chapter 1 of Title 27 of the Administrative Code (Building Code). A flue in an existing brick chimney may be used if it is in good condition and tests show that it will provide adequate draft.

§ 40-38 Clearances from Combustible Materials.

(a) Space heaters and water heaters approved by the American Gas Association Laboratories, shall have clearance from combustible materials in accordance with the terms of their approval.
  1. Gas-fueled space and water heaters shall be installed also in conformity with any applicable requirements of specification Z21-30 of 1954 of the American Standards Association, except where these rules otherwise provide.
  2. Vent connectors and vent and outlet pipes shall be installed so as to provide a minimum clearance of three inches on all sides from combustible material. Vent and outlet pipes shall not pass through a floor. Where a vent or outlet pipe passes through a partition or roof constructed wholly or in part of combustible material, a ventilated metal thimble not less than six inches larger in diameter than the pipe shall be provided. Any material used to fill the space between the vent pipe and the thimble shall be incombustible.

§ 40-39 Venting of Gas Appliances.

(a) Definitions.

   Flue, vent or outlet pipe. A “flue, vent or outlet pipe” is a conduit or passageway, vertical or nearly so, for conveying flue gases to the outer air.

Vent connector. A “vent connector” is a pipe connecting an appliance with the flue, vent, outlet pipe or chimney.

  1. Every vent or outlet pipe serving a gas space or water heater shall be provided with a draft hood of a type approved by the American Gas Association, Inc., laboratories of the Underwriters’ Laboratories, Inc., as conforming to accepted standards, unless the heater has an approved built-in draft hood, or has been approved by the American Gas Association without a draft hood. The draft hood shall be installed at the flue collar or as near to the appliance as possible and in the position for which it was designed, with reference to horizontal and vertical planes. The relief opening of the draft hood shall not be obstructed. A suitable cap shall be provided at top of vent pipes.
  2. Each gas-fueled space or water heater installed in an apartment in lieu of the required centrally supplied heat and hot water supply, respectively, shall be connected to a chimney flue, outlet pipe, or type B vent, complying with the requirements of subdivision (h) of this section, which shall be carried four feet above a flat roof and two feet above the highest part of a peaked roof, except that type B vents need not comply with this provision when equipped with a vent cap approved by the Department of Buildings or previously approved by the Board of Standards and Appeals for the prevention of downdraft. A flue in an existing chimney may be used if a licensed plumber certifies that he has made a smoke test of the flue and found no gas escaping through its walls, and made a test of the draft and found it adequate. However, window or wall type heaters of the sealed combustion chamber type which have been approved by the Department of Buildings or previously approved by the Board of Standards and Appeals may be vented in accordance with the approval of the Board, except as provided in subdivision (d) of this section.
  3. No gas-fueled space heater, including a window or wall type recessed heater and no gas-fueled water heater, installed in a dwelling, shall be vented to an inner court unless it is connected to a chimney complying with the requirements of Subchapter 15 of Chapter 1 of Title 27 of the Administrative Code (Building Code). Standard steel steam or water pipes are acceptable in such locations.
  4. Gas-fueled water heaters shall be located as close as practicable to a vent or flue. They should be so located as to provide short runs of piping to fixtures.
  5. Vent connectors shall consist of galvanized iron of not less than No. 26 U.S. gauge in thickness, cement-asbestos pipe, approved type B vents, enameled steel pipe of a quality acceptable to the superintendent as heat and corrosion resistant, or other materials satisfactory to the superintendent.
  6. Vent connectors shall have a cross-sectional area at least equal to the area of the vent outlets of the appliance and shall have a minimum diameter or dimension of three inches.
  7. Outlet pipes and vents, on the exterior of a building, shall consist of standard water, steam or soil pipes, type B vents approved by the Department of Buildings or previously approved by the Board of Standards and Appeals, or other corrosion resistant materials satisfactory to the superintendent, all so connected as to prevent leakage at joints. Outlet pipes and vents on the exterior of a building shall be adequately supported and braced. Flues inside of buildings shall be constructed as low temperature chimneys. Type B vents may be used inside buildings when installed in accordance with the requirements of § 27-887(d) of the Administrative Code (Building Code) and with the conditions of their approval.
  8. Only vent connections serving appliances located in one story of a building may be made to any flue. The cross-sectional area of any flue shall be equal to or greater than the total cross-sectional area of all vents connected to it, but in any case the least internal dimension shall be three inches.
  9. Vent connections may be made to a flue serving other heat producing appliances, above the connection of the other heat producing appliances, or the smoke pipe or vent connection from the gas appliance and the other heat producing device may enter the flue through a single opening if joined together by a Y fitting located as close as practical to the flue. The angle of intersection between the branch and the stem of the Y shall not exceed forty-five degrees. The area of the common outlet pipe shall not be less than the combined areas of the outlet pipes joined by the Y fitting.
  10. The horizontal run of vent pipe connectors shall not exceed three-fourths of the vertical rise of the flue to which the vent is attached, measured from the connection of the appliance to the top of the flue. A vent connector shall be pitched upward from the gas appliance with a slope of not less than one-fourth inch vertically for each foot of horizontal run.
  11. No dampers, steel wool or other obstructions shall be placed in any vent pipe or flue.

§ 40-40 Gas-Fueled Space Heaters Installed Prior to December 18, 1957.

(a) Gas-fueled space heaters installed prior to December 18, 1957, if of a type not approved by the Department of Health and the American Gas Association, shall be replaced by centrally supplied heat or by gas heaters approved by the said authorities on or before November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on or before November 1, 1959, in other tenements and converted dwellings.
  1. On or before the applicable dates given in subdivision (a) of this section, gas-fueled space heaters installed prior to December 18, 1957, in tenements and converted dwellings prescribed in said paragraph shall be made to comply with all the requirements of 1 RCNY §§ 40-33 through 40-39.

§ 40-41 Gas-Fueled Water Heaters Installed Prior to December 18, 1957.

(a) On or before November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on or before November 1, 1959, in other tenements and converted dwellings, any gas-fueled water heater installed prior to December 18, 1957, if of a type not approved by the Department of Health, shall be replaced by a supply of hot water or by a water heater approved by said department.
  1. On or before the applicable dates given in 1 RCNY § 40-40(a), gas-fueled dwellings described in said paragraph shall be made to comply with all the applicable requirements of 1 RCNY §§ 40-33 through 40-39, and all gas-fueled water heaters that have water heaters installed prior to December 18, 1957, in tenements and converted dwellings’ sleeping rooms shall be removed.
  2. Any gas-fueled water heater so designed and arranged that it heats water in pipe coils placed at a distance from the hot water storage tank, installed prior to December 18, 1957, may be maintained in tenements and converted dwellings described in subdivision (a) of this section on and after the applicable dates given in said rule only if it is of a type approved by the Department of Health. However, no gas-fueled water heater shall be maintained in a sleeping room or bathroom.

§ 40-42 Maintenance of Space and Water Heaters.

(a) The owner of the tenement or converted dwelling and of the one and two family dwelling in which gas-fueled space and water heaters have been installed by him shall maintain each such appliance in a condition of good repair and in good operating condition.
  1. On and after November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on and after November 1, 1959, in any other tenement and converted dwelling, where a tenant provided a space or water heater on October 1, 1957, each such appliance shall be made to comply with all the applicable requirements of these rules and shall be maintained in a condition of good repair and in good operating condition by the tenant.
  2. Should a tenant fail to comply with the requirements of subdivision (b) of this section, it shall be the duty of the owner of the tenement or converted dwelling to provide centrally supplied heat and a supply of hot water, or if such apartment is eligible therefor and he so elects, to install and continuously maintain space and water heaters therein which shall comply with the requirements of these rules.
  3. On and after November 1, 1958, in any tenement and converted dwelling which contains ten or more apartments, and on and after November 1, 1959, in any other tenement and converted dwelling, where gas-fueled space or water heaters were provided by the tenant, and the ownership of such appliances passes from the tenant or successor tenant, or if any such space or water heaters are removed from gas-fueled space or water heater, or temporarily for the purpose of repairs, then such an apartment, except for the purpose of immediate replacement by another owner will be subject to the duties imposed on an owner by subdivision (c) of this section.

§ 40-43 Existing Appliances in Ineligible Locations.

Where a gas-fueled space heater or water heater has heretofore been installed in a dwelling not complying with all the requirements of 1 RCNY § 40-21, nothing in these rules shall be construed to relieve the owner of his responsibility to provide for such dwelling centrally supplied heat and supply of hot water.

§ 40-44 [Reserved]

Where there is a practical difficulty in carrying out the strict letter of the provisions of these rules, the Borough Superintendent may vary such provisions for a specific installation, provided the necessary safety is secured and the variance is not in conflict with Administrative Code.

Chapter 41: Venting of Gas Water Heaters and Other Gas Appliances In Multiple Dwellings

§ 41-01 Venting of Gas Water Heaters and Other Gas Appliances in Multiple Dwellings.

(a) This section shall apply to vents for gas burning water heaters within apartments of multiple dwellings as required by § 27-887(d) of the Administrative Code (Building Code) and to gas appliances in rooms or spaces without a window opening to the outer air, used for living or sleeping within a multiple dwelling, where required by the provisions of § 64 of the Multiple Dwelling Law.
  1. Vents shall consist of galvanized iron of not less than No. 26 U.S. gauge in thickness, cement-asbestos pipe, metal-asbestos pipe, enamelled steel pipe of a quality acceptable to the Department as heat and corrosion resistant, or other materials satisfactory to the superintendent.
  2. Vents shall have a cross-sectional area at least equal to the area of the vent outlet of the appliance and shall have a minimum diameter or dimension of three (3) inches.
  3. Vents shall lead to a flue or to the outer air as follows:

   (1) Several vents may be connected to a flue if the cross-sectional area of the flue is equal to or greater than the total cross-sectional area of all vents so connected. No vent from a water heater or other gas appliance within an apartment may be connected to a flue serving a central heating plant.

   (2) Vents may be connected to a flue serving appliances burning other than gas fuel provided the connection of the gas appliance to the flue is at least nine (9) inches above the connection of the other heat producing device, or through a suitable “Y” connection in a common vent pipe of proper diameter.

   (3) Every flue to which a vent from a gas water heater is attached, shall extend to a distance of not less than four (4) feet above a flat roof, or two (2) feet above a pitched roof. Such flues on the exterior of a building, and the portions of the vent pipes on the exterior of a building, shall consist of standard water, steam or soil pipe, cement-asbestos pipe, metal-asbestos pipe, or other corrosion resistant material satisfactory to the Department. Flues and vent pipes on the exterior of buildings shall be adequately supported and braced. Flues within buildings shall be constructed as low temperature chimneys.

   (4) Vents leading to an outside flue or terminating at the exterior of the building may pass through the upper part of a window if the vent is adequately secured in place and provided the vent is so arranged as to give minimum interference with the operation of the window, provided the area of the windows in the room after alteration equals or exceeds that required by law. Vents may also pass through an exterior wall by means of a metal sleeve placed in the wall. The metal sleeve shall consist of standard water, steam, or soil pipe, cement-asbestos pipe, or other approved material. The space between the sleeve and the vent shall be filled with incombustible material.

   (5) Vent pipes may be terminated at the exterior of an outside wall of a building in which case the vents shall be turned upward for not less than ten (10) inches, except that for any vent pipes installed after June 30, 1955, the vertical rise of the vent pipe shall not be less than one and one-third times the length of the horizontal run of the vent pipe. No vent pipe shall terminate below the level of the top of a window unless at least three (3) feet distant from any part of the window. Vents shall be capped with an approved tee. Vents on the exterior of a building shall comply with the provisions of paragraph (4), subdivision (d) of this section as to the material that may be used.

  1. Vent pipes shall be installed so as to provide a minimum clearance of three (3) inches on all sides from combustible material. Vent pipes shall not pass through a floor unless approved by the superintendent.
  2. Where a vent pipe passes through a partition or roof constructed wholly or in part of combustible material, a ventilated metal thimble not less than six (6) inches larger in diameter than the pipe, shall be provided. Any material used to fill the space between the vent pipe and the thimble shall be incombustible.
  3. Every vent pipe serving as a gas water heater shall be provided with a draft hood unless the water heater has an approved built-in draft hood. The draft hood shall be approved by a recognized testing laboratory as conforming to nationally accepted standards. The draft hood shall be installed at the flue collar or as near to the appliance as possible and in the position for which it was designed, with reference to horizontal and vertical planes. The relief opening of the draft hood shall not be obstructed.
  4. The horizontal run of vent pipe shall not exceed three-fourths of the vertical rise of the flue to which the vent is attached. The vent pipe shall be pitched upward from the water heater with a slope of not less than one-fourth inch vertically for each foot of horizontal run.
  5. No dampers, steel wool or other obstructions shall be placed in any vent pipe or flue.
  6. A permit shall be obtained from the Department of Buildings before any vertical flue or chimney is constructed.

Chapter 42: Entrance Doors, Locks and Intercommunication Systems

§ 42-01 Entrance Doors, Locks and Intercommunication Systems.

(a) Bulkhead doors and scuttles shall have no key locks and shall not be locked by a key at any time. The only permissible and acceptable means of securing a bulkhead door or scuttle is by means of a movable bolt or hook on the inside.
  1. Section 15.10(n) of the current departmental rules and regulations in its last un-numbered paragraph provides as follows: “All passageways required under these rules shall be not less than seven feet (7‘0”) in height and not less than three feet (3‘0”) in width and shall at all times be kept dear and unobstructed. Doors and gates at the end of such passageways are prohibited, except that a door or gate equipped with an approved-type knob or panic bolt which shall be readily openable from the inside will be permitted at the building line. Doors and gates provided with key locks or padlocks are prohibited.”
  2. Where an entrance door leading from a vestibule to the main entrance hall or lobby is equipped with one or more automatic self-closing and self-locking doors, the entrance door from the street to the vestibule need not be equipped with automatic self-closing and self-locking doors.
  3. Every entrance from the street, court, yard or cellar to a class A multiple dwelling erected or converted after January 1, 1968 containing eight or more apartments shall be equipped with automatic self-closing and self-locking doors. Such multiple dwelling, as aforesaid, shall also be equipped with an intercommunication system to be located at the required main entrance door.
  4. On or after January 1, 1969, every entrance from the street, court, yard or cellar to a class A multiple dwelling erected or converted prior to January 1, 1968 containing eight or more apartments, shall be equipped with automatic self-closing and self-locking doors and shall also be equipped with an intercommunication system.
  5. Every self-locking door required under this section shall be installed and maintained so as to be readily openable from the inside without the use of keys.
  6. The minimal devices acceptable for the intercommunication system shall be a bell or buzzer system, or a speaking and listening device to permit communication by voice between the occupant of each apartment and a person outside such required main entrance door, and a return buzzer mechanism to release or open the lock to the aforesaid required door.
  7. The bell and intercommunication system shall be located at the required main entrance door so that a person may readily reach the door when the unlocking buzzer is activated.
  8. No push button device shall be more than six feet from the floor and the speaking and listening device shall be installed to be not less than four feet and not more than five feet from the floor.
  9. The device or devices for the intercommunication system installed in the apartment shall be readily accessible to the occupant.
  10. The device or devices for the intercommunication system installed hereunder under shall be of a type and kind approved by the Department of Buildings or previously approved by the Board of Standards and Appeals.
  11. Devices which have been previously installed and which are in good condition and performing in an adequate manner may, in the discretion of the department, be accepted.

Chapter 43: Installation of Security Items In Multiple Dwellings

§ 43-01 Installation of Peepholes.

(a) These new peepholes, or door interviewers, must bear a label showing the approval of the Department of Buildings or the previous approval of the Board of Standards and Appeals.
  1. The peepholes must be so located as to enable a person in such housing unit to view from the inside of the entrance door any person immediately outside.
  2. The distance above the inside finished floor to the center of the peephole shall be approximately 5 feet.
  3. The cutout shall not affect the adequacy of any stiffening member of the door.
  4. Peepholes installed prior to the enactment of the legislation will be acceptable unless the cutout for the peephole has affected the adequacy of any stiffening member of the door.

§ 43-02 Installation of Two 50 Watt Lights at Front Entrance Way.

(a) All electrical work shall be done in accordance with the requirements and approval of the Department of Buildings.
  1. The installation shall be a separate circuit or connected to the house line servicing the public halls.
  2. The lights shall be encased in a metal guard or shatterproof globe.
  3. The lights of at least 50 watts of incandescent or equivalent illumination shall be placed on each side of the front entrance-way at a height of between 7 to 11 feet above floor level adjacent to such entrance-way and adequate to light same.

§ 43-03 Installation of Viewing Mirrors in Self-Service Elevators.

(a) Mirrors shall be made of polished metal.
  1. Mirrors shall be of such size and so located on the car wall opposite the car entrance so that a person entering the elevator may have a complete view of the interior of the car. It shall not be necessary to provide a view of the floor and ceiling.
  2. The mirror shall be so located as not to interfere with or endanger passengers in the elevator.
  3. Mirrors shall be mounted and secured so that they cannot be readily removed by the public.

§ 43-04 Installation of Lights in Rear Yards, Side Yards, Front Yards and Courts.

(a) All electrical work shall be done in accordance with requirements and approval of the Department of Buildings.
  1. The installation shall be a separate circuit or connected to the house line servicing the public halls.
  2. The light or lights, shall be of at least 40 watts of incandescent or equivalent illumination.
  3. The lights shall be so located as to adequately light all portions of the rear yards, side yards, front yards and courts.
  4. Lights are not required in an inner court that is accessible only from the interior of the building and to which access is restricted for clean-out purposes.

Chapter 45: Building Permit Application Procedures

§ 45-01 Microfilming of Application Folders and Associated Documentation for Temporary and Final Certificates of Occupancy and Letters of Completion.

(a) Purpose.

   (1) To provide the procedure whereby the Department of Buildings will microfilm application folders and associated documentation for certificates of occupancy, temporary certificates of occupancy and/or letters of completion.

  1. Procedure.

   (1) The Department requires that the contents of approved folders be microfilmed twice.

      (i) Prior to permit, the contents of approved folders, including but not limited to application plans and documents, must be microfilmed by the applicant using an outside vendor.

      (ii) At the time of request for the first temporary and final certificate of occupancy and/or letter of completion, a second microfilming must be performed by the Department of Buildings.

   (2) The minimum fee for microfilming by the Department shall be $35.00 and shall be paid at the time the initial job application is filed. This fee covers microfilming of the application file at the time a certificate of occupancy or letter of completion is issued. In the event filming requires more than two fiche, an additional $10.00 per fiche will be charged at the time the temporary or final certificate of occupancy or letter of completion is issued. In the event the Department has microfilmed the folder and associated documentation upon issuance of a temporary certificate of occupancy, there will be no charge for the microfilming of those documents added to the folder for the final certificate of occupancy if less than twenty (20) pages. If the added documents are more than 20 pages, the excess will be charged at $10.00 per fiche.

   (3) The Department will send a copy of the microfilm of the application, associated documentation and certificate of occupancy or letter of completion to the applicant after a certificate of occupancy or letter of completion is issued.

Chapter 46: Authorized Representatives

§ 46-01 Persons Authorized to Perform Inspections, Tests, Certifications, and Other Functions on Behalf of the Department.

(a) Authorized representatives. Persons authorized to perform inspections, other than officers and employees of the Department, shall include the following:

   (1) Professional engineers and registered architects licensed under the New York State Education Law are authorized to review plans and satisfy objections issued at plan examination and perform tests and inspections required by title 26 and 27 of the New York City Administrative Code (“the code”), in accordance with code requirements and all applicable rules and regulations of the Department;

   (2) Professional engineers and registered architects licensed under the New York State Education Law and master plumbers and master fire suppression piping contractors licensed by the Department are authorized to inspect and witness tests for plumbing, standpipes, and sprinklers in accordance with the code, to the extent they are qualified by the terms of their licenses and experience;

   (3) Professional engineers, registered architects, licensed master plumbers, and representatives of utility companies may also witness tests of gas piping systems in accordance with the code and applicable rules and regulations of the Department;

   (4) Other persons and entities licensed by the Department under title 26 of the code are authorized to perform inspections of work performed under their licenses pursuant to the code and applicable rules and regulations of the Department;

   (5) Land surveyors and landscape architects licensed under the New York State Education Law are authorized to review plans and to perform inspections of work performed under their licenses pursuant to the code and applicable rules and regulations of the Department;

   (6) Qualified boiler inspectors are authorized to perform boiler inspections under section 27-793(b) of the code and rules promulgated thereunder;

   (7) Private elevator inspection agencies certified under 1 RCNY § 11-01 are authorized to perform and witness elevator inspections and tests in accordance with code provisions; and

   (8) Private electrical inspection agencies certified under 1 RCNY § 35-01 are authorized to perform electrical inspections.

  1. The authorized representatives listed in subdivision (a) above shall identify themselves by producing copies of their applicable licenses or certifications and shall maintain liability insurance in accordance with applicable code requirements.
  2. Except as otherwise permitted in the code, the authorized representative shall personally conduct the inspections or tests.
  3. Authorized representatives may only perform such inspections and tests for which they are qualified by the terms of their licenses and their experience.
  4. Failure to comply with the applicable law and rules and regulations of the Department shall be grounds for suspension or revocation of an authorized representative’s authority to conduct inspections on behalf of the Department.

Chapter 48: Construction Superintendents [Repealed]

§ 48-01 General Provisions. [Repealed.]

*§ 48-02 Duties. [Repealed.]* ::

§ 48-03 Registration of Construction Superintendents. [Repealed.]

*§ 48-04 Disciplinary Actions. [Repealed.]* ::

§ 48-05 Obligations of Others. [Repealed.]

*§ 48-06 Severability. [Repealed.]* ::

Chapter 49: Outdoor Signs

Subchapter A: General Provisions

§ 49-01 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

Accessory sign. The term “accessory sign” shall mean an accessory sign within the meaning and intent of the term “accessory use” as defined in § 12-10 of the Zoning Resolution.

Advertising sign. The term “advertising sign” shall mean an “advertising sign” as defined in § 12-10 of the Zoning Resolution.

Affiliate outdoor advertising companies. The term “affiliate outdoor advertising companies” or “affiliate OACs” shall mean two or more outdoor advertising companies interrelated with one another such that one or more of such outdoor advertising companies maintains an interest in the others as hereinafter described: An outdoor advertising company (“OAC”) (A) has an interest in another OAC (B) where one or more of the following are present:

   (1) A owns 10 percent or more of the voting stock of B, where B is a stock-issuing entity;

   (2) A is a general partner in B, where B is a partnership or joint venture;

   (3) A has an ownership interest of 10 percent or more in B, in a form not otherwise described in (1) or (2) above, where such ownership interest confers a power or right to vote or exercise similar control over the affairs of B proportionate to such ownership interest;

   (4) A has one or more officers in common with B;

   (5) A has one or more key managers (chief executive officer; chief financial officer; chief operating officer; or persons with equivalent functions, irrespective of organizational title) in common with B;

   (6) A, by agency or other agreement, whether written or oral, conducts part or all of B’s outdoor advertising business or has the power or right to direct part or all of B’s outdoor advertising business;

   (7) A, by way of advertising, promotions or other methods, holds itself out as having the authority to, via a shared inventory arrangement, sell or lease space on signs situated on buildings or premises within the city, for outdoor advertising purposes, where the ownership, leasehold, license or other form of site control with respect to such signs is held by B. For the purposes of this chapter both A and B shall be known and referred to individually by the term “affiliate OAC” or “affiliate” and collectively by the term “affiliate OACs” or “affiliates.” Affiliates shall be jointly and severally liable for compliance with this chapter. Where affiliation is established only by virtue of a shared inventory of signs, sign structures or sign locations as described in example (7) above, responsibility for compliance and any resulting liability shall be limited to the extent of such shared inventory.

Affiliated outdoor advertising company. The term “affiliated outdoor advertising company” or “affiliated OAC” shall mean a single OAC that has authorized a responsible affiliate to act on its behalf for registration in accordance with this chapter.

Applicant. The term “applicant” shall mean an OAC that has filed an application for registration with the Department as required by § 26-260 of the Administrative Code and subchapter B of this chapter. Except where application is made pursuant to 1 RCNY § 49-12(a)(3), the party holding fee or the dominant lease to a sign, sign structure or sign location, shall act as the applicant. With respect to an application for registration filed on behalf of an affiliated OAC the term “applicant” shall mean the responsible affiliate.

Approach. The term “approach” as found within the description of arterial highways indicated within appendix C of the Zoning Resolution, shall mean that portion of a roadway connecting the local street network to a bridge or tunnel and from which there is no entry or exit to such network.

Arterial highways. The term “arterial highways” shall mean arterial highways as defined by § 26-253(c) of the Administrative Code.

Commissioner. The term “Commissioner” shall mean the Commissioner of Buildings or his/her designee.

Days. The term “days” shall mean calendar days.

Department. The term “Department” shall mean the Department of Buildings.

Material change. The term “material change” shall mean a change in information supplied to the Department on an application form where the Department has indicated on such form by asterisk or otherwise that the information to be supplied is considered by the Department to be significant.

Non-conforming sign. The term “non-conforming sign” shall mean a sign that is “non-conforming” as defined by § 12-10 of the Zoning Resolution. The extent of the “non-conforming” use status shall be as set forth in §§ 32-66, 42-55, and 42-58 of the Zoning Resolution.

Outdoor advertising business. The term “outdoor advertising business” shall mean “outdoor advertising business” as defined by § 26-259(c) of the Administrative Code. For the purposes of this rule, property owners and managers shall not be considered engaged in the outdoor advertising business where they are involved strictly to the extent of leasing space on property they control to an independent registered OAC that has registered the sign within its sign inventory. Such exclusion shall not apply where the property owner/manager has any interest in an OAC or role in any aspect of the OAC’s operation or management.

Outdoor advertising company. The term “outdoor advertising company” or “OAC” shall mean “outdoor advertising company” as defined by § 26-259(b) of the Administrative Code.

Responsible affiliate. The term “responsible affiliate” shall mean the applicant that is authorized, by written instrument filed with the Department, to file an application for registration and to otherwise act on behalf of an affiliated OAC and receive all notices required to be sent under this chapter on behalf of such affiliated OAC. For the purposes of this chapter any direction or requirement imposed upon an OAC shall, with respect to an affiliated OAC, be undertaken by the responsible affiliate on behalf of the affiliated OAC and such affiliated OAC shall be bound by the act or failure to act of such responsible affiliate.

Responsible officer. The term “responsible officer” shall mean an officer or official of an OAC who is authorized to bind and commit such OAC and any affiliate(s).

Sign. The term “sign” shall mean a sign as defined in § 12-10 of the Zoning Resolution. Such term shall not include any sign erected upon property not subject to Department jurisdiction. Each sign face shall be a sign.

Sign inventory. The term “sign inventory” shall mean the list of signs, sign structures and sign locations under the control of an OAC, responsible affiliate or affiliated OACs as required and specified by § 26-261 of the Administrative Code and 1 RCNY § 49-15.

Sign location. The term “sign location” shall mean sign location as defined by § 26-259(f) of the Administrative Code.

Sign structure. The term “sign structure” shall mean the supports or uprights, including the sign face(s), whether attached to a building or other structure or freestanding, of a sign.

Within view. The term “within view” shall mean that part or all of the sign copy, sign structure, or sign location that is discernable.

Work permit. The term “work permit” shall mean a permit to erect, alter or install signs or sign structures issued pursuant to § 27-177 of the Administrative Code.

§ 49-02 Obligation to Cooperate with Inquiries.

All OACs and all principals thereof, shall cooperate with Department investigations into the conduct of the outdoor advertising business within the City of New York, and shall provide prompt, accurate and complete responses to reasonable inquiries by the Department about the conduct of such business.

§ 49-03 Obligation to Comply with an Order of the Commissioner.

OACs shall be obligated to comply with any order issued by the Commissioner pursuant to this chapter.

§ 49-04 Severability.

If any clause, sentence, paragraph, section or part of this rule or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this rule or the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstance involved.

Subchapter B: Registration of Outdoor Advertising Companies

§ 49-11 Effective Dates.

(a) On and after the 60th day after the effective date of this chapter, it shall be unlawful for an OAC to engage in the outdoor advertising business, or, by way of advertising, promotions or other methods, hold itself out as engaging in the outdoor advertising business, unless such OAC is registered with and has been issued a registration number by the Department and such registration has not expired or been revoked. Notwithstanding the foregoing provision, an OAC that is in existence on the effective date of this chapter may continue to do business as an OAC pending the issuance of a registration number if such OAC has filed a registration application pursuant to 1 RCNY § 49-12 on or prior to the 60th day after the effective date of this chapter and such application has not been rejected by the Department in accordance with subdivision c of such section.
  1. On and after the 60th day after the effective date of this chapter, it shall be unlawful for an OAC to sell or otherwise transfer control of a sign, sign structure, or sign location or any right of such OAC to sell, lease, market, manage, or otherwise make space on a sign, or sign structure, or at a sign location available to others for advertising purposes, to an OAC other than one that is registered in accordance with this chapter and that has been issued a registration number by the Department and such registration has not expired or been revoked, or to a OAC that has timely filed for registration pursuant to 1 RCNY § 49-12 and such application has not been rejected by the Department.
  2. On and after the 60th day after the effective date of this chapter it shall be unlawful to erect, alter, install, maintain, attach, affix, paint on, or in any other manner represent on a building or premises any sign that is under the control of an OAC unless such OAC is registered in accordance with this chapter, and has been issued a registration number by the Department and such registration has not expired or been revoked or, with respect to an OAC that is in existence on the effective date of this chapter, such OAC has filed a registration application pursuant to 1 RCNY § 49-12 on or prior to the 60th day after the effective date of this chapter and such application has not been rejected by the Department in accordance with subdivision c of such section.

§ 49-12 Application for Registration.

(a) The application for registration or the renewal of registration shall contain all of the information required by the application form and these rules. Except where an application is filed pursuant to subsection (3)* below, the party holding fee or the dominant lease to the sign, sign structure or sign location, shall act as the applicant for registration. An applicant shall:

   (1) file an application for registration and be issued an OAC registration number; or,

   (2) where an affiliated OAC exists, file an application for registration on behalf of itself and any affiliated OAC only to the extent of their shared control of any sign(s), sign structure(s), and sign location(s), and each such shared inventory shall be issued the OAC registration number that has been assigned to the applicant; or,

   (3) file a single application for registration on behalf of itself and every affiliated OAC, including all signs, sign structures, and sign locations under the control of the applicant and every affiliated OAC. A responsible officer of the applicant shall certify the completeness and accuracy of the application and accompanying documents. A responsible officer of the affiliated OAC shall authorize the applicant to submit an application and act on behalf of the affiliated OAC. The Department shall act upon the application either by accepting the application or by notifying the applicant of deficiency in accordance with subdivision c of this section promptly but not later than 60 days after the date of receipt of the application, except that on or before such 60th day, the Commissioner may on good cause shown and upon notification to the applicant, extend such time for an additional 45 days. If the Department fails to act upon the application within such 60-day period or, where applicable, within such further 45-day period, the application shall be deemed accepted.

  1. The Department shall accept applications complying with the provisions of these rules and other applicable law. An OAC registration number shall be issued to the applicant of each accepted registration application. Where the application is for the renewal of an existing registration, the applicant shall be notified of such acceptance.
  2. The Department may reject an application for registration or for the renewal of registration if it finds that the application, including the accompanying listing of sign inventory required by 1 RCNY § 49-15, is not complete and accurate or all required documents have not been submitted with the application. Before rejecting an application, the Department shall provide the applicant with an explanation of the deficiency and a period of time, but not more than 45 days, within which the applicant may submit a corrected application and any missing documents. Upon written request and for good cause, the Commissioner may extend the time for submitting a corrected application.
  3. An OAC registration number issued by the Department pursuant to this section shall not be transferable.
  4. An OAC shall notify the Department within 30 days thereof of any material change in the information provided in the most recent registration or renewal application submitted pursuant to this chapter. Where the material change involves the addition of an affiliated OAC, such additional affiliated OAC shall not do business as an OAC until notice of such material change is received.

§ 49-13 Term and Fees.

(a) The term of the registration shall be for two years commencing on the date of issuance of an OAC registration number. The fee for the initial registration shall be $1,500 per applicant, plus $125 for each: sign; sign structure vacant of signage; and tax lot vacant of both signage and sign structures, listed in the sign inventory. The biennial registration renewal fee shall be $750 per applicant, plus $50 for each: sign; sign structure vacant of signage; and tax lot vacant of both signage and sign structures, listed in the sign inventory. The fee per material change shall be $25.
  1. A registration renewal application shall be filed no sooner than 90 or later than 60 days prior to the expiration date of the current term of the registration. Notwithstanding the renewal fee set forth in subdivision (a), where a registration renewal application is submitted later than 60 days before the expiration of the current term of the registration, the renewal fee shall be $1,500 per applicant OAC, plus $125 for each: sign; sign structure vacant of signage; and tax lot vacant of both signage and sign structures, listed in the sign inventory. A registration renewal application may not be submitted after the expiration of the current term of the registration. Nothing in this section shall prohibit an OAC with an expired registration from filing a new application for registration, subject to the filing requirements and fees of an initial registration application.

§ 49-14 Acceptable Type of Security.

(a) An applicant shall maintain security in the form of a letter of credit from an issuing bank or other security acceptable to the Department for all signs included in its inventory. Proof of such security must be filed with the Department with the initial application for registration and with all registration renewal applications. OACs may post one letter of credit or other security acceptable to the Department with respect to all affiliates or separate security for each affiliated OAC. The maximum number of letters of credit or other security acceptable to the Department shall not exceed the total number of signs in the inventory. The security must be in full force and effect from and after the date of registration. When a letter of credit or other security acceptable to the Department expires, is cancelled, is not renewed or for any reason becomes unenforceable, it shall be replaced forthwith and notice of such replacement shall be filed with the Department within 30 days thereafter. The bank shall be required to notify the Department promptly in the event of cancellation, failure to renew or other event that would render the security unavailable to the Department.
  1. The amount of security shall be $25,000 for the first 20 signs in the sign inventory, plus $10,000 for each additional 20 signs, or part thereof.
  2. Replenishment. The Department shall draw upon the security in accordance with applicable law. Upon the Department drawing upon the security, the OAC or responsible affiliate shall replenish the amount within 14 days of notice by regular mail from the Department to the OAC, or, if applicable, such responsible affiliate. Evidence thereof shall be submitted to the Department within 30 days.

§ 49-15 Sign Inventory to be Submitted with Registration Application.

(a) In addition to the information and documentation required by 1 RCNY § 49-12(a), an applicant shall submit, pursuant to § 26-261 of the Administrative Code, a sign inventory that shall include all signs, sign structures and sign locations located (1) within a distance of 900 linear feet from and within view of an arterial highway; or (2) within 200 linear feet from and within view of a public park of one-half acre or more. Such sign inventory shall be filed together with the registration application and each renewal registration application. The sign inventory submitted in connection with the renewal registration application shall include all material changes since the last registration or renewal registration application, and shall be accompanied by a statement that identifies all material changes since such prior registration. A registration application or renewal application submitted without such sign inventory or statement shall not be considered complete and may be rejected in accordance with subdivision (c) of 1 RCNY § 49-12.
  1. A sign inventory submitted by a responsible affiliate on behalf of:

   (1) an affiliated OAC, in accordance with subdivision (a)(2) of 1 RCNY § 49-12, shall include all signs, sign structures and sign locations under the shared control of such responsible affiliate and affiliated OAC; or,

   (2) every affiliated OAC, in accordance with subdivision (a)(3) of 1 RCNY § 49-12, shall include all signs, sign structures and sign locations under the control of such responsible affiliate and every affiliated OAC.

  1. The sign inventory shall be accompanied by a signed statement of a responsible officer of the OAC or, if applicable, the responsible affiliate, stating that the listing of its inventory is a complete listing of all signs, sign structures and sign locations under its control, subject to § 26-261 of the Administrative Code.
  2. The sign inventory shall be submitted on forms to be prescribed by the Department and shall include the information specified on such forms for each sign, sign structure and sign location including, but not limited to, the following:

   (1) For each sign, sign structure and sign location, the public park and/or arterial highway to which it is proximate pursuant to 1 RCNY § 49-15(a) shall be identified, and its distance in feet from such public park or arterial highway shall be listed. Such distance shall be calculated as the length of a horizontal plane extending between a vertical plane reflecting the edge of the sign, sign structure or sign location closest to the park or arterial highway and a vertical plane reflecting the portion of the park or highway closest to the sign, sign structure or sign location. Where a sign location is vacant of buildings or other structures to support signage, the measurement shall be from the edge of its tax lot closest to the public park and/or arterial highway.

   (2) The block and lot numbers and the address, if one exists, for the premises of each sign, sign structure and sign location.

   (3) The size of each sign and sign structure described in linear feet and inches.

   (4) The height in feet and inches of the highest portion of each sign and sign structure above the curb level.

   (5) Each sign shall be identified as either “advertising” or “non-advertising.” To the extent a sign is a non-conforming sign, it must further be identified as “non-conforming advertising” or “non-conforming non-advertising.” A sign identified as “non-conforming advertising” or “non-conforming non-advertising” shall be submitted to the Department for confirmation of its non-conforming status, pursuant to 1 RCNY § 49-16.

   (6) For each accessory sign, the name and mailing address of the business to which the sign directs attention, the nature of such business and the square footage of the floor space occupied by such business on the zoning lot.

   (7) The name and address of all parties with an interest in the premises where each sign, sign structure and sign location is situated.

   (8) The name and address of all parties with an interest in the sign or sign structure.

   (9) A diagram, labeled with the information required by (1), (2) and (3) above, eight and one-half by eleven inches in size, that shows the position of the sign, sign structure or sign location on the lot with the distance in feet to the proximate highway or park.

   (10) Digitized and printed eight inch by ten inch color photographs, clearly showing a front view and, if practicable, a rear view of the entire sign and sign structure and the building or other structure to which the sign or sign structure is attached.

   (11) The work permit for the erection, installation, or most recent alteration of the sign or sign structure. To the extent such document is unavailable, the Department may accept a statement of diligent search.

   (12) For each conforming sign, the name and license number of the master or special sign hanger who hung or erected each sign.

   (13) Whether the sign is illuminated and if so whether such illumination is indirect as such term is defined in § 12-10 of the Zoning Resolution. If the sign is illuminated, the sign inventory shall include the permit number assigned by the Electrical Division of the Department for the associated power connection and if applicable, the illuminated sign permit number.

   (14) Where a sign inventory is submitted on behalf of affiliated OACs, the legal name of the OAC that markets or manages each sign, sign structure or sign location and the legal name of the OAC with an ownership interest in each such sign, sign structure or sign location, if different, shall be identified.

   (15) With respect to each sign that has been identified in the sign inventory as a non-conforming sign, the following additional information shall be included with the registration application:

      a. The Zoning Resolution section that establishes the sign as a non-conforming sign.

      b. Evidence that the non-conforming sign existed and the size of the sign that existed as of the relevant date set forth in the Zoning Resolution to establish its lawful status. Acceptable evidence may include permits, sign-offs of applications after completion, photographs and leases demonstrating that the non-conforming use existed prior to the relevant date. Affidavits, Department cashier’s receipts and permit applications, without other supporting documentation, are not sufficient to establish the non-conforming status of a sign. The submitted evidence must specifically establish the non-conforming aspect of the sign. For example, where evidence is submitted to establish that a sign is a non-conforming advertising sign, proof that the sign was erected, but that does not establish that it was advertising, will not be sufficient.

      c. Affidavit signed by the registered architect or professional engineer, that he or she reasonably believes the sign to be non-conforming based on the evidence submitted.

         (1) A responsible officer of the OAC shall co-sign the affidavit, that he or she reasonably believes the sign to be non-conforming based on the evidence submitted, and that to the best of his or her knowledge there has not been any discontinuance of the non-conforming use for two or more years.

  1. Except as to non-conforming signs, the sign inventory shall be accompanied by a certification by a registered architect or licensed professional engineer, co-signed by a responsible officer of the OAC, that he or she has personal knowledge that the signs in the sign inventory are in compliance with the Zoning Resolution.
  2. The Department shall issue to each sign, or if vacant of signage, each sign structure and sign location listed in a sign inventory of a registered OAC, a “sign identification number.”
  3. The Department’s acceptance of an application for registration or for the renewal of registration, and the issuance of an OAC registration number to an applicant or a sign identification number for any sign, sign structure or sign location in the sign inventory, shall not constitute a decision or determination by the Department that a sign or sign structure is lawful under the Zoning Resolution or that a sign may lawfully be erected at the sign location.
  4. An OAC shall amend its sign inventory to reflect material changes in its portfolio of signs. The amendment shall be made within 30 days after such change.
  5. The applicant shall provide a list of signs believed to be exempt from registration and not subject to Department jurisdiction and located (1) within a distance of 900 linear feet from and within view of an arterial highway; or (2) within 200 linear feet from and within view of a public park of one-half acre or more.

§ 49-16 Non-Conforming Signs.

(a) With respect to each sign identified in the sign inventory as non-conforming, the registered architect or professional engineer shall request confirmation of its non-conforming status from the Department based on the evidence submitted in the registration application. The Department shall review the evidence submitted and accept or deny the request within a reasonable period of time. A sign that has been identified as non-conforming on the initial registration application may remain erected unless and until the Department has issued a determination that it is not non-conforming. The registration of the OAC and remaining sign inventory shall continue unimpeded while such a determination is pending.
  1. The Department shall maintain a list of all signs that it accepts as non-conforming.
  2. The Department may withdraw its acceptance of a non-conforming sign upon discovering evidence that the sign was improperly considered, or should no longer be considered, a non-conforming sign, and upon such withdrawal and after notice to the OAC, the sign must be removed pursuant to the Zoning Resolution.

§ 49-17 Information Required on Signs.

On and after the 90th day after the approval of the OAC registration, all signs included in an OAC’s inventory shall have posted thereon the name of the OAC to which it is registered, the OAC registration number and, unless a permit is not required, the permit identification number for the installation, alteration or erection of such sign and, if applicable, for the maintenance of such sign. All required information shall contrast with the background and be visible from the arterial highway and/or public park.

Subchapter C: Administrative Remedies of the Department Pursuant To Section 26-260(d) of the Administrative Code

§ 49-21 Department’s Discretionary Power to Revoke, Suspend or Refuse to Renew Registration and Impose Fines Pursuant to § 26-260(d) of the Administrative Code.

(a) The Department may revoke, suspend or refuse to renew the registration of an OAC on the grounds specified in § 26-260(d) of the Administrative Code. For the purposes of this section it shall be presumed that an OAC knew or should have known that such inventory was incomplete or inaccurate if the OAC or, if applicable, an affiliated OAC thereof, owns or has a contract for control of the sign, sign structure or sign location that is omitted from or inaccurately described in the sign inventory.
  1. Procedure for revocation of registration. Prior to revoking, suspending or refusing to renew the registration of an OAC or imposing fines or other penalties, the Department shall give such OAC notice and opportunity to be heard as follows:

   (1) The Department shall serve notice on the OAC by regular mail, to the address and name provided in the most recent application for registration or renewal, listing the instances of liability by date, tribunal, section of law or rule found to have been violated, and title, caption, index number or other identifying indicator of the violation proceeding, if any.

   (2) The notice shall advise the OAC of its right to submit papers in opposition to revocation, suspension of or refusal to renew the registration, and the deadline to do so, which shall not be less than 10 days after the date of mailing of such notice.

   (3) Such notice, when the Department seeks to revoke or suspend the registration, also shall advise the OAC of its right to a hearing at the Office of Administrative Trials and Hearings (“OATH”), pursuant to the provisions of 1 RCNY Chapter 13.

Subchapter D: Removal, Storage, and Disposal of Signs and Sign Structures

§ 49-31 Applicability.

The provisions of this subchapter shall apply to signs and sign structures removed by the Department or its authorized representatives pursuant to Administrative Code §§ 26-127.3 and 26-262(d).

§ 49-32 Procedure.

(a) Where the signs and sign structures are physically removed, they shall be vouchered and maintained in a secure location.
  1. Within ten days after removal, the Department or an authorized representative designated by the Department shall send notice of such removal by regular mail to the owner of the sign and/or sign structure if the address and identity of such owner is reasonably ascertainable. If applicable, such notice shall include the place where the sign and/or sign structure may be claimed and the procedure for making a claim.
  2. The owner or other person lawfully entitled to possession of such property shall submit a claim for the release of such property to the Department or to an authorized representative designated by the Department. Such claim shall be accompanied by documentary proof establishing entitlement to such property.
  3. The costs of removal and storage of the sign shall be determined by the Department. Such costs shall be paid prior to release of the sign and/or sign structure unless the sign and/or sign structure is under the control of an OAC and the Department has served notice on such company and drawn upon the letter of credit or other security acceptable to the Department posted by such company, in accordance with § 26-127.3 of the Administrative Code.
  4. If, after consulting with the Department’s enforcement unit, it is determined that fines or civil penalties have been imposed for a violation related to such sign or that an action or proceeding is pending in which such fines or civil penalties may be imposed, the sign and/or sign structure shall not be released without proof of payment of such fines and civil penalties or, if the action or proceeding is pending in which such fines or civil penalties may be imposed, proof that a letter of credit or other security acceptable to the Department has been provided in an amount sufficient to guarantee such payment.

§ 49-33 Disposal of Abandoned Signs and/or Sign Structures.

Signs and/or sign structures that are not claimed in accordance with the procedure set forth above within 30 days after removal shall be deemed abandoned and shall be sold at public auction or turned over to the Department of Sanitation in accordance with subdivision i of § 26-127.3 of the Administrative Code.

Subchapter E: Application For Sign Work Permit

§ 49-41 Application Requirements.

(a) An application to erect, alter or install a sign and/or sign structure in an area that is subject to inclusion on the sign inventory as set forth in 1 RCNY § 49-15 that is larger than 200 square feet shall be accompanied by the following documentation:

   (1) A detailed description and/or drawing of the proposed sign, including its size;

   (2) A plot plan indicating the block and lot, zoning lot and exact location and size of the proposed sign and/or sign structure, as well as the location, size, and, if available, sign permit and OAC identification numbers for all other signs on the zoning lot, with their size in square feet;

   (3) A statement indicating whether the proposed sign and/or sign structure will be within view of a public park of one-half acre or more or of an arterial highway.

   (4) A statement indicating the distance in feet to each public park of one-half acre or more that is within 200 feet of the proposed sign, and to each road designated as an arterial highway, that is within 900 feet of such proposed sign. Distance to the public park or arterial highway shall be calculated as set forth in 1 RCNY § 49-15(d)(1);

   (5) A statement whether the proposed sign is to be “advertising,” “accessory” to a business, or “non-commercial.”

   (6) For accessory signs, the following items shall be submitted with the application in addition to the other required items listed in this section:

      a. The corporate name and D/B/A name of the use on the zoning lot that the proposed sign is to advertise and the name of the owner or principal of such business.

      b. A written description of the existing or proposed business operation on the zoning lot, including the size of the business operation in square feet and average number of daily employees regularly on-site, signed and notarized by a principal or officer of such business;

      c. A drawing and/or description of the proposed sign copy;

      d. A complete lease signed by a principal or officer of the business, demonstrating the amount of space leased at the zoning lot by the business being advertised. If the business being advertised at the zoning lot owns the subject premises, a copy of the deed is to be provided;

      e. A statement signed by the property owner indicating the parties with ownership, lease or creditor interest in the sign and sign structure;

      f. An approved alteration application and/or a certificate of occupancy or satisfactory historical evidence acceptable to the Borough Commissioner demonstrating that the specified business use to which the sign directs attention is permitted on the zoning lot;

      g. A restrictive declaration, signed by a fee owner of the real property, that binds the owner and its successors to remove the sign and sign structure if at any time the use of the premises is changed, or an occupant of the premises ceases tenancy, such that the sign is no longer an accessory sign. The declaration shall further provide that if the sign is not removed, the Declarant consents to allow the City to enter onto the premises to remove the sign and sign structure and the Declarant agrees to reimburse the City for all actual costs associated with such removal. Proof of recording of the restrictive declaration must be submitted prior to approval of the sign work permit application; and

      h. Financial statements detailing actual or projected income from the business at the zoning lot and demonstrating that no income or financial benefit shall be derived or expected from the sign.

  1. The work permit application shall be accompanied by a certification by a registered architect or licensed professional engineer that he or she has personal knowledge that the proposed sign and sign structure shall be in compliance with the zoning resolution and, if accessory, that the requirements of paragraph (a)(6) of this section have been satisfied.
  2. No work permit shall be issued to erect a sign structure, unless a sign application has been approved to erect a sign thereon.

§ 49-42 Accessory Sign Permits.

(a) A sign permit for an accessory sign shall only be issued to a sign with non-changeable copy, except that the Borough Commissioner may, upon review, accept changeable copy for a digital sign, provided the name of the business to which the sign is directing attention appears prominently at all times on the sign, the changeable copy directs attention only to products sold at the premises, and the Department is provided with a direct access means to monitor the copy.
  1. The Borough Commissioner may request an inspection prior to issuing a permit for any accessory sign, to confirm that the sign will direct attention to a bona fide business on the zoning lot.
  2. No sign with a permit for non-changeable copy may be changed, including a change in its copy, without obtaining a new permit from the Department. A change in copy on a sign that was permitted for non-changeable copy may be considered an alteration of the sign for purposes of §§ 27-147 and 27-177 of the Administrative Code.

§ 49-43 Advertising Signs.

Absent evidence that revenue from the sign is clearly incidental to the revenue generated from the use on the zoning lot to which it directs attention, the following signs are deemed to be advertising signs for purposes of compliance with the Zoning Resolution:

  1. Signs that direct attention to a business on the zoning lot that is primarily operating a storage or warehouse use for business activities conducted off the zoning lot, and that storage or warehouse use occupies less than the full building on the zoning lot; or
  2. All signs, other than non-commercial, larger than 200 square feet, unless it is apparent from the copy and/or depictions on the sign that it is used to direct the attention of vehicular and pedestrian traffic to the business on the zoning lot.

Chapter 50: Distributed Energy Resource Standards

§ 50-01 Requirements for the Installation of High-Pressure Natural Gas-Fired Microturbine Systems.

(a) General requirements. All microturbine systems shall comply with the following general requirements:

   (1) Description.

      (i) The Microturbine System shall include one or more combustion-based turbine-driven electrical generators with 500 kW or less capacity, natural gas compressing equipment, heat recovery devices, electrical power distribution devices, gas vents or chimneys and associated appurtenances.

      (ii) Microturbine systems shall utilize natural gas at an inlet pressure to the system of not greater than 3 psig, and shall boost the gas pressure to an inlet pressure to the combustion device of greater than 15 psig within the unit or room enclosure.

      (iii) The total nominal electrical capacity at standardized operating conditions of all microturbine systems located within a single building shall not exceed 2,000 kW.

   (2) Listing or MEA approval. For microturbines with external compressors, the compressor shall be MEA-approved and all components of the compressor and the microturbine shall be listed by a nationally recognized testing laboratory approved by the Commissioner. For microturbines with the compressor integrated with other elements into the unit, the integrated unit as well as each of its components shall be listed by a nationally recognized testing laboratory approved by the Commissioner.

   (3) Utility ruling. The applicant shall consult the appropriate utility company regarding the characteristics of existing gas and electrical service to the site before installing the microturbine system. The applicant shall provide to the Department prior to plan approval either documentation from the utility company confirming that the electrical interconnection requirements have been preliminarily satisfied or an affidavit from the owner that there will be no interconnection with the electrical grid.

   (4) Filing and permit. Plans for the complete microturbine system installation shall be approved by the New York City Department of Buildings and a work permit shall be obtained. A set of the approved plans shall be provided to the Fire Department.

   (5) Installation.

      (i) Regulation. Installation of microturbine systems shall be in accordance with all applicable requirements of the New York City Building Code, the New York City Electrical Code, and Reference Standards. NFPA 37 shall also apply, except where the Codes or these Rules are more restrictive. Such regulations include, but are not limited to the following: fuel gas piping, egress, fire protection, fire detection, electrical power, ventilation, and gas vent or chimney.

      (ii) External compressor. For microturbines with an external compressor, the following requirements shall be satisfied:

         A. Gas connections between the compressor and the turbine shall be solid-welded; no threaded joints shall be permitted.

         B. A flame arrestor shall be installed upstream of the gas compressor to prevent flame propagating to the natural gas fuel distribution lines.

         C. The length of gas piping connecting the gas compressor with the combustion device, both of which shall be in the same room, shall not exceed 12 feet.

      (iii) Annunciation. All annunciations shall be provided locally and remotely to indicate any abnormal conditions in the system. The remote panel shall be located in a continuously supervised area on the premises.

      (iv) Automatic gas shut-off. Gas supply to the microturbine shall be provided with an automatic shut-off valve that is activated by a malfunction alarm from any component of the microturbine system.

      (v) Remotely and manually controlled emergency gas shut-off. A normally closed solenoid gas shut-off valve shall be located immediately after the branch connection providing dedicated service to the microturbine installation. The valve shall be manually controlled at the valve and remotely controlled both outside the door(s) to the microturbine room and at a supervised location. The gas shut-off valve and the controls shall each be clearly identified with signage indicating “emergency gas shut-off to microturbine.”

      (vi) Fuel shut-off valve diagram. A diagram shall be conspicuously posted on any door or gate leading to a microturbine indicating the locations of all manual and automatic fuel shut-off valves.

      (vii) Security. The microturbine shall be provided with adequate protection from theft, tampering and unauthorized use. Access to microturbine systems shall be restricted by locked doors but shall be readily accessible for maintenance, repair and Fire Department access. Microturbines shall be adequately protected from vehicle impact.

      (viii) Manufacturer’s requirements. All manufacturer’s requirements and recommendations shall be satisfied.

      (ix) Signage. Signage clearly stating “HIGH PRESSURE GAS” shall be posted on or in front of the microturbine or microturbine system, and on the outside of all doors accessing any microturbine room.

      (x) Existing buildings. For installation of microturbines in existing buildings, a structural evaluation of the method of support of the microturbine system shall be performed by a licensed engineer. Vibration isolation shall be provided for the microturbine system as required to mitigate vibration impact on the building structure.

   (6) Inspection. Gas piping serving the microturbine shall be inspected by the Department. No self-certification of inspection shall be permitted. The inspection shall include a pipe integrity pressure test of all distribution piping. Installation and assembly of all system components shall be subject to a controlled inspection, in accordance with Section 27-132 of the New York City Building Code. Gas will be turned on only after successful completion of all testing.

   (7) Fire Department permit. A Fire Department permit is required to operate the equipment.

   (8) Fire Department Certificate of Fitness. A certificate of fitness (“C of F”) holder, as authorized by the Fire Department, shall be required on the premises during regular business hours. The C of F holder shall be trained by the manufacturer or his authorized agent to shut down the equipment in an emergency.

   (9) Service contract. The owner shall obtain a service contract from the microturbine manufacturer or a service company qualified by the manufacturer upon approval of the microturbine installation, and shall maintain it during the life of the installation.

  1. Permitted locations.

   (1) Outdoors at grade, on a roof or on a roof setback, within an integral weatherproof or lightweight enclosure acceptable to the manufacturer, subject to the following:

      (i) Clearances. All components of the microturbine system shall be located a minimum of 4 feet from a wall or parapet, 8 feet from any building opening, including any door, operable window or intake opening and 5 feet from any exhaust termination or chimney. All microturbine systems located at grade shall satisfy the following clearances:

         A. 50 feet from any subway entrance, exit, vent or other opening;

         B. 20 feet from any above-ground flammable or combustible liquid storage tank;

         C. 10 feet from any lot line, except 4 feet from any lot line in and adjacent to a manufacturing district;

         D. 5 feet from any vent or fill line of any flammable or combustible liquid storage tank;

         E. 5 feet from any parked motor vehicle.

      (ii) Enclosure. All microturbine system components shall be contained within integral weather-proof enclosures pursuant to the listing of the device. The unit enclosure or the lightweight constructed enclosure shall be provided with a gas detection system with an alarm that annunciates in a supervised location. Equipment not directly associated with the microturbine system shall not be permitted in the same enclosure.

   (2) Within a dedicated Mechanical Equipment Penthouse classified as Occupancy Group D-2, and subject to the following:

      (i) Enclosure. The mechanical equipment penthouse shall be enclosed within 2-hour fire-resistance rated walls.

      (ii) Fire suppression. The equipment room shall be fully sprinklered or provided with an equivalent fire suppression system acceptable to the Commissioner.

      (iii) Mechanical ventilation. Mechanical ventilation shall be provided for the mechanical equipment penthouse at a rate sufficient to dissipate sensible heat released from the microturbine system in accordance with the manufacturer’s recommendations, at a rate adequate to dilute the microturbine system rated flow rate of fuel gas below 25 percent of the lower flammability limit (LFL) of the fuel gas, or at an exhaust and make-up air rate of 80 times the maximum leakage rate of natural gas from the high-pressure system within the room at standard temperature and pressure based on the rated capacity of the gas compressor, whichever is greater. The ventilation rate shall not be less than required to maintain the ambient room temperature within the manufacturer’s recommendations but shall not exceed 104 degrees Fahrenheit. Proper distribution of exhaust and make-up air must be provided to prevent pockets of increased gas concentration, including exhaust points high in the room to address the lighter-than-air properties of natural gas. Mechanical ventilation shall operate continuously.

      (iv) Gas detection and alarm. The mechanical equipment penthouse shall be provided with a gas detection system with an alarm that annunciates in a supervised location. The gas detection system shall also trip the microturbine.

      (v) Lighting. The mechanical equipment penthouse shall be provided with adequate lighting in accordance with the New York City Building Code.

      (vi) Other equipment. Equipment not directly associated with the microturbine system, including but not limited to gas meters, shall not be permitted within the mechanical equipment penthouse.

      (vii) Storage. No combustible materials shall be stored in the mechanical equipment penthouse.

   (3) Within a dedicated room in a building, subject to the following:

      (i) Capacity. The total installed rated capacity of the microturbine system in the room shall not exceed 1,000 kW.

      (ii) Enclosure. The microturbine room shall be enclosed within 2-hour fire-resistance rated walls.

      (iii) Fire suppression. The equipment room shall be fully sprinklered or provided with an equivalent fire suppression system acceptable to the Commissioner.

      (iv) Mechanical ventilation. Mechanical ventilation shall be provided for the microturbine room at a rate sufficient to dissipate sensible heat released from the microturbine system in accordance with the manufacturer’s recommendations, at a rate adequate to dilute the microturbine system rated flow rate of fuel gas below 25 percent of the lower flammability limit (LFL) of the fuel gas, or at an exhaust and make-up air rate of 80 times the maximum leakage rate of natural gas from the high-pressure system within the room at standard temperature and pressure based on the rated capacity of the gas compressor, whichever is greater. The ventilation rate shall not be less than required to maintain the ambient room temperature within manufacturer’s recommendations but not to exceed 104 degrees Fahrenheit. Proper distribution of exhaust and make-up air must be provided to prevent pockets of increased gas concentration, including exhaust points high in the room, to address the lighter-than-air properties of natural gas. Mechanical ventilation shall operate continuously.

      (v) Gas detection and alarm. The microturbine room shall be provided with a gas detection system with an alarm that annunciates in a supervised location. The gas detection system shall also trip the microturbine.

      (vi) Lighting. The microturbine room shall be provided with adequate lighting in accordance with the New York City Building Code.

      (vii) Other equipment. Equipment not directly associated with the microturbine system, including but not limited to gas meters, shall not be permitted within the microturbine room.

      (viii) Storage. No combustible materials shall be stored in the microturbine room.

   (4) Within a boiler or other mechanical equipment room of a building, subject to the following:

      (i) Capacity. The total installed rated capacity of the microturbine system in this room shall not exceed 500 kW.

      (ii) Enclosure. The mechanical equipment room shall be enclosed within 2-hour fire-resistance rated walls.

      (iii) Fire suppression. The mechanical equipment room shall be fully sprinklered or provided with an equivalent fire suppression system acceptable to the Commissioner.

      (iv) Mechanical ventilation. Mechanical ventilation shall be provided for the mechanical equipment room at the rate sufficient to dissipate sensible heat released from all gas-burning equipment located within the mechanical equipment room in accordance with the microturbine manufacturer’s recommendations, at a rate adequate to dilute the microturbine system rated flow rate of fuel gas below 25 percent of the lower flammability limit (LFL) of the fuel gas, or at an exhaust and make-up air rate of 80 times the maximum leakage rate of natural gas from the high-pressure system within the room at standard temperature and pressure based on the rated capacity of the gas compressor, whichever is greater. The ventilation rate shall not be less than required to maintain the ambient room temperature within the manufacturer’s recommendations but shall not exceed 104 degrees Fahrenheit. Proper distribution of exhaust and make-up air must be provided to prevent pockets of increased gas concentration, including exhaust points high in the room, to address the lighter-than-air properties of natural gas. Mechanical ventilation shall operate continuously.

      (v) Gas detection and alarm. The mechanical equipment room shall be provided with a gas detection system with an alarm that annunciates in a supervised location. The gas detection system shall also trip the microturbine.

      (vi) Lighting. The mechanical equipment room shall be provided with adequate lighting in accordance with the New York City Building Code.

      (vii) Gas meters shall not be permitted within the mechanical equipment room.

      (viii) Storage. No combustible materials, including fuels, shall be stored in the mechanical equipment room.

Chapter 51: Dormitories

§ 51-01 Classification of Student Dormitory.

(a) Applicability. Student dormitory is classified under the Zoning Resolution of the City of New York as a Use Group 3, community facility use. The Zoning Resolution allows residences of all kinds, including residences for students, under a Use Group 2 classification. This rule sets forth the criteria the Department shall use to designate a Class A building or part of a building as a Use Group 3 student dormitory. An owner that seeks to classify a rooming unit as a dormitory shall be subject to the provisions set forth in 1 RCNY 15-04(e).
  1. Definition. A student dormitory is a building or part of a building that is (1) operated by, or on behalf of, institution(s) that provide full-time day instruction and a course of study that may be pursued in fulfillment of the requirements of §§ 3204, 3205 and 3210 of the New York State Education Law, or post-secondary institution(s) authorized to grant a degree by the Regents of the University of the State of New York; (2) to house students enrolled at such institution(s). A student dormitory shall not be a single dwelling unit.
  2. Required documentation. No permit shall be issued to create a student dormitory unless the following documentation has been submitted to the Department:

   (1) Proof of ownership or control.

      (i) Copies of documents demonstrating that the owner of the building or part of the building for which such permit is sought is an educational institution that provides a course of study that meets the requirements of subdivision (b) of this section, or

      (ii) Copies of a lease of the building or part of the building for a minimum ten year term by an educational institution that meets the requirements of subdivision (b) of this section, or

      (iii) Copies of documents evidencing (A) the establishment of a non-profit entity, all of whose members, directors, trustees, or other individuals upon whom is conferred the management of the entity, are representatives of participating educational institutions that meet the requirements of subdivision (b) of this section to provide dormitory housing for students of such participating educational institutions; and (B) ownership or control of the building or part of the building by such non-profit entity for such purpose in the form of a deed or lease for a minimum ten-year term.

   (2) Restrictive declaration. Proof of recording of a restrictive declaration executed by Owner of the real property and any other party who holds an enforceable recorded interest that could result in such holder obtaining possession of the building or part of the building designated as a student dormitory. The agreement shall be binding upon all such parties’ heirs, legal representatives, successors and assigns. The Declaration shall be in a form acceptable to the Commissioner and shall include the following terms:

      (i) The facility shall only be used as a student dormitory, as defined in this chapter, or other Use Group 3 use.

      (ii) Under no circumstances shall the units in a student dormitory be offered for sale pursuant to a cooperative or condominium plan.

      (iii) Owner agrees to forego defenses to the enforcement of the provisions of this section.

      (iv) Owner agrees to prominently display the name(s) of the school(s) operating the student dormitory on the exterior of building.

  1. Term of certificate of occupancy. Where the student dormitory is not owned by an educational institution, but rather is leased, no certificate of occupancy shall be issued to the building for a term that exceeds the duration of the lease.
  2. Effect on other codes. The designation of a building or a part of a building as a student dormitory shall not by itself be determinative as to the occupancy, construction, or multiple dwelling classifications as determined pursuant to the Building Code, Housing Maintenance Code or Multiple Dwelling Law.
  3. If any clause, sentence, paragraph, subdivision, section, or part of this rule shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Chapter 52: Notification To the Department of Commencement of Work Pursuant To An Earthwork Permit

§ 52-01 Notification to the Department of Commencement of Work Pursuant to an Earthwork Permit.

(a) Notification to the Department. Pursuant to § 27-195 of the Administrative Code and subject to the exceptions set forth in subdivision (e) herein, no earthwork within the property line shall commence unless the permit holder notifies the Department as here prescribed at least twenty-four (24) but no more than forty-eight (48) hours prior to the commencement of such work. The notification shall state the date that such earthwork is to commence. Should the notification date fall on a weekend or an official holiday, the permit holder shall notify the Department on the last business day before the commencement date.
  1. Cancellation. In the event that the earthwork does not begin on the date provided in the notification to the Department, the permit holder shall notify the Department of its cancellation not more than twenty-four (24) hours prior to but no later than the date for which the earthwork was scheduled. Should the cancellation date fall on a weekend or an official holiday, the permit holder shall notify the Department on the next business day after the intended commencement date. The permit holder shall notify the Department of the new intended commencement date pursuant to the provisions of subdivision (a), above.
  2. Method of notification and cancellation. Such notification and cancellation shall be made by telephone or electronically.
  3. Stop work order. The Commissioner may issue a stop work order if there is a failure to provide notice as required in this section and if the work is found to violate any of the provisions of the Building Code, the Zoning Resolution or other applicable law, rule or regulation. Upon issuance of such stop work order, the work shall be stopped for a minimum of three (3) business days to enable the Department to take any other appropriate action to ensure that the earthwork is being performed in a safe manner. The earthwork shall not recommence until the stop work order has been lifted.
  4. Exceptions. The provisions of this section shall not apply to:

   (1) Hand excavation work that extends five (5) feet or less below the grade existing at the time of earthwork commencement and is two (2) feet or more from an existing foundation. This exception shall not apply to any hand excavation work performed anywhere in existing or demolished basements or cellars that adjoin existing foundations.

   (2) Test pits for geotechnical observation that do not exceed ten (10) feet in length, width or diameter and that are excavated under the supervision of a licensed professional.

   (3) Work on cemetery grounds for burials.

   (4) Emergency work performed by the Department of Housing Preservation and Development (HPD) or other agency as directed by the Commissioner or work on unsafe buildings performed by HPD or other agency pursuant to a precept.

Chapter 300: Use and Occupancy Classification

§ 310-01 Student Apartments.

(a) Scope. This rule establishes criteria for determining when dwelling units are classified as student apartments and when the fire safety provisions of Chapter 9 of the Building Code are applicable to such apartments. Student apartments shall not include buildings or portions thereof classified or recorded on a certificate of occupancy or in other records of the Department or other agencies as a dormitory pursuant to Chapter 3 of the 2008 Building Code or Subchapter 3 of Chapter 1 of Title 27 of the 1968 Building Code or as an equivalent classification pursuant to the building code in effect prior to December 6, 1968.
  1. References. See section BC 310.2 (definitions of: apartment; apartment, student; family); section BC 907.2.9.1; Housing Maintenance Code section 27-2004(a)(4) (definition of family).
  2. Classification as student apartments. Student apartment shall mean any apartment occupied or arranged to be occupied by students enrolled at a single accredited college or university and maintaining a common household pursuant to a lease, sublease, or occupancy agreement directly with such college or university, provided however, that the occupancy by fewer than four such students maintaining a common household and who are enrolled in a graduate program, a professional post-graduate program, or a continuing education program intended for adult learners beyond traditional undergraduate university or college age shall not be deemed a student apartment.

   (1) Definition of “family” under the New York City Zoning Resolution. Where the Zoning Resolution limits the use of a building to either a one-family or two-family residence, the number of occupants in such residence occupied as a student apartment shall be limited to four unrelated persons in accordance with the definition of “family” in Section 12-10 of the Zoning Resolution.

  1. Applicability of fire safety requirements.

   (1) Apartments converted to student apartment use on or after July 1, 2009. An apartment first occupied as a student apartment on or after July 1, 2009 shall comply with the following requirements:

      (i) where required by section BC 907.2.9.1, a fire alarm system complying with such section shall be installed;

      (ii) the entire structure in which the dwelling unit is located shall be fully sprinklered, provided however, that a building previously approved as fully sprinklered in accordance with the laws in effect prior to July 1, 2009 shall suffice as fully sprinklered;

      (iii) such occupancy shall not exceed the maximum occupancy contained in section 27-2075(a) of the New York City Housing Maintenance Code;

      (iv) prior to commencement of such occupancy, and on an annual basis thereafter, such college or university shall submit a fire safety and evacuation plan for such dwelling units and other student apartments in the building that contains fire safety and evacuation procedures acceptable to the Fire Commissioner and is in compliance with any rules promulgated by the Fire Commissioner; and

      (v) the dwelling unit shall comply with additional occupancy and construction requirements as may be established by rule by the Housing Preservation and Development Commissioner; and

      (vi) an application for construction document approval shall be submitted to the Department indicating the dwelling unit numbers to be converted to student apartments within the job description of such application, regardless of whether or not any construction activity will occur. A permit shall be issued and the project signed off prior to use as student apartments.

   (2) Apartments converted to student apartment use prior to July 1, 2009. The occupancy of an apartment first occupied as student apartment prior to July 1, 2009 may be continued without triggering the requirements of paragraph (1) of subdivision (d) of this section, provided that:

      (i) the occupancy of such apartment is limited to no more than three students maintaining a common household; and

      (ii) such apartment is thereafter occupied as a student apartment, although not necessarily by the same students, provided that such student apartment is not vacant for a period in excess of 12 months.

   (3) Summary chart. The chart in Figure 1 summarizes the applicability of fire safety requirements, but is not intended to supersede the text of paragraphs (1) and (2) of subdivision (d) of this section.

Figure 1 Summary chart of fire safety requirements

  Pre-2008-code buildings (1968, 1938, etc)   2008-code buildings
  Unit converted to student apartment prior to July 1, 2009 Units converted to student apartments on or after July 1, 2009 Units created or converted to student apartments
Undergraduate      
1 to 3 students in the apartment Requirements of 1 RCNY § 310-01 (d)(1) are not applicable Requirements of 1 RCNY § 310-01 (d)(1) are applicable Requirements of 1 RCNY § 310-01 (d)(1) are aplicable
4 to 7 students in the apartment Requirements of 1 RCNY § 310-01 (d)(1) are applicable Requirements of 1 RCNY § 310-01 (d)(1) are applicable Requirements of 1 RCNY § 310-01 (d)(1) are applicable
Post-Graduate      
1 to 3 students in the apartment Not deemed a student apartment Not deemed a student apartment Not deemed a student apartment
4 to 7 students in the apartment Requirements of 1 RCNY § 310-01 (d)(1) are applicable Requirements of 1 RCNY § 310-01 (d)(1) are applicable Requirements of 1 RCNY § 310-01 (d)(1) are applicable

~

  1. Certificate of occupancy. An amended certificate of occupancy need not be obtained in order to occupy an otherwise lawful apartment for use as a student apartment.
  2. Records. The college or university shall maintain records at the building that contains any student apartment, identifying the unit numbers of student apartments, the maximum number of students housed in each such unit, whether the students are post-graduate or are permitted to be undergraduate, and where applicable, whether the apartment was first occupied as a student apartment prior to July 1, 2009. Such records shall be available for inspection by the Department, the Fire Department, and the Department of Housing Preservation and Development. The college or university may be required to produce further records to substantiate compliance with this section.

Chapter 400: Special Detailed Requirements Based On Use and Occupancy [Repealed]

§ 403-01 Impact Resistant Stair and Elevator Shaft Enclosures. [Repealed]

Chapter 900: Fire Protection Systems

§ 907-01 One-Way Emergency Voice Communication Systems. [Repealed]

(a) Scope. Listed carbon monoxide (CO) detectors required to be installed in E, I-2 and I-4 occupancies and in buildings equipped with a fire alarm system that contain Group A-1, A-2, A-3 and certain B occupancies pursuant to sections 908.7.2 and 908.7.3 of the Building Code must be installed in accordance with the requirements of this section.
  1. Reference. See Sections 908.7.2, 908.7.3 and 908.7.4 of the Building Code.
  2. Group E, I-2 and I-4 occupancies. CO detectors with built-in sounder bases installed in E, I-2 and I-4 occupancies in accordance with BC 908.7.2 shall be installed in the following locations:

   (1) Any room containing carbon monoxide-producing equipment, except kitchens and laboratories.

   (2) Any corridor on the story where carbon monoxide-producing equipment unit is located, as well as one story above and one story below.

   (3) Any corridor on the story where enclosed parking or a loading dock is located, as well as one story above and one story below.

  1. Group A-1, A-2, A-3 and certain B occupancies. CO detectors with built-in sounder bases installed in buildings that are equipped with a fire alarm system and that contain A-1, A-2 or A-3 occupancies or assembly spaces classified as Group B occupancies in accordance with BC 303.1, Exception 1, must be installed in the following locations:

   (1) Any room containing CO-producing equipment, except kitchens and laboratories.

   (2) Any occupiable room or space on the same floor as, one story above, or one story below the CO-producing equipment that is at least 75 square feet and is not provided with mechanical ventilation.

   (3) Any corridor on the story where enclosed parking or a loading dock is located, as well as one story above and one story below.

   (4) Any parking attendant’s office or booth located within an enclosed garage or loading dock.

   (5) As an alternative to installation as provided in paragraphs (1) through (4) of this subdivision and subject to the Department’s approval, in locations determined by a performance-based design that is in accordance with Section 5.8.5.3.2 of reference standard National Fire Protection Association (NFPA) 720 and approved by the Department.

  1. Equipment shutdown. Activation of a CO detector located at the source of CO-producing equipment must shut down that source. This provision does not apply where the source is a generator.
  2. Installation Requirements. CO detectors must be installed in accordance with NFPA 720 – 2012 edition, as modified for New York City by this section.
  3. NFPA 720 amendments. Pursuant to Section 28-103.19 of the New York City Administrative Code, the New York City modifications to reference standard NFPA 720 – 2012 are as follows:

   (1) Section 2.1 is revised to add the following at the end: “Where a referenced publication has been modified for the City of New York by the New York City Building Code, every reference to such publication shall be deemed to include all such modifications.”

   (2) Section 2.2 is deleted and a new section 2.2 is added to read as follows:

      2.2 NFPA Publications. National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471. NFPA 70â, National Electrical Codeâ, as modified and incorporated into the New York City Electrical Code. NFPA 72â, National Fire Alarm and Signaling Code, as modified and incorporated into Appendix Q of the New York City Building Code. NFPA 101â, Life Safety Codeâ, as listed in Chapter 35 of the New York City Building Code. NFPA 110, Standard for Emergency and Standby Power Systems, as modified and incorporated into the New York City Electrical Code. NFPA 111, Standard on Stored Electrical Energy Emergency and Standby Power Systems, as listed in Chapter 35 of the New York City Building Code. NFPA 780, Standard for the Installation of Lightning Protection Systems, 2011 edition. NFPA 1221, Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems, 2010 edition. NFPA 5000â, Building Construction and Safety Codeâ, 2012 edition.

   (3) Section 2.3.4 is deleted and a new section 2.3.4 is added to read as follows:

      Section 2.3.4 UL Publications. Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, IL 60062-2096. ANSI/UL 1971, Standard for Safety Signaling Devices for Hearing Impaired, 2002, revised 2008. ANSI/UL 2034, Standard for Single and Multiple Station Carbon Monoxide Alarms, as listed in Chapter 35 of the New York City Building Code. ANSI/UL 2075, Standard for Gas and Vapor Detectors and Sensors, as listed in Chapter 35 of the New York City Building Code.

   (4) Section 4.4.1.1 is deleted and a new section 4.4.1.1 is added to read as follows:

      Section 4.4.1.1 Carbon monoxide detection system plans and specifications must be developed in accordance with the New York City Building Code by persons who are New York State Registered Design Professionals and experienced in the proper design, application and testing of carbon monoxide detection systems.

   (5) Sections 4.4.1.2, 4.4.1.3 and 4.4.1.4 are deleted in their entirety.

   (6) Section 4.4.2.1 is revised to add the following at the beginning: “Carbon monoxide systems installations must be performed by a New York City Licensed electrical contractor.”

   (7) Section 4.4.3.1 is revised to add the following at the beginning: “Carbon monoxide inspection, testing, maintenance and repair may be performed by a New York City Licensed electrical contractor holding a New York State registration for Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems or by those fire alarm companies holding a New York State registration for Business of Installing, Servicing or Maintaining Security or Fire Alarm Systems. The rules and regulations of the Fire Department shall apply as appropriate.”

   (8) Section 5.8.5.3.1 is deleted in its entirety.

   (9) Section 9.4.1.1 is deleted in its entirety.

Chapter 1000: Means of Egress

§ 1014-01 Masonry Equivalent Exit Enclosures.

(a) Scope. This rule provides the construction requirements for masonry equivalent exit enclosures in Groups R-1, R-2 and B occupancies.
  1. References. See sections 1014.2.1 (Two exits and exit access doorways, Exceptions 3 and 4) and 1019.1 (Enclosures required Exception 10) of the building code.
  2. Stud wall construction requirements. A masonry equivalent exit enclosure constructed as stud and wall board assembly shall satisfy the following requirements:

   (1) Prescriptive stud and wall board assembly. A compliant wall assembly shall be substantially identical to, and shall provide an impact resistance equivalent to or exceeding, the performance of one (1) of the following:

      (i) Materials. Impact resistant wall board sheathed on the interior surface of the exit enclosure wall assembly shall be tested by an approved testing agency. The wall board used as the interior face panel shall be listed by an approved agency to ASTM C 1629-06, Standard Classification for Abuse-Resistant Nondecorated Interior Gypsum Panel Products and Fiber-Reinforced Cement Panels, Impact Classification Level 2, and the base layer panel shall be a minimum 5/8 inch (16 mm) gypsum wall board. Wall board applied to the interior surface of the exit enclosure wall shall not reduce the clear width of the exit stairs below that required for means of egress by Chapter 10 of the building code.

      (ii) Assembly. The wall assembly shall be at least two-hour fire resistance rated.

      (iii) Installation shall comply with the following:

         (A) Studs shall be minimum 3-1/2 inch (89 mm) depth cold-formed steel framing, at least 33 mils thick (20 gauge).

         (B) Vertical studs shall be spaced at a maximum distance of 24 inches (610 mm), on center.

         (C) Runners shall be securely attached at the floor and ceiling to structural element members and shall comply with the structural requirements of the building code.

         (D) Wall boards shall be attached with No. 8 self-drilling bugle-head screws, 12 inches (305 mm), on center maximum, with a minimum depth of 5/8 inch (16 mm) penetration into the wall cavity.

         (E) Joints between adjoining sheets of wall board shall be staggered from base layer with face panel layer.

   (2) Performance-based requirements. For a wall assembly not classified in subdivision (1) above, a masonry equivalent wall assembly shall satisfy the following requirements:

      (i) Materials. Materials constituting the interior side of the exit enclosure wall assembly shall be tested by an approved testing agency to ASTM C1629, Hard Body Impact Classification Level 3.

      (ii) Assembly. The wall assembly shall have a minimum two-hour fire resistance rating. The wall assembly shall be tested by an approved testing agency to ASTM C1629, Soft Body Impact Classification Level 2.

      (iii) Installation. Wall assemblies shall be anchored to structural members and shall comply with the structural requirements of the building code.

Chapter 1100: Accessibility

§ 1101-01 Bathroom and Powder Room Design Prototypes.

(a) Applicable standard with modifications. For alterations in buildings originally occupied:

   (1) on or before March 13, 1991, in accordance with Item 2.1 of Section 1101.3.2 of the New York City Building Code (“Building Code”), bathroom and powder room prototypes contained herein shall be constructed and equipped as set forth in ANSI A117.1-1986, American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People, subject to modifications provided in this rule.

   (2) after March 13, 1991, or for bathrooms and powder rooms that do not fully comply with the prototypes in this section, the provisions of ANSI A117.1-2009, Accessible and Usable Buildings and Facilities, and Chapter 11 of the Building Code apply. If compliance with ANSI A117.1-2009 is a hardship, the applicant may request a waiver pursuant to the provisions of Section 1101.3.5 of the Building Code.

  1. Minimum number of accessible fixtures. In a bathroom complying with item 2.1 of Section 1101.3.2 of the Building Code, at least one lavatory, one water closet and either a bathtub or Shower shall comply with ANSI A117.1-1986, In a powder room complying with item 2.1 of Section 1101.3.2 of the Building Code that contains only a lavatory and a water closet, such lavatory and water closet shall comply with ANSI A117.1-1986.
  2. Additional fixtures. An additional bathing fixture within such bathroom, as shown in Figure 1, need not fully comply with ANSI A117.1-1986 provided the following conditions are met:

   (1) The three basic required fixtures are within an area of 5’-5” by 7’-4” minimum finished dimensions, and

   (2) Any additional bathing fixture is provided with reinforcements for the installation of grab bars, and

   (3) If a door is provided for accessing the additional bathing fixture, it is 2’-8” clear or as close to that dimension as possible, and

   (4) The additional bathing fixture contains all other required features, including, but not limited to, reinforcement for future mounting of shower seat, shower faucet and control and shower spray unit.

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Figure 1

  1. Prototypes. The prototypes in Figures 2 through 6 are acceptable as-of-right for bathrooms and powder rooms designed and constructed pursuant to item 2.1 of Section 1101.3.2 of the Building Code.
  2. Design drawing requirements.

   (1) The following items shall be indicated on the design drawings for the bathroom or powder room:

      (i) Future outward swing of the bathroom door indicated by a dotted line on the drawings and indications that such outward door swing does not obstruct a wheelchair user’s access from the adjacent space.

      (ii) Dimensions of grab bar reinforcement at all required locations.

      (iii) Finished dimensions.

   (2) General notes. The following notes shall be placed on the drawings:

      (i) Future outward door swing indicated by dotted line on drawings.

      (ii) Note on door schedule that the door and frames are provided with mortised hinge and latch blanks to permit future reversal of the door on the same frames using common hand tools and without further alterations to the door and frames.

  1. Powder rooms. The prototypes in Figures 2 through 6 can also be considered acceptable powder room prototypes so long as the finished dimensions are measured as if there were a wall flush with the front face of the tub or shower.
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Figure 2

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Figure 3

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Figure 4

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Figure 5

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Figure 6

  1. Prototype for secondary bathrooms. The prototype of a bathroom with a stall shower shown in Figures 7 and 8, below, is acceptable as-of-right in secondary bathrooms designed and constructed pursuant to item 2.1 of Section 1101.3.2 of the Building Code.
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Figure 7

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Figure 8

Chapter 3000: Elevators and Conveying Systems

Subchapter A: Amusement Devices

§ 3005-01 Scope and application.

This subchapter adopts all the national standards set forth in 1 RCNY § 3005-11 and is applicable to all amusement devices including, but not limited to, inflatable amusement devices, portable amusement devices and simulators operated within the City of New York, whether located on a permanent, temporary, or mobile foundation. An amusement device that is not in compliance with this subchapter must not be operated.

§ 3005-02 Definitions.

For the purposes of this subchapter, the following terms are defined as follows:

Amusement device or ride. A device or combination of devices or elements that carry, convey, or direct a person(s) over or through a fixed or restricted course, or within a defined area, for the primary purpose of amusement or entertainment.

   Exceptions. For the purposes of this subchapter, the following are not considered to be amusement devices:

      (a) Any single passenger, coin-operated amusement device that is manually, mechanically, or electrically operated, does not normally require the supervision or services of a device operator, and is customarily placed, individually or in groups, in a public location.

      (b) Locomotives weighing more than 7 tons (3178 kg), operating on a track of any length, the gage of which is 3 feet (914 mm) or greater, and the weight of which is 60 pounds (927.24 kg) per yard (1006 mm).

Amusement device operator. Any person or persons actually engaged in or directly controlling the operations of an amusement device or ride, including the start, stop or speed of the amusement device.

Amusement park. A temporary or permanent entertainment complex or park, offering various forms of entertainment, such as arcade games and amusement devices as well as food, drink, and souvenirs.

Amusement park operator. A person who manages or is in charge of the operations of one or more amusement devices and also one or more device operators.

Certificate of competency. A certificate issued by the Department to an amusement park operator who demonstrates his or her competence in operating an amusement device.

Certificate of compliance (“Green card”). A certificate issued by the Department for an amusement device that passes inspection by the Department.

Certificate of operation. A certificate issued to a device operator for a specific amusement device to certify that training on that device was provided by an amusement park operator who has received his/her certificate of competency for the same device.

Child. A person twelve (12) years of age and under.

Containing device. A strap, belt, bar, gate or other safety device that is not intended to provide physical support, but is designed to prevent accidental or unintentional ejection of a passenger from an amusement device.

Entry area (to amusement device). The area or gate where passengers form a line and hand in tickets prior to arriving at the loading area to get on the amusement device or ride.

Exit area (from amusement device). The area or gate where passengers depart from the ride area after leaving the unloading area.

Guardian. Any parent, custodian, supervisory companion, or other person responsible for the well-being and safety of another amusement device rider such as a minor, disabled person, or elderly person, while entering, riding, and exiting the amusement device and/or park.

Guardian restriction. A requirement placed on an amusement device by the manufacturer or amusement park operator that a rider must be accompanied by a guardian.

Height restriction. A minimum height requirement of passengers permitted to ride an amusement device.

Inflatable. An amusement device designed for uses that may include, but are not limited to, bouncing, climbing, sliding, or interactive play. An inflatable is made of flexible fabric, is kept inflated by continuous air flow by one or more blowers, and relies upon air pressure to maintain its shape.

Kiddie ride. An amusement ride designed primarily for use by children.

Loading/unloading area (of amusement device). The area(s) immediately next to the recreational or moving portion of the amusement device where passengers get on/off the amusement device.

Lock-out. The placement of a device, such as a lock, on an energy isolating device so that the energy isolating device and the equipment being controlled cannot be operated until the device is removed, typically accompanied by tag-out.

Manual(s). Information and instructions related to the operation, maintenance, inspection and test requirements of the amusement device. A manual is prepared by the amusement device manufacturer or, where the manufacturer’s manual is not available, by a registered design professional.

Nondestructive test or testing (NDT). A general term used to identify inspection methods that allow for the evaluation of welds, structural members and joints without destroying their function.

Owner. A lessee or a person with legal title to one or more amusement devices.

Permanent. Lasting for a period of time exceeding fourteen (14) calendar days from the date of the issuance of a certificate of compliance.

Portable. An amusement device that may be relocated by mounting such a device on a motor vehicle or trailer; or an amusement device, including an inflatable amusement device, that requires additional assembly or support for its proper operation at the location where it is to be used.

Restraining device. A safety belt, harness, chair, bar or other device that provides actual physical support, retention or restraint to the passenger of an amusement device.

Signal person. A person who assists the amusement device operator in ensuring that all passengers have been loaded/unloaded and/or are secured with restraining/containing devices and signals the amusement device operator when the ride is safe to operate via hand or verbal signals.

Special amusement building. See Building Code Section BC 411.

Tag-out. The placement of a prominent warning device, such as a tag and means of attachment, on an energy isolating device to indicate that the energy isolating device and the equipment being controlled cannot be operated until the warning device is removed, typically accompanied by lock-out.

Temporary. Lasting for a period of time equal to or less than 14 calendar days from the issuance date of a certificate of compliance.

§ 3005-03 Administration.

(a) Filing requirements.

   (1) License applications. All license applications for amusement devices are filed with the Department of Consumer Affairs (“DCA”) pursuant to the requirements of Title 20 of the Administrative Code.

   (2) Permanent installations. No permanent amusement device may be installed, dismantled, removed, relocated, or reassembled unless an installation application is filed with the Department. The Department’s application form(s), along with all required construction documents, must be completed and filed by the owner, amusement park operator, or the owner’s representative. Such application must be approved by the Department prior to the initial use of the amusement device and include:

      (i) The name, address and signature of the amusement device owner.

      (ii) Complete application and engineering plans signed and sealed by a registered design professional including other reports required by 1 RCNY § 3005-10 and the manual. Engineering plans, dimensioned to scale, must identify parts and components of amusement devices including, but not limited to bars, cables, chains, ropes, rods, pipes, girders, braces, fittings, fasteners, trusses, pressure vessels, pressure piping, gears, clutches, speed reducers, welds, bearings, couplings, shaftings, axles, hangers, pivots, carriers (such as tubs, cars, chairs, gondolas, or seating and carrying apparatus of any description) and safety bars, belts, harnesses, chains, gates or other restraining, containing, or retaining devices.

      (iii) Foundation support and details signed and sealed by a registered design professional.

      (iv) Trade or descriptive name of the amusement device and model number, if any, together with any identifying numbers.

      (v) The name and address of the manufacturer.

      (vi) Passenger capacity of the amusement device.

      (vii) An electrical permit, if applicable.

      (viii) Associated estimated cost of the device and installation.

      (ix) Commercial general liability insurance as required by DCA.

   (3) Temporary and portable installations. The owner, amusement park operator, or owner’s representative of temporary and portable amusement devices, including inflatable devices, must file a registration application with the Department using forms created by the Department. Such registration information must be approved by the Department prior to the amusement device’s initial use and include:

      (i) The name, address and signature of the amusement device owner.

      (ii) Trade or descriptive name of the amusement device and model number, if any, together with any identifying numbers.

      (iii) The name and address of the manufacturer.

      (iv) Manufacturing date of the amusement device.

      (v) Passenger capacity of the amusement device.

      (vi) Commercial general liability insurance as required by DCA.

  1. Fees. Refer to Table 28-112.2 of the Administrative Code.
  2. Alterations and modifications. All alterations and modifications to an amusement device must be filed with the Department. Refer to 1 RCNY § 3005-04 for design guidelines and 1 RCNY § 3005-06 for device identification requirements.
  3. Dismantling and removals. All dismantling and removals of permanent amusement devices must be filed with the Department. All such filings must be signed and sealed by a registered design professional attesting that the dismantling and removal of the amusement device would not leave any remaining structure associated with the amusement device in an unstable or compromised condition.
  4. Cease use order. In accordance with § 28-207.5 of the Administrative Code, whenever the commissioner determines that the operation of any amusement device is or may be dangerous to life, health, or safety, the commissioner may issue a “cease use”’ order requiring such equipment to be shut down, sealed, or otherwise made inoperable. Upon the issuance of such order, a tag or notice must be affixed to the amusement device warning that it is unsafe for operation. It is unlawful to operate such device or to remove or deface such tag until the cease use order is rescinded by the commissioner per § 28-207.5.1 of the Administrative Code.
  5. Adverse weather conditions. An amusement device that is exposed to strong winds or storm cannot be operated under such dangerous weather conditions, as provided in such device’s operating manual, except for the purpose of releasing passengers.
  6. Record keeping.

   (1) Manuals. All relevant amusement device manuals must be kept on site and made available to the commissioner upon request.

   (2) Records. All inspection and test records of amusement devices and equipment must be kept on site and made available to the commissioner upon request. Such records must contain the following:

      (i) Date and nature of all inspections and tests, whether by the Department, the owner, or amusement park operator;

      (ii) Any violation or notice of deficiency issued by New York City (NYC) and the action taken to fix the problem;

      (iii) Any repairs and adjustments made to any part of the equipment to ensure safe operating conditions for the amusement device;

      (iv) Any parts changed or repaired; and

      (v) The inspectors’ names.

   (3) Duration. The amusement park operator must retain current operation, maintenance, inspection, and test records for each amusement device for the preceding one (1) year in a maintenance log kept on site. Such records must be kept up-to-date and be made available to the commissioner upon request. The owner must maintain records for the past seven years and make them available to the commissioner on request.

  1. Certification and revocation.

   (1) Certificate of competency for amusement park operators. Amusement park operators of permanent, temporary and portable amusement devices must obtain a certificate of competency from the Department by demonstrating an ability to operate an amusement device safely in normal and emergency situations. Each certificate must list every amusement device that the applicant will be operating.

   (2) Certificate of competency for inflatable rides. In order to receive a certificate of competency for an inflatable ride, the amusement park operator must bring, set up, and operate such ride at a location and on a date and time determined by the Department.

   (3) Duration and renewal. Certificates of operation and competency are valid for one (1) year from the date of issuance and can be renewed annually.

   (4) Revocation. Following notice and an opportunity to be heard, the Department may revoke an amusement park operator’s certificate of competency for failure to comply with the requirements of these rules.

  1. Amusement device operator qualifications. All amusement devices must be operated by a competent individual designated by the owner or amusement park operator. All amusement device operators must:

   (1) Be eighteen (18) years of age or older, except for kiddie ride operators, who can be seventeen (17) years of age or older;

   (2) Be free from any physical or mental conditions that could affect the performance of his/her duties;

   (3) Be able to communicate and understand the English language;

   (4) Hold a current certificate of operation from the amusement park operator as provided for in subparagraph (ii) of paragraph (4) of subdivision (j) of this section; and

   (5) Be trained in accordance with ASTM F 770, by the amusement park operator, before being allowed to operate an amusement device.

  1. Responsibilities.

   (1) Owner responsibilities. Refer to general maintenance, device maintenance, and record keeping requirements set out in this rule.

   (2) Amusement device operator responsibilities. The amusement device operator has the following responsibilities:

      (i) The amusement device operator must maintain full and uninterrupted attention during the amusement device’s operation;

      (ii) The amusement device operator may not use any personal telecommunication or listening device during the amusement device’s operation;

      (iii) The amusement device operator may not operate more than one (1) amusement device at any given time;

      (iv) The amusement device operator must have knowledge and training in the use and function of all normal and emergency operating controls of the amusement device;

      (v) The amusement device operator must be within reach of the normal and emergency operating controls during the device’s operation. No other person may be permitted to handle such controls unless the amusement device is designed to be partially or entirely operated or controlled by a passenger;

      (vi) The amusement device operator must not operate any amusement device while under the influence of alcohol or drugs;

      (vii) The amusement device operator must operate the amusement device in accordance with the operating manual. An amusement device must not be operated at an unsafe speed or at a speed beyond that recommended by the manufacturer. The operating manual must be kept with the amusement device or in an office on the same location as the amusement device. The manual must be made available for inspection or use by the Department;

      (viii) When restoration of electrical power to an amusement device could create a hazard to anyone during the performance of maintenance, repair, inspection, or an emergency evacuation of passengers, the amusement device’s electrical disconnect switch must be turned off and the device locked-out and tagged-out. The amusement device must remain locked-out and tagged-out until such time that the restoration of power will not create a hazard; and

      (ix) The amusement device operator must not operate an amusement device that does not have a current certificate of compliance.

   (3) Owner, amusement park operator and amusement device operator responsibilities. The owner, amusement park operator, or amusement device operator must refuse any member of the public admission to an amusement device if:

      (i) The passenger’s health, physical condition, or conduct appears to make it unsafe for him/her to use the amusement device.

      (ii) The passenger does not meet the amusement device specific requirements as stipulated by the posted height and guardian restrictions. Legible signs displaying these restrictions must be posted in an unobstructed location in full view of individuals seeking admission to the amusement device.

   (4) Amusement park operator responsibilities. The amusement park operator has the following responsibilities:

      (i) Training of device operators. The amusement park operator who holds a certificate of competency is responsible for training individual device operators in accordance with ASTM F770. All training must be documented in a log which must be kept at the site and made available upon the Department’s request.

      (ii) Issuing a certificate of operation for amusement device operators. After training the amusement device operators in accordance with the provisions of subparagraph (i) of this paragraph, amusement park operators must issue certificates of operation to the amusement device operators.

      (iii) Affidavit. The amusement park operator must provide an affidavit stating that the amusement device operators have been issued certificates of operation and that each amusement device operator meets the qualifications as set forth in subdivision (i) of this section. Such affidavit must include a government-issued photo identification card of each device operator as well as a list of the amusement devices that he/she has been trained to operate.

      (iv) Ensuring compliance. The amusement park operator must ensure that the amusement device operators comply with the requirements of these rules. If the requirements are not met, or as directed by the Department, the amusement park operator must immediately revoke the certificate of operation and notify the Department in writing of the revocation.

      (v) Inflatable amusement devices. Prior to an event, the amusement park operator must provide the Department with the event location, event dates, and written certification verifying that all of the installed inflatable amusement rides comply with the manufacturer’s manual and bulletins. The Department may perform an audit of the certificate of competency requirements at such event location.

§ 3005-04 Design guidelines.

(a) General requirements. All new and altered structures used in connection with amusement devices must be designed and constructed in accordance with ASTM F1159, F1193, F2374, F2375, and F2291 and relevant provisions of the Building Code to safely carry all loads to which such structures may normally be subjected.

   (1) Stress analysis. All amusement devices must be designed, constructed, and installed to withstand any normal stresses to which they may be subjected. Stress analysis must include the effect of forces generated by acceleration, deceleration, centrifugal action, or by kinetic or other forces that are constant, reversible, or eccentric. Materials and other data pertinent to the design, factors of safety, or performance characteristics must be in accordance with accepted engineering practices, standards and specifications acceptable to the Department.

   (2) Stability. Before being used by the public, amusement devices must be placed or secured with blocking, cribbing, outriggers, guys or other methods as required by the manual in order to be stable under all operating conditions.

   (3) Foundations. The manual containing the recommended foundations must be kept with all permanent and temporary amusement devices. If the manual does not contain the required foundations, then a plan and design of the footings prepared by a registered design professional must be prepared and kept with the amusement device. Such plan must indicate the size and pressure under the footings and allowable soil bearing capacity.

   (4) Passenger restraining or containing devices.

      (i) Passenger restraining or containing devices must be provided and used by passengers on any amusement device where centrifugal and other forces or mechanical malfunction could unseat or eject a passenger. Such passenger restraining or containing devices must be designed, constructed, installed, and maintained to safely support the passenger.

      (ii) Amusement devices equipped with a safety bar, cage, or other mechanically operated restraining device must be equipped with a device designed so that the safety bar, cage, or other mechanically operated device cannot be released except at the point of loading or unloading by the device operator.

      (iii) Anchorage for the required restraining devices must have a minimum strength equal to the strength of the restraining device.

      (iv) Fastenings of the restraining or containing device must be of a type that cannot be unintentionally released by the passenger.

   (5) Passenger loading and unloading. Belts, bars, foot rests, and other equipment necessary for safe entrance and exit, and for support while the amusement device is in operation, must be provided and maintained in a safe condition. Such equipment and fastenings must be of sufficient strength to hold or support the passengers.

   (6) Electrical work. When setting up amusement devices, the electrical work must conform to the requirements of the New York City electrical code. All amusement devices powered by electricity must be provided with a main disconnect switch capable of being locked only in the “off” position.

   (7) New and modified amusement devices. For any new permanent, temporary, or portable amusement devices, or whenever any additions or alterations are made to any amusement device that change its structure, mechanism, or capacity, a registered design professional must submit signed and sealed plans of the amusement device to the Department for approval. Such plans must contain design data, safety factors, materials utilized, stress analysis and any other relevant data.

   (8) Air compressors and equipment. Air compressors, air compressor tanks, and related equipment must be designed, constructed, and maintained to ensure safe operation at all times. Air compressor tanks and other air receivers used in connection with air compressors must have the maximum and minimum allowable working pressures noticeably and clearly marked on the tanks and receivers.

   (9) Adequate clearance. There must be sufficient clearance in the path of travel of an amusement device to ensure that a passenger in the riding position cannot be injured by contact with any structural component or other fixed object.

   (10) Handrails. Handrails for new stairs, stairways, ramps, and walkways associated with the amusement device must be in accordance with Section 1009.11 of the Building Code. Handrails must be of sufficient attachment strength in accordance with Section 1607.7.1 of the Building Code. Handrails of existing structures must be in compliance with the codes in existence at the time the structure was originally constructed.

   (11) Stairways, landings and ramps. Stairways, landings and ramps must be designed, constructed, and maintained to safely support a minimum live load of 100 pounds per square foot (488.2 kg/m2).

   (12) Surfaces. Stairways, landings and ramps must have non-slip surfaces.

   (13) Flame resistant fabrics. Fabrics constituting part of an amusement device must be flame resistant as defined in Section 802 of the New York City Fire Code.

  1. Safety devices. The following safety devices, as listed below, must be incorporated into the design of the amusement device or ride:

   (1) Emergency brakes. If cars or other components of an amusement device are capable of colliding upon failure of normal controls, the device must be equipped with emergency brakes sufficient to prevent such collisions.

   (2) Anti-roll back devices. Amusement devices that use inclined tracks must be equipped with automatic anti-roll back devices to prevent backward downward movement of the passenger-carrying units.

   (3) Speed limiting devices. An amusement device capable of exceeding its maximum safe operating speed must be equipped with an electrical or mechanical maximum speed-limiting device.

   (4) Emergency stop switches. The installation or modification of emergency stop (e-stop) switches must be in accordance with ASTM F2291, the manufacturer’s manual and/or bulletin, or as directed by the commissioner.

§ 3005-05 Assembly and disassembly of amusement devices.

The assembly and disassembly of an amusement device must be performed by or under the direct supervision of the owner or amusement park operator in accordance with the manual.

  1. Installation. Parts must be properly aligned and may not be bent, distorted, cut or otherwise damaged to force a fit. Parts requiring lubrication must be lubricated in the course of assembly and as required during operation. Fastening and locking devices, such as bolts, cap screws, cotter pins and lock washers, must be installed where required for safe operation. Nuts must be drawn tight, cotter pins must be spread, and lock nuts firmly set. “R” pins must only be used in locations recommended by the manufacturer or a registered design professional. Immediate inspection of fastening devices must be conducted after assembly to make sure that they have been properly installed.
  2. Worn or damaged parts. Parts that are excessively worn or that have been materially damaged may not be used. Close visual inspection of parts must be conducted during assembly and disassembly to discover such wear or damage.
  3. Tools. Anyone engaged in the assembly or disassembly of amusement devices must use tools of proper size and design to enable the work to be performed in a proper manner. Broken, damaged and unsuitable tools may not be used.

§ 3005-06 Information tags.

(a) Identification. Every amusement device must be identified by the name and address of the manufacturer, a trade or descriptive name of the device, and any Department issued amusement device identification number. Such identification information must be permanently attached to the device and placed in a visible location.
  1. Rating plates. A metal plate must be permanently attached to the amusement device in a location that is clearly visible to inspectors, owners, amusement park operators, and amusement device operators. If a metal plate is not possible, an identification tag, acceptable to the Department, may be substituted, but must still be in a visible location and permanently attached to the amusement device. The following information must be legibly written on the plate or identification tag:

   (1) The name and address of the amusement device manufacturer;

   (2) The trade or descriptive name of the amusement device;

   (3) The maximum allowable and safe load and passenger capacity of the amusement device;

   (4) The maximum allowable and safe speed of the amusement device; and

   (5) Weather restrictions. Additional information may be requested by the Department prior to the issuance of a certificate of compliance. If an amusement device or its supporting structure is altered, or if there is a change to any of the rating plate information, the existing rating plate must be replaced with a new metal plate with the correct information.

  1. Certificate of compliance. Every amusement device must have its certificate of compliance displayed in a location on or near the control station of the device that is visible to the public.

§ 3005-07 Posted warnings and restrictions.

(a) General restrictions. When the operation and use of an amusement device is subject to restrictions imposed by the manufacturer, such restrictions must be clearly posted next to the amusement device. Additional restrictions may also be imposed by the commissioner in order to ensure safe operation of the amusement device.
  1. Height and guardian restrictions. The owner or amusement park operator must post a list of the manufacturer recommended minimum height restrictions and any guardian restrictions for all amusement devices. The commissioner reserves the right to modify the height restriction and/or guardian restriction of any amusement device.
  2. Warning signs.

   (1) Where an amusement device exposes a passenger to high speed, substantial centrifugal or gravitational force, or when directed by the commissioner, the owner or amusement park operator must post a prominent warning sign at the entrance to the amusement device advising the public of the risks to passengers. The sign must be at least 2 feet by 2 feet (610 mm by 610 mm), with the message displayed in a color that is sharply contrasting to the background. The sign must read as follows or express an equivalent warning:

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   (2) The following additional signs must be installed where applicable for the amusement device, or as directed by the commissioner:

      (i) “Passengers must remain seated until the amusement device comes to a complete stop!”

      (ii) “No Standing!”

   (3) The following signs must be installed on all amusement devices:

      (i) “No Smoking!”

      (ii) “No Food or Drink!”

      (iii) “No Cell Phone Use!”

   (4) Special amusement buildings must also have the following signs installed:

      (i) Capacity signs indicating the number of persons who may safely occupy the space. Where the occupancy of the space is seventy-five (75) or more persons, the sign must comply with Section 1024.1.2 of the Building Code, Public Assembly.

      (ii) Illuminated exit signs. Such signs must comply with Section BC 411 and all other Building Code provisions in effect at the time of construction of the building or structure.

      (iii) No smoking or open flame. A sign stating: “NO SMOKING OR OPEN FLAME,” must be prominently posted at all entrances.

§ 3005-08 General safety and maintenance.

(a) Cleanliness. A suitable number of metal containers for trash must be provided in and around amusement devices. Excessive trash or refuse must be promptly removed. All parts of amusement devices, buildings and structures must be maintained in a clean condition, including the underside of amusement devices where the buildup of leaves and trash poses a fire hazard.
  1. Lighting. While an amusement device is in operation or occupied, all entry/exit and loading/unloading areas of the amusement device must be provided with illumination by natural or artificial means of not less than five (5) foot-candles (fc) measured at grade level.
  2. Location of controls. Controls for the starting and stopping of amusement devices must be properly labeled and in a location that allows the device operator to have a clear view of the passengers in the loading and unloading areas. In those cases where the device operator does not have clear views of the passenger loading and unloading areas from the controls, the amusement device must be equipped with a signal system in accordance with subdivision (g) of this section.
  3. Overload. An amusement device must not be overcrowded or loaded above its safe carrying capacity, as stipulated in the manufacturer’s operating manual.
  4. Entry and exit areas. Each amusement device, special amusement building, or dark ride must have safe means of entry and exit as follows:

   (1) Protection from nearby hazards. Means of entry and exit must be protected from nearby hazards.

   (2) Debris and other hazards. Passenger loading and unloading areas and means of entry and exit must be free from debris, obstructions and projections, and from slipping, tripping, and other hazards.

   (3) Head clearance. The head clearance in passageways must not be less than 7 feet (2134 mm).

   (4) Stairways and ramps. Means of entry and exit must be comprised of either stairways or ramps, and connecting landings or platforms with proper handrails and guards to prevent falls where the public enters or leaves an amusement device that is above or below grade.

   (5) Special amusement buildings. All special amusement buildings must also comply with the means of egress requirements in Section BC 411.

  1. Protection against moving parts.

   (1) Fencing and barricading. An amusement device may not be used or operated if anyone from the public has access to unsafe areas when the device is in operation. Such areas must be fenced, barricaded, or otherwise guarded against public access.

   (2) Machinery guards and maintenance. Machinery used in or with an amusement device must be enclosed, barricaded or otherwise guarded in accordance with the operating and maintenance manual. All guards removed for maintenance purposes must be replaced before normal operation is resumed. Maintenance may not be performed while the amusement device is being used by the public.

   (3) Passenger protection. Passengers on loading and unloading areas must be protected from coming in contact with moving parts accidentally.

  1. Signal systems. Where the device operator does not have a clear view of the point at which passengers are loaded or unloaded, signal systems for the starting and stopping of the amusement device must be in place.

   (1) Communication system of signals. Both the device operator and signal person must be familiar with any communication system of signals adopted for the operation of an amusement device. Anyone, including the amusement device operator, who may use these signals must be instructed in their use by the amusement park operator.

   (2) Position of safety. Signals for movement or operation of an amusement device may not be given until all of the passengers and other affected individuals are in safe positions and locations where they are not endangered by the movement or operation of the device.

  1. Electrical wiring and equipment. All electrical wiring and equipment used for amusement devices or for lighting must be installed, operated and maintained in accordance with the New York City Electrical Code.

   (1) Electrical transformer substations. All electrical transformer substations must be properly enclosed and proper warning signs must be posted.

   (2) Outdoor wiring and equipment. Electrical wiring and equipment located outdoors must be protected from exposure to weather that may interfere with its normal operation.

   (3) Lightning protection. Amusement rides must be protected from lightning strikes.

   (4) Elevated power lines. Elevated power lines crossing access pathways or other roads within the grounds of an amusement park must be suspended high enough to provide a vertical clearance of at least 14 feet (4267 mm) from the road surface or 3 feet (914 mm) above any vehicle used within the grounds of such amusement park. A horizontal clearance of at least 3 feet (914 mm) must be provided on each side of the normal passage space of vehicles.

   (5) Lighting fixtures. All lighting fixtures used for general illumination must be a minimum of 7 feet (2134 mm) above the normal walking surface to the bottom of such fixture, including its lamp. If lighting stringers are used, such stringers must also be suitably hung with fixture or lamp holders with bulb guards to protect the bulb from accidental contact or breakage.

   (6) Protection from electrical shock. No person may be permitted to remain so close to an electric power circuit that he or she may come into physical contact with the circuit unless the person is protected against electrical shock by de-energizing the circuit, grounding it, or guarding it by effective insulation. If protection is provided by de-energizing the circuit, the switch controlling the circuit must be locked-out and tagged-out to prevent any unintentional energizing of the circuit.

   (7) Emergency lighting. Emergency lighting must be in compliance with the code provisions in effect at the time of construction of the amusement device and be operable and in use in conjunction with the automatic fire detection and alarm/communication systems.

   (8) Special amusement buildings. All special amusement buildings must also comply with the emergency voice/alarm communication requirements in Section BC 411.

  1. Fire prevention. For the purposes of this subsection, the term “listed” has the same definition as established in Section FC 202 of the New York City Fire Code.

   (1) Fire extinguishers. The owner or amusement park operator must provide at least one listed 20-pound (9.07 kg) ABC multi-purpose portable type fire extinguisher for every amusement ride, in order to secure reasonable and adequate protection from fire hazards.

   (2) Flammable items. Flammable waste, such as oily rags and other flammable materials, must be placed in listed containers with lids that are listed for such use. Such containers cannot be kept at or near exits or entrances to any amusement ride or the amusement park.

   (3) Flammable liquids and gases. Gasoline and other flammable liquids and flammable gases, when stored, must be kept in reasonably cool and ventilated places. Such liquids must be stored in listed containers or tanks that comply with the requirements of Section FC 3404 of the New York City Fire Code. Smoking and/or the handling of lit cigars, cigarettes, pipes, or any open flame is prohibited in any area where such liquids or gases are stored or are transferred from one container to another.

   (4) Special amusement buildings. The owner or amusement park operator must provide special amusement buildings with:

      (i) No fewer than two (2) listed portable fire extinguishers of a 20-pound (9.07 kg) ABC multi-purpose type; and.

      (ii) Automatic fire detectors and sprinklers in compliance with Section BC 411.

§ 3005-09 Maintenance of amusement devices.

(a) Protection of passengers.

   (1) Passenger-carrying amusement devices, interior and exterior parts. All interior and exterior parts of passenger carrying amusement devices, with which a passenger may come in contact, must be smooth and rounded, free from sharp, rough or splintered edges and corners, and have no protruding studs, bolts, screws or other projections that might cause injury. Interior parts that a passenger may be thrown onto by the action of the amusement device must be sufficiently padded to prevent injury, in accordance with the device’s operating manual.

   (2) Restraining devices and/or containing devices. Passenger restraining or containing devices must be inspected daily in accordance with paragraph (4) of subdivision (f) of 1 RCNY § 3005-10 and maintained as needed to ensure they are fully functional before the operation of the ride.

   (3) Self-powered amusement devices. Amusement devices that are self-powered by the passenger must have the driving mechanism securely guarded to prevent passengers from gaining access to the mechanism. The driving mechanism must also be secured in a manner that will prevent passengers with long hair, clothing, or accessories from becoming tangled in the mechanism.

  1. Amusement devices constructed prior to adoption of this rule. All existing amusement devices must be in compliance with the following safety standards:

   (1) Code in effect at the time the amusement device was manufactured;

   (2) Code in effect at the time of alteration of the device;

   (3) Manufacturer’s manual and bulletin. If no manual exists, then a registered design professional must create a manual for the device;

   (4) There must be no pinch or nip points that may cause injury to a passenger;

   (5) There must be no exposed electrical wiring creating unsafe conditions; and

   (6) The safety of bystanders and passengers must be provided for when operating and loading/unloading the amusement device.

  1. Repairs.

   (1) Maintenance log and manual. All repairs must be entered into the maintenance log and performed in accordance with the manufacturer’s operation and maintenance manual and any other specific repair instructions.

   (2) Life-supporting or suspending parts. A life-supporting or suspending part such as a pin, axle, or tension strap, that fails inspection must be removed and a new or repaired part must be used as a replacement in accordance with the manual’s specifications. No amusement device may be placed into operation until all necessary repairs are made and the repaired parts are reinspected and retested.

   (3) Welds. A weld that fails inspection must be noted in the maintenance log and must be repaired before the device is placed in operation. Repairs must be completed by a welder licensed in accordance with Article 407 of Title 28 of the Administrative Code. Where the welding work is not performed in the city, welds must be made by American Welding Society (AWS) qualified welders.

   (4) Notification. The owner or amusement park operator must notify the manufacturer of the amusement device of any defects. Before starting repairs, owners or amusement park operators must request an official repair procedure from the manufacturer. Where the manufacturer is no longer in business, the repairs must be made following a procedure prescribed by a registered design professional.

  1. Out of service individual units. Individual units of an amusement device, such as cars, seats, or other carriers that may be taken out of service without jeopardizing the safety of the entire amusement device as outlined in the operating manual, must be firmly secured with caution tape and clearly marked with a sign reading “Out of Service”.

§ 3005-10 Inspections and tests.

(a) Scope. Every new altered, rebuilt, or modified amusement device, temporary or permanent, must be inspected and tested in accordance with the manufacturer's manuals, manufacturer's bulletins, and the requirements of this subchapter. In the case where such manuals are not available, a registered design professional must prepare the necessary operation, maintenance, inspection, and test manual(s) in accordance with ASTM F853, F770, F2374, and F2376.
  1. Inspection and testing notification. The owner or amusement park operator of a permanent amusement device must provide notice to the Department by phone, fax or email that the device is ready to be inspected and tested. Notice must be provided at least thirty (30) business days prior to the proposed date of inspection and test.

Exception. Inflatable rides are not tested. Certificates of competency are issued instead, based on criteria described in paragraph (2) of subdivision (h) of 1 RCNY § 3005-03.

  1. Fees. Refer to Section 28-112.8 of the Administrative Code for fees related to inspections and related required filings.
  2. Initial inspection and testing by the Department.

   (1) Acceptance test required. Upon initial installation, the load capacity and safety of permanent amusement devices including, but not limited to all operating protective safety devices, the adequacy of the structural supports and anchorage to floors, walls, ceilings, and foundations must be inspected and tested in accordance with the manufacturer’s requirements documented in the operating manual. Inspections and testing must be done by the person or firm installing, assembling, altering or relocating the amusement device, and such tests must be witnessed by the Department.

   (2) Relocated, disassembled and reassembled permanent amusement devices. Relocated, disassembled and reassembled permanent amusement devices must be inspected and tested. The inspection and tests must be conducted after relocation or reassembly and prior to its use and operation, regardless of the date of the previous inspection and tests. The commissioner may require inspections or tests to be performed during assembly or disassembly of amusement devices when such tests are necessary to ensure safety.

   (3) Portable mechanical amusement devices. Portable mechanical rides must have an initial Department inspection performed after having registered with the Department prior to public use. During the initial inspection, the owner must submit all maintenance and repair logs. In order to pass inspection, all rides must be in compliance with manufacturer’s bulletins, if any. Any other alteration performed on the amusement device must be supported with certification from a registered design professional.

   (4) Temporary devices. In order to obtain a Certificate of Compliance (green card), every temporary amusement device, except an inflatable and truck mounted amusement devices, must be inspected each time the amusement device is set up or a DCA license is issued.

   (5) Additional tests and inspections. The commissioner may require additional tests and inspections of amusement devices regardless of the date of the previous inspection and tests, when such tests are necessary to ensure safety.

  1. Periodic Department inspections and testing.

   (1) Permanent. Every new and existing permanent amusement device is subject to periodic inspection and testing as follows:

      (i) Rides operated seasonally. The Department will perform two (2) field inspections of all permanent amusement devices. The first inspection will take place prior to the initial use of the device for the season. The second inspection will take place no sooner than ninety (90) days and no later than one hundred and twenty (120) days after the first inspection. However, the commissioner may extend the periodic inspection and test for an additional two (2) months for such devices.

      (ii) Rides operated year round. The Department will perform a minimum of three inspections on rides operated year round. Each subsequent inspection will take place no sooner than ninety (90) days and no later than one hundred and twenty (120) days after the previous inspection.

   (2) Temporary. Every temporary amusement device must be retested by the Department upon renewal of the DCA license in order to receive a new Certificate of Compliance (or “green card”), if applicable.

   (3) Portable mechanical. Every portable mechanical amusement device must be inspected and tested every year by the Department upon renewal of the DCA license in order to receive a new Certificate of Compliance (or “green card”).

   (4) Additional tests and inspections. The commissioner may require additional tests and inspections of amusement devices regardless of the date of the previous inspection and tests, when such tests are necessary to ensure safety.

  1. Daily inspection and test by competent person. An amusement device must be inspected and tested by a competent person in accordance with the manual each day before it is used. The inspection and test must be performed by the amusement park operator and must include, but not be limited to, evaluation of items such as:

   (1) Electrical: Operation of control devices, speed-limiting devices, wiring, lighting, control panel function and indicator lights, and emergency stop switches;

   (2) Mechanical: Brakes, proper adjustment of brakes, drive systems, wheels, rollers, chains, bearings, bushings, gears, pulleys, drive-belts, clutches, anti-rollback features, listening for any unusual noises, and looking for unusual movements or actions by the amusement device;

   (3) Amusement device setup: Blocking, leveling, ground conditions, fencing clearance, clearance to local hazards, trip hazards, and security issues;

   (4) Structural components: Passenger enclosures, welds, cracks, pins, bolts, nuts, fasteners, harnesses, safety belts, lap-bars, hair guards, and passenger restraints; and

   (5) Additional safety items: Checking sharp edges and the condition of fire extin- guishers.

  1. Certificate of Compliance. A Certificate of Compliance (“green card”) is issued to all amusement devices, except inflatables, as follows:

   (1) Permanent. Upon satisfactory completion of an inspection and test of a permanent amusement device, the Department will issue a Certificate of Compliance (“green card”) for ninety (90) to one hundred and twenty (120) days. Such certificate must be posted in plain sight next to the amusement device. The device must be retested to renew the Certificate of Compliance.

   (2) Temporary. Upon satisfactory completion of the inspection and test of a temporary amusement device, the Department will issue a Certificate of Compliance (“green card”) for fourteen (14) calendar days. Such certificate must be posted in plain sight next to the amusement device. Green cards may be renewed by filing a license renewal application with the DCA and passing a Department inspection.

   (3) Portable. Upon satisfactory completion of the inspection and test of a portable truck mounted amusement device, the Department will issue a Certificate of Compliance (“green card”) for the season. Such certificate must be posted in plain sight next to the amusement device.

  1. Load tests.

   (1) Annual. Where an annual load test is required by the manual, the following types of passenger-carrying amusement devices may not be used until they have passed an annual load test without material failure as witnessed by the Department:

      (i) Amusement devices having suspended passenger seats or spaces;

      (ii) Amusement devices normally operated at speeds or with movements creating severe gravity, inertial or centrifugal forces;

      (iii) Amusement devices elevated in such a way that structural failure is likely to cause passengers to be injured by falling; and

      (iv) Amusement devices that the Department has ordered to undergo such a test, when such a test is necessary to ensure safety.

   (2) Load test procedure. Each passenger seat or space in the amusement device, other than an amusement device intended only for children, must be weighted with 170 pounds (77.1 kg) of dead weight. Each seat or space in an amusement device intended only for children must be weighted with 90 pounds (40.8 kg). When loaded, the amusement device must be operated at rated speed, as specified in the manual, to test the full operation of all control devices, anti-rollback devices, speed limiting devices, brakes, and other safety equipment. The amusement device must withstand the test without material failure. Additionally, the soil and foundation must not show any signs of breaking, cracking, or deterioration.

   (3) Other jurisdictions. A load test complying with the requirements of this section and performed in another jurisdiction will be considered acceptable if the owner or amusement park operator of the amusement device files a statement with the Department that the amusement device withstood the test without material failure and that the manufacturer, or an inspector acceptable to the Department from another jurisdiction, performed the test. The owner or amusement park operator must submit other relevant information as the Department and commissioner may require. Until such a statement is filed and accepted by the Department, the device is presumed to have not withstood the required test.

   (4) Load test failure. An amusement device that fails a load test is unsafe and must not be used until it passes a subsequent load test and an additional inspection witnessed by the Department.

   (5) Rebuilt, altered, or modified amusement devices. If an amusement device is rebuilt, altered, or modified after the load test is performed, or if the commissioner orders such test, a subsequent load test must be performed. The rebuilt, altered, or modified amusement device must not be used until it passes such test and an additional inspection witnessed by the Department is completed.

   (6) Air compressor load test. Air compressors, tanks and related equipment must be inspected and tested annually or more frequently if required by the manual. Air compressor tanks must be tested to demonstrate their ability to sustain a hydrostatic pressure specified by the manufacturer for a period of at least one (1) hour. A record of each inspection and the results of the air compressor tank test must be kept at the site where the device is used and made available to the commissioner upon request.

      (i) Welding work. An inspector certified by the National Association of Amusement Ride Safety Officials (“NAARSO”), an inspector certified by the Amusement Industry Manufacturers and Suppliers (“AIMS”), or a registered design professional, must affirm, in a form acceptable to the Department, that any welding performed (new, replaced, or inspected) was done by a licensed welder. Such certified inspector or registered design professional must also affirm that all necessary weld maintenance, inspections and tests, required by either the ride manual or manufacturer, were performed within the last twelve (12) months prior to the amusement device’s scheduled inspection by the Department and are clearly listed in the amusement device’s maintenance log. Such an affirmation must be kept at the site and made available upon request of the Department.

  1. Nondestructive testing (“NDT”).

   (1) Permanent amusement devices. All permanent amusement devices require nondestructive tests (NDT) in accordance with the manual or pursuant to the commissioner’s request.

      (i) Personnel performing nondestructive tests. All personnel performing NDT must be qualified by experience, education, and examination in accordance with ASNT/SNT-TC-1A-05 for Level II in the presence of a registered design professional.

      (ii) Visual inspection. The amusement device must first be inspected in the disassembled configuration, where possible, to enable inspection of critical areas that cannot be seen or reached in the assembled configuration. Once assembled, the entire amusement device and supporting structure must be visually inspected prior to performing any tests.

      (iii) Test procedures. The parts of the amusement device and supporting structure subject to NDT are those recommended for such testing by the manufacturer. Where the manufacturer’s recommendations are not available, a registered design professional must determine the parts of the amusement device and supporting structure that must be tested in accordance with applicable ASTM standards.

      (iv) Test report. A special inspection report for the NDT performed must be filed with the Department. The test report must identify the ride by name, serial number and manufacturer and must include the part(s) tested and the location of the tested areas. If the manufacturer or the registered design professional does not recommend NDT for all or part of the device, an affidavit must be submitted by the owner or amusement park operator with evidence acceptable to the commissioner that such testing is not required.

   (2) Temporary amusement devices. The requirements described in paragraph (1) of this subdivision are applicable to temporary amusement devices, unless an NDT was performed on such device within one (1) year prior to use of the amusement device in the city.

   (3) Steel roller coasters. The requirements described in paragraph (1) of this subdivision are applicable to all steel roller coasters.

   (4) Failure of test. An amusement device that fails an NDT is unsafe and must not be used until it passes a subsequent NDT and an additional inspection witnessed by the Department.

  1. Unsafe conditions. If, during inspection or operation, any amusement device or part thereof is found to be unsafe or hazardous to life and safety, the device must be taken out of service immediately by the owner, amusement park operator, amusement device operator, or inspector. Unsafe conditions must be corrected before the device is returned to service. Findings of unsafe conditions and necessary corrective actions taken must be logged and made available for inspection when requested.

§ 3005-11 Referenced National Standards.

These standards are adopted in full, except to the extent there is a conflict with this subchapter, in which case the provisions of this subchapter will apply.

Standard Name Year
ASNT/SNT-TC-1A American Society for Nondestructive Testing (ASNT) Certification & Qualification Recommended Practice in NDT 2011
ASTM Vol 03.03 Standards for Nondestructive Testing 2013
ASTM standards:    
F1957 American Standard Test Method (ASTM) for Composite Foam Hardness-Durometer Hardness 2011
F2137 Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices 2013
F747 Standard Terminology Relating to Amusement Rides and Devices 2006
F1159 Standard Practice for Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices and Air-Supported Structures 2011
F1193 Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices 2006
F2291 Standard Practice for Design of Amusement Rides and Devices 2013
F2375 Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh used in Amusement Rides, Devices, Play Areas and Attractions 2009
F853 Standard Practice for Maintenance Procedures for Amusement Rides and Devices 2005
F2974 Standard Guide for Auditing Amusement Rides and Devices 2013
F770 Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices 2013
F2374 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices 2010
F2460 Standard Practice for Special Requirements for Bumper Boats 2011
F2959 Standard Practice for Special Requirements for Aerial Adventure Courses 2012
F2376 Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems 2008
F2461 Standard Practice for Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment. 2009

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Chapter 3300: Safeguards During Construction and Demolition

§ 3301-01 Construction Site Signs.

(a) References. See Sections 3307 and 3301.9 of the New York City Building Code (BC).
  1. Definitions. For the purposes of this section, the following terms mean:

   (1) Best construction site management program. A plan designed to help reduce construction impact on the surrounding community by monitoring certain activities at construction sites. This program must be developed and implemented by a party who is independent of the contractor.

   (2) Contractor. A general contractor or, for a demolition site, the demolition contractor.

   (3) Department’s acceptance logo. A logo provided by the Department that indicates the Department has accepted the best construction site management program and that may be displayed on the sidewalk shed parapet panel along with the program name or logo at a site utilizing an accepted best construction site management program.

   (4) Designated responsible party. The person in charge of implementing the best construction site management program and authorized to receive notices from the Department. This party must be designated by the person, corporation or other legal entity operating the program.

   (5) Project information panel. A project information panel required to be posted on a construction fence as set forth in BC Section 3301.9.1.

   (6) Sidewalk shed parapet panel. A sidewalk shed parapet panel required to be posted on a sidewalk shed as set forth in BC Section 3301.9.2.

   (7) Site. A construction or demolition site.

  1. Project information panels at government-owned sites and at sites with government funding. Project information panels at government-owned sites and at sites with government funding must conform to all requirements set forth in BC Section 3301.9 except as provided in this section.

   (1) Content of project information panels at government-owned sites and at sites with government funding. Project information panels at government-owned sites and at sites with government funding must include the following information (see Figures 1, 2, and 3):

      (i) A rendering, elevation drawing, site plan, or zoning diagram of the building exterior that does not contain logos or commercially recognizable symbols; Exception: A rendering, elevation drawing, site plan or zoning diagram of the building exterior is not required for demolition projects.

      (ii) A title line stating “Work in Progress:” and specifying the nature of the project;

      (iii) Anticipated project completion date;

      (iv) The name of the government entity owning the site and/or funding the project;

      (v) Website address to contact for project information;

      (vi) The corporate name and telephone number of the contractor;

      (vii) The statement, in both English and Spanish, “TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS WORK SITE, CALL 311” and

      (viii) A copy of the primary project permit, with accompanying text “To see other permits issued on this property, visit: www.nyc.gov/buildings.” The permit must be laminated or encased in a plastic covering to protect it from the elements or shall be printed directly onto the project information panel. In addition to the above requirements, the name(s) of government official(s) may be incorporated into the panel in accordance with Figures 1, 2 and 3.

   (2) Specifications for project information panels at government-owned sites and at sites with government funding. Project information panels must be 6 feet (1829 mm) wide and 4 feet (1219 mm) high, with the content required by paragraph (1) of this subdivision arranged in accordance with Figures 1, 2 and 3, as applicable. The content required by subparagraphs (ii) through (vii) of paragraph (1) of this subdivision must be written in the Calibri font or similar sans serif font style, with letters a minimum of 1 inch (25 mm) high, as measured by the upper case character. Such letters must be white, on a blue background, with such blue color of a shade matching Pantone 296, or RGB 15, 43, 84, or CMYK 100, 88, 38, 35.

   Exceptions:

      (i) The dimensions for a project information panel posted in conjunction with a demolition project must be 2 feet 4 inches (711 mm) wide and 4 feet (1219 mm) high, in accordance with Figure 1.

      (ii) For construction sites with a street frontage less than 60 feet (18 288 mm), the dimensions for a project information panel, other than that posted in conjunction with a demolition project, must be 55 inches (1397 mm) wide and 36.5 inches (927 mm) high, in accordance with Figure 3.

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Figure 1Fence Project Information Panel Text Detail

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Figure 2Fence Project Information Panel Layout

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Figure 3Fence Project Information Panel Layout for Small Lots

  1. Best construction site management program.

   (1) Scope. This section outlines the requirements for Department-accepted best construction site management programs and the duties of the designated responsible party. Unless otherwise authorized under the Administrative Code or Department rules, only Department-accepted best construction site management programs may be identified on a sidewalk shed parapet panel.

   (2) Application and acceptance.

      (i) Application for acceptance msut be made on forms to be furnished by the Department and must contain such information as the Department prescribes, including, but not limited to, the name, address and contact information of the person, corporation or other legal entity operating the program and the name, address and contact information for the designated responsible party.

      (ii) The Department may accept a best construction site management program if it receives a completed application that includes a detailed plan that demonstrates that the program is designed to ensure that its participating work sites are well-managed, clean and responsive to community concerns. The plan must include, at a minimum, the duties listed in paragraph (4) of this subdivision.

      (iii) Applications must include a certification by the program’s designated responsible party that the plan will be implemented at all times at each of the program’s participating sites.

   (3) Duties of the designated responsible party.

      (i) The designated responsible party must monitor the contractor and the site to ensure the maintenance of publicly accessible areas within or surrounding the site and site operations, including, but not limited to, ensuring the contractor:

         (A) Maintain the site free of any construction debris, or rubbish, materials and equipment;

         (B) Maintains all areas and surfaces such that they are neat, clean and free of damage, illegal signage, graffiti and sharp objects;

         (C) Maintains free of snow and ice on sidewalks and snow and ice that poses potential danger to the public.

      (ii) The designated responsible party must monitor the contractor and the site to ensure that the community impact is minimized, which includes, but is not limited to, ensuring that the contractor:

         (A) Installs enhanced netting systems and sidewalk protections.

         (B) Reduces or shields the public from noise, vibration, dust and noxious substances;

         (C) Protects street trees, plants, sidewalk amenities and furniture; and

         (D) Addresses nuisance and environmental complaints.

      (iii) The designated responsible party must promote community relations, including, but not limited to, the following:

         (A) Establish a method to receive and provide responses to complaints or questions and to provide timely updates about on-going construction operations, including project scope and expected duration of the project;

         (B) Provide notification to the respective Community Board prior to affixing the best construction site management program name or logo on a sidewalk shed parapet panel at a participating site; and

         (C) For new buildings, alterations or demolitions of major buildings, as that term is defined in Chapter 33 of the New York city building code, provide live project updates to the respective community board within thirty (30) days of a site joining a best construction site management program and every six months thereafter.

      (iv) The designated responsible party must conduct periodic reviews of its participating sites to verify program compliance. Such reviews must be conducted more frequently if so directed by the Department.

      (v) The designated responsible party must maintain the following records until construction is complete and make them available to the Department upon request:

         (A) Current list of the participating site addresses, contractor name, address and contact number and the owner name and address;

         (B) Details of each review with respect to any program requirements set forth in paragraph (4) of this subdivision and any actions resulting therefrom; and

         (C) Details of complaint resolution for each complaint, including mitigation strategies.

      (vi) The designated responsible party must develop a process for:

         (A) Notifying the Department of any changes to the best construction site management program, plan or the designated responsible party within ten days of such change; and

         (B) Notifying the contractor and owner if the best construction site management program is no longer accepted by the Department or if an order has been issued by the Commissioner instructing that the program’s name or logo and the Department’s acceptance logo must be immediately removed from the sign.

  1. Revocation.

   (1) Failure to comply with duties. Following notice and an opportunity to be heard, the Department may revoke acceptance of a best construction site management program and order removal of the program’s name or logo and Department acceptance logo from the sidewalk shed parapet panel at a particular site or at all the program’s sites for failure to comply with the duties set forth in paragraph (3) of subdivision (d) of this section and the plan described in the accepted best construction site management program application.

   (2) Failure to ensure compliance with plan. Following notice and an opportunity to be heard, the Department may order removal of the program’s name or logo and Department acceptance logo from the sidewalk shed parapet panel at a particular site where the best construction site management program fails to ensure that the participating work site is well-managed, clean and responsive to community concerns.

   (3) Removal of logos. If the program’s name or logo and the Department’s acceptance logo are not removed from the sidewalk shed parapet panel within 10 days of the order, the Department may cover the program’s name or logo and the Department acceptance logo, at the owner’s expense.

   (4) Continuation of program without logos. Revocation of the Department’s program acceptance or order to remove the program name or logo and the Department’s acceptance logo at a particular site, shall not affect the ability of the best construction site management program to continue its mission without inclusion of its name or logo on the sidewalk shed parapet panel and without reference to Department program acceptance.

§ 3301-02 Registration of Construction Superintendents.

Construction superintendents must be registered with the Department, in accordance with the following provisions.

  1. Form and manner of registration. An application for registration as a construction superintendent must be submitted in a form and manner acceptable to Department, and provide such information as the department may require.
  2. Qualifications. All applicants for construction superintendent registration are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code and must submit satisfactory proof establishing that the applicant:

   (1) Is able to read construction plans and specifications; and

   (2) Has satisfactorily completed, within two (2) years prior to the date of application, a course that is at least ten hours (10) in length and approved by the United States Department of Labor Occupational Safety and Health Administration (OSHA) in construction industry safety and health; and also meets one of the following:

      (i) Is a registered design professional and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department;

      (ii) Holds a Construction Health and Safety Technician (“CHST”) designation from the Board of Certified Safety Professionals (“BCSP”) and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department;

      (iii) Has five (5) years of experience, within ten (10) years prior to the date of the application, as a building code enforcement official charged with enforcement of the provisions of the New York City Building Code, and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department. The enforcement must have included inspections of buildings under construction or demolition and thus this basis for qualification excludes officials whose primary role is to perform inspections of occupied or vacant buildings;

      (iv) Has five (5) years of full time field experience in the United States, within 10 years prior to the date of the application, working on buildings as a safety official for a governmental entity or construction firm or as a safety manager or safety engineer for a safety consulting firm specializing in construction or demolition and has satisfactorily completed, within one (1) year prior to the date of the application, an 8-hour Site Safety Coordinator course approved by the department; or

      (v) Has five (5) years of full time experience in the United States, within ten (10) years prior to the date of the application, as verified by employer affidavit, working with plans in a relevant construction trade in furtherance of the construction, vertical or horizontal enlargement, or full demolition of a building or structure, and has satisfactorily completed, within one (1) year prior to the date of the application, a 40-hour Site Safety Manager course approved by the department.

  1. Educational credit. For purposes of subdivision (b) of this section, each year of full time formal training or education in a program with emphasis on construction at a college, technical or trade school may be substituted for one year of work experience, up to a maximum of three years.
  2. Audits. Applications for registration are subject to audit at any time. An audit may also be made at any time upon receipt of complaints or evidence of falsification.
  3. Registration term. Registrations issued under this section are valid for three years from the date of issuance.
  4. Registration fees. The initial fee for registration in accordance with this section is one hundred dollars ($100.00).
  5. Renewals.

   (1) Renewals may be subject to the provisions of Article 401 of Chapter 4 of Title 28 of New York City Administrative Code. The fee for timely renewal is fifty dollars ($50.00). Renewals not submitted in a timely manner will be subject to a late surcharge of fifty dollars ($50.00).

   (2) Timely renewal applications must be accompanied by proof that the applicant has, during the one-year prior to renewal, successfully completed an 8-hour Site Safety Coordinator course approved by the department.

   (3) Renewals not filed within one year of registration expiration will be treated as a new application.

  1. Notification of change of address. Registered construction superintendents must notify the department, in writing, of any address change within thirty (30) days of the change.

§ 3310-01 Site Safety.

(a) Site safety inspections for construction, alteration, or demolition projects. The primary site safety manager or coordinator for a construction, alteration, or demolition project must, at all times such site safety manager or coordinator is required to be present, perform the site safety inspections detailed in Tables 1 through 9, below, at the intervals prescribed in the tables, or ensure such inspections are performed by a site safety manager or coordinator. The requirements of this subdivision do not apply to a project whose scope is limited to facade work.

Table 1General Inspections

  Requirement Minimum Schedule of Inspections
When a building is being constructed or demolished at a height greater than 75 feet (22.86 m), verify that at least one elevator or personal hoist in a state of readiness is available for FDNY access. As appropriate
When a personnel hoist requires a jump, verify that all necessary permits are obtained and testing performed. As appropriate
When a building is being constructed or demolished at a height greater than 75 feet (22.86 m), verify that a standpipe system is available and in readiness at all times for use by the Fire Department. Daily
 
  1. Verify the standpipe is in place at each story below the construction or demolition floor. For the purposes of this section, the construction floor shall be the stripping operation floor, except for steel construction, in which case it shall be the uppermost finished and walkable concrete floor; for demolition the demolition floor shall be the floor being demolished.
Daily
 
  1. Verify that valves are in place at each story below the construction or demolition floor.
Daily
 
  1. Verify that the standpipe is capped.
Daily
 
  1. Verify that standpipes are connected to a water source, as applicable, and a siamese connection.
Daily
 
  1. Verify that siamese hose connections are not obstructed.
Daily
 
  1. Verify siamese hose connections are marked by a red light and a sign reading,”Standpipe Siamese Connection.”
Daily
 
  1. Verify that no breach exists by visually tracing standpipe risers, cross connections and siamese connections.
Weekly
If a construction shed is located within 30 feet (9.144 m) of the building, verify that it meets the requirements of section 3303.1.3 of the building code. Once per shed
Verify that interior and exterior guardrails and toeboards are provided and properly installed as required by the building code. Daily
Verify that all openings and/or holes in the floor are covered at all times. Daily
Verify that all stairwells have standard handrails. Daily
Verify that all signs required by section 3301.9 of the building code are installed and contain the required information. Once per sign

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Table 2 Safety Netting Inspections

  Requirement Minimum Schedule of Inspections
Verify that horizontal safety netting is maintained not more than two stories below the stripping operation floor on concrete structures or the uppermost finished and walkable concrete floor on steel frame structures, provided that such floor is more than six stories or 75 feet (22.86 m) in height above the adjoining ground or adjoining roof level, whichever is applicable. Daily
Verify that horizontal safety netting projects outward horizontally from the edge of the floor a minimum of 10 feet (3.048 m). Daily
Verify that omitted horizontal safety netting in designated crane and derrick lifting areas is indicated and approved on the crane application and the site safety plan. Weekly
For steel frame construction, where the steel frame extends more than eight stories above the walkable concrete floor, verify that the vertical safety netting is provided on the floors at and below the topmost working metal deck where this deck is substantially completed and that the required guardrails and toeboards are in place. Daily
Verify that vertical safety netting is provided on all floors below the floor on which horizontal netting is required. Daily
Verify that vertical safety netting is secured and kept closed at all times, except during actual loading operations or perimeter construction operations. Daily

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Table 3 Maintenance of Site and Adjacent Area Inspections

  Requirement Minimum Schedule of Inspections
Verify that all areas used by the public are maintained free from ice, snow, grease, debris, equipment, materials, projections, tools, or other items, substance, or conditions that may constitute a slipping, tripping or other hazard. Throughout the day
Verify that guards, shields or barricades surround all exposed, electrically charged, moving or otherwise dangerous parts of machines and construction equipment so as to prevent contact with the public. Daily
Verify that there are no exposed hose lines, wire, rope, or other items that may constitute a tripping hazard to the public. Throughout the day
Verify that adjoining property is protected when the height of the building exceeds that of the adjoining property. Daily
When the building is extended, enlarged or increased in height so that any portion of such building, except chimneys or vents, extends higher than the top of any previously constructed chimneys within 100 feet (30.48 m), verify that the chimneys conform to § 801 of the New York City mechanical code. As appropriate

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Table 4 Housekeeping Inspections

  Requirement Minimum Schedule of Inspections
Verify that floors and stairs are clean from excess debris. Throughout the day
Verify that tools and equipment not in use are kept away from edges or openings. Throughout the day
Verify that the roof of the sidewalk shed and the street are free of debris. Daily
Verify that sufficient containers for the storage of garbage and debris are provided. Daily
Verify that containers are covered and secured when full. Daily

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Table 5 Removal and Storage of Material Inspections

  Requirement Minimum Schedule of Inspections
Verify that combustible waste material and combustible debris have been removed from the site. Daily
Verify that chutes used for the removal of debris are installed and maintained in accordance with § 3303.5.5 of the building code. Weekly
Verify that material stored on floors of a building is secured when not being used. Daily
When exterior walls are not in place, verify that stored material is kept at least 10 feet (3.048 m) back from the perimeter of the building, or at least 5 feet (1524 mm) back from the perimeter of the building if the floor area is less than 1,000 square feet (304.8 m), or at least 2 feet (609.6 mm) back from the perimeter of the building on upper working floors located not more than two stories below the stripping operation on concrete structures or the uppermost concrete floor on steel structures. Daily
Verify that no material hangs over the edge of a building unless banded and braced for relocation by the end of the workday, except on the floor of the stripping operation and on floors designated as the lumber or steel mill. Daily
  (i)  On the floor of the stripping operation, verify that material that overhangs the floor is banded and braced, overhangs by not more than one-third of its length, and is relocated by the next workday for concrete operations. Daily
  (ii)  Where the steel mill and lumber mill are located, verify that any material that overhangs is relocated by the next workday. Daily

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Table 6 Protection of Sidewalks Inspections

  Requirement Minimum Schedule of Inspections
Verify that valid permits for sidewalk sheds have been obtained, have not expired, and are posted in a central, visible area. Periodic
Verify that approved drawings of the sidewalk shed are at the construction site. Periodic
Verify that the designer and/or supplier of the sidewalk shed has certified that such shed has been erected in accordance with the approved plans and that the proper forms have been filed with the department. Once
Verify that sidewalk sheds extend the entire perimeter of the building. Once
Verify that when the building exceeds 100 feet (30.48 m) in height, the sidewalk sheds extend 20 feet (6.096 m) beyond the property line. Once
Verify that required sidewalk sheds remain in place until the structure is enclosed, all exterior work completed, the sash is gazed above the second story, the exterior facade is cleaned down, all outside handling of material equipment and machinery is completed, and dismantling of a hoist, crane, or the use of a derrick in their removal above the second story has been completed. Weekly
Verify that all openings in sidewalk sheds, fences and railings for loading purposes are kept closed, barricaded, protected, or guarded at all times. Throughout the day
Verify that sidewalk sheds are illuminated at night by the equivalent of 100-watt bulbs spaced 15 feet (4.572 m) apart at a minimum height of 8 feet (2.44 m) above the sidewalk. Daily
Verify that temporary footbridges and walkways for the public are at least 5 feet (1.524 m) in width. Daily as appropriate

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Table 7 Warning Signs and Lights Inspections

  Requirement Minimum Schedule of Inspections
Verify that all areas that are dangerous or hazardous to the public or areas where work is performed near vehicular traffic are appropriately marked with warning signs and lights. Daily
Verify that steps necessary to protect the public are taken, including provisions for flagmen/flagwomen whenever intermittent operations are conduced on or across areas open to the public or when dangerous operations, such as blasting, may affect such areas. Throughout the day, as appropriate

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Table 8 Scaffolds, Structural Ramps, Runways and Platform Inspections

  Requirement Minimum Schedule of Inspections
Verify that where they pose a risk to the public that all structural ramps, scaffolds, runways and platforms are provided with guardrails, toeboards, screening, or nets, unless otherwise specified by the building code. Daily

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Table 9 Material Handling and Hoisting Equipment Inspections

  Requirement Minimum Schedule of Inspections
Verify that all certificates of approval, operation, and onsite inspection for all cranes, derricks, and/or cableways have been obtained and are available for inspection at the construction site. As required
Verify that all permits for highway and street closings are available for inspection at the construction site. As required
Verify that licenses of crane operators are available at the construction site. Daily
When a crane is to be jumped, verify that it is in accordance with the schedule submitted by the professional engineer and approved by the department. As appropriate
Verify that a means of communication exists between the responsible parties when the operator of hoisting machinery has no vision of the lift or loading areas. Daily when operational
Verify that a program has been established and is operational for the control of pedestrian and/or vehicular traffic around the construction site during all lifting and hoisting operations. Daily when operational
Verify that flagmen/women are present to stop pedestrian and/or vehicular traffic during the following intermittent operations: As appropriate
  (i)  During all lifting and hoisting operations;  
  (ii)  When trucks enter and exit the site;  
  (iii)  When materials are being lifted over the sidewalk shed;  
  (iv)  When dangerous operations, e.g., blasting, occur;  
  (v)  When the sidewalk and/or street is temporarily closed.  

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  1. Definitions.

   Alteration. For the purposes of this section, the term “alteration” shall have the same meaning as set forth in section 28-101.5 of the Administrative Code.

   Alternate site safety manager or coordinator. A site safety manager or coordinator who is acting on behalf of and is approved by, the primary site safety manager or coordinator in accordance with the provisions of section 3310.5.3 of the Building Code.

   Construction. For the purposes of this section, the term “construction” shall have the same meaning as set forth in section 3302.1 of the Building Code.

   Demolition. For the purposes of this section, the term “demolition” shall have the same meaning as set forth in section 3302.1 of the Building Code.

   Facade work (facade project). The restoration of an existing facade to a safe and like new condition following decay, wear, or damage; the modification of an existing facade; or the recladding of a facade.

   Facade recladding (recladding of a facade). The removal of the exterior building envelope and replacement with a new exterior building envelope; or the installation of a new exterior building envelope over the existing facçade.

   Primary site safety manager or coordinator. The site safety manager or coordinator who has been designated as the primary site safety manager in accordance with the provisions of section 3310.5 of the Building Code.

   Project. For the purposes of this section, the term “project” shall have the same meaning as set forth in section 28-101.5 of the Administrative Code.

   Qualified person. For the purposes of this section, the term “qualified person” shall have the same meaning as set forth in section 3302.1 of the Building Code.

   Rigging foreman. An individual working under the direct and continuing supervision of a licensed rigger and who meets the qualifications as a designated rigging foreman as set forth in 1 RCNY § 104-20.

   Site safety coordinator. An individual who holds a valid site safety coordinator certificate from the department.

   Site safety manager. An individual who holds a valid site safety manager certificate from the department.

  1. Site safety inspections for facade project. For a project whose scope is limited to facade work:

   (1) The primary or alternate site safety manager must, whenever he or she is present at the project site, perform the site safety inspections detailed in Table 10, below, at the intervals prescribed in the table.

   (2) At all times when paragraph (1) of subdivision (e) of this section requires the presence of a qualified person, and the primary or alternate site safety manager is not present at the site, the qualified person as described by subdivision (e) must perform the site safety inspections detailed in Table 10, below, at the intervals prescribed in the table.

Table 10 Facade project inspections

  Requirement Minimum Schedule of Inspections
Verify that the approved site safety plan is on site. Prior to the commencement of the project; and daily thereafter
Verify that required sidewalk sheds, fences, pedestrian protection, roof and adjoining property protection, safety netting, guardrails, perimeter protection, and controlled access zones are in accordance with the approved site safety plan. Prior to the commencement of the project; and daily thereafter
Verify that all scaffolds, cranes, derricks, hoisting machines, mast climbers, sidewalk sheds, and fences possess a valid permit/certificate, and that such information is recorded in the permit log. (Note: certain types of scaffolds and cranes/derricks are exempt from permit/certificate requirements; see sections 3314.2 and 3319.3 of the building code for details.) Prior to the commencement of the project; as each piece of equipment is brought to the site; and at the renewal or expiration of the permit/certificate
Verify that, where required, Department of Transportation permits for street or sidewalk closings are available at the site. Once per permit
Verify that notice has been provided to the department prior to the installation or removal of a suspended scaffold or a mast climber. Prior to each instance
Verify that plans for all scaffolds, cranes, derricks, hoisting machines, mast climbers, sidewalk sheds, and fences are available at the site. (Note: certain types of scaffolds and cranes/derricks are exempt from design requirements; see sections 3314.3 and 3319.3 of the building code for details.) Prior to the commencement of the project; as each piece of equipment is brought to the site; and monthly thereafter
Verify that installation inspections have been completed for all scaffolds, tower/climber cranes, derricks, hoisting machines, mast climbers, and sidewalk sheds, and that a record of such inspection is available at the site. (Note, installation inspections may also be required when equipment is moved to a new location at the site, or when components are relocated - for example, when decking and guardrails on a supported scaffold are moved to a different level.) Following the installation of each piece of equipment
Verify that daily/pre-shift inspections have been completed for all scaffolds, cranes, derricks, hoisting machines, mast climbers, and sidewalk sheds and that a record of such inspection is available at the site. (Note: certain types of cranes do not require an inspection; see section 3319.3 of the building code for details.) Daily
Verify that inspections have been completed following an adjustment or repair to a scaffold, crane, derrick, hoisting machine, mast climber, or sidewalk shed. Following each adjustment or repair
Verify that the general contractor or sub-contractors, as appropriate, are verifying that workers have completed a course that is at least ten hours in length and approved by the United States Department of Labor Occupational Safety and Health Administration (OSHA) in construction industry safety and health, or an equivalent training, and that documentation of such verification is maintained at the site by the general contractor or sub-contractors. Daily
Verify that the general contractor or sub-contractors, as appropriate, are providing a site specific safety orientation to all workers employed at the site, and that documentation of such orientation is maintained at the site by the general contractor or sub-contractors. Weekly
Verify that contractors engaged in scaffold, mast climber, rigging, hoisting, or sign hanging work are checking that individuals engaged in such work possess training, certification, or licensing for such work, as appropriate, and that documentation of such check is maintained at the site by the contractor. Daily
Verify that flagpersons are present to stop pedestrian and/or vehicular traffic during the following intermittent operations: Throughout the day
  (i)  During all lifting and hoisting operations;  
  (ii) When trucks enter and exit the site;  
  (iii)  When materials are being lifted over the sidewalk shed;  
   (iv)  When dangerous operations, e.g., blasting, occur; and  
  (v)  When the sidewalk and/or street is temporarily closed.  
Verify workers are provided with and are utilizing required personal protection equipment (PPE), including but not limited to harness and life line. Throughout the day
Verify that a means of communication exists between the responsible parties when the operator of hoisting machinery has no vision of the lift or loading areas. Prior to the start of any such hoisting operation; and throughout the day as such hoisting operation is ongoing
Verify that all signs required by section 3301.9 of the building code are installed and contain the required information. Prior to the commencement of the project; and upon the posting of any sign added after the commencement of the project
Verify that scaffolds, sidewalk sheds, fences, and other pedestrian protection are free of signs or advertisements not directly related to the project. Prior to the commencement of the project; and daily thereafter
Verify that the standpipe system has passed its most recent hydrostatic pressure test and flow test, and that the sprinkler system has passed its most recent hydrostatic pressure test. Prior to the commencement of the project; and, if applicable, when a new hydrostatic pressure test and/or flow test is required.
Verify that where active work is occurring, where project material/debris/equipment is being stored, and where sidewalk sheds, fences, or other pedestrian protection is located: Daily
  (i)  Standpipe valves/hose connections/fire department connections are in place; and  
  (ii)  Standpipe valves/hose connections/fire department connections are free from obstruction.  
In areas where a sidewalk shed or fence has been installed, verify that the required red light marking the fire department connection is functional and the required sign identifying the fire department standpipe connection is visible. Prior to the commencement of the project; and daily thereafter
If”hot works”(welding, grinding operations producing sparks, torch operations, etc.) operations are performed, verify that fire extinguishers and dedicated personnel with valid FDNY fire watch certificate of fitness are on site at the location of”hot works”operations. Prior to start of any”hot works”operations; and throughout the day as”hot works”operations are performed.
Verify compliance with the provisions of section 3314.11.5 of the building code when welding operations are conducted from a suspended scaffold. Prior to the start of any welding operation from a suspended scaffold; and throughout the day as welding operations occur from a suspended scaffold
Verify that all flammable/combustible liquids and gases are located in a well-ventilated area, away from combustible materials, and away from open flame or sources of ignition in accordance with the requirements of the fire department. Throughout the day
Verify that, where active work is occurring, where project material/debris/equipment is being stored, or where sidewalk sheds, fences, or other pedestrian protection are located: Throughout the day
  (i)  Building egress is not obstructed;  
  (ii)  Areas used by the public are maintained free from ice, snow, grease, debris, equipment, materials, projections, tools, hoses, wires, ropes, or other items, substances, or conditions that may constitute a slipping, tripping, or other hazard; and  
  (iii)  Guards, shields or barricades surround all exposed, electrically charged, moving or otherwise dangerous parts of machines and equipment so as to prevent contact with the public.  
Verify that: Prior to the commencement of the project; and daily thereafter
  (i) Sidewalk shed lights are functioning;  
  (ii) No brace or rail is hanging unattached at one or more ends of the sidewalk shed;  
  (iii) No portions of the sidewalk shed support structure are disconnected;  
  (iv) No section of the sidewalk shed parapet is missing; and  
  (v) All legs of the sidewalk shed remain on their support and are supported to the ground.  
Verify that contractor sheds and offices are in accordance with section 3303.16 of the building code. Prior to the commencement of the project; and upon the installation of any contractor shed added after the commencement of the project
Verify that chutes used for the removal of debris are installed and maintained in accordance with section 3303.5.5 of the building code. As new chutes are installed at the site; as existing chutes are relocated at the site; and weekly thereafter
Verify required safety netting is installed and in good repair. Daily
Verify required guardrails and toeboards on exterior scaffolds are installed and in good repair. Daily
Verify that sufficient containers for the storage of waste/debris generated by the project are provided, and that such containers are: Daily
  (i)  Covered at the end of the shift;  
  (ii)  Covered anytime when full to near the rim; and  
  (iii)  Wheels are secured at the end of the shift.  
Verify that, at the end of the shift, all tools and loose materials have been secured, and that all waste/debris generated by the project, including but not limited to garbage/debris located on scaffolds, mast climbers, sidewalk sheds, roofs, and setbacks, has been placed into containers or removed from the site. Daily, at the end of the shift
Verify that combustible waste/debris generated by the project is not allowed to accumulate and is removed from the site. Throughout the day
Verify that tools and equipment not in use are kept away from edges or openings. Throughout the day
Verify that materials placed/stored on a sidewalk shed are placed/stored only in areas designated on the sidewalk shed plans, and such materials are secured against dislodgement, and there is no evidence of deflection or failure of the sidewalk shed in the vicinity of the storage. Daily
Verify that, at the end of the shift, suspended scaffolds have been lowered to the street, sidewalk shed deck, or building setback, or have been otherwise secured to the roof or the building in accordance with the scaffold plans. Daily, at the end of the shift

~

  1. Site safety manager requirements for a facade project.

   (1) Site safety manager presence at a facade project which does not constitute facade recladding. For a project that is limited in scope to facade work, and which does not constitute facade recladding:

      (i) The primary site safety manager must, at a minimum, visit the site after required sidewalk sheds, fences, pedestrian protection, and roof and adjoining property protection have been installed, but prior to the commencement of the project.

      (ii) The primary or alternate site safety manager must be present while the following work is performed:

         (A) Supported scaffold installation or removal, but not including the relocation of existing deck planking or guardrails to a different level of the scaffold provided any such relocation is designated on the scaffold design documents;

         (B) Mast climber installation or removal; or

         (C) Other work as directed by the commissioner.

      (iii) The primary or alternate site safety manager must visit the site within 24-hours of the issuance of a hazardous violation by the department.

      (iv) The primary or alternate site safety manager must be present when the following rigging work is performed, and such rigging work is not performed by or under the direct and continuing supervision of a licensed rigger:

         (A) Suspended scaffold installation or removal;

         (B) Suspended scaffold use; or

         (C) Hoisting machine installation/assembly/erection, climbing/jumping, removal/disassembly, or a relocation requiring modifications to tie-backs, counterweights, or connections to the base building/structure.

   (2) Facade recladding. For a project that is limited in scope to facade work, and which constitutes facade recladding, the primary or alternate site safety manager is required to be present at the site during all times active work is occurring, through all phases of work, beginning with the commencement of the facade work and continuing until the building is enclosed and the sidewalk shed is removed, except that, the primary or alternate site safety manager is not required to be present at the site during the following activities, provided no other work is in progress:

      (i) Surveying that does not involve the disturbance of material, structure, or earth;

      (ii) Use of a hoist to transport personnel only;

      (iii) Use of a material hoist that is fully enclosed within the perimeter of the building;

      (iv) Finish trowelling of concrete floors;

      (v) When personnel are provided for temporary heat, light, or water; or

      (vi) Truck deliveries to the site where the sidewalk is closed and the entrance gate is within that closed sidewalk area.

   (3) Multiple facade jobs. A site safety manager may serve as the primary or alternate site safety manager at multiple projects whose scope is limited to facade work, and which does not constitute facade recladding, provided such site safety manager is not contemporaneously the primary or alternate site safety manager for any construction, alteration, or demolition project, or any facade recladding project, and further provided that the site safety manager is able to fulfill all duties imposed upon the site safety manager by law and these rules.

   (4) Site safety log. In addition to the requirements of subdivisions (f) and (g) of this section, the primary or alternate site safety manager working pursuant to this subdivision must:

      (i) Record their presence at the jobsite by signing the site safety log and noting their time of arrival and departure from the site, immediately after arriving at the site and immediately prior to leaving the site, respectively; and

      (ii) Record the results of inspections required by subdivision (c) of this section prior to leaving the site for the day.

  1. Qualified person for facade project.

   (1) Qualified person to be present. For a project that is limited in scope to facade work, and which does not constitute facade recladding, a qualified person, who meets the requirements of paragraphs (2) and (3) of this subdivision, must be present at the site during all times active work is occurring, continuing through all phases of work, beginning with the installation of the sidewalk shed and continuing until the building is enclosed and the sidewalk shed is removed, except that such qualified person is not required to be present at the site during the following activities, provided no other work is in progress:

      (i) Surveying that does not involve the disturbance of material, structure, or earth;

      (ii) Use of a hoist to transport personnel only;

      (iii) Use of a material hoist that is fully enclosed within the perimeter of the building;

      (iv) Finish trowelling of concrete floors;

      (v) When personnel are provided for temporary heat, light, or water; or

      (vi) Truck deliveries to the site where the sidewalk is closed and the entrance gate is within that closed sidewalk area.

   (2) Written designation of the qualified person. The designation of one or more individuals to serve as a qualified person pursuant to this subdivision must be evidenced by a written letter, signed and dated by the permit holder. Such letter must, at a minimum, contain the name and contact information for each designated individual. Such letter must be kept on site and be available for inspection by the commissioner upon request.

   (3) Qualifications of qualified person. A qualified person designated in accordance with this subdivision must possess all of the following qualifications:

      (i) Completed the orientation and training required by Section 3310.10 of the Building Code;

      (ii) Beginning July 1, 2016, completed a department approved site safety manager training course that is least 40 hours in length, and every three years thereafter, complete a department approved site safety manager refresher course that is at least 7 hours in length;

      (iii) Beginning July 1, 2016, completed the training required by Section 3314.4.5.1 of the building code for supported scaffold installers;

      (iv) Beginning July 1, 2016, completed the training required by Section 3314.4.5.3 of the building code for suspended scaffold supervisors;

      (v) Beginning July 1, 2016, completed a course that is at least 30 hours in length and approved by the United States Department of Labor Occupational Safety and Health Administration (OSHA) in construction industry safety and health; and

      (vi) If the qualified person is not a licensed rigger or a rigging foreman, be approved by the primary site safety manager.

   (4) Proof of qualifications. Evidence, acceptable to the commissioner, of completion of the licensure, training, or other qualifications required by paragraph (3) of this subdivision must be made readily available to the commissioner upon request.

   (5) Site safety log. In addition to the requirements of subdivisions (f) and (g) of this section, the qualified person working pursuant to this subdivision must:

      (i) Record his or her presence at the jobsite by signing the site safety log and noting the time of arrival and departure from the site, immediately after arriving at the site and immediately prior to leaving the site, respectively;

      (ii) Record the results of inspections required by subdivision (c) of this section prior to leaving the site for the day; and

      (iii) Record any conditions reported to the site safety manager in accordance with paragraph (8) of this subdivision.

   (6) Reporting to the department. The qualified person working pursuant to this subdivision must immediately report to the department any:

      (i) Accidents or incidents that require notification to the department in accordance with Section 3301.8 of the building code; and

      (ii) Any items listed in Section 3310.8.2.1 of the building code.

   (7) Providing a copy of the log to the site safety manager. The qualified person working pursuant to this subdivision must, at the end of the day, provide a copy of the day’s completed site safety log to the primary site safety manager, or to the alternate site safety manager where so directed by the primary site safety manager.

   (8) Reporting to the site safety manager. The qualified person must immediately report the following items to the primary or alternate site safety manager:

      (i) Any accidents or incidents that require notification to the department in accordance with Section 3301.8 of the building code;

      (ii) Any items that fail the inspections required by subdivision (c) of this section;

      (iii) Any items listed in Section 3310.8.2.1 of the building code; and

      (iv) Any violations issued by the department relating to the work performed.

  1. Site safety log for jobs whose site safety plan was approved prior to December 31, 2014. For jobs whose site safety plan was approved by the department prior to December 31, 2014, a site safety log must be maintained at the site by the site safety manager or coordinator and made available for inspection upon the request of the commissioner.

   (1) The site safety manager or coordinator shall ensure that all daily entries in the site safety log are completed. These entries must be recorded by 7:00 a.m. on the day following the activities.

   (2) The site safety manager or coordinator, or an alternate, shall sign the log at the beginning of each day, and must be present at the job at all times during ongoing construction or demolition. If at any point during the day the site safety manager or coordinator, or alternate, shall be relieved of his or her responsibilities at the site, or leave the site for any reason, he or she shall indicate this in the log and an alternate shall sign in.

   (3) Log contents. At a minimum, the site safety log shall contain the following:

      (i) Date and location of inspections performed in accordance with subdivision (a) of this rule;

      (ii) Date and names of individuals met with to satisfy the requirements of § 3310.8.1 of the building code;

      (iii) Any unsafe acts and/or conditions, and dates and locations of said unsafe acts and/or conditions;

      (iv) Companies and representatives notified of unsafe acts and/or conditions;

      (v) Dates of notification of unsafe acts and/or conditions;

      (vi) Dates of correction of unsafe acts and/or conditions;

      (vii) Any accident involving the public or damage to public or private property;

      (viii) Any violations, stop work orders or summonses issued by the department, including date issued and date lifted or dismissed;

      (ix) Dates and location where horizontal and vertical netting have been installed, replaced and/or repaired;

      (x) Date horizontal safety netting is removed; and

      (xi) Date when building reaches a height of 75 feet (22.860 mm).

  1. Site safety log for jobs whose site safety plan was approved on or after December 31, 2014. For jobs whose site safety plan was approved on or after December 31, 2014, the requirements of Section 3310.8.4 of the building code shall apply.
  2. Permit log for jobs whose site safety plan was approved prior to December 31, 2014. For jobs whose site safety plan was approved by the department prior to December 31, 2014, any equipment brought onto the job that requires permits, as well as a description of the equipment, where it is to be located, permit number, issue and expiration date of the permit, and certificate of inspection, if required, must be entered on a separate permit log that must be maintained at the site by the site safety manager or coordinator and made available for inspection upon the request of the commissioner.
  3. Permit log for jobs whose site safety plan was approved on or after December 31, 2014. For jobs whose site safety plan was approved on or after December 31, 2014, the requirements of Section 3310.8.5 of the building code shall apply.
  4. Notification for jobs whose site safety plan was approved prior to December 31, 2014. For jobs whose site safety plan was approved by the department prior to December 31, 2014, the site safety manager or coordinator must immediately and directly notify the department in accordance with section 3310.8.2 of the building code, as such code existed on the date the site safety plan was approved, if he or she discovers in the routine performance of the job any of the conditions listed in such section 3310.8.2 or below:

   (1) Required standpipe is not in place at each story below the construction or demolition floor;

   (2) Required standpipe valve(s) are not in place at each story below the construction or demolition floor;

   (3) Required standpipe is not capped;

   (4) Required standpipe is not connected to a water source or siamese connection;

   (5) Required standpipe siamese hose connection(s) is obstructed;

   (6) Required standpipe siamese hose connections are not marked by a red light and a sign reading, “Standpipe Siamese Connection”

   (7) A breach exists in the required standpipe risers, cross connections, or siamese connections;

   (8) The standpipe alarm activates; or

   (9) When a building over 75 feet (22.86 m) is being constructed or demolished and at least one elevator or hoist in a state of readiness is not available for FDNY access.

  1. Notification for jobs whose site safety plan was approved on or after December 31, 2014. For jobs whose site safety plan was approved on or after December 31, 2014, the requirements of Section 3310.8.2.1 of the building code shall apply.

§ 3310-02 Concrete Safety Managers.

(a) Definitions. For the purposes of this chapter, the following terms shall have the following meanings:

   (1) Concrete safety manager. The term “concrete safety manager” shall mean the individual registered in accordance with subdivision (c) of this section and responsible for those duties defined in subdivision (e) of this section.

   (2) Job. The term “job” shall mean a major building construction project that involves the placement of two thousand (2,000) cubic yards or more of concrete including the placement of the foundation. The term job shall not include exterior non-structural on-grade flatwork, such as sidewalks, driveways, mechanical pads and curb cuts, or any other work as determined by the Commissioner.

   (3) Concrete operations. The term “concrete operations” shall mean the placement of concrete and the construction and stripping of concrete forms and related concrete activities pertaining to the duties defined in paragraph (e) of this rule. For the purposes of this section, concrete operations shall not include layout, surveying, crane jumping, temporary heating, electrical, plumbing or mechanical work.

  1. Permits.

   (1) Ninety (90) days after the effective date of this rule, no permit for a job shall be issued or renewed until the permittee or his or her representative has identified on the permit application form a concrete safety manager registered with the Department in accordance with the provisions of this section. Permits issued before the effective date of this rule shall not require a concrete safety manager.

   (2) Where a concrete safety manager is permanently relieved of his or her duties, the concrete operations for which the designated concrete safety manager is relieved shall cease immediately until notification of a new concrete safety manager is made to the department in a manner as determined by the commissioner.

  1. Registration of concrete safety managers.

   (1) Designation at a job site. A concrete safety manager shall be designated by the concrete contractor at all job sites in accordance with section 3310.9 of the New York City Building Code (“Building Code”). In accordance with section 3310.9 and any applicable Department rules, the concrete safety manager and his or her alternate shall coordinate directly with the designated site safety manager or site safety coordinator on the job site.

   (2) Registration date. Ninety (90) days after the effective date of this rule, all individuals serving as concrete safety managers or alternate concrete safety managers for jobs shall be registered with the Department and subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code.

   (3) Qualifications. The Department shall issue a concrete safety manager registration to an individual who shall, at the time of his or her application, meet the requirements of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code and submit proof that he or she has completed the thirty- (30) hour training course required by section 3310.9, the OSHA thirty- (30) hour construction safety and health course, and:

      (i) is a registered design professional and has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least one (1) of which was in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete; or

      (ii) has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least four (4) of which were in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete; or

      (iii) has a bachelor’s degree in engineering or an appropriate engineering technology degree from an accredited college or university and has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least three (3) of which were in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete; or

      (iv) is a certified site safety manager and has, within the ten (10) years prior to the date of the application, five (5) years of experience in concrete operations, at least two (2) of which were in concrete operations where the concrete portion of the project(s) involved the placement of a minimum of two thousand (2,000) cubic yards of concrete.

   (4) Term. Registrations shall be valid for three (3) years from the date of issuance.

   (5) Fees. Registration fees shall be as set forth in 1 RCNY § 101-03.

  1. Renewals. An application for renewal of a concrete safety manager registration shall be submitted between thirty (30) and sixty (60) days prior to the expiration date of the registration.

   (1) The renewal fee as set forth in 1 RCNY § 101-03 shall be submitted with the application. Renewals not submitted in a timely manner shall be subject to a late renewal fee as set forth in 1 RCNY § 101-03.

   (2) Timely renewal applications shall be accompanied by proof that the applicant has, during the year prior to renewal, successfully satisfied the continued education requirements as set forth in 1 RCNY § 104-06.

   (3) Renewals not filed within one (1) year of registration expiration shall be treated as new applications.

   (4) Renewals are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code.

  1. Duties. A concrete safety manager shall have responsibilities including, but not limited to:

   (1) being onsite and available during all concrete operations and until the removal of the reshores and horizontal safety netting is completed. A concrete safety manager need not be present for concrete operations involving exclusively sidewalks, driveways, mechanical pads or other miscellaneous areas. The concrete safety manager is not required to be onsite when no concrete operations are taking place.

   (2) being available to the Department at all other times until completion of the concrete operations by email, mobile phone or other means as determined by the Department. If the registered concrete safety manager is unavailable, an alternate concrete safety manager shall be available to the Department at all times until completion of the concrete operations, by email, mobile phone or other means as determined by the Department;

   (3) monitoring compliance with and notifying the contractor of any violation of:

      (i) Chapter 19 and Chapter 33 of the Building Code and OSHA standards relating to concrete operations;

      (ii) the use and installation of fall protection measures and personal protection equipment for all personnel engaged in concrete operations; and

      (iii) safe techniques and use of equipment for installation and removal of

         (A) concrete;

         (B) formwork;

         (C) shores; and

         (D) reinforcing steel. in order to protect against falls, falling concrete and objects, collapsing floors and similar dangers;

   (4) immediately notifying the site safety manager or the site safety coordinator on the job site and the Department of:

      (i) any fatality;

      (ii) any injury to a member of the public;

      (iii) any worker injury resulting in emergency medical response or hospitalization;

      (iv) any damage to public or private property occurring on or adjacent to the job site that arises from the concrete operations;

      (v) any form failure; or

      (vi) any material or debris falling from the concrete operations;

   (5) advising the Department of contact information and changes thereto;

   (6) cooperating with any investigation by the Department, or other city or law enforcement agency, into the activities at any job site under his or her supervision and providing prompt, accurate and complete responses to inquiries by the Department and other agencies about the conduct of such activities;

   (7) keeping a daily log of all concrete operations pertaining to the job site including, but not limited to, the following:

      (i) safety precautions put in place for concrete operation for each day;

      (ii) any unsafe work or practice, the corrective action taken and the date of correction; (iii)  amount of concrete poured for each day;

      (iv) location of pouring, forming, stripping, and rebar tying for each day;

      (v) name of the qualified person designated by the contractor to inspect the formwork for each day;

      (vi) name of the foreman in charge of the formwork for each day;

      (vii) the presence of the design drawings for the formwork, including shoring foundations, required for the job under section 1906.3 of the Building Code; and

      (viii) visits of the site safety manager or site safety coordinator during concrete operations.

   (8) ensuring that the assigned concrete testing laboratory and special inspector(s) are present as required by Chapter 17 of the Building Code; and

   (9) performing inspections in accordance with the current Concrete Safety Manager General Inspections checklist prescribed by the Department.

  1. Limitation of duties.

   (1) A concrete safety manager may supervise only one (1) job at a time.

   (2) A concrete safety manager may also be registered as a site safety manager or a site safety coordinator but cannot serve as both a concrete safety manager and either a site safety manager or a site safety coordinator simultaneously on the same job site.

  1. Advising the Department of relief from duties.

   (1) All registered concrete safety managers shall immediately notify the Department in writing or other manner determined by the Commissioner upon being permanently relieved of or resigning from their duties in connection with any job on which they are designated.

   (2) All permittees shall immediately notify the Department in writing or other manner determined by the Commissioner when a concrete safety manager is permanently relieved of his or her duties. The permittee shall complete the appropriate job filings to identify the new concrete safety manager and comply with the provisions of paragraph (2) subdivision (b) of this section until such application is accepted by the Department.

  1. Obligations of others. Nothing in this rule is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the owner, construction manager, concrete contractor, general contractor, contractor, material man, architect, engineer, site safety manager, site safety coordinator, land surveyor, or other party involved in a construction project to engage in sound engineering, design and construction practices, and to act in a reasonable and responsible manner to maintain a safe construction site.
  2. Notification of alternate. When a concrete safety manager will not be onsite as required by paragraph (1) of subdivision (e) of this section, the registered concrete safety manager or other responsible party shall notify the Department of such absence and replacement by an alternate.

§ 3314-01 Mast-Climbing Work Platforms (Mast Climbers).

(a) Scope. The design, construction, permitting, installation, removal, maintenance, adjustment, repair, use, operation, and inspection of a mast climber shall conform to the requirements of the mast climber manufacturer, ANSI/SIA A92.9-1993, Section 3314.19 of the New York City Building Code ("Building Code"), and this section. Exception. A mast climber shall be exempt from the requirements of this section where a professional engineer, on behalf of the equipment owner, certifies to the department, supported by plans and calculations, that the installation, removal, and use of the mast climber at the job site meets the following conditions:

   (1) The mast climber is installed, removed, and used within the confines of the job site; and

   (2) The job site is closed to the public by means of a controlled access zone and protected in accordance with section BC 3307 of the Building Code; and

   (3) The mast climber, in all conditions of loading, will not overload the street, ground, foundation, structure, roof, setback, or any subsurface vault, tunnel, or utility; and

   (4) The mast climber is set back from the edge of the job site at a distance that is equal to or more than 125% of the height of the final most vertical member of the mast climber to be installed, as measured from the ground, roof, setback, or structure upon which the mast climber sits; or the mast climber is utilized inside a building or interior court yard, and such area where the mast climber is utilized is closed to the public by means of a controlled access zone and separated from the public by an independent wall or similar solid full height enclosure.

  1. Definitions. In addition to the definitions set forth in Chapter 33 of the Building Code, for the purposes of this section, the following terms shall have the following meanings:

   (1) Adjustment. The calibration or modification of equipment, including any part or component, that does not otherwise meet the definition of an installation, removal, repair, or maintenance.

   (2) Approved plans. For the purposes of this section, such term shall include the approved mast climber notice application.

   (3) Critical component. A mast section, platform section, the drive system, and the high/low limit stops.

   (4) Equipment owner. The entity that owns the mast climber.

   (5) Equipment user. The contractor or entity operating or utilizing the mast climber.

   (6) Installation (install).

      (i) The initial assembly, set up, or placement of a mast climber at a job site; or

      (ii) following the initial installation, the addition, relocation, or removal of any part or component, including counterweights, attachments, tie-backs, anchorage, or connection to the structure, which does not otherwise constitute a repair, or does not otherwise occur automatically as part of the normal operation of the mast climber; or

      (iii) any horizontal relocation of the mast climber at the job site.

   (7) Job site. A construction, alteration, or demolition site within New York City.

   (8) Maintenance. Regular or periodic upkeep as specified by the manufacturer to keep the mast climber, including all parts and components, in like new condition and safe working order, and that does not otherwise meet the definition of an installation, removal, or repair.

   (9) Manufacturer. The entity that owns the rights to the design and manufacturing of the mast climber and possesses the capacity to build and service the mast climber, provide replacements parts or components, and provide technical support for the mast climber.

   (10) Mast climber. A mast-climbing work platform as defined by Chapter 33 of the Building Code.

   (11) Removal (remove). The disassembly of the mast climber at the job site.

   (12) Repair. Work performed to restore a piece of equipment, part, or component to like new condition and safe working order following decay, wear, or damage. It shall also include the replacement of a part or component.

   (13) Valid certificate. A department-issued certificate of approval, operation, or on-site inspection that has not expired or been suspended or revoked.

  1. Certificates required. No equipment owner, equipment user, or other entity shall use or permit the use of a mast climber that does not possess and/or is not in conformance with a valid certificate of approval, certificate of operation, and certificate of on-site inspection. Where a mast climber is found not to be in compliance with one or more certificates, the use of such mast climber shall cease. The mast climber shall not be used until it has been brought into conformance with the certificate(s) or a valid or amended certificate(s) has(have) been granted by the department. The three certificates shall be considered to meet the permitting requirements of section 3314.19 of the New York City Building Code.
  2. Certificate of approval.

   (1) Application for a certificate of approval. To request a certificate of approval, a mast climber prototype application shall be filed with the department by the mast climber manufacturer. The application shall contain the following information:

      (i) Owner’s manual and operator’s manuals. The manufacturer’s owner’s manual and operator’s manual shall show all configurations for which approval is sought, general equipment specifications, installation and removal procedures, break and over speed governor test procedures, daily, frequent, and annual inspection requirements, shutdown wind criteria, maintenance procedures, and repair criteria and standards. Such manuals shall be printed in English, provided in an electronic format, and shall be in conformance with the requirements of Section 4.18 of ANSI/SIA A92.9-1993.

      (ii) Capacity chart. The manufacturer’s capacity rating chart(s) shall be printed in English, show each configuration for which approval is sought and contain chart numbers and page numbers for identification.

      (iii) Brochure. The advertising brochure, or drawing, shall show the general configurations and specifications for which approval is sought.

      (iv) Manufacturer’s affidavit. An affidavit from the manufacturer of the mast climber that shall contain the following information:

         (A) Design certification. Certification from the manufacturer that the mast climber has been designed in accordance with and meets the requirements of ANSI/SIA A92.9-1993;

         (B) Free standing height. A listing of the maximum free standing height shall be provided for each configuration for which approval is sought;

         (C) Tie-in spacing. Maximum and minimum tie-in spacing shall be provided for each configuration for which approval is sought;

         (D) Wind speed. Maximum safe in-service and out-of-service wind speed information shall be provided for each configuration for which approval is sought;

         (E) Safety devices. A listing of safety devices included in the mast climber shall be provided;

         (F) Annual inspection checklist. An annual inspection checklist, based on the requirements of the manufacturer’s owner’s and operator’s manuals;

         (G) Safety bulletins. Certification shall be provided by the manufacturer that all manufacturer safety bulletins and recall notices related to the mast climber shall be submitted to the department within five (5) business days of issuance; and

         (H) Service information. Points of contact for technical and service questions shall be provided, including name(s), phone number(s), fax number(s), address(es), and e-mail address(es).

      (v) Additional information. Any supporting data, drawings, or calculations to verify the above-required submissions shall be provided upon request.

   (2) Issuance of the certificate of approval. Upon approval of the mast climber prototype application, the department shall issue a certificate of approval for the mast climber to the manufacturer. The submitted manuals, including the configurations and capacity rating chart(s) shall be considered part of the certificate of approval.

   (3) Amendments. A request to amend a valid certificate of approval shall only be made by the mast climber manufacturer. Upon approval of the amendment(s), the department shall issue an amended certificate of approval. A certificate of approval is required to be amended when:

      (i) Capacity ratings are altered;

      (ii) Configurations are altered;

      (iii) Maximum free standing mast height is altered;

      (iv) Maximum or minimum tie-in spacing is altered;

      (v) Maximum safe in service or out of service wind speed is altered; or

      (vi) Any part, component, attachment, extension, or equipment is added that is not authorized by the manufacturer, or not accounted for in the design calculations of the manufacturer, or not provided for in the manufacturer’s manual, or is not provided for in the certificate of approval.

   (4) Safety bulletins. Manufacturers of mast climbers with a valid certificate of approval shall provide to the department manufacturer safety bulletins and recall notices related to the mast climber within five (5) business days of issuance. Safety bulletins and recall notices shall not be considered an amendment to the certificate of approval and shall not impact the validity of the certificate of approval. The department may require mast climber manufacturers with a valid certificate of operation or certificate of on-site inspection, or applying for such certificates, to demonstrate compliance with the safety bulletin or recall notice.

   (5) Manuals. Manufacturers shall provide updated manufacturer’s owner’s and operator’s manual(s) to the department within thirty (30) business days of issuance. Updated manuals shall replace the manuals on file with the department for the certificate of approval and shall be considered part of such certificate. No fee shall be charged to update such manuals.

   (6) Manufacturer support. When points of contact for technical and/or service questions, including name(s), phone number(s), fax number(s), address(es), and e-mail address(es) change, the manufacturer shall provide updated information to the department within five (5) business days of the change. If the manufacturer of the mast climber changes, the new manufacturer shall notify the department and provide updated information to the department within five (5) business days of the change. Updated manufacturer information shall replace the information on file with the department for the certificate of approval and shall be considered part of such certificate. No fee shall be charged to update such information. Where there is no manufacturer to support the mast climber, the certificate of approval shall remain valid. However, no certificate of operation for such mast climber shall be issued or renewed unless the requirements of subparagraph (iv) of paragraph (2) of subdivision (e) of this section are met.

   (7) Transferability. Where a mast climber, its configuration(s), and capacity rating chart(s) are identical to equipment already possessing a valid certificate of approval from the department and such mast climber will be configured and operated as provided in that certificate of approval, the certificate of approval issued for the initial mast climber shall be accepted for the duplicate mast climber.

   (8) 2012 Amendment. Certificates of approval issued prior to the effective date of this section shall be amended by July 1, 2012, in accordance with paragraph (3) of this subdivision (d) to supply any information currently not included in the certificate of approval as required by paragraph (1) of this subdivision (d). Valid certificates of approval that are not amended by July 1, 2012 shall be deemed to be revoked.

   (9) Suspension or revocation of a certificate of approval. The department may suspend or revoke a certificate of approval in accordance with Section 105.10 of Title 28 of the New York City Administrative Code (“Administrative Code”).

  1. Certificate of operation.

   (1) Conformity with the certificate of approval. No certificate of operation or extension, renewal, or amendment of a certificate of operation shall be granted by the department for a mast climber that does not possess a valid certificate of approval or is not in conformance with the valid certificate of approval.

   (2) Application for a certificate of operation. To request or renew a certificate of operation, the equipment owner shall sign and file with the department a mast climber device application. The application shall contain the following information:

      (i) Listing of critical components. The equipment owner shall list the critical components of the mast climber, provide information regarding the dimensions and/or capacity of the critical components, and provide a unique identification number, acceptable to the department, for each critical component. Exception. An identification number is not required for the high/low limit stops.

      (ii) Owner’s certification. The equipment owner shall certify that:

         (A) The mast climber, including all parts and components, has passed an inspection performed by the equipment owner or an authorized person on behalf of the equipment owner who meets the definition of a qualified person. Such inspection shall consist of the inspection as required by section 6.5 of ANSI/SIA A92.9-1993, plus a full visual inspection of all parts and components of the mast climber. Such certification shall be accompanied by an inspection checklist signed and dated by the equipment owner, and shall also be accompanied by photographs in accordance with subdivision (g) of this section showing the mast climber controls, limit stops, platform(s), and typical mast section(s).

         (B) The mast climber, including all parts and components, shall be delivered to the job site in good condition and safe working order, with no known hazardous conditions or maintenance problems that could compromise the safe operation of the mast climber.

         (C) Inspection, adjustment, maintenance, repair, and installation work required to be performed by or on behalf of the owner shall be performed in accordance with subdivisions (h), (j), and (k) of this section.

      (iii) Disclosure of history. The equipment owner shall disclose if:

         (A) A repair has been made to any critical component by or with the knowledge of the equipment owner within the last five (5) years. If a repair occurred, the nature of the repair shall be disclosed and the equipment owner shall certify the repair was in accordance with the requirements of paragraph (4) of subdivision (j) of this section.

         (B) The mast climber, including any critical component, has, to the knowledge of the equipment owner, been involved in an accident within the last five (5) years. If an accident occurred, the equipment owner shall disclose the address and nature of the accident.

      (iv) Manufacturer support. Where there is no manufacturer to provide technical or service support for the mast climber, such circumstance shall be disclosed to the department by the equipment owner. Where there is no manufacturer to provide technical support, the equipment owner shall designate a professional engineer, acceptable to the department, to take responsibility for all technical support. Where there is no manufacturer to provide service support, the owner of the mast climber shall take responsibility for all service support. The owner and/or the engineer shall provide point of contact information for questions from the department for the specific mast climber including name(s), phone number(s), fax number(s), address(es), and e-mail address(es). This information shall be updated with the department as changes occur within five (5) business days of such change.

   (3) Issuance of the certificate of operation. Upon approval of the mast climber device application, the department shall issue a certificate of operation for the mast climber to the equipment owner. The mast climber shall not be installed until it possesses a valid certificate of operation.

   (4) Job specific validity. The certificate of operation for a mast climber shall be valid for only one job site and shall expire at the end of the job. The certificate must then be renewed prior to the start of a new job by filling an application in accordance with paragraph (2) of this subdivision (e).

   (5) Amendments. A request to amend a valid certificate of operation shall only be made by the equipment owner. Upon approval of the amendment, the department shall issue an amended certificate of operation to the equipment owner. A certificate of operation is required to be amended when:

      (i) A critical component listed in the original application is adjusted or repaired;

      (ii) A critical component not listed in the original application is added;

      (iii) The mast climber, or any part or component, is found not to have been repaired, adjusted, or maintained in accordance with paragraph (4) of subdivision (j) of this section;

      (iv) A mast climber with a valid certificate of operation is involved in an accident; or

      (v) A mast climber with a valid certificate of operation is sold to a new equipment owner; or

      (vi) The manufacturer no longer provides technical or service support for the mast climber. Amendments shall be granted by the department following provision of the information required in paragraph (2) of this subdivision (e), if requested, or performance and certification of repair(s), adjustment(s), or maintenance in accordance with paragraph (4) of subdivision (j) of this section, or passage of an inspection in accordance with subdivision (k) of this section.

   (6) Sale of equipment.

      (i) Valid certificate of operation. When a mast climber possessing a valid certificate of operation is sold to a new equipment owner, the department shall be notified, in writing, by such new equipment owner within fourteen (14) days following the date of sale. Such notification shall include a copy of the bill of sale. The mast climber shall not be operated until the new equipment owner has filed an application to amend the certificate of operation in accordance with paragraph (5) of this subdivision (e) containing all the information required by paragraph (2) of this subdivision (e) and the department has approved an amended certificate of operation for the mast climber.

      (ii) Expired certificate of operation. Where a mast climber with an expired certificate of operation is sold to a new equipment owner, the department shall be notified, in writing, by such new equipment owner when the new owner renews the certificate of operation. Such notification shall include a copy of the bill of sale.

   (7) Multiple mast climbers. Where multiple mast climbers are combined together, a separate certificate of operation shall be required for each drive system.

   (8) Suspension or revocation of a certificate of operation. The department may suspend or revoke a certificate of operation in accordance with Section 105.10 of Title 28 of the Administrative Code.

  1. Certificate of on-site inspection.

   (1) Conformity with the certificate of approval and certificate of operation. An application for a certificate of on-site inspection may be filed with the department for a mast climber that does not possess a valid certificate of approval or certificate of operation. However, no certificate of on-site inspection or amendment to such certificate shall be granted by the department for a mast climber that does not possess a valid certificate of approval and certificate of operation, or is not in conformance with the certificate of approval and certificate of operation.

   (2) Application for a certificate of on-site inspection. To apply for a certificate of on-site inspection, a professional engineer on behalf of the equipment owner shall file a mast climber notice application with the department. Accompanying plans and calculations shall include the proposed project address and be signed and sealed by the engineer. The application shall contain the following information:

      (i) Ground and subsurface conditions.

         (A) Certification from the engineer that he/she has inspected the ground conditions at the proposed location of the mast climber and accounted for them in his or her design;

         (B) Identification of all pertinent ground and subsurface conditions, including but not limited to: elevations and slopes, all sheeting, shoring, retaining walls or excavations, all vaults, foundations, utilities, or other subsurface structures that could be impacted by the presence of the mast climber, along with identification of assumed soil, street, or sidewalk bearing values; and

         (C) Certification from the engineer, supported by calculations, demonstrating that the mast climber, in all in-service and out-of-service conditions of loading, including those due to wind conditions, will not overload the street, soil, sidewalk, or any ground, utility, vault, or subsurface condition identified in subparagraph (B) above.

      (ii) Footing. Plans showing the footing and any ground anchorage, outriggers, or dunnage of the mast climber, including matting necessary to support and distribute the loads of the mast climber. The engineer shall certify, supported by calculations, the adequacy of the footing for all in-service and out-of-service conditions of loading, including those due to wind conditions.

      (iii) Foundations and structures. Where a foundation or structure is to support the mast climber, including but not limited to tie-in connections or setting the mast climber on a foundation, setback, or roof:

         (A) Plans showing the connection of the mast climber to the foundation or structure, including tie-ins, any foundation or structure to be constructed to support the mast climber and any modifications to be made to an existing foundation or structure to support the mast climber;

         (B) For tie-in connections, specification of the materials to support the loads of the tie-in connections, identification of assumed bearing values, and pull out calculations;

         (C) Where the building is under construction, a copy of the mast climber plans stamped “reviewed for loads imposed” by the registered design professional for the building, or a letter from the registered design professional for the building stating that he or she has reviewed the mast climber plan(s) for the loads it will impose on the building and attesting to the adequacy of the building to support such loads;

         (D) Where the mast climber is used on or connected to an existing structure, certification from the engineer that he or she has inspected the structure at the proposed location of the mast climber and accounted for it in his or her design; and

         (E) Certification from the engineer, supported by calculations, of the adequacy of the foundation or structure to support the mast climber and of the adequacy of all connections, including tie-ins, to support the mast climber in all in-service and out-of-service conditions of loading, including those due to wind conditions.

      (iv) Setup plan. The notice application shall include a site plan(s) and elevation plan(s) showing the following:

         (A) The proposed location of the mast climber;

         (B) The setup and configuration of the mast climber, including dimensions of mast sections and platforms and maximum weight-bearing capacity for each section;

         (C) All phases of the installation and removal of the mast climber;

         (D) Plans detailing the installation and removal of the mast climber, based on the requirements of the manufacturer;

         (E) Optimal platform location when the mast climber is out of service, for all phases;

         (F) Certification from the engineer, supported by calculations, that the mast climber, in all proposed configurations and phases, will be stable and able to support all conditions of loading, including those due to wind conditions;

         (G) The final proposed height of the mast climber;

         (H) Maximum and minimum tie-in spacing;

         (I) Requirements for all bolted connections of the tie-in connections, foundation, and anchorages, including bolt grade and torque values;

         (J) Netting, weather protection, or overhead protection to be installed on the mast climber;

         (K) Any material or article intended to overhang from the mast climber, including building materials, or equipment including but not limited to hoisting machines or winches;

         (L) The facade of the building or structure along which the mast climber will travel, including items such as balconies, and setbacks; temporary construction such as runback structures, sidewalk sheds, scaffolds, and hoists; and surrounding trees and above ground utilities including street lights, traffic lights, antennas, electrical lines with voltage values indicated, phone or other lines, bridges, viaducts, and overhead infrastructure; and

         (M) Certification from the engineer that the mast climber will clear all site ob- structions.

      (v) Pull out test. Where the mast climber attaches to masonry or concrete, criteria developed by the engineer for the pull out test(s).

   (3) Approval. Upon approval of the mast climber notice application, a copy of such approval shall be given to the applicant. The mast climber shall not be installed until the department has given such approval. A copy of the approved notice application, along with copies of the approved plans shall be kept at the job site and shall be made available to the department upon request.

   (4) Issuance of the certificate of on-site inspection.

      (i) Inspections. Following the installation of the mast climber at the job site, it shall be inspected as follows:

         (A) Owner’s inspection for the certificate of on-site inspection. The equipment owner, or an authorized representative of the equipment owner who meets the definition of a qualified person, shall inspect the mast climber, including all parts and components, in accordance with sections 6.4 of ANSI/SIA A92.9-1993, and shall also verify the critical components installed match those listed in the certificate of operation.

         (B) Engineer’s inspection for the certificate of on-site inspection. The engineer who filed the mast climber notice application, or an authorized representative of the engineer who meets the definition of a qualified person, shall inspect the mast climber to verify the mast climber has been installed in accordance with the approved plans; verify the tie-in connections, anchorages, footing, ground conditions, and the foundation and any structural support(s) are in accordance with the approved plans; perform pull out test(s) where required by approved plans; and survey the mast climber to ensure plumbness in accordance with approved plans.

      (ii) Inspection reports for a certificate of on-site inspection.

         (A) Owner’s inspection report for a certificate of on-site inspection. Upon passing such owner’s inspection required by subparagraph (A) of subparagraph (i) of this paragraph (4), the owner, or the authorized representative of the owner who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the owner’s inspection and detailing the results of the owner’s inspection.

         (B) Engineer’s inspection report for a certificate of on-site inspection. Upon passing such engineer’s inspection required by subparagraph (B) of subparagraph (i) of this paragraph (4), the engineer who filed the mast climber notice application, or the authorized representative of the engineer who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the engineer’s inspection and detailing the results of the engineer’s inspection. Such report shall subsequently be sealed by the engineer who filed the mast climber notice application. In addition, the engineer’s inspection report shall also contain the results of the survey for plumbness, a torque report for the tie-in, foundation, and/or anchorage bolts, the results of the pullout test, where required by approved plans, and photographs of the mast climber installed at the job site, along with photographs of the foundation, and typical tie-in connection(s), in accordance with subdivision (g) of this section.

         (C) Record of failing an initial inspection for a certificate of on-site inspection. If the mast climber failed the owner’s inspection or the engineer’s inspection before subsequently passing an additional inspection, this shall be detailed in the passing inspection report, along with a description of any adjustment, maintenance, or repairs made to the mast climber.

      (iii) Temporary certificate of on-site inspection. The mast climber may begin operation once the mast climber passes both the owner’s inspection and the engineer’s inspection, both inspection reports are completed, signed, and dated, and the engineer’s inspection report is sealed. Such reports shall be deemed a temporary certificate of on-site inspection. Copies of both reports shall be kept at the job site, and made available to the department upon request.

      (iv) Submittal of reports to the department. Within two business days following the completion of the inspection reports, a completed, signed, and dated copy of the owner’s inspection report shall be submitted to the department by the equipment owner, and a completed, signed, dated, and sealed copy of the engineer’s inspection report shall be submitted to the department by the engineer who filed the mast climber notice application. If one or both reports are not submitted to the department within the required timeframe, the temporary certificate of on-site inspection shall be deemed expired and the mast climber shall not resume operation until the department issues a certificate of on-site inspection.

      (v) Certificate of on-site inspection. Upon the department’s acceptance of both the owner’s inspection report and the engineer’s inspection report, the department shall issue a certificate of on-site inspection for the mast climber. A copy of the certificate of on-site inspection shall be maintained at the job site.

      (vi) Rejection of the inspection report. If one or both of the inspection reports are rejected by the department, the mast climber shall cease operation and shall not resume operation until a new owner’s inspection report, engineer’s inspection report, or both, are accepted by the department and a certificate of on-site inspection is issued by the department.

   (5) Amendments. An approved mast climber notice application and/or a valid certificate of on-site inspection shall only be amended by a professional engineer on behalf of the equipment owner, and shall be approved by the department. Amendments shall be approved in the order in which they were received. Amendments shall be required where the mast climber is proposed to be or has been installed, removed, located, or configured in a manner not provided for in or beyond the tolerances provided in the approved plans and cannot be brought into conformance with the approved plans.

   (6) Job specific validity. The certificate of on-site inspection shall be valid for only one (1) job site and shall expire at the end of the job.

   (7) Installation in phases. Where a mast climber is to be installed in phases, the continued validity of the certificate of on-site inspection shall be contingent upon the following.

      (i) Inspections.

         (A) Owners inspection for a phase. Following installation work subsequent to the initial installation, the equipment owner, or an authorized representative of the equipment owner who meets the definition of a qualified person, shall inspect the components added during the subsequent installation to verify their safety, correct installation, and to verify that any critical components added match those listed in the certificate of operation; run the mast climber to verify its safe operation; and inspect the safety devices and limit switches.

         (B) Engineer’s inspection for a phase. Where the subsequent installation work included the attachment of a new tie-in connection, anchorage, or structural support, the engineer who submitted the mast climber notice application, or an authorized representative of the engineer who meets the definition of a qualified person, shall inspect the added tie-in connection(s), anchorage(s), or structural support(s) to verify they are in accordance with the approved plans; perform pull out test(s) where required by approved plans; and survey the mast climber to ensure plumbness in accordance with approved plans.

      (ii) Inspection reports for a phase.

         (A) Owner’s inspection report for a phase. Upon passing such owner’s inspection required by subparagraph (A) of subparagraph (i) of this paragraph (7), the owner, or the authorized representative of the equipment owner who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the owner’s inspection and detailing the results of the owner’s inspection.

         (B) Engineer’s inspection report for a phase. Upon passing such engineer’s inspection where required by subparagraph (A) of subparagraph (i) of this paragraph (7), the engineer who filed the mast climber notice application, or the authorized representative of the engineer who performed the inspection, shall complete, sign, and date an inspection report verifying passage of the engineer’s inspection and detailing the results of the engineer’s inspection. Such report shall subsequently be sealed by the engineer who filed the mast climber notice application. In addition, the engineer’s report shall also contain the results of the survey for plumbness, a torque report for the tie-in, foundation, and/or anchorage bolts, the results of the pullout test, where required by approved plans, and photographs of the mast climber installed at the job site, along with close up photographs of the foundation, and typical tie-in connection(s), in accordance with subdivision (g) of this section.

         (C) Record of failing the initial inspection for a phase. If the mast climber failed the owner’s inspection or the engineer’s inspection before subsequently passing an additional inspection, this shall be detailed in the relevant inspection report, along with a description of any adjustment, maintenance, or repairs made to the mast climber.

      (iii) Temporary extension of the certificate of on-site inspection. Following subsequent installation work, the mast climber shall not resume operation until the mast climber passes both the owner’s inspection and the engineer’s inspection, where required, and the inspection report(s) are completed, signed, and dated, and where required, sealed. The previously existing certificate of on-site inspection shall be deemed temporarily valid for the new configuration until an amended certificate of on-site inspection is issued, and the mast climber may resume operation. Copies of both reports shall be kept at the job site, and made available to the department upon request.

      (iv) Submittal of reports to the department. Within two business days following the completion of the inspection report(s), a completed, signed, and dated copy of the owner’s inspection report shall be submitted to the department by the equipment owner, and, where required, a completed, signed, dated, and sealed copy of the engineer’s inspection report shall be submitted to the department by the engineer who filed the mast climber notice application. If one or both reports, where required, are not submitted to the department within the required timeframe, the temporarily extended certificate of on-site inspection shall be deemed expired and the mast climber shall not resume operation until the department renews the certificate of on-site inspection.

      (v) Certificate of on-site inspection. Upon the department’s acceptance of the owner’s inspection report and the engineer’s inspection report, where required, the department shall issue an amended certificate of on-site inspection for the mast climber in the new configuration. A copy of the amended certificate of on-site inspection shall be maintained at the job site.

      (vi) Rejection of the inspection report. If one or both of the inspection reports are rejected by the department, the mast climber shall cease operation and shall not resume operation until a new owner’s inspection report, engineer’s inspection report, or both, are accepted by the department and an amended certificate of on-site inspection for the new configuration is issued by the department.

   (8) Relocation. Where a mast climber is horizontally relocated during the course of the job, this shall not be considered a phase or amendment to a certificate of on-site inspection. Such relocation shall require a new mast climber notice application and a new certificate of on-site inspection.

   (9) Suspension or revocation of a certificate of on-site inspection. The department may suspend or revoke a certificate of on-site inspection in accordance with the provisions of Section 28-105.10 of the Administrative Code.

  1. Photographs. Where photographs are required to accompany an inspection report for a certificate of operation or on-site inspection, such photographs shall be taken at the time of the inspection and shall have sufficient resolution and lighting to clearly show the objects photographed.
  2. Installation and removal. Mast climbers shall be installed and removed in accordance with the requirements of ANSI/SIA A92.9-1993, the requirements of the manufacturer of the mast climber, approved plans, and the following:

   (1) Owner’s responsibility. The equipment owner, or an entity authorized by the equipment owner, shall be responsible for the installation and removal of a mast climber. All violations stemming from the actions taken, or not taken, by those installing or removing a mast climber shall be issued to the equipment owner, or the entity authorized by the equipment owner, not to an individual worker or supervisor.

   (2) Insurance. All individuals involved in the installation or removal of a mast climber shall be covered by workers’ compensation and general liability insurance of the equipment owner, or the entity authorized by the equipment owner, and shall be insured by the equipment owner, or the entity authorized by the equipment owner, to the minimum requirements specified by law.

   (3) Supervisor. The installation and removal of a mast climber shall be supervised by a representative of the equipment owner, or the entity authorized by the equipment owner, who is both a competent person and a qualified person. Such individual shall be present at the job site during all installation and removal work and shall have the ability to directly communicate with all individuals involved in the installation or removal work.

   (4) Training. On and after July 1, 2012, individuals who install or remove a mast climber, including the person supervising such installation or removal, shall be trained in accordance with the requirements of paragraph (1) of subdivision (m) of this section.

   (5) Safety meeting. Within twenty four (24) hours prior to the commencement of installation or removal operations, a safety meeting with all individuals involved in such work shall be conducted. The following topics shall be discussed during the safety meeting:

      (i) Scope of work;

      (ii) Roles and responsibilities;

      (iii) The specific sequence of work;

      (iv) Inspection of all equipment, materials, and tools to be used during the installation or removal work;

      (v) Review of all mast climber equipment to be installed;

      (vi) Permit validity;

      (vii) Qualifications and training of personnel;

      (viii) Relevant weather warnings; and

      (ix) Compliance with ANSI/SIA A92.9-1993, requirements of manufacturer of the mast climber, and the approved plans.

   (6) Notification to department. The equipment owner shall notify the department of the upcoming installation or removal of the mast climber within one business day, but not more than two business days, prior to the commencement of the safety meeting required by paragraph (5) of this subdivision (h).

   (7) Removal of tie-ins. Tie-ins shall not be removed unless the removal is expressly authorized by the person supervising the work in accordance with paragraph (3) of this subdivision (h).

   (8) Inspection. Following installation work, the mast climber shall be inspected in accordance with subdivision (f) of this section.

  1. Use and operation. Mast climbers shall be used and operated in accordance with the requirements of ANSI/SIA A92.9-1993, the requirements of the manufacturer of the mast climber, approved plans, and the following requirements of this subdivision.

   (1) Responsibility of owner. Following the installation of the mast climber, the equipment owner shall not be responsible for its use or operation, except where the equipment owner also meets the definition of the equipment user. The responsibility for the safe use and operation of the mast climber shall rest with the equipment user.

   (2) Equipment users. The equipment user shall only use the mast climber for work related to its trade. Where a separate trade or contractor uses the mast climber, such trade or contractor shall assume responsibility for the use and operation mast climber as the equipment user. A change in equipment user during the course of the day shall be considered a new shift for the purposes of paragraph (4) of subdivision (k) of this section.

   (3) Training. On and after July 1, 2012, individuals who use or operate a mast climber, including the person supervising such use and operation, shall be trained in accordance with the requirements of paragraph (2) of subdivision (m) of this section.

   (4) Safety talk. Prior to their first use of the mast climber at the job site, any individual who uses or operates the mast climber shall be given a safety talk by the equipment owner, an authorized agent of the owner, or the equipment user when so authorized by the equipment owner. The safety talk shall include, but not be limited to, the following topics:

      (i) Controls of the mast climber;

      (ii) Emergency descent procedures; and

      (iii) Site specific safety considerations.

   (5) Supervision of use and operation. The equipment user shall designate a competent person to supervise the use and operation of the mast climber. Such supervisor does not need to be on the mast climber, but shall remain on site at all times the mast climber is in use or operation and shall have the ability to directly communicate with the individuals on the mast climber. Such supervisor shall also:

      (i) Ensure all individuals using or operating the mast climber on and after July 1, 2012 have completed the training required by paragraph (2) of subdivision (m) of this section and have received the safety talk in accordance with paragraph (4) of this subdivision (i).

      (ii) Ensure the pre-shift inspection is performed in accordance with paragraph (4) of subdivision (k) of this section.

      (iii) Ensure the mast climber log is maintained in accordance with paragraph (1) of subdivision (n) of this section. The designation of a person to supervise the use and operation of a mast climber shall not relieve the liability of the equipment user for all aspects of mast climber use and operation, including but not limited to the actions of the person supervising the use and operation of the mast climber and those using or operating the mast climber. All violations stemming from actions taken or not taken by such personnel shall be issued to the equipment user, not the person supervising the use and operation of the mast climber or those using or operating the mast climber.

   (6) Safe travel speeds. Safe travel speeds established by the manufacturer of the mast climber shall be followed at all times by the equipment user. Safe travel speed information shall be prominently displayed on the mast climber.

   (7) Loads and capacities. The equipment user shall ensure no use or operation of a mast climber exceeds the rated load capacity of the mast climber or any part or component of the mast climber. Load capacities shall be prominently displayed on the mast climber.

   (8) Stable and secure. The equipment user shall ensure the mast climber, all parts and components of the mast climber, and all materials, tools, and other articles located on and/or used from the mast climber are kept secure and stable at all times to prevent the mast climber from losing balance, overturning, collapsing, or any part, component, material, tool, or other article from falling from the mast climber.

   (9) Overhang. The equipment user shall ensure no material or article overhangs from a mast climber unless provided for in plans submitted with the application for a certificate of on-site inspection and approved by the department.

   (10) Rigging. Where a hoisting machine or winch located on a mast climber is used to hoist or lower materials, the mast climber shall remain stationary throughout the hoisting or lowering operation, and the requirements of the building code for rigging, hoisting, or lowering operations shall apply. Such hoisting machine or winch shall be located and installed on the mast climber in accordance with the engineer’s approved plans for the mast climber.

   (11) Wind. Where sustained winds or wind gusts at the jobsite exceed 30 miles per hour, the use and operation of the mast climber shall cease. If the manufacturer of the mast climber recommends work to cease at a lower wind speed, such recommendation shall instead apply. Wind shutdown criteria from the manufacturer shall be maintained on the mast climber. Wind speed shall be determined based on data from the nearest United States weather bureau reporting station, or an anemometer located at the job site, freely exposed to the wind, and calibrated in accordance with ASTM D5096-02, 2007.

   (12) Wheels. Equipment users shall not use or operate a mast climber while the mast climber is resting on wheels. It is permissible to relocate a mast climber, while it is not being used or operated, on wheels.

   (13) Failsafe. No mast climber shall be used or operated that does not have a failsafe method of lowering the platform in the event of a power failure.

   (14) Signs. No sign, information, pictorial representation, business, or advertising message(s), other than the name of the manufacturer or equipment owner where normally provided on the mast climber, shall be posted or displayed on a mast climber.

   (15) End of shift. At the end of each shift, the mast climber shall be secured in accordance with the manufacturer’s recommendations, and lowered in accordance with the engineer’s approved plans.

  1. Mast climber equipment requirements. Mast climbers shall meet the requirements of ANSI/SIA A92.9-1993 and the following.

   (1) Good condition. Equipment owners shall only provide to the job site mast climbers, including all parts and components, that are in good condition and safe working order with no known hazardous conditions or maintenance problems that will compromise the safe operation of the mast climber.

   (2) Locking. Mast climbers shall be provided with a positive means for preventing the unauthorized operation of such mast climber.

   (3) Parts and components. All parts and components of a mast climber, including netting, wind protection, or overhead projection, shall be:

      (i) Authorized by the manufacturer, or accounted for in the design calculations of the manufacturer, or provided for in the manufacturer’s manual, or provided for in the certificate of approval; and

      (ii) Covered by the owner’s certification for the certificate of operation; and

      (iii) Accounted for in the certificate of on-site inspection.

   (4) Repairs, adjustments, and maintenance. All repairs, adjustments, or maintenance made to a mast climber, including any part or component, shall be made by a qualified person(s) in accordance with the specifications of the equipment manufacturer and the requirements of ANSI/SIA A92.9-1993, and shall provide at least the manufacturer’s original factor of safety and shall conform to the following.

      (i) Job site repairs. While at the job site, equipment users shall not perform repair(s). Equipment users shall immediately notify the equipment owner of any need for a repair. The mast climber shall not resume operation until a qualified person on behalf of the equipment owner has inspected the mast climber in accordance with the requirements of the manufacturer to verify the adequacy of the repair. A description of such repair, and the results of such inspection shall be recorded in the mast climber log in accordance with paragraph (1) of subdivision (n) of this section by the person who performed the inspection, with the log entry signed and dated by such person.

      (ii) Job site adjustments. While at the job site, equipment users shall not perform adjustments(s) unless so authorized, in writing, by the equipment owner. Where not so authorized by the equipment owner, the equipment user shall immediately notify the equipment owner of any need for an adjustment. The mast climber shall not resume operation until a qualified person on behalf of the equipment owner, or where the equipment user has been authorized to perform the adjustment, a qualified person on behalf of the equipment user, has inspected the mast climber in accordance with the requirements of the manufacturer to verify the adequacy of the adjustment, and the mast climber has passed such inspection. A description of such adjustment, and the results of such inspection shall be recorded in the mast climber log in accordance with paragraph (1) of subdivision (n) of this section by the person who performed the inspection, with the log entry signed and dated by such person.

      (iii) Job site maintenance. Mast climbers at the job site shall be maintained in accordance with the specifications of the manufacturer and Section 6.3 of ANSI/SIA A92.9-1993. Equipment users shall not perform maintenance work on mast climbers unless so authorized, in writing, by the equipment owner. Where not so authorized, the equipment user shall immediately notify the equipment owner of any need for maintenance. The equipment owner shall develop a maintenance checklist based on the specifications of the manufacturer and Section 6.3 of ANSI/SIA A92.9-1993. Such checklist shall be maintained at the job site, and shall be signed, dated, and completed by the person who performed the maintenance.

      (iv) Critical components. Where a critical component is repaired or adjusted, the certificate of operation for the mast climber shall be considered invalid. The mast climber shall not resume operation until the equipment owner discloses the work to the department and the certificate of operation is amended in accordance with paragraph (5) of subdivision (e) of this section.

  1. Inspection of mast climbers.

   (1) Inspection for a certificate of operation. Mast climbers shall be inspected in accordance with the requirements of subdivision (e) of this section.

   (2) Inspection(s) for a certificate of on-site inspection. Mast climbers shall be inspected in accordance with the requirements of subdivision (f) of this section.

   (3) Inspection(s) following repairs or adjustments. Following a repair or adjustment, the mast climber shall be inspected in accordance with paragraph (4) of subdivision (j) of this section.

   (4) Pre-shift inspection.

      (i) Inspection checklist. The equipment owner shall provide the equipment user a pre-shift inspection checklist for the mast climber. Such checklist shall be based on the manufacturer requirements for the inspection of the mast climber, as well as Section 7.4.3 of ANSI/SIA A92.9-1993, and shall also include a verification that the mast climber is located in accordance with approved plans. Such checklist shall be maintained at the job site, available for inspection by the department upon request.

      (ii) Inspection performance. Inspections required by the checklist shall be performed by, and the checklist signed, dated, and completed by the person supervising the use and operation of the mast climber in accordance with paragraph (5) of subdivision (i) of this section prior to the start of each shift. A change in equipment user during the course of the day shall be deemed to be a new shift and shall require a new pre-shift inspection prior to the use of the mast climber.

      (iii) Failing inspection. If the mast climber fails the inspection, it shall cease operation and shall not resume until it has been adjusted, repaired, or maintained and passed a follow up inspection. Such failure shall be detailed in the mast climber log required by paragraph (1) of subdivision (n) of this section, along with a description of any adjustment, maintenance, or repair made to the mast climber.

   (5) Three-month and annual inspection.

      (i) Three-month inspection. Where a mast climber remains at a job site for three months or longer, it shall be inspected by a qualified person authorized by the equipment owner. Such inspection shall be in accordance with Section 6.4 of ANSI/SIA A92.9-1993, and shall also verify that the mast climber remains installed in accordance with approved plans. Such inspection shall be performed between two and a half to three months following the issuance of the initial certificate of on-site inspection by the department for the mast climber at the job site, and every two and a half to three months thereafter.

      (ii) Annual inspection. Where a mast climber remains at a job site for one year or longer, the mast climber shall be inspected by a qualified person authorized by the equipment owner. Such inspection shall be in accordance with Sections 6.4 and 6.5 of ANSI/SIA A92.9-1993, and shall also verify that the mast climber remains installed in accordance with approved plans. Such inspection shall be performed between eleven months to one year following the issuance of the initial certificate of on-site inspection by the department for the mast climber at the job site, and every eleven months to one year thereafter.

      (iii) Inspection report. Upon passing such three-month or annual inspection, a report detailing the inspection results shall be signed, dated, and completed by the person who performed the inspection, and shall be maintained at the job site, and made available to the department upon request.

      (iv) Failing inspection. If the mast climber fails a three-month or annual inspection, it shall cease operation and shall not resume until it has been adjusted, repaired, or maintained and passed a subsequent inspection. Such failure shall be detailed in the inspection report and the mast climber log required by paragraph (1) of subdivision (n) of this section, along with a description of any adjustment, maintenance, or repairs made to the mast climber.

  1. Hazardous conditions. When a hazardous condition associated with a mast climber that could impact the public or adjoining property is identified, or where the mast climber fails an inspection required by subdivision (k) of this section, the use and operation of such mast climber shall cease. The mast climber shall not resume operation until the hazardous condition has been corrected and, where necessary, passed a subsequent inspection and/or has been repaired, adjusted, or maintained in accordance with paragraph (4) of subdivision (j) of this section.
  2. Training. Training shall be required for all individuals who install, remove, use, or operate a mast climber.

   (1) Installation or removal. Beginning July 1, 2012, individuals who install or remove a mast climber, including the person supervising such individuals, shall have completed manufacturer provided training for the installation and removal of the specific make and model of the mast climber.

   (2) Operation or use. Beginning July 1, 2012, individuals who operate or use a mast climber, including the person supervising such individuals, shall have completed a department-approved training course that is at least four (4) hours long, and a department-approved four (4) hour refresher course every (4) years thereafter that covers areas including, but not limited to, mast climber use and operation, hazards associated with such work, pre-use inspections, start up and shut down procedures, emergency descent procedures, fall protection, mast climber stability and balance, and storage of materials on a mast climber.

   (3) Examinations. Successful completion of a four (4) hour mast climber training or refresher course required by paragraph (2) of this subdivision (m) shall be dependent upon passing a written examination conducted by the training provider.

   (4) Training providers. Mast climber training and refresher courses required by paragraph (2) of this subdivision (m) shall be approved by the department and conducted by a provider approved by the department. A provider shall either be:

      (i) A registered New York State Department of Labor apprenticeship training program;

      (ii) An educational institution or school chartered, licensed or registered by the New York State Department of Education;

      (iii) The mast climber manufacturer;

      (iv) The mast climber owner; or

      (v) An entity otherwise acceptable to the department.

   (5) Instructors. Instructors of training courses required by paragraphs (1) or (2) of this subdivision (m) shall meet the definition of a qualified person with regard to the course material being taught.

   (6) Records. The training provider of training courses required by paragraphs (1) or (2) of this subdivision (m) shall maintain records of all who attended the course(s) for a period of not less than seven (7) years. Such records shall be made available to the department upon request.

   (7) Identification cards. Upon successful completion of a mast climber training or refresher course required by paragraphs (1) or (2) of this subdivision (m), the individual shall be issued a wallet size identification card acceptable to the department. Such card shall be kept on the person during the course of work and shall be presented to the department upon request. Such card shall contain the following information:

      (i) The name of the individual to whom it was issued;

      (ii) A photograph of the individual to whom it was issued;

      (iii) The name and address of the issuing organization;

      (iv) The date of issuance;

      (v) An indication of the type of training completed (installer, user, operator); and

      (vi) The signature of the course administrator.

  1. Documents. A copy of the operators manual, the manufacturer’s capacity charts for the mast climber, approved plans, the valid certificate of operation, valid temporary or full certificate of on-site inspection, inspection reports and checklists, the maintenance checklist, and the log required by paragraph (1) of this subdivision (n) shall be kept at the job site, available for inspection by the department upon request. All such documents shall be in English. In addition to the above, where the equipment owner authorizes the equipment user to provide the safety talk in accordance with paragraph (4) of subdivision (i) of this section, or perform adjustments or maintenance to the mast climber in accordance with paragraph (4) of subdivision (j) of this section, a copy of such written authorization shall be kept at the jobsite, available to inspection by the department upon request. Such authorization shall be in English and signed and dated by the equipment owner.

   (1) Log. A log for each mast climber shall be maintained at the job site and shall be made available to the department upon request. All log entries shall be legible and written in English. The equipment user is responsible for ensuring the log is signed, dated, and completed. The log shall be kept up to date and contain the following information:

      (i) The name and contact information of the person supervising installation or removal of the mast climber per paragraph (3) of subdivision (h) of this section;

      (ii) A record of the meeting held prior to installation or removal work in accordance with paragraph (5) of subdivision (h) of this section, including the date and time of the meeting; the names, titles and company affiliations of all present at the meeting; a summary of what was discussed, including specific tasks and the name of the person to whom they were assigned; a list of the decisions made at the meeting; and a certification that all workers have completed the required training per paragraph (1) of subdivision (m) of this section;

      (iii) The logging in, prior to each shift, of the person supervising the use and operation of the mast climber in accordance with paragraph (5) of subdivision (i) of this section, including the date and time, the name and signature of the person, and the business name, address, and phone number of the equipment user. Where this information changes during the day, the new person supervising the use and operation of the mast climber shall sign in;

      (iv) The date, time, and names of the individuals who received a safety talk in accordance with paragraph (4) of subdivision (i) of this section, along with the name and signature of the person who conducted the safety talk;

      (v) A record of any accidents involving the mast climber at the job site;

      (vi) Record of repairs and adjustments made to the mast climber in accordance with paragraph (4) of subdivision (j) of this section; and

      (vii) A record of any hazardous conditions discovered with the mast climber at the job site.

   (2) The log shall be turned over by the equipment user to the equipment owner at the end of the job.

  1. Accident and incident reporting. When a mast climber operating in New York City and requiring a certificate of operation is involved in an accident or incident, the department shall be immediately notified, and use and operation of the mast climber shall cease. Following an accident or incident, no person shall permit any of the following without the permission of the department or under the lawful order of the New York City Police or Fire Department:

   (1) Use or operation of such mast climber;

   (2) Removal of the mast climber or any part thereof from the area of the job site; or

   (3) Removal of any debris, objects or evidence involved in the accident or incident.

  1. Open applications. Applications shall be deemed abandoned, and the fee forfeited, one (1) year after the date of their filing pursuant to the provisions of Section 28-105.7 of the Administrative Code.
  2. Waiver. Where the equipment owner or equipment user can demonstrate practical hardship in complying with a requirement of this section, but can provide alternative means of compliance that do not compromise the safety of the public or property, the department may grant a waiver from such requirement of this section, provided the alternative means are complied with.

§ 3314-02 Suspended Scaffold Training Requirements.

On and after December 31, 2014, all individuals who install, adjust, repair, maintain, use, inspect, or remove a suspended scaffold, or who supervise such work must have completed the training specified in Section BC 3314.4.5 of the New York City Building Code.

§ 3316-01 Rigging operations and rigging equipment

(a) Applicability. This section applies to rigging operations performed in connection with the hoisting or lowering of articles on the outside of a building and all rigging equipment utilized in connection with such operations.
  1. Definitions. For the purposes of this section, terms defined in Chapter 33 of the New York City Building Code and 1 RCNY § 3319-01 have the same meaning here.
  2. Manufacturer specifications, design, and capacity restrictions. Rigging operations must be performed, and rigging equipment utilized, in accordance with specifications and rated capacities established by the manufacturer of the rigging equipment and the manufacturer of the object to be hoisted or lowered. In addition, where plans or design documents are provided, the rigging operations must be performed in accordance with such plans or design documents.

   Exceptions: Deviations from the manufacturer specifications and rated capacities are allowed provided they are in accordance with design drawings prepared by a registered design professional who has demonstrated knowledge and experience with rigging. Such design drawings must clearly indicate the deviations from the manufacturer specifications and rated capacities.

  1. Precautions. The following precautions must be observed during rigging operations.

   (1) Tag lines. A tag or restraint line must be used where a load could be subject to rotation that would pose a hazard.

   (2) Releasing the load. The rigging supervisor required by Section 3316.9.1 of the New York City building code is required to ensure that no load is released from the hoisting line or otherwise deposited until either:

      (i) The load is securely attached in place to the building or structure; or

      (ii) The load has been placed on a surface or structure capable of supporting the load.

   (3) Shock loading. Precautions must be taken to avoid shock loading.

   (4) Makeshift links or fasteners. Makeshift links or fasteners formed from bolts or rods, or other such attachments are prohibited.

   (5) Job built equipment. Job built rigging equipment must be designed by a registered design professional who has demonstrated knowledge and experience with rigging. Signed and sealed drawings for the job built rigging equipment must be kept at the site at all times.

  1. Slings. Slings must be utilized in accordance with the requirements of this subdivision and ASME B30.9. Where differences occur between the provisions of this section and referenced standards, the provisions of this section apply.

   (1) Repairs, alterations, and modifications. Slings may only be repaired, altered, or modified by the manufacturer of the sling, or an entity authorized by the manufacturer.

      Exception: Missing or illegible identification tags may be replaced by a qualified person in accordance with the requirements of the manufacturer of the sling.

   (2) Inspections. The frequent inspection required by ASME B30.9 must be performed prior to each shift by the individual responsible for supervising the rigging operation in accordance with Section 3316.9 of the New York City Building Code. Where synthetic slings are utilized, the softening mechanisms must also be inspected as part of the frequent inspection. The periodic inspection and other inspections required by ASME B30.9 must be performed by a competent person designated by the owner of the sling at the intervals prescribed by ASME B30.9.

      (i) Additional inspection for synthetic slings. Synthetic materials can be degraded by exposure to sunlight or ultraviolet light. Manufacturer recommendations for the inspection of synthetic slings to determine the damage from sunlight or ultraviolet light must be followed.

   (3) Records. Where ASME B30.9 requires a record or documentation of an inspection or test, such record or documentation must be signed and dated by the individual who performed the inspection or test, and must be maintained by the owner of the sling.

   (4) Identification. Tags or similar identification on the sling must be legible.

   (5) Discarded rope. Discarded rope cannot be used for slings.

   (6) Weakest component. Hooks, rings, oblong links, pear shaped links, welded or mechanical coupling links, or other attachments must have a rated capacity at least equal to that of the sling with which they are used.

   (7) Protection of synthetic slings from edges, corners, or protrusions. Synthetic slings cannot be used unless softening mechanisms have been applied to all edges, corners, or protrusions.

   (8) Use of synthetic slings in conjunction with climber or tower crane erection, jumping, climbing, and dismantling. Synthetic slings can only be used in conjunction with climber or tower crane erection, jumping, climbing, and dismantling if the manufacturer’s manual specifically states or recommends the use of synthetic slings.

  1. Below-the-hook lifting devices. Below-the-hook lifting devices must be utilized in accordance with the requirements of this subdivision and ASME B30.20. Where differences occur between the provisions of this section and referenced standards, the provisions of this section apply.

   (1) Repairs, alterations, and modifications. Below-the-hook lifting devices may only be repaired, altered, or modified by the manufacturer of the device, or an entity authorized by the manufacturer.

      Exception: Missing or illegible identification tags may be replaced by a qualified person in accordance with the requirements of the manufacturer of the below-the-hook lifting device.

   (2) Inspections. The frequent inspection required by ASME B30.20 must be performed prior to each shift by the individual responsible for supervising the rigging operation in accordance with Section 3316.9 of the New York City Building Code. The periodic inspection and other inspections required by ASME B30.20 must be performed by a competent person designated by the owner of the below-the-hook lifting device at the intervals prescribed by ASME B30.20.

   (3) Records. Where ASME B30.20 requires a record or documentation of an inspection or test, such record or documentation must be signed and dated by the individual who performed the inspection or test, and must be maintained by the owner of the below-the-hook lifting devices.

   (4) Identification. Tags or similar identification on the below-the-hook lifting device must be legible.

  1. Rigging hardware. Rigging hardware described in ASME B30.26 must be utilized in accordance with the requirements of this subdivision and ASME B30.26. Where differences occur between the provisions of this section and referenced standards, the provisions of this section apply.

   (1) Repairs, alterations, and modifications. Rigging hardware may only be repaired, altered, or modified by the manufacturer of the rigging hardware, or an entity authorized by the manufacturer.

      Exceptions:

         1. Missing or illegible identification tags may be replaced by a qualified person in accordance with the requirements of the manufacturer of the rigging hardware.

         2. Safety latches may be replaced by a qualified person in accordance with the requirements of the manufacturer of the rigging hardware.

   (2) Inspections. The frequent inspection required by ASME B30.26 must be performed prior to each shift by the individual responsible for supervising the rigging operation in accordance with Section 3316.9 of the New York City Building Code. The periodic inspection and other inspections required by ASME B30.26 must be performed by a competent person designated by the owner of the rigging hardware at the intervals prescribed by ASME B30.26.

   (3) Records. Where ASME B30.26 requires a record or documentation of an inspection, calibration, or test, such record or documentation must be signed and dated by the individual who performed the inspection, calibration, or test, and must be maintained by the owner of the rigging hardware.

   (4) Identification. Tags or similar identification on the rigging hardware must be legible.

  1. Hooks. Hooks must be utilized in accordance with the requirements of this subdivision and ASME B30.10. Where differences occur between the provisions of this section and referenced standards, the provisions of this section apply.

   (1) Repairs, alterations, and modifications. Hooks may only be repaired, altered, or modified by the manufacturer of the hook, or an entity authorized by the manufacturer. Repairs, alterations, or modifications by welding or reshaping are not acceptable unless prior written approval of the department is obtained.

      Exception: Safety latches may be replaced by a qualified person in accordance with the requirements of the manufacturer of the hook.

   (2) Inspections. The frequent inspection required by ASME B30.10 must be performed prior to each shift by the individual responsible for supervising the rigging operation in accordance with Section 3316.9 of the New York City Building Code. The periodic inspection and other inspections required by ASME B30.10 must be performed by a competent person designated by the owner of the hook at the intervals prescribed by ASME B30.10.

   (3) Records. Where ASME B30.10 requires a record or documentation of an inspection or test, such record or documentation must be signed and dated by the individual who performed the inspection or test, and must be maintained by the owner of the hook.

   (4) Identification. Tags or similar identification on the hook must be legible.

   (5) Latches and self-locking mechanisms. Hooks without a latch or self-locking mechanism are prohibited.

  1. Documents made available upon request. Where this section or a referenced standard requires inspection records, design drawings, or other documentation to be maintained, such record, design drawing, or documentation must be made available to the commissioner upon request.
  1. Referenced standards. The standards referenced in this section are considered part of the requirements of this section to the prescribed extent of each such reference. Where differences occur between provisions of this section and referenced standards, the provisions of this section apply.
Standard Name Year
American Society of Mechanical Engineers (ASME)    
ASME B30.9 Slings 2014
ASME B30.10 Hooks 2014
ASME B30.20 Below-the-hook lifting devices 2013
ASME B30.26 Rigging hardware 2015

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§ 3319-01 Cranes and Derricks.

(a) Applicability. The design, construction, permitting, installation, removal, adjustment, repair, inspection, maintenance, operation and use of cranes and derricks must conform to the requirements of Section 3319 of the New York City Building Code and this section. This includes, but is not limited to, cranes and derricks used for hoisting and/or rigging purposes; or used for construction, alteration, demolition, excavation and maintenance purposes, including for buildings, highways or sewers; or used for the installation of piles; or used for the hoisting or lowering of any article on the outside of any building or structure. This also includes any equipment that meets the definition of a crane or derrick, including, but not limited to. dedicated pile drivers and manufactured or custom designed hoisting machines.

   Exception: Cranes and derricks listed in the exceptions set forth in Section 3319.3 of the New York City Building Code.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   ACCEPTANCE OR ACCEPTED (Construction documents). See Section 28-101.5 of the Administrative Code.

   ACCESSORY. A secondary part or assembly of parts which contributes to the overall function and usefulness of a machine.

   ANGLE INDICATOR (boom). An accessory which measures the angle of the boom to the horizontal.

   APPOINTED. Assigned specific responsibilities by the employer or by the employer’s representative.

   APPROVAL OR APPROVED (Construction documents). See Section 28-101.5 of the Administrative Code.

   ARCHITECT. A person licensed and registered to practice the profession of architecture under the education law of the state of New York.

   ASSEMBLY/DISASSEMBLY (ASSEMBLED OR DISASSEMBLED). The installation or removal of structural components or attachments to a crane or derrick, or the installation or removal of elements that connect or attach a crane or derrick to a building or structure. The term assembly/disassembly includes the erection, climbing, jumping, or dismantling of a tower crane. The term assembly/disassembly does not include operations exclusive to the installation or removal counterweights, or to the unfolding and pinning of a boom or swing-away jib. The term assembly/disassembly also does not include the setup or breakdown of a self-erecting tower crane provided the setup of the self-erecting tower crane does not require a boom, mast, or jib section, or other attachment, to be installed at the site.

   ATTACHMENTS. Elements that can be readily added to or removed from a crane or derrick and which expand the range or function of the crane or derrick. Examples include, but are not limited to: an auger, boom extension, clamshell, drill, jib, jib extension, or pile-driver.

   AXIS OF ROTATION. The vertical axis around which the crane superstructure rotates.

   AXLE. The shaft or spindle with which or about which a wheel rotates. On truck and wheel mounted cranes it refers to an automotive type of axle assembly including housing, searing, differential, bearings and mounting appurtenances.

   AXLE (bogie). Two or more automotive type axles mounted in tandem in a frame so as to divide the load between the axles and permit vertical oscillation of the wheels.

   BASE (mounting). The base or carrier on which the rotating superstructure is mounted such as a truck, crawler or platform.

   BOOM. A section or strut, of which the heel (lower end) is affixed to a base, carriage or support, and whose upper end supports a cable and sheaves where the load is lifted by means of wire rope and a hook.

   BOOM ANGLE. The angle between the longitudinal centerline of the boom and the horizontal. The boom longitudinal centerline is a straight line between the boom foot pin (heel pin) centerline, and boom point sheave pin centerline.

   BOOM HARNESS. The block and sheave arrangement on the boom point to which the topping lift cable is reeved for lowering and raising the boom.

   BOOM HOIST. A hoist drum and rope reeving system used to raise and lower the boom.

   BOOM POINT. The outward end of the top section of the boom, containing the hoist sheave assembly.

   BOOM STOP. A device used to limit the angle of the boom at the highest position.

   BRAKE. A device used for retarding or stopping motion by friction or power means.

   CAB. A housing which covers the rotating superstructure machinery and/or operators station.

   CABLEWAY. A power operated system for moving loads in a generally horizontal direction in which the loads are conveyed on an overhead cable, track or carriage.

   CERTIFICATE OF APPROVAL. A certificate issued by the department upon review and approval of the engineering and testing of a specific make and model of hoisting equipment to ensure compliance with the applicable provisions of this code and its referenced standards.

   CERTIFICATE OF OPERATION. A certificate issued by the department annually upon satisfactory inspection of the hoisting equipment holding a certificate of approval to ensure that the equipment continues to be in compliance with this code and its referenced standards.

   CERTIFICATE OF ON-SITE INSPECTION. A certificate issued by the department based on a site-specific approval of the placement, founding and operation of hoisting equipment.

   CLAMSHELL. A shovel bucket with two jaws that clamp together by their own weight when it is lifted by a closing line.

   CLIMBING/JUMPING. The raising or lowering of a tower or climber crane to different floors or levels of a building or structure.

   CLUTCH. A friction, electromagnetic, hydraulic, pneumatic or positive mechanical device for engagement of power.

   COMPETENT PERSON. One who is capable of identifying existing predictable hazards in the surroundings or conditions that are unsanitary, hazardous or dangerous, and who has authorization to take prompt corrective measures to eliminate such hazards.

   COMPONENT. A structural part or mechanical system that is integral to the crane or derrick, or an element that supports an integral structural part or mechanical system. Examples include, but are not limited to: a-frame, attachments, boom, boom tip, braking system, climbing frame or section, climbing mechanism, collar, counter jibs, counterweight, counterweight support system, engine, heel boom, hoist drum, hoist motor, machine deck or platform, mast, operator’s cabin, pendant bars (excluding wire rope pendants), suspension system, tower base/base frame, tower top, and turntable. For a derrick, a component also includes base plates, junctions, poles and other uprights, seats, and stiff legs.

   COUNTERWEIGHT. Weight used to supplement the weight of the machine in providing stability for lifting working loads.

   CRANE. A power-operated machine for lifting or lowering a load and moving it horizontally which utilizes wire rope and in which the hoisting mechanism is an integral part of the machine. The definition of a crane shall also include articulating boom crane, regardless of whether it has a hoisting mechanism integral to the machine.

   ARTICULATING BOOM CRANE. A power-operated machine for lifting or lowering a load and moving it horizontally that utilizes a boom consisting of a series of folding pin connected structural members, typically manipulated to extend or retract by power from hydraulic cylinders, with or without a hoisting mechanism integral to the machine.

      MOBILE CRANE. A commercial truck mounted crane, crawler crane, wheel mounted crane (multiple control stations’), or wheel mounted crane (single control station).

         COMMERCIAL TRUCK MOUNTED CRANE (BOOM TRUCK). A crane consisting of a rotating superstructure (center post or turntable), boom, operating machinery, and one or more operator’s stations mounted on a frame attached to a commercial truck chassis, usually retaining a payload hauling capability whose power source usually powers the crane. Its function is to lift, lower, and swing loads at various radii.

         CRAWLER CRANE. A crane consisting of a rotating superstructure with a power plant, operating machinery, and boom, mounted on a base and equipped with crawler treads for travel. Its function is to lift, lower, and swing loads at various radii.

         WHEEL MOUNTED CRANE (MULTIPLE CONTROL STATIONS). A crane consisting of a rotating superstructure, operating machinery, and operator’s station and boom, mounted on a crane carrier equipped with axles and rubber-tired wheels for travel, a power source(s), and having separate stations for driving and operating. Its function is to lift, lower, and swing loads at various radii.

         WHEEL MOUNTED CRANE (SINGLE CONTROL STATION). A crane consisting of a rotating superstructure, operating machinery, and boom, mounted on a crane carrier equipped with axles and rubber-tired wheels for travel, a power source, and having a single control station for driving and operating. Its function is to lift, lower, and swing loads at various radii.

      SERVICE CRANE. A mobile crane utilized exclusively to perform one or more of the following auxiliary tasks at a site: (1) repairing or maintaining construction machinery, (2) delivering material within the confines of the site, (3) moving material within the site to a central location so that it may be lifted to the required areas of construction, or (4) moving within the site matting, dunnage, or equivalent from one location to another. A service crane does not include a crane used to make a delivery to the site by hoisting it into the site from a point external to the site, or a crane used to hoist or lower articles to or from a building or structure during the course of construction or demolition.

      TOWER CRANE. A power-operated hoisting machine that utilizes a vertical tower with a rotating superstructure and includes a load boom (jib) in order to lift or lower a load and move it horizontally.

         CLIMBER CRANE. A tower crane that can be raised to a new working height, either by adding tower sections to the top of the crane (top climbing) or by a system in which the entire crane is raised inside the structure (inside climbing).

         SELF-ERECTING TOWER CRANE. A tower crane that adjusts its operating radius by means of a trolley traversing a jib and that; (i) possesses a vertical or nearly vertical tower or mast that is bottom slewing and mounted on fixed, traveling, or mobile bases; and (ii) is capable of folding and unfolding to facilitate transit from site to site with minimal assembly. A self-erecting tower crane is not considered to be a mobile crane, even if the self-erecting tower crane otherwise meets the definition of a mobile crane.

   CRANE OR DERRICK NOTICE ENGINEER. The engineer, licensed and registered to practice the profession of engineering under the education law of the state of New York, who filed the crane or derrick notice application.

   DEDICATED PILE DRIVER. A power-operated machine that is designed primarily to drive, hammer, press, or vibrate piles into the earth (“pile drive”) and which typically possess the ability to both hoist the material that will be pile driven and to pile drive that material.

   DELIVERY. The dropping off or retrieval of materials or equipment to or from a site. Delivery does not include the performance of any construction or demolition work, including but not limited to holding steel, HVAC equipment, hoist towers, scaffolding, sidewalk shed components, or any other loads in place while they are bolted or otherwise affixed, or to the securing or lowering materials during the course of demolition work.

   DERRICK. An apparatus consisting of a mast or equivalent member held at the top by guys or braces, with or without a boom, for use with a hoisting mechanism and operating ropes, for lifting or lowering a load and moving it horizontally. The definition of a derrick includes but is not limited to: A-frame derrick, basket derrick, breast derrick, Chicago boom derrick, gin pole derrick, guy derrick, shearleg derrick, and stiffleg derrick.

      A-FRAME DERRICK. A derrick in which the boom is hinged from a cross member between the bottom ends of two upright members spread apart at the lower ends and joined at the top; the boom point secured to this junction of the side members, and the side members are braced or guyed from the junction point.

      BASKET DERRICK. A derrick without a boom, similar to a gin pole with its base supported by ropes attached to corner posts or other parts of the structure. The base is at a lower elevation than its supports. The location of the base of a basket derrick can be changed by varying the length of the rope supports. The top of the pole is secured with multiple reeved guys to position the top of the pole to the desired location by varying the length of the upper guy lines. The load is raised and lowered by ropes through a sheave or block secured to the top of the pole.

      BREAST DERRICK. A derrick without a boom. The mast consists of two side members spread farther apart at the base than at the top and tied together at top and bottom by rigid members. The mast is prevented from tipping forward by guys connected to its top. The load is raised and lowered by ropes through a sheave or block secured to the top crosspiece.

      CHICAGO BOOM DERRICK. A derrick with a boom which is attached to a structure, an outside upright member of the structure serving as the mast, and the boom being stepped in a fixed socket clamped to the upright. The derrick is complete with toad, boom and boom point swing line falls.

      GIN POLE DERRICK. A derrick that consists of a boom without a mast and which has guys arranged from its top to permit leaning the mast in one or more directions. The load is lifted and lowered by ropes reeved through sheaves or blocks at the top of the mast and the lower block.

      GUY DERRICK. A fixed derrick consisting of a mast capable of being rotated, supported in a vertical position by guys, and a boom whose bottom end is hinged or pivoted to move in a vertical plane with a reeved rope between the head of the mast and the boom point for raising and lowering the boom, and a reeved rope from the boom point for raising and lowering the load.

      SHEARLEG DERRICK. A derrick without a boom. The mast, wide at the bottom and narrow at the top, is hinged at the bottom and has its top secured by a multiple reeved guy to permit handling loads at various radii by means of load tackle suspended from the mast top.

      STIFFLEG DERRICK. A derrick similar to a guy derrick except that the mast is supported or held in place by two or more stiff members, called stifflegs, which are capable of resisting either tensile or compressive forces. Sills are generally provided to connect the lower ends of the stifflegs to the foot of the mast.

   DIRECT AND CONTINUING SUPERVISION. See Section 28-401.3 of the Administrative Code.

   DISMANTLING. The final process of taking apart, piece by piece, in a specific sequence, the components of a crane. Dismantling shall include climbing and jumping.

   DRUM. The cylindrical member around which a rope is wound for raising and lowering the load or boom.

   DYNAMIC (loading). Loads introduced into the machine or its components by forces in motion.

   ENGINEER. A person licensed and registered to practice the profession of engineering under the education law of the state of New York; except that the certifications for matters relating to the manufacturer’s design and applications for prototyping a crane or derrick may be made by an engineer who is (1) employed full time by the crane or derrick manufacturer and (2) who is licensed to practice the profession of engineering under the law of any state or foreign jurisdiction, or who submits proof, acceptable to the commissioner, of his or her professional qualifications.

   ERECTION. The assembly and placement of crane sections and components into place, including all operations incidental thereto. Erection shall include climbing and jumping.

   EXTENSION. See “Attachment.”

   GANTRY(A-Frame). A structural frame, extending above the superstructure of a crane, to which the boom support ropes are reeved.

   GUDGEON PIN. A pin connecting the mast cap to the mast, allowing rotation of the mast.

   GUY. A rope used to steady or secure the mast or other members in the desired position.

   HOISTING EQUIPMENT. Equipment used to raise and lower personnel and/or material with intermittent motion. Hoisting equipment does not include scaffolds, mast climbers, and elevators.

   HOISTING MACHINE. A power operated machine used for lifting or lowering a load, utilizing a drum and wire rope, excluding elevators. This shall include but not be limited to a crane, derrick, and cableway and hydraulic lifting system, and articulating booms.

   HOISTING MECHANISM. A hoist drum and rope reeving system used for lifting and lowering loads.

   JIB. An extension attached to the boom point to provide added boom length for lifting specified loads. The jib may be in line with the boom or offset to various angles in the vertical plane of the boom.

   JUMP (jumping). The process of adding or removing mast or tower sections to equipment that has already been erected.

   LAY. That distance measured along a wire rope in which one strand makes one complete helical convolution about the core or center.

   LOAD (working). The external load, in pounds (kilograms), applied to the crane or derrick, including the weight of auxiliary load attaching equipment such as load blocks, shackles, and slings.

   LOAD BLOCK (upper). The assembly of hook or shackle, swivel, sheaves, pins, and frame suspended from the boom point.

   LOAD BLOCK (lower). The assembly of hook or shackle, swivel, sheaves, pins and frame suspended by the hoisting ropes.

   LOAD HOIST. A hoist drum and rope reeving system used for hoisting and lowering loads.

   LOAD INDICATOR. A device that measures the weight of the load.

   LOAD MOMENT INDICATOR. A system that aids the operator by sensing (directly or indirectly) the overturning moment of the crane or derrick. It compares this lifting condition to the equipment’s rated capacity, and indicates to the operator the percentage of capacity at which the equipment is working.

   LOAD MOMENT LIMITER. A system which aids the operator by sensing (directly or indirectly) the overturning moment of the crane or derrick. It compares this lifting condition to the equipment’s rated capacity, and when the rated capacity is reached, it shuts off power to those equipment functions which can increase the severity of loading on the equipment.

   LOAD RATINGS. Crane and derrick ratings in pounds (kilograms) established by the manufacturer in accordance with standards set forth in rules promulgated by the commissioner.

   LOAD RATING CHART. A full and complete range of manufacturer’s crane load ratings at all stated operating radii, boom angles, work areas, boom lengths and configurations, jib lengths and angles (or offset), as well as alternative ratings for use and nonuse of optional equipment on the crane, such as outriggers and extra counterweights, that affect ratings.

   MANUFACTURER. A person, firm, or corporation that (i) builds or assembles, or has built or assembled, a crane or derrick, (ii) may lawfully sell and/or distribute such crane or derrick under its own name or trademark, and (iii) provides, either by itself or through authorized representatives, replacement parts, service support, technical support, safety bulletins, and recall notices for such crane or derrick.

   MAST (derrick). The upright member of a derrick.

   MAST (boom). A frame hinged at or near the boom hinge for use in connection with supporting a boom. The head of the mast is usually supported and raised or lowered by the boom hoist ropes.

   MAST (jib). A frame hinged at or near the boom point for use in connection with supporting a jib.

   MAST (tower). See “Tower.”

   OPERATION (OPERATED). Any work or activity performed by a crane or derrick, including but not limited to the lifting, lowering, or swinging of loads.

   OUTRIGGERS (crane). Extendable or fixed members attached to the mounting base that rest on supports at the outer ends used to support the crane.

   PILE DRIVER. A dedicated pile driver; or a crane or derrick equipped with an attachment or otherwise outfitted to drive, hammer, press, or vibrate piles into the earth (“pile drive”). However, the definition of a pile driver does not include excavating or earth-moving equipment fitted with a pile driving attachment.

   QUALIFIED PERSON. A person who by possession of a recognized degree, certificate or professional standing, or who by knowledge, training and experience, has successfully demonstrated his or her ability to solve or resolve problems related to the subject matter, the work, or the project.

   REEVING. A rope system in which the rope travels around drums and sheaves.

   REGISTERED DESIGN PROFESSIONAL. An architect or engineer.

   RIGGING FOREMAN. See 1 RCNY § 104-20.

   ROPE. A continuous line of material comprised of a number of twisted or braided strands of fiber (natural or synthetic) or metal wire.

   SIDE LOADING. A load applied at an angle to the vertical plane of the boom.

   SILL. A member connecting the foot block and stiffleg or a member connecting the lower ends of a double member mast.

   STANDING (GUY) ROPE. A supporting rope which maintains a constant distance between the points of attachment to the two components connected by the rope.

   SUPERSTRUCTURE. The rotating upper frame structure of the machine and the operating machinery mounted thereon.

   SWING. Rotation of the superstructure for movement of loads in a horizontal direction about the axis of rotation.

   SWING MECHANISM. The machinery involved in providing rotation of the superstructure.

   TACKLE. An assembly of ropes and sheaves arranged for hoisting and pulling.

   TELESCOPIC BOOM. A boom constructed of sections of diminishing cross sections in which the sections fit within each other. The boom may be extended in a manner similar to a telescope.

   TOWER. A vertical structural frame consisting of columns and bracing that are capable of supporting working and dynamic loads and transmitting them to the support(s).

   TRANSIT. The moving or transporting of a crane from one job site to another.

   TRAVEL. The function of the machine moving from one location to another on a job site.

   TRAVEL MECHANISM. The machinery involved in providing travel power.

   TWO-BLOCKING. A condition in which the lower load block or hook assembly comes into contact with the upper load block or boom point sheave assembly.

   WHEEL BASE. Distance between centers of front and rear axles. For a multiple axle assembly the axle center wheel base measurement is taken as the midpoint of the assembly.

   WHIPLINE. A separate hoist rope system of lighter load capacity and higher speed than provided by the main hoist.

   WINCH HEAD. A power driven spool for handling of loads by means of friction between fiber or wire rope and spool.

  1. Permit and notification requirements for cranes and derricks.

   (1) Certificates of approval, operation, and on-site inspection. Cranes and derricks must possess a certificate of approval, certificate of operation, and certificate of on-site inspection when required by Section 3319 of the Building Code.

   Exceptions:

      1. A certificate of on-site inspection is not required for:

         1.1   A pile driver that:

            1.1.1    Is set up and operated entirely within a site that is closed to the public; and

            1.1.2   Does not impart a load on the ground in excess of 500 psf (23.94 kPa), including the load of the platform, matting, or dunnage utilized to support the equipment.

         1.2   A clamshell that:

            1.2.1   Is set up and operated entirely within a site that is closed to the public;

            1.2.2   Is set up and operated at locations within the site that are set back from the edge of the excavation by a distance that is equal to or greater than the depth of the excavation; and

            1.2.3   Does not impart a load on the ground in excess of 500 psf (23.94 kPa), including the load of the platform, matting, or dunnage utilized to support the equipment.

         1.3   A mobile crane that has a boom length of 135 feet (41.15 m) or less, and is utilized at the site exclusively to:

            1.3.1   Install, adjust, maintain, repair, or remove a sidewalk shed; or

            1.3.2   Install or dismantle the initial level of a single or dual cab hoist, provided:

               1.3.2.1   Such installation or dismantling is limited to the hoist cars, counterweights, and initial mast sections needed for the car;

               1.3.2.2   Car or motor components to be hoisted are equipped with lifting lugs; and

               1.3.2.3   No object is hoisted more than 20 feet (6.1 m) above the bed of the delivery truck during such installation or dismantling operation.

      2. A certificate of on-site inspection is not required for a mobile crane that is utilized under the direct and continuing supervision of a licensed master rigger, provided:

         2.1   Onsite supervision is provided by the licensee or a master rigging foreman, except that for a critical pick the licensee must provide the onsite supervision;

         2.2   A drawing indicating pertinent site features, obstacles, and restrictions, the location and configuration of the crane at the site, required matting or dunnage, and pedestrian and traffic control to be provided as per the requirements of the Department of Transportation, is prepared by or on behalf of the licensed master rigger and kept at the site, available to the commissioner upon request;

         2.3   The licensed master rigger is responsible for ensuring compliance with the drawing; and

         2.4   Such mobile crane:

            2.4.1   Does not exceed 250 feet (76.2 m) in boom length, including jibs and any other attachments;

            2.4.2   Is utilized for work that is not related to the construction of a new building, the full demolition of an existing building, or the vertical or horizontal enlargement of an existing building, including but not limited to the installation or removal of boilers or tanks at a new building, full demolition, or vertical or horizontal enlargement site;

            2.4.3    In all conditions of loading, is provided with adequate footing so as to not exceed the bearing capacity of the ground or subsurface elements;

            2.4.4   Does not impose a bearing pressure, including dunnage, exceeding 3,500 psf (167.85 kPa);

            2.4.5   Is not set up on a vault or similar subsurface structure;

            2.4.6   Is not set up on a steel platform, excluding mats or dunnage at the street or ground level; and

            2.4.7    Is not set up and operated in a location that requires approval of the New York City Transit Authority.

      3. Provided an engineer, licensed and registered to practice the profession of engineering under the education law of the state of New York, files an on-site waiver with the department on behalf of the equipment user, supported by plans and calculations upon request, certifying compliance with the items specified below, a certificate of on-site inspection is not required for:

         3.1   A mobile crane that:

            3.1.1   Is located at the site for no more than 48 hours;

            3.1.2   Does not exceed 160 feet (48.76 m) in boom length, including jibs and any other attachments;

            3.1.3   Is set up and operated entirely within a safety zone where the distance from the crane to the boundary of the safety zone is equal to or greater than the length of the boom, jib, and any other attachments, and all areas and structures within the safety zone are closed to the public; and

            3.1.4   In all conditions of loading, is provided with adequate footing so as to not exceed the bearing capacity of the ground or subsurface elements.

         3.2   A service crane that:

            3.2.1   Is set up and operated entirely within a site that is closed to the public;

            3.2.2   Does not exceed 110 feet (33.53 m) in boom length, including jibs and any other attachments; and

            3.2.3   In all conditions of loading, is provided with adequate footing so as to not exceed the bearing capacity of the ground or subsurface elements.

         3.3   A pile driver or clamshell that:

            3.3.1    Is set up and operated entirely within a site that is closed to the public;

            3.3.2   Imparts a load on the ground in excess of 500 psf (23.94 kPa) but not exceeding 2,500 psf (119.7 kPa), including the load of the platform, matting, or dunnage utilized to support the equipment;

            3.3.3   In all conditions of loading, is provided with adequate footing so as to not exceed the bearing capacity of the ground or subsurface elements; and

            3.3.4   Is set up on ground that is able to support the load, as demonstrated to the satisfaction of the department on the basis of borings filed by the engineer.

   (2) Temporary construction equipment permit. A temporary construction equipment permit, such as an Alt II permit or a CD-5 permit, is required for:

      (i) A mobile crane that meets exception numbers 3 or 4 of Section 3319.3 of the New York City Building code, but does not meet any other exception of Section 3319.3 of the New York City Building code, and is used in conjunction with the construction, alteration, or demolition of a building.

      (ii) Cranes and derricks with a manufacturer’s rated capacity of 1 ton (907 kg) or less and used in conjunction with the installation, alteration, maintenance, repair, or removal of a building, building systems, or equipment located on a building.

   (3) Noncompliance. Where a crane or derrick requiring one or more of the certificates or permits is found not to be in compliance with one or more of the required certificates or permits, the use of such crane or derrick must cease. The crane or derrick must not be used until it has been brought into conformance with the certificates or permits, or amended certificates or permits have been issued by the department to reflect the state of the crane or derrick.

   (4) Construction documents. Plans, calculations, inspection reports, and other documents filed in conjunction with a certificate of approval, certificate of operation, certificate of on-site inspection, on-site waiver, or temporary construction equipment permit are considered to be construction documents subject to the provisions of Article 104 of Title 28 of the Administrative Code. Expect as otherwise specified, the terms “approval” or “approved” in conjunction with such plans, calculations, inspection reports, and other documents will also mean “acceptance” or “accepted.”

   (5) Notification.

      (i) Notification prior to certain activities. For a crane or derrick that requires a certificate of on-site inspection or an on-site waiver, or that is used under the direct and continuing supervision of a licensed master rigger, the equipment user must notify the department at least one day, but no more than two days, before an activity listed below:

         (A) The arrival of the crane or derrick at the site;

         (B) Any assembly/disassembly operation; except that for the erection, climbing, jumping, or dismantling of tower crane, the notification requirements of Section 3319.8.4 of the Building Code instead apply; or

         (C) The pouring of a concrete foundation for a tower crane.

      (ii) Cancellation and rescheduling of notification. If a scheduled activity pursuant to subparagraph (i) of this paragraph above is canceled after a notification is made to the department, the equipment user must notify the department no later than the date for which the activity was scheduled. The equipment user must notify the department of the new intended commencement date at least one day but no more than two days before such activity.

      (iii) Notification of departure of equipment. For a crane or derrick that requires a certificate of on-site inspection or an on-site waiver, or that is used under the direct and continuing supervision of a licensed master rigger, the equipment user must notify the department of the departure of the crane or derrick from the site no more than two days following such departure.

      Exception: Where the crane or derrick is anticipated to be at the site for 48 hours or less, notification of departure of the equipment pursuant to this subparagraph is not required provided the anticipated short duration of the crane or derrick at the site is indicated at the time of notification pursuant to subparagraph (i) of this paragraph. However, if the job extends for more than 48 hours, the department must be immediately notified of such extension, and notification of the departure of the equipment pursuant to this subparagraph is required.

  1. Certificate of approval. Certificates of approval must comply with the requirements of Section 3319.4 of the New York City Building Code and the following.

   (1) Application for a certificate of approval. To request a certificate of approval in accordance with Section 3319.4 of the New York City Building Code, a prototype application must be filed on behalf of the manufacturer or equipment owner by an engineer who meets the requirements of paragraph (2) of subdivision (d) of this section. The application and all associated content must be provided in English, with United States customary units, or where acceptable to the commissioner, metric units. When required by the department, the application must be submitted in an electronic format acceptable to the commissioner. The application must include the following information:

      (i) Manuals. One or more manufacturer-furnished manuals, as necessary, to supply the information listed below. Required information is generic and does not have to provide specific part or model numbers:

         (A) All configurations for which approval is sought.

         (B) Overall dimensions of the crane or derrick, including for the boom, mast, jib, and attachments, or individual sections thereof, for which approval is sought.

         (C) Where applicable, information on the carrier type, overall carrier length and width, and tailswing, both with outriggers extended and without.

         (D) Rope information, including cable sizes and the number of drums, for both the main hoist line and the whipline.

         (E) A generic listing of all safety devices and operational aids provided with the crane or derrick.

         (F) Required configurations and procedures to secure the crane or derrick for unattended or out-of-service conditions. For a tower crane, other than a self-erecting tower crane, this must include boom configurations for weathervaning, information or limitations/prohibitions on locking or restricting the boom, and procedures to secure the tower crane in advance of a hurricane type wind event.

         (G) For a tower crane, other than a self-erecting tower crane, erection, jumping, climbing, and dismantling procedures. Torque values for all bolted connections located on the crane and installed or modified during such work must be included. Collar details and information on how to support, install, and dismantle the collar must also be provided.

         (H) For all cranes or derricks, other than a tower crane that is not a self-erecting tower crane, assembly, disassembly, and travel procedures, including, as applicable, installation and removal procedures for all attachments for which approval is sought. Torque values for all bolted connections installed or modified during crane set up or the installation of an attachment must be included.

         (I) Operating instructions.

         (J) Inspection criteria, including a schedule of manufacturer-recommended inspections.

         (K) Maintenance criteria, including a schedule of manufacturer-recommended maintenance.

      (ii) Brochure. A manufacturer-furnished advertising brochure or drawing showing the general configuration and specifications for which approval is sought.

      (iii) Load rating charts. Manufacturer-furnished load rating charts showing each configuration for which approval is sought.

      (iv) Inspection checklists. Manufacturer-furnished checklists for the inspection of the crane or derrick. Such checklists must account for all components for which approval is sought and all phases of the manufacturer’s recommended schedule of inspections, for example, daily, monthly, and annual.

      (v) Maintenance checklists. Manufacturer-furnished checklists for the maintenance of the crane or derrick. Such checklists must account for all components for which approval is sought and all phases of the manufacturer’s recommended schedule of maintenance, for example, daily, monthly, and annual.

      (vi) Listing of components. Manufacturer-furnished list of all components for which approval is sought. The list is generic and does not have to provide specific part or model numbers. The list must also be accompanied by:

         (A) For a tower crane, other than a self-erecting tower crane, manufacturer-furnished drawings indicating the weight, dimensions, center of gravity, and lifting points for the boom, mast, jib, collar, and all attachments, or individual sections thereof, for which approval is sought.

         (B) For all cranes or derricks, other than a tower crane that is not a self-erecting tower crane, manufacturer-furnished drawings indicating, as applicable, the weight, dimensions, center of gravity, and lifting points for the lattice boom, jib, and all attachments, or individual sections thereof, for which approval is sought.

         (C) In addition to the provisions of clauses (A) and (B) above, for a crane or derrick with a telescoping boom, manufacturer-furnished drawings indicating the weight, dimensions, and center of gravity for the entire crane or derrick with the boom fully retracted and fully extended.

      (vii) Counterweight tables. Manufacturer-furnished table of all counterweight combinations and counterweight attachments for each configuration for which approval is sought.

      (viii) Tables of allowable installation and use.

         (A) Tower cranes, other than self-erecting tower cranes. For tower cranes, other than self-erecting tower cranes, the manufacturer must submit tables that include the following data for the tower crane at its maximum free standing height in each separate standard configuration indicated in the submitted load rating charts:

            1. The maximum in-service moment, based on a 45 mph in-service wind.

            2. The maximum out-of-service moment, based on a 98 mph out-of-service wind.

            3. The slewing moment, based on a 45 mph in-service wind.

            4. Corresponding vertical loads at the foundation.

         Such data must be calculated in accordance with ASCE 7-2005, and be provided at Exposures B, C, and D. The maximum free standing height must be clearly indicated, and must be based on a 98 mph out-of-service wind, or a 45 mph in-service wind when such in-service wind produces a lower free standing height.

         Special conditions in which the crane may not be used or installed (e.g. crane configuration, height, exposure, etc.) must be clearly indicated.

         (B) All other cranes and derricks. For all cranes or derricks, other than tower cranes that are not self-erecting tower cranes, the manufacturer must provide tables showing the maximum in-service and out-of-service boom, mast and attachment lengths for each configuration for which approval is sought.

      (ix) Technical certification. A certification from the engineer who files the prototype application that:

         (A) The crane or derrick for which approval is sought was designed and constructed in accordance with an applicable standard listed in paragraph (1) of subdivision (e) of this section. The standard and the year of the standard utilized must be noted.

         (B) The manuals and load rating charts filed as part of the prototype application are in accordance with the requirements of paragraph (2) of subdivision (e) of this section.

         (C) For a tower crane, other than a self-erecting tower crane, the data provided per subparagraph (viii) of paragraph (1) of subdivision (d) of this section conforms to ASCE 7-2005.

         (D) For a crane, the crane, in all configurations for which approval is sought, successfully passed the prototype testing required by paragraph (3) of subdivision (e) of this section.

      (x) Contact information. The manufacturer must supply contact information for the following:

         (A) Technical questions. For technical questions, an individual, employed full-time by the manufacturer, who is authorized by the manufacturer to provide answers to technical questions related to the crane or derrick.

         (B) Service questions. For service questions, a 24/7 telephone hotline that is maintained or authorized by the manufacturer.

         (C) Service support. For jobsite service support, a manufacturer authorized service center, distributor, or authorized service provider located within a four hour travel window of New York City, which must be able to dispatch a factory trained service technician to New York City in the event of an emergency or major malfunction, as determined by the department, with the crane or derrick.

      (xi) Safety bulletins and recall notices. Certification from the manufacturer that safety bulletins and recall notices for the crane or derrick will be provided in accordance with paragraph (6) of subdivision (d) of this section.

      (xii) ISO certification. The manufacturer must certify that it possesses the International Organization for Standardization (ISO), or equivalent, certification required by paragraph (4) of subdivision (c) of this section. A copy of the ISO certification, or equivalent, must be submitted.

   (2) Engineer. The engineer who files the application for the certificate of approval must be either:

      (i) A full-time employee of the manufacturer who is licensed to practice the profession of engineering under the law of any state or foreign jurisdiction, or who submits proof, acceptable to the commissioner, of his or her professional qualifications; or

      (ii) A person licensed and registered to practice the profession of engineering under the education law of the state of New York.

   (3) Issuance of the certificate of approval. Upon approval of the prototype application, the department will issue an initial certificate of approval for the crane or derrick. The manuals, load rating charts, and other information submitted with the prototype application and accepted by the department are considered part of the certificate of approval.

   (4) Amendments to the certificate of approval.

      (i) When required. A certificate of approval must be amended in any of the following circumstances:

         (A) Information provided in the load rating charts is no longer valid or will be altered.

         (B) A configuration that was not provided for in the certificate of approval will be utilized.

         (C) A component that was not provided for in the certificate of approval will be utilized. This includes, but is not limited to, components that have weights, dimensions, centers of gravity, or lifting points that are different from those listed in the certificate of approval.

         (D) Information supplied per subparagraph (vii) of paragraph (1) of subdivision (d) of this section is no longer valid or will be altered.

         (E) For a crane or derrick whose initial certificate of approval was issued on or after January 1, 2016, information supplied per subparagraph (viii) of paragraph (1) of subdivision (d) of this section is no longer valid or will be altered.

      (ii) Amendment request. A request to amend a certificate of approval must be filed:

         (A) On behalf of the manufacturer. On behalf of the manufacturer by an engineer who meets the requirements of paragraph (2) of subdivision (d) of this section; or

         (B) On behalf of the owner. On behalf of the equipment owner by an engineer licensed and registered to practice the profession of engineering under the education law of the state of New York, provided:

            1. The manufacturer is no longer in business; or

            2. The equipment owner has submitted to the manufacturer a detailed description of the proposed amendment, and has asked the manufacturer to request the amendment, but:

               A. The manufacturer has not rejected the request. A rejection must be in the form of a written explanation from the manufacturer that rejects the request and explains the reasons for the rejection; and

               B. The manufacturer declines to review the request; or

               C. The manufacturer, within 30 days of the request, fails to acknowledge the request or initiate a review of the request; or

               D. The manufacturer acknowledges the request or begins a review of the request, but, within 120 days of the request, fails to submit an amendment to the department.

      (iii) Content of amendment request. Amendment requests, and all associated content, must be provided in English, with United States customary units, or where acceptable to the commissioner, metric units. When required by the department, the application must be submitted in an electronic format acceptable to the commissioner. The amendment request must include the following information:

         (A) A listing of revisions to the certificate of approval necessary to accord with the proposed amendment.

         (B) Where load ratings are altered, revised load rating charts, along with a certification from the engineer who files the amendment request that the revised load rating charts are in accordance with the requirements of paragraph (2) of subdivision (e) of this section.

         (C) Where applicable, revised component information in accordance with subparagraph (vi) of paragraph (1) of subdivision (d) of this section.

         (D) Where applicable, revised counterweight information in accordance with subparagraph (vii) of paragraph (1) of subdivision (d) of this section.

         (E) Where applicable, revised data in accordance with subparagraph (viii) of paragraph (1) of subdivision (d) of this section. For a tower crane, other than a self-erecting tower crane, the engineer who files the amendment request must certify that the revised data conforms to ASCE 7-2005.

         (F) Where changes are made that decrease the structural stability or structural strength of a crane, or increase the loads or stresses upon the crane, including but not limited to adding configurations, booms, or jibs, certification from the engineer who files the amendment request that the crane, as proposed to be amended, has successfully passed the prototype testing required by paragraph (3) of subdivision (e) of this section.

         (G) In addition to the requirements of clauses (A) through (F) above, where the amendment request is filed on behalf of the manufacturer, any other supplements, as applicable, to the certificate of approval in accordance with paragraph (5) of subdivision (d) of this section.

         (H) In addition to the requirements of clauses (A) through (F) above, where the amendment request is filed on behalf of the equipment owner:

            1. A certification from the equipment owner that the manufacturer is no longer in business; or a copy of the request made to the manufacturer, along with any response from the manufacturer, as required by item 2 of clause (B) of subparagraph (ii) of paragraph (4) of subdivision (d) of this section.

            2. When any information in the manufacturer’s supplied manuals has to be revised, one or more revised manuals, as necessary, along with a certification from the engineer who files the amendment request that the revised manuals are in accordance with the requirements of paragraph (2) of subdivision (e) of this section. Deviations and modifications from the manufacturer’s original materials must be clearly indicated.

            3. When any of the checklists required by subparagraphs (iv) or (v) of paragraph (1) of subdivision (d) of this section has to be revised, one or more revised checklists, as necessary. Deviations and modifications from the manufacturer’s original materials must be clearly indicated.

            4. Certification from the engineer who files the amendment request, based upon a review of the design calculations and testing of the crane or derrick manufacturer by the engineer, or by sufficient calculations made by the engineer, or by testing acceptable to the commissioner, that:

               A. The manufacturer’s original safety factor of the equipment is not reduced by the proposed amendment.

               B. The crane or derrick, as proposed to be modified by the amendment, complies with the applicable design and construction standard for the crane or derrick, as listed in paragraph (1) of subdivision (e) of this section.

            5. Plates, tags, and decals as necessary to accord with the proposed amendment, along with instructions for their use. Such items must be developed, signed, and sealed by the engineer who files the request for the amendment.

            6. Certification from the engineer who files the request for amendment that the engineer approves the modification/addition stipulated in the amendment, and specifies the equipment configuration to which the approval applies.

            7. Certification from the equipment owner that such owner will comply with the provisions of the amendment, including but not limited to ensuring their cranes or derricks which utilize the amendment are provided with the revised load rating charts and manuals, as well as plates, tags, and decals as necessary to accord with the proposed amendment.

      (iv) Issuance. Upon approval of the amendment by the department, the department will issue an amended certificate of approval for the crane or derrick.

         (A) Special provisions for an amendment filed by an equipment owner. Where an amendment request is filed by an equipment owner on or after January 1, 2016, only equipment owned by such owner may utilize the amendment. However, nothing in this clause will prohibit a separate equipment owner from filing, and the department approving, a separate amendment covering the same material.

   (5) Manufacturer supplements to the certificate of approval. When required by subparagraphs (i) through (iv) below, the manufacturer must provide supplements to the certificate of approval. Such supplements, and all associated content, must be provided in English, with United States customary units, or where acceptable to the commissioner, metric units. When required by the department, the supplement must be submitted in an electronic format acceptable to the commissioner. Supplements must be filed by an engineer who meets the requirements of paragraph (2) of subdivision (d) of this section. No fee will be charged to file a supplement. When accepted by the department, a supplement will be considered pari of the certificate of approval; except that any supplement filed under the provisions of subparagraph (iv) below will be applicable only for the specific job detailed in the certificate of on-site inspection.

      (i) Manual updates. When the manufacturer revises any of the information required by subparagraph (i) of paragraph (1) of subdivision (d) of this section, the manufacturer must provide to the department one or more revised manuals, as necessary. The engineer who files the revised manual must certify that the manual is in accordance with the requirements of paragraph (2) of subdivision (e) of this section.

      (ii) Updates to inspection and maintenance checklists. When the manufacturer revises any of the checklists required by subparagraphs (iv) or (v) of paragraph (1) of subdivision (d) of this section, the manufacturer must provide to the department one or more revised checklists, as necessary.

            Exception. Cranes or derricks whose initial certificate of approval was issued prior to January 1, 2016.

      (iii) Contact information updates. When any manufacturer contact information required by subparagraph (x) of paragraph (1) of subdivision (d) of this section changes, the manufacturer must provide updated points of contact within five (5) business days of the change.

         (A) Exception. Cranes or derricks whose initial certificate of approval was issued prior to January 1, 2016.

         (B) No manufacturer support. Where there is no manufacturer to support a crane or derrick, the certificate of approval will remain valid.

      (iv) Site specific wind analysis for a tower crane. For a tower crane, other than a self-erecting tower crane, the manufacturer must submit a site specific wind analysis to the department prior to the approval of the crane or derrick notice application. Such analysis must:

         (A) Cover each configuration for which crane or derrick notice application approval is sought;

         (B) Be based upon the following information, with such information submitted to the manufacturer by the engineer who files the crane or derrick notice application:

            1. Project address;

            2. Crane make and model;

            3. Maximum lifting capacity;

            4. Distance of the crane from the building;

            5. Proposed tie-in spacing;

            6. Elevations and sections detailing the location and configuration of the crane at the site, in both plan view and elevation view, with dimensions indicated;

            7. Where an environmental load reduction is utilized in accordance with Chapter 16 of the New York City Building Code:

               7.1. A copy of the action plan required by Chapter 16 of the New York City Building Code;

               7.2. Proposed tie-in spacing for the action plan configuration; and

               7.3. Elevations and sections detailing the action plan configuration of the crane at the site, in both plan view and elevation view, with dimensions indicated.

            8. New York City wind load conditions, including exposure category and height distribution of the wind. Such information must be in accordance with Chapter 16 of the New York City Building Code, and based on the following:

               8.1. An in-service wind speed of at least 45 mph;

               8.2. An out-of-service wind speed that is not less than that allowed by Chapter 16 of the New York City Building Code; and

               8.3. Where an environmental load reduction is utilized in accordance with Chapter 16 of the New York City Building Code, an out-of-service wind speed equal to that required by Chapter 16 of the New York City Building Code for the full, unreduced, design wind speed.

         (C) Contain the following information from the manufacturer for the given in-service, out-ofservice, and, where applicable, full, unreduced, design wind speed:

            1. The maximum moment;

            2. The slewing moment; and

            3. Corresponding vertical loads at the foundation.

         (D) Contain a certification from the manufacturer that the information provided per clause (C) above is based on the information provided by the engineer per clause (B) above;

         (E) Contain a certification from the manufacturer that, in accordance with the requirements of the standard listed in the certificate of approval for the design and construction of the crane , the boom, mast, jib, attachments, and working deck of the crane will sustain the wind loads specified in (B)(8) above; and

         (F) Note any special conditions in which the crane may not be used or installed (e.g. crane configuration, height, exposure, etc.).

   (6) Safety bulletins and recall notices. The department will provide to each manufacturer a list containing the serial numbers of all cranes and derricks registered in New York City manufactured by such manufacturer. The manufacturer in turn must provide to the department all safety bulletins and recall notices issued by such manufacturer related to cranes and derricks found on the list provided by the Department when the safety bulletin or recall notice is issued. No fee will be charged to file such bulletin or notice with the department.

      Safety bulletins and recall notices will not be considered part of a crane or derrick’s certificate of approval and will not impact the validity of any such certificate. The department may require proof that a crane or derrick with a certificate of operation or a certificate of on-site inspection, or a crane or derrick for which such certificate(s) are sought complies with the safety bulletin or recall notice.

   (7) ISO certification. If the manufacturer loses its International Organization for Standardization (ISO), or equivalent, certification for the make and model of the crane or derrick, this loss must be reported to the department within ten (10) business days after it occurs.

         Exception. Cranes or derricks whose initial certificate of approval was issued prior to January 1, 2016.

   (8) Current certificate of approval holders. Any crane or derrick that conforms with a previously issued, currently valid certificate of approval need not apply for a new certificate of approval.

   (9) Previously issued temporary certificates of approval. Temporary certificates of approval issued prior to January 1, 2016, are deemed to be approved as an initial certificate of approval, retroactive to the date of issuance of the temporary certificate of approval, provided such temporary certificate of approval was not otherwise revoked prior to January 1, 2016, and provided that the prototype application for such temporary certificate of approval contained a certification from the manufacturer of the crane or derrick, or a person licensed and registered to practice the profession of engineering under the education law of the state of New York, that the crane or derrick was designed and constructed in accordance with one of the standards listed in clauses (A) through (F) of sub paragraph (i) of paragraph (1) of subdivision (e) of this section.

   (10) Suspension or revocation of a certificate of approval. The department may suspend or revoke a certificate of approval in accordance with Section 28-105.10 of the New York City Administrative Code.

  1. Standards.

   (1) Design and construction standards.

      (i) Design and construction standards for cranes or derricks whose prototype application is submitted on or after January 1, 2016. Cranes and derricks, and their components, whose prototype application is submitted on or after January 1, 2016 must, in their entirety, be designed and constructed in accordance with the following:

         (A) Mobile cranes, other than an articulating boom crane. For a mobile crane, other than an articulating boom crane, ASME B30.5 (2004, 2007, 2011, or 2014 editions), or EN 13000 (2004, 2010, or 2014 editions).

         (B) Tower cranes, other than a self-erecting tower crane. For a tower crane, other than a self-erecting tower crane, ASME B30.3 (2004, 2009, 2012, or 2016 editions’), or EN 14439 (2006 or 2009 editions).

         (C) Derricks. For a derrick, ASME B30.6 (2003, 2010, or 2015 editions).

         (D) Articulating boom crane. For an articulating boom crane, ASME B30.22 (2005, 2010, or 2016 editions).

         (E) Self-erecting tower crane. For a self-erecting tower crane, ASME B30.29 (2012 edition), or EN 14439 (2009 edition).

         (F) Dedicated pile drivers. EN 996 (2009 or 2014 editions) or EN 16228 (2014 edition).

         (G) Equivalent standards. For any type of crane or derrick, such other standard as the commissioner deems equivalent to the ASME or EN standards listed above.

      (ii) Design and construction standards for cranes and derricks whose prototype application was submitted prior to January 1, 2016. Cranes and derricks, and their components, whose prototype application was submitted prior to January 1, 2016 must have been designed and constructed in accordance with the following:

         (A) Mobile cranes manufactured prior to October 1, 2006 and whose prototype application was submitted prior to October 1, 2006. Mobile cranes, and their components-manufactured prior to October 1, 2006 and whose prototype application was submitted prior to October 1, 2006 must, in their entirety, be designed and constructed in accordance with ASME B30.5-1968.

         (B) Mobile cranes manufactured on or after October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1,2016. Mobile cranes, and their components, manufactured on or after October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1, 2016, must, in their entirety, be designed and constructed in accordance with ASME B30.5 – 2004 Chapter 5-1 except Section 5-1.9.9, or EN 13000 (2004) except Section 4.2.6.

         (C) Mobile cranes manufactured prior to October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1, 2016. Mobile cranes, and their components, manufactured before October 1, 2006 and whose prototype application was submitted on or after October 1, 2006 but prior to January 1, 2016, must, in their entirety, be designed and constructed in accordance with one of the following standards:

            (i) ASME B30.5 – 2004 Chapter 5-1 except Section 5-1.9.9;

            (ii) ASME B30.5 – 2000 Chapter 5-1 except Section 5-1.9.9;

            (iii) ASME B30.5 – 1994 Chapter 5-1 except Section 5-1.9.9;

            (iv) ASME B30.5 – 1989 Chapter 5-1 except Section 5-1.9.9;

            (v) ASME B30.5 – 1982 Chapter 5-1 except Section 5-1.9.9;

            (vi) EN 13000 (2004) except Section 4.2.6; or

            (vii) Such other standard as the Commissioner deems appropriate.

   (2) Manuals and load rating chart standards. Manuals and load rating charts for cranes and derricks must be in English, with United States customary units, or where acceptable to the commissioner, metric units, and be in accordance with an applicable standard listed in paragraph (1) of subdivision (e) of this section. Manuals and load rating charts must also include manual or chart numbers, and page numbers.

      (i) De-rating. Load rating charts, and amendments to load rating charts, submitted on or after January 1, 2016, may not be de-rated to circumvent licensing provisions, or to meet exemptions contained within this section or within the New York City Construction Codes.

   (3) Prototype testing standards.

      (i) Prototype testing of mobile cranes submitted prior to October 1, 2006. A prototype of each mobile crane, and their components, submitted before October 1, 2006 must be tested for strength and stability in accordance with ASME B30.5-1968. Lattice boom cranes must also be tested in accordance with SAE J987 - 1967 and all mobile cranes with lattice or telescopic booms must also be tested in accordance with SAE J765 - 1990.

      (ii) Prototype testing of mobile cranes submitted on or after October 1, 2006. A prototype of each mobile crane, and their components-submitted on or after October 1, 2006 must meet the prototype testing requirements in Test Option A or Test Option B as outlined below:

         (A) Test Option A; SAE J1063 or SAE J987,

            1. The following applies to equipment with cantilevered booms (such as telescopic boom cranes): All tests listed in SAE J1063 - 1993, Table 1, must be performed to load all critical structural elements to their respective limits. All the strength margins listed in SAE J1063 - 1993. Table 2 must be met.

            2. The following applies to equipment with pendant supported lattice booms: All the tests listed in SAE J987-2003. Table 1, must be performed to load all critical structural elements to their respective limits. All the strength margins listed in SAE J987 - 2003, Table 2 must be met.

         (B) Test Option B: EN 13000. All testing and verification requirements of EN 13000 (2004) must be met. In applying EN 13000 (2004), the following additional requirements must be met:

            1. The following applies to equipment with cantilevered booms (such as telescopic boom cranes): The analysis methodology, such as computer modeling, must demonstrate that all load cases listed in SAE J1063 - 1993 meet the strength margins listed in SAE J1063-1993 Table 2.

            2. The following applies to equipment with pendant supported lattice booms: The analysis methodology, such as computer modeling, must demonstrate that all load cases listed in SAE J987 - 2003 meet the strength margins listed in SAE J987-2003 Table 2.

            3. Analysis verification. The physical testing requirements under SAE J1063 - 1993 and SAE J987 - 2003 must be met unless the reliability of the analysis methodology, such as computer modeling, has been demonstrated by a documented history of verification through strain gauge measuring or strain gauge measuring in combination with other physical testing.

      (iii) Prototype testing of tower cranes manufactured on or after November 8, 2010. Tower cranes manufactured on or after November 8, 2010, must meet the prototype testing requirements in EN 14439 (2006).

   (4) Manufacturing standards. Cranes and derricks, and their components, whose application for prototype approval is submitted on or after January 1, 2016 must, in their entirety, be manufactured by an entity that possesses an ISO 9001 certification, or an equivalent international certification acceptable to the commissioner.

  1. Annual renewal of the certificate of operation. Application for renewal of a certificate of operation, as stipulated in Section 3319.5 of the New York City Building Code, must be accompanied by inspection and maintenance records in accordance with paragraph (1) of subdivision (k) of this section and paragraph (1) of subdivision (m) of this section. Upon approval of the application, a new certificate of operation will be issued after a satisfactory inspection by a department inspector.
  2. Certificate of on-site inspection.

   (1) Conformity with the certificate of approval and certificate of operation. No certificate of on-site inspection, or an extension, renewal, or amendment to such certificate, will be granted for a crane or derrick which requires, but does not possess, a certificate of approval or certificate of operation, or which is not in conformance with the certificate of approval or certificate of operation.

   (2) Application for a certificate of on-site inspection. To apply for a certificate of on-site inspection in accordance with Section 3319.6 of the New York City Building Code, an engineer, licensed and registered to practice the profession of engineering under the education law of the state of New York, must file, on behalf of the equipment user, a crane or derrick notice application with the department.

      (i) Crane or derrick notice plans. The application must be accompanied by one or more plans, as applicable, showing the following information for each configuration for which crane or derrick notice application approval is sought:

         (A) Ground and subsurface elements. Elevations and sections detailing all pertinent ground and subsurface elements, with dimensions, slopes, estimated bearing values, loads imposed, and surcharges indicated, including, as applicable:

            1. Soil;

            2. Streets, sidewalks, public plazas, and equivalent spaces;

            3. Foundations;

            4. Retaining walls;

            5. Excavations;

            6. Sheeting, shoring, and bracing;

            7. Vaults;

            8. Manholes;

            9. Subways, stations, and entrances;

            10. Tunnels; and

            11. For a tower crane:

               11.1. Utilities impacted by the tower crane foundation; and

               11.2. The water table level.

         (B) Site conditions. Elevations and sections detailing all pertinent site conditions, with dimensions indicated, including, as applicable:

            1. North arrow;

            2. Buildings and structures at the site and adjacent to the site, with projections, setbacks, and equipment and structures located on the roof or setback indicated;

            3. Temporary construction, such as platforms, runback structures, scaffolds, mast climbers, hoists, horizontal netting, cocoon systems, climbing formwork, sidewalk sheds, fences, and barricades;

            4. Pedestrian and traffic control to be provided as per the requirements of the Department of Transportation;

            5. Other cranes or derricks at the site, with swing radii indicated;

            6. Trees and other natural obstructions; and

            7. Above ground utilities and infrastructure, including but not limited to, street lights, traffic lights, bollards, bus shelters, street furniture, traffic signs, hydrants, electrical lines with voltage values indicated, phone lines, bridges, viaducts, subway exits, elevated subways and railroads, elevated transit platforms, and towers.

         (C) Location and configuration. Elevations and sections detailing the location and configuration of the crane or derrick at the site, in both plan view and elevation view, with dimensions indicated, including, as applicable:

            1. The proposed location of the crane or derrick, including areas where the crane or derrick will be assembled, disassembled, operate, or travel;

            2. The configuration of the crane or derrick;

            3. Outrigger location and configuration;

            4. The swing radius of the tail or counterweights;

            5. The maximum and minimum swing radius and load path of the boom and load;

            6. Minimum clearances for the boom/jibs/ attachments and counterweights. If necessary, operation restrictions necessary to prevent contact must be clearly shown; and

            7. Pick and landing zones.

         (D) Footing, foundation, tie-ins, and supporting elements. Elevations and sections detailing the footing or founding of the crane or derrick and any foundations, tie-ins, or other structures supporting the crane or derrick, with dimensions, materials, bearing values, loads imposed, reactions, and concrete strengths to be obtained prior to installation indicated, including, as applicable:

            1. For a crane:

               1.1. Matting, dunnage, or equivalent;

               1.2. Ramps;

               1.3. Platforms, and all connections between the platform and the base building or structure;

               1.4. Foundations and all connections between the foundation, the base building or structure, and the crane; and

               1.5. Tie-in connections, including but not limited to the tie-in, base building or structure, collar, pin, inner bracings or similar reinforcement, and any rope or structure supporting the tie-in collar to the tower leg.

            2. For a derrick, platforms or dunnage, and all connections between the platforms or dunnage, the base building or structure, and the derrick.

            3. For any crane or derrick:

               3.1. Bracing;

               3.2. Roofs, setbacks, or equivalent upon which the crane or derrick is located;

               3.3. Modifications required to the base building or structure, other structural elements, or to adjacent retaining walls, excavations, or foundations; and

               3.4. Level or plumb tolerances, which may not exceed the recommendations of the crane or derrick manufacturer.

         (E) Bolted connections. For a bolted connection utilized in a platform or dunnage that supports a crane or derrick, or utilized in the footing, foundation, tie-ins, or supporting elements of a derrick or a tower crane, details of such bolted connection, including elevations and sections, with dimensions indicated, including, as applicable:

            1. Bolts;

            2. Bolt hole sizes;

            3. Bolt grades and specifications;

            4. Bolt torque values;

            5. Re-torqueing schedule and procedures;

            6. Plates;

            7. Rods, with pre-tensioning information;

            8. Dowels;

            9. Clamping forces; and

            10. Grout or steel bushings.

         (F) Anchors. Elevations and sections detailing anchored connections to a structure, with dimensions indicated, including, as applicable:

            1. Type of anchor;

            2. Anchor size;

            3. Anchor hole size;

            4. Epoxy or grout specifications;

            5. Installation instructions; and

            6. Pull out testing criteria.

         (G) Welded connections. For a welded connection utilized in a platform or dunnage that supports a crane or derr