Title 3: Fire Department

Chapter 1: Administration

§ 102-01 Pre-Existing Facilities and Conditions.

(a) Scope. This section consolidates requirements for conditions that were lawfully existing on the effective date of a Fire Code provision, and that, in accordance with FC 102.3 or 102.4, may be continued in compliance with laws, rules, regulations and permit conditions applicable at the time such condition was lawfully allowed or approved.
  1. Definitions. The following term shall, for the purposes of this section and as used elsewhere in the rules, have the meaning shown herein:

   Pre-existing (facility or condition). Any condition, including the design and installation of any facility, lawfully existing on the effective date of a Fire Code provision that, in accordance with FC 102.3 or 102.4 and this rule, may be continued in compliance with laws, rules, regulations and permit conditions applicable at the time such facility was lawfully allowed or approved, and which is not determined by the Department to be subject to the provisions of FC102.5.

  1. Types of Pre-Existing Conditions. The Fire Code was originally enacted effective July 1, 2008. It has been amended since its original enactment. Pre-existing conditions include facilities:

   (1) pre-dating the Fire Code that were lawfully designed and installed in accordance with the New York City Fire Prevention Code and/or other laws, rules, regulations, permit conditions and national standards in effect prior to July 1, 2008; and

   (2) lawfully designed and installed in accordance with the applicable provisions of the Fire Code and rules in effect on and after July 1, 2008, but which could no longer be designed and installed in the same manner as a result of a subsequent amendment to the Fire Code or rules that prohibits, or amends the requirements for, such facility. Pre-existing conditions do not include facilities that were designed under prior laws, rules or repealed or amended Fire Code provisions, if the facility is allowed or would be approved under the Fire Code, as subsequently amended.

  1. Illustrative Pre-Existing Conditions. The following facilities illustrate the application of FC 102.3 and FC102.4:

   (1) Conditions or facilities approved prior to July 1, 2008 that are pre-existing facilities. Approved facilities lawfully existing on June 30, 2008, may be pre-existing facilities under provisions of law that were in effect on that date but repealed effective July 1, 2008, or laws that had been repealed before June 30, 2008, where the facility was lawfully continued until that date. For example:

      (A) A below-grade storage facility for flammable liquids lawfully designed and installed in a mercantile establishment prior to July 1, 2008, and that on June 30, 2008 was in compliance with the design and installation requirements for such facilities set forth in Subchapter 9 of the New York City Fire Prevention Code , is a pre-existing facility which may be continued in compliance with the provisions of the New York City Fire Prevention Code and the rules in effect on June 30, 2008, notwithstanding the fact that such below-grade facility would not be allowed or approved in a control area under the Fire Code.

      (B) A refrigerating system that was lawfully designed and installed on a premises pursuant to Subchapter 18 of the New York City Fire Prevention Code prior to the enactment of the 1968 Building Code, and that had not been required by reason of alteration or otherwise to be replaced to comply with the superseding 1968 Building Code or subsequent construction code requirements for such systems, may be continued in compliance with the earlier provisions of the New York City Fire Prevention Code, notwithstanding the fact that such refrigerating system would not be allowed or approved under the Fire Code.

      (C) An LPG storage facility that was lawfully designed and installed on a premises pursuant to Fire Prevention Directive 2-88, and that had not been required by reason of alteration or otherwise to be replaced or discontinued, may be continued in compliance with said directive, notwithstanding the fact that the quantity of LPG storage authorized by said directive exceeds the quantity that would be allowed or approved under the Fire Code.

   (2) Conditions or facilities not approved prior to July 1, 2008 that are pre-existing facilities. Any condition or facility lawfully existing on July 1, 2008, that had not been regulated under the New York City Fire Prevention Code or New York City Building Code prior to such date, and which are not allowed and could not be approved under the Fire Code or the rules, may be a pre-existing condition or facility within the meaning of this section, if:

      (A) prior to June 30, 2008 or other effective date of the applicable Fire Code provision, the condition or facility was in compliance with the requirements of any applicable Federal, New York State or other laws, rules or regulations; and

      (B) at the time the condition or facility was established, it was substantially in compliance with national or industry standards or practices.

   (3) Conditions or facilities lawfully existing prior to July 1, 2008 that were not pre-existing facilities but become pre-existing facilities as a result of subsequent Fire Code amendments. Any condition or facility which was lawfully existing on June 30, 2008, and which was allowed or approved under the Fire Code may become a pre-existing facility by a Fire Code amendment or rule that no longer allows or authorizes approval of the condition or facility. For example:

      (A) An existing underground liquid motor fuel storage tank designed and installed after April 2000 pursuant to provisions of Subchapters 8, 9 and 11 of the New York City Fire Prevention Code and former 3 RCNY § 21-20 that are substantively identical to the provisions of the Fire Code and the rules, was not a pre-existing facility within the meaning of former FC 102.3 and this section and was required to comply with the applicable provisions of the Fire Code and the rules. However, effective March 30, 2014, the Fire Code’s design and installation requirements for underground liquid motor fuel storage and dispensing systems were amended. As a result, an underground liquid motor fuel storage tank designed and installed in accordance with these former Fire Prevention Code and rule provisions would not be allowed or approved under the Fire Code. Accordingly, such an underground liquid motor fuel storage tank, which was not previously a pre-existing facility, became a pre-existing facility pursuant to FC 102.3 and 102.4 on March 30, 2014, provided that, on March 29, 2014, its design and installation remained in compliance with the design and installation requirements under which it was originally approved or allowed.

   (4) Conditions or facilities designed or installed under the Fire Code that are pre-existing facilities. Any condition or facility designed and installed on or after July 1, 2008, pursuant to provisions of the Fire Code, or which was not regulated by the Fire Code between July 1, 2008 and the date of a Fire Code amendment, may be a pre-existing facility if the condition or facility was lawfully existing on the day prior to the effective date of an amendment of the Fire Code. For example:

      (A) A fire apparatus access road dead end turnaround designed and installed in compliance with the Fire Code requirements for such turnarounds in effect prior to March 30, 2014 (as set forth in former FC503.2.5), and lawfully continued until March 29, 2014, is a pre-existing facility that may be continued in compliance with the laws, rules, regulations and permit conditions applicable at the time such turnaround was lawfully allowed or approved, notwithstanding the fact that the turnaround would not be allowed or approved under the amended Fire Code, which increased the required size of the turnaround.

      (B) A below-grade paint spray booth designed and installed in compliance with the Fire Code requirements for paint spray booths in effect prior to March 30, 2014 , and lawfully continued until March 30, 2014, is a pre-existing facility which may be continued in compliance with the laws, rules, regulations and permit conditions applicable at the time such paint spray booth was lawfully allowed or approved, notwithstanding the fact that such below-grade paint spray booth would not be allowed or approved under the amended Fire Code, which prohibited below-grade paint spray booths.

  1. Consolidation of Provisions of Law Applicable to Pre-Existing Facilities and Conditions. Provisions of the New York City Fire Prevention Code and the rules in effect prior to the enactment of the Fire Code effective July 1, 2008, and provisions of the Fire Code and the rules in effect prior to the amendment of the Fire Code effective March 30, 2014, including requirements governing the design and installation of pre-existing facilities, and the manufacturing, storage, handling and use of materials in pre-existing facilities under conditions that would not be allowed or approved under the Fire Code, are consolidated in Chapter 48 of the rules, as follows:

   (1) The third and fourth characters of the number of each section of Chapter 48 of the rules correlate to the Fire Code chapter with that number. For example, R4809-01 refers to pre-existing fire protection systems, which are governed by FC Chapter 9. The provisions of law consolidated in each such section are those applicable to pre-existing facilities and conditions relating to a material or facility governed by that Fire Code chapter.

   (2) The provisions of law consolidated in each such section have been abridged to delete operational and maintenance requirements, or design and installation requirements that are allowed or approved under the Fire Code, as to which compliance with the Fire Code is required. Deletions are indicated by asterisks (***).

   (3) Any amendments to the provisions of law consolidated in each such section are indicated by underlining, and, if terms defined in the Fire Code or rules are used, by italics.

  1. Other Provisions of Law Applicable to Pre-Existing Facilities and Conditions. Pre-existing facilities and conditions shall comply with all applicable laws, rules and regulations, including provisions of law not consolidated in 3 RCNY Chapter 48.
  2. Projects In Progress.

   (1) Approved facilities completed prior to January 1, 2010. The design and installation of a facility, the construction of which was completed and/or approved for use or occupancy by the Department of Buildings on or after July 1, 2008, and which would not be allowed and could not be approved under the applicable provisions of the Fire Code and the rules, shall be deemed a pre-existing facility under the following circumstances and subject to the following conditions:

      (A) The design of the facility shall have been approved by the Department of Buildings and a work permit issued by that agency for the construction thereof prior to July 1, 2008;

      (B) The design of the facility to be constructed was in compliance with all applicable provisions of the Fire Prevention Code and Fire Department rules in effect at the time such work permit was issued; and

      (C) Construction of the facility is completed and its use and occupancy approved prior to January 1, 2010.

   (2) Approved facilities completed prior to January 1, 2011. The design and installation of a facility otherwise eligible to be deemed a pre-existing facility pursuant to R102-01(g)(1), except that construction of the facility will not be completed, and/or its use and occupancy will not be approved, prior to January 1, 2010, shall be deemed a pre-existing facility under the following circumstances and subject to the following conditions:

      (A) A showing satisfactory to the Department that compliance with the applicable provisions of the Fire Code and rules would be an undue hardship; and

      (B) Compliance with approved measures to ameliorate the fire safety concerns arising from non-compliance with the Fire Code and rule design requirements constituting the undue hardship; and

      (C) Construction of the facility is completed and its use and occupancy approved prior to January 1, 2011, except that such deadline may be extended by modification upon a satisfactory showing that construction could not be reasonably completed by such date, and the construction continues to be authorized under the work permit issued by the Department of Buildings.

   (3) Approved facilities completed prior to September 30, 2015. The design and installation of a facility, the construction of which was completed and/or approved for use or occupancy by the Department of Buildings on or after March 30, 2014, and which would not be allowed and could not be approved under the applicable provisions of the Fire Code and the rules, shall be deemed a pre-existing facility under the following circumstances and subject to the following conditions:

      (A) The design of the facility shall have been approved by the Department of Buildings and a work permit issued by that agency for the construction thereof prior to March 30, 2014;

      (B) The design of the facility to be constructed was in compliance with all applicable provisions of the Fire Code and Fire Department rules in effect at the time such work permit was issued; and

      (C) Construction of the facility is completed and its use and occupancy approved prior to September 30, 2015.

   (4) Approved facilities completed prior to September 30, 2016. The design and installation of a facility otherwise eligible to be deemed a pre-existing facility pursuant to R102-01(g)(3), except that construction of the facility will not be completed, and/or its use and occupancy will not be approved, prior to September 30, 2016, shall be deemed a pre-existing facility under the following circumstances and subject to the following conditions:

      (A) A showing satisfactory to the Department that compliance with the applicable provisions of the Fire Code and rules would be an undue hardship; and

      (B) Compliance with approved measures to ameliorate the fire safety concerns arising from non-compliance with the Fire Code and rule design requirements constituting the undue hardship; and

      (C) Construction of the facility is completed and its use and occupancy approved prior to September 30, 2016, except that such deadline may be extended by modification upon a satisfactory showing that construction could not be reasonably completed by such date, and the construction continues to be authorized under the work permit issued by the Department of Buildings.

§ 104-01 Appeals.

(a) Scope. This section sets forth procedures by which any person aggrieved by the issuance of any notice, order, violation or other determination issued by the Department may appeal therefrom and obtain a final agency determination as to the validity thereof insofar as it relates to the interpretation or modification of the Fire Code, the rules, or other law, rule or regulation enforced by the Department.
  1. General Provisions.

   (1) Appeals. Any person to whom the Department has issued a notice, order, violation or other determination pursuant to the provisions of the Fire Code, the rules, or other law, rule or regulation enforced by the Department, and who is aggrieved thereby, may obtain review of such notice, order, violation or other determination and a final agency determination relative to the interpretation or modification of such laws, rules or regulations, in accordance with the procedures set forth in this section. No appeal may be had from an appeal determination or other determination denominated as a final agency determination.

   (2) Relationship with adjudications. Nothing contained in this section shall be construed to affect the adjudication of any notice of violation returnable before ECB, or a summons returnable before the New York City Criminal Court, except a summons issued for failure to comply with a violation order or other Commissioner’s order. Nothing contained in this section shall be construed to affect the adjudication of any other notice, order, violation or other determination issued by the Department, except insofar as a final agency determination as to the interpretation or modification of the code may be required for such adjudication.

  1. Appeal Procedures.

   (1) Time for appeal. Appeals shall be filed with the Department no later than thirty (30) calendar days from the date of issuance of such notice, order, violation or other determination. The Department may extend such time upon a satisfactory showing that the party aggrieved by the determination appealed from did not receive timely notice of the determination, or other good cause shown.

   (2) Submission. The appeal shall be directed to the Department’s Chief of Fire Prevention, with a copy to the Department’s Bureau of Legal Affairs, except that if the notice, order, violation or determination appealed from was issued by the Chief of Fire Prevention, the appeal shall be directed to the Fire Commissioner, with a copy to the Department’s Bureau of Legal Affairs.

   (3) Form and content. The appeal shall be made in writing in such form as may be prescribed by the Department; state with particularity the objections taken; and support such objections by relevant citation to the Fire Code or other law, rule, regulation or legal authority, and submission of relevant documentation or other evidence. Any additional information or other supplemental submission requested by the Department shall be submitted to the Department within twenty (20) days of the date of the request, or within such other time as may be prescribed by the Department.

   (4) Appeal determination. The Department shall render a written determination on the appeal, granting or denying the appeal, in whole or in part, and stating its reasons therefor.

  1. Stay of Enforcement.

   (1) No automatic stay. The filing of an appeal shall not stay the enforcement of the notice, order, violation or other determination appealed from, nor shall it relieve any person affected by such determination of the obligation of complying with its requirements or appearing for any adjudication or other legal proceeding.

   (2) Request for stay. The person submitting an appeal may at any time request a stay of enforcement of such notice, order, violation or other determination. Such request shall be made in writing and shall be submitted in the manner set forth in R104-01(c).

   (3) Stay determination. The Department shall expeditiously render a written determination of such request, giving due consideration to the interests of public safety, the costs of compliance, and the apparent merits of the appeal. If the request for a stay is denied, the Department shall render its determination on the appeal no later than thirty (30) days from the date of such denial.

§ 104-02 Professional Certification of Fire Alarm System Installations.

(a) Scope. This section sets forth the standards, requirements and procedures for the professional certification of the design and installation of fire alarm systems.
  1. Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:

   Core building system. Fire alarm system devices and equipment in and around the central or main building stairwells, elevators and utility risers of any buildings, except buildings classified in Occupancy Group R-3. A fire alarm system includes the fire command center (commonly referred to as a fire command station), fire pump, main sprinkler water flow switch, main sprinkler valve tamper switch, elevator lobby smoke detectors, central station connections, elevator in readiness operation, and core alarm boxes, warden phones and other fire alarm communications devices. Such fire alarm systems are also commonly referred to as the “base” building system.

   Letter of approval. The written determination of the Department that a fire alarm system installation has been installed and is operating in compliance with the Building Code, Electrical Code and Fire Code requirements for such installation enforced by the Department.

   Professional certification. The submission to the Department of a signed, personal verification by a registered design professional that accompanies an application and/or design and installation documents filed with the Department and attests that such application or design and installation documents do not contain any false information and that such application or design and installation documents are in compliance with all applicable laws, rules and regulations.

  1. General Provisions.

   (1) Professional certification of fire alarm system installations. Fire alarm system installations may be professionally certified, as set forth in FC104.2.1, in accordance with the provisions thereof and this section, in buildings for which a letter of approval has been issued for the core building system. A core building system may not be professionally certified.

   (2) Qualifications. Only registered design professionals may professionally certify that fire alarm system installations are in compliance with the Fire Code, Building Code, applicable provisions of Department and Department of Buildings rules, and other applicable laws, rules and regulations.

   (3) Format of design and installation documents. Design and installation documents and related submissions shall be in the format set forth in R105-01(b)(4) or as otherwise designated by the Department.

   (4) Letter of approval. Letters of approval for fire alarm system installations that have been professionally certified will indicate that the fire alarm system installation, or part thereof, was approved by the Department based upon professional certification pursuant to FC104.2.1.

   (5) Audit. All fire alarm system installations that have been professionally certified are subject to audit.

   (6) Disqualification for false certification. Pursuant to FC104.2.1.1, in addition to the penalties for violating provisions of the applicable laws, rules and regulations, registered design professionals who submit false or fraudulent documents certifying compliance with the requirements of the Fire Code and rules may be disqualified from submission of professionally certified applications under the Fire Code.

  1. Submission and Approval Procedure.

   (1) Submission of professional certification. A completed Fire Department fire alarm professional certification form for any fire alarm system installation, or part thereof, that is being professionally certified in lieu of a Department inspection in accordance with the provisions of FC104.2.1 and R104-02, shall be submitted to the Department, together with the submissions required by R105-01(c)(2)(A)(2), (3) and (4), including the design and installation documents approved for the installation; “as-built” design and installation documents of the fire alarm system installation and the facility in which it is installed, as actually constructed; and the applicable fee for review of such an application. Such submission shall be made at the earliest date following the completion of such installation, but in all cases prior to occupancy of any building, or part thereof, that is to be newly occupied or reoccupied.

   (2) Acceptance and issuance of letter of approval. Professionally certified design and installation documents will be accepted for filing, and a letter of approval issued. The Department may review such professionally certified design and installation documents for completeness and/or other purposes, and if it determines they are deficient, may deny or rescind acceptance and issuance of the letter of approval.

   (3) Filing with Department of Buildings. The “as built” design and installation documents submitted to and accepted by the Department will be electronically filed with the Department of Buildings by the Department as part of the applicant’s Department of Buildings application, unless another manner of filing such documents with the Department of Buildings is prescribed by the Department.

§ 104-03 Disposal of Contraband Materials.

(a) Scope.

   (1) This section sets forth standards, requirements and procedures for the destruction or other disposition of any article, device, or equipment, the manufacture, storage, handling, use transportation, possession or sale of which is prohibited by the Fire Code or the rules, or which is manufactured, stored, handled, used, transported, possessed or sold in violation thereof.

   (2) Nothing in this section shall be construed to define or limit the Department’s discretion to seize contraband materials, or to define or limit the Department’s discretion to arrange for the removal of contraband materials, by their owner or other person lawfully entitled to their possession, from the premises or location where such contraband materials are found.

  1. Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:

   Notice of disposal. A written notice advising owners of contraband material or other interested parties of the final opportunity to reclaim such material.

   Notice of seizure. A written notice advising the owner of contraband material of its seizure and of the procedures for reclaiming it.

  1. Opportunity to Reclaim Contraband Material. Except as otherwise provided in R104-03(c)(1) and (2), the Department will afford any owner of contraband material, or other person lawfully entitled to its possession, an opportunity to reclaim such material, provided that it is reclaimed in accordance with the procedures set forth in this section.

   (1) Non-reclaimable contraband. The following contraband material may not be reclaimed, and shall not be subject to the procedures set forth in R104-03(d):

      (A) Contraband materials whose condition presents an imminent hazard to life, health or property. This includes a material that has a serious defect, damage or deformity, that has leaked or is leaking its contents, or that cannot be safely stored.

      (B) Contraband materials whose immediate disposal is necessary to prevent or abate an emergency situation, such as a fire,

      (C) Contraband materials that may not be lawfully possessed by the owner or other person seeking to reclaim the material.

   (2) Contraband materials held as evidence. Notwithstanding any other provision of this section, the Department will not release contraband material held as evidence until such time as the use of such material is no longer required in accordance with applicable law.

  1. Procedures for Disposal of Contraband Material. Contraband material shall be disposed of in accordance with the procedures set forth in this subdivision.

   (1) Notice of opportunity to reclaim. The Department shall give notice of the seizure and anticipated disposal of the contraband material and of the opportunity to reclaim to the owner and other interested parties at the time of the seizure, as follows:

      (A) A notice of seizure shall be given to the person in possession of the contraband material at the time of its seizure, or to the person in control of the premises from which the contraband material is seized.

      (B) If the identity of an owner of the contraband material is clearly marked on or is clearly ascertainable from the contraband material, and it is different from that of the recipient of any notice given pursuant to R104-03(d)(1)(A), a copy of the notice of seizure shall be mailed to such owner.

   (2) Notice of disposal. If the contraband material is not reclaimed within two weeks of the date of seizure, the Department shall publish a notice of disposal in the City Record. The notice of disposal shall identify the material by size, contents, serial number or other identifying mark, and date and place of seizure, and shall set forth a deadline for reclaiming the contraband material not less than ten calendar days from the date the notice is published. A copy of such notice of disposal shall be mailed to any person or organization who arranges with the Department to receive such notice.

   (3) Failure to timely reclaim. Owners and other persons lawfully entitled to possession of a contraband material who fail to timely reclaim the contraband material shall be deemed to have abandoned any right, title or interest they may have in the contraband material, and to have no objection to the Department’s disposal of the contraband material in such manner as the Department deems appropriate.

   (4) Location for reclaiming. Owners reclaiming contraband material shall retrieve such material from the Department’s storage facility or other place designated by the Department for such retrieval.

   (5) Qualifications of persons handling and transporting. Contraband materials reclaimed by their owners shall be handled and transported only by persons possessing the requisite qualifications (such as a certificate of fitness) where such qualifications are required by law or rule, and shall be transported only in motor vehicles that comply with federal, state and city rules and regulations.

   (6) Indemnification. An owner reclaiming contraband material shall provide a sworn affidavit representing that he or she owns or is lawfully entitled to possession of the material and will indemnify The City of New York, its agencies, officials, employees and agents, from any and all claims, suits, damages and expenses arising from claims of ownership to the reclaimed materials.

   (7) Fees. The fee for removal and storage of contraband material shall be as set forth in FC A04.1(6). No removal or storage fee shall be charged where it is determined by the Department or a court of competent jurisdiction that the contraband material had not been unlawfully manufactured, stored, handled, used, transported, possessed or sold.

  1. Department Disposal of Contraband Materials. The Department may dispose of contraband materials which are not reclaimed in accordance with the procedures set forth in R104-02(d) in such manner as the Department deems appropriate, including but not limited to removal by a contract vendor retained by the Department for this purpose.

§ 104-04 Modification of Rules. [Repealed]

(a) Scope. This section sets forth the standards, requirements and procedures for the submission of design and installation documents for fire alarm system installations for Department review and approval.
  1. General Provisions.

   (1) Submission and approval required. Pursuant to FC907.1.1, design and installation documents for fire alarm system installations, containing such details as may be required by the Fire Code, Building Code, Electrical Code and this section, shall be submitted for Department review and approval prior to system installation.

   (2) Certification of design and installation documents. Pursuant to FC105.4.1, design and installation documents must be prepared by a registered design professional. Such documents shall bear the seal of such design professional, which shall serve to certify that the documents are in compliance with applicable provisions of the Fire Code, Building Code, rules, and other applicable laws, rules and regulations.

   (3) Filings upon completion of installation. Upon completion of a fire alarm system installation that comprises any part of a core building system, the owner shall submit a request for inspection pursuant to R105-01(c)(2). Upon completion of a fire alarm system installation that does not comprise part of a core building system, the owner shall submit such a request or a professional certification of the installation.

   (4) Format of design and installation documents. The design and installation documents required by this section shall be formatted (to scale) either to the standard size of 24 inches by 36 inches in dimension, or to the folio size of 11 inches by 17 inches in dimension, as specified in this section, or in such other format as may be designated by the Department. The Department may require, pursuant to FC105.4, submission of design and installation documents and related submissions, in an electronic format designated by the Department.

  1. Submission and Approval Procedure.

   (1) Submission and approval of design and installation documents.

      (A) Submissions. Applications for approval of fire alarm systems shall first be filed with the Department of Buildings, and a Department of Buildings application number obtained. Thereafter, two (2) sets of engineering drawings complying with the requirements of Building Code Section BC907.1.1 and bearing the Department of Buildings application number shall be submitted to the Department, by filing them at the Bureau of Fire Prevention’s plan intake window, together with a copy of all forms filed in connection with the Department of Buildings application, and a Department design and installation document examination application form. One set of the engineering drawings shall be formatted to standard (24 x36) size and one to folio (11 x17) size.

      (B) Approval. The Department will review the design and installation documents submitted pursuant to R105-01(c)(1)(A), and, if determined to be in compliance with the requirements of the laws, rules and regulations enforced by the Department, stamp such documents approved.

      (C) Retention of approved engineering drawings. The Department will retain an electronic copy of the approved engineering drawings in folio (11 x 17) size, and return both sets of approved original engineering drawings to the applicant. The applicant shall retain the approved original engineering drawings, and make the standard (24 x 36) size set available to the Department representative at the time of inspection pursuant to R105-01(c)(3)(A).

   (2) Department inspection filing.

      (A) Submissions. Applications for Department inspection of a fire alarm system installation shall include the following documentation and such other information and documentation as the Department may require:

         (1) the Department’s “request for inspection” application form;

         (2) “as built” design and installation documents of the fire alarm system installation, and the facility in which it is installed, as actually constructed, formatted in folio (11 × 17) size, and containing: (a)  the information required by Building Code Section 907.1; and (b)  the Input/Output programming matrix and written certification required by R105-01(c)(2)(A)(3) and (4). If such “as built” design and installation documents cannot be filed at the time of submission of the request for inspection because installation work has not been completed, such “as built” documents may be submitted thereafter but no later than the date of inspection of the installation, either by filing them at the Bureau of Fire Prevention’s plan intake window or by providing them to the Department representative at the time of inspection of the installation.

         (3) a completed Input/Output programming matrix that defines the sequence of operation, as set forth in Annex A to Section A.10.6.2.3(9) of NFPA Standard 72; and

         (4) a written statement from a registered design professional, a person holding a license to engage in the business of installing, servicing and maintaining fire alarm systems issued by the New York Secretary of State pursuant to Article 6-D of the New York State General Business Law, or a master electrician licensed by the Department of Buildings and registered with the New York Secretary of State in accordance with such Article 6-D, certifying that a functional test has been conducted of the fire alarm system and the system operates as designed and in accordance with the Input/Output programming matrix. If such functional test cannot be conducted at the time of submission of the request for inspection because installation work has not been completed, such written certification may be submitted to the Department in accordance with R105-01(c)(2)(A)(2).

      (B) Acceptance. The Department will review such application for inspection and supporting documentation for completeness and/or other purposes, and if satisfactory, will authorize an inspection.

   (3) Inspection and approval of fire alarm system installation.

      (A) Availability of documents. The standard (24 × 36) size approved original engineering drawings of the fire alarm system installation, pursuant to R105-01(c)(1)(C), and a set of “as built” design and installation documents of the installation, pursuant to R105-01(c)(2)(A)(2), shall be made available for inspection by the Department representative at the time of inspection of the fire alarm system installation.

      (B) Filing with Department of Buildings. The “as built” design and installation documents submitted to and accepted by the Department will be electronically filed with the Department of Buildings by the Department as part of the applicant’s Department of Buildings application, unless another manner of filing such documents with the Department of Buildings is prescribed by the Department.

§ 109-01 FDNY Summons, Certification of Correction and Stipulation Procedures.

(a) Scope. This section sets forth procedures for the certification of correction and adjudication of violations issued by the Department and returnable to the New York City Office of Administrative Trials and Hearings (OATH).
  1. Definitions. The following terms shall, for the purposes of this section and as used elsewhere in the rules, have the meanings shown herein:

   FDNY summons. A form, formerly known as a notice of violation, that is used for purposes of enforcing the Fire Code, the rules, or other law, rule or regulation enforced by the Department, that serves to notify the respondent named therein of a violation of such laws, rules or regulations, orders correction of same, commences a proceeding at OATH, and sets forth information relating to such violation and proceeding.

   OATH. The New York City Office of Administrative Trials and Hearings, acting pursuant to Section 1049-a of the New York City Charter.

  1. Certification of Correction of Violations.

   (1) All FDNY summonses, except those that charge failure to certify correction, false certification or violation of a Commissioner’s order (other than the order to certify correction), shall include an order requiring the respondent to correct the conditions constituting the violations, and to file a certification with the Department that the conditions have been corrected.

   (2) The required certification shall be made on the certificate of correction form accompanying the FDNY summons issued by the Department representative. The certificate of correction shall be completed and signed by the respondent in accordance with the instructions set forth thereon, and shall be notarized by a notary public or commissioner of deeds. The respondent shall submit with the certificate of correction all documentation necessary and appropriate to demonstrate correction of the violations.

   (3) The signed and notarized certificate of correction shall be directed to:

      Administrative Enforcement Unit      Bureau of Legal Affairs      New York City Fire Department      9 MetroTech Center      Brooklyn, NY 11201-3857

   (4) The certificate of correction must be received by the Administrative Enforcement Unit of the Bureau of Legal Affairs no later than the close of business on the 35th calendar day from the date of offense set forth on the FDNY summons. Both the date of offense and the date for certification of correction are indicated on the face of the violation.

   (5) The filing of a certificate of correction in accordance with this section constitutes an admission to the offense charged and results in a finding of liability, but respondents cited for one (1) or more first offenses who, for each such condition, timely correct and file a certificate of correction that is accepted by the Department, are not required to appear for a hearing at OATH and avoid the imposition of a penalty on such violation.

   (6) When more than one (1) violation of a law, rule or regulation is cited on the same FDNY summons, the respondent may certify correction as to one (1) or more of such violations. However, respondent must appear for a hearing at OATH, as set forth on the FDNY summons, if certification of correction is not filed with and accepted by the Department for all of the violations cited on the FDNY summons.

   (7) The Department will review all certificates of correction and determine whether to accept them as satisfactory certification of correction. The Department will notify each respondent as to whether the certificate has been accepted, and, if it has not been accepted, advise the respondent of the deficiencies in the certification and the actions and/or proof required to correct the violations.

  1. Acceptance of Compliance Stipulations in Adjudications.

   (1) If the respondent admits to the violation but requires additional time to comply beyond the date indicated on the FDNY summons, the respondent may request a stipulation for compliance purposes.

   (2) The Department may agree to offer a stipulation to extend the time for correction, upon such terms and conditions as the Department determines to be reasonable. Such offer, and the finalization of any such stipulation, shall be consistent with 48 RCNY Chapter 3.

§ 109-02 Consolidation of Administrative Code Provisions For Enforcement Purposes.

(a) Scope. This section establishes violation categories for the purpose of enforcing the provisions of the New York City Fire Code (FC) (Title 29 of the Administrative Code); Title 15 of the Administrative Code (Fire Prevention and Control); the New York City Construction Codes (Title 28 of the Administrative Code); the rules promulgated by the Department and codified in Title 3 of the Rules of the City of New York (3 RCNY); and/or other laws, rules and regulations enforced by the Department. These violation categories will be cited by Department personnel in connection with the issuance of FDNY summonses returnable to OATH, in lieu of citation to a particular code or rule section.
  1. Violation Categories. The following violation categories are established for the aforementioned enforcement purposes:

   Violation Category 1: Portable Fire Extinguishers and Fire Hoses Failure to provide and/or maintain required portable fire extinguishers, fire hoses or other portable fire extinguishing devices, in violation of FC 303.5; 307.4; 307.5; 309.4; 309.7; 315.3; 317.5; 319.6; 603.3; 609.6; 901.4; 906.1; 906.2; 906.3; 1105.2; 1105.3; 1105.4; 1105.5; 1105.6; 1107.7; 1110.6; 1208.4; 1407.3; 1415.1; 1417.3; 1418.1; 1504.4; 1504.5; 1505.5; 1506.4; 1510.1; 1908.8; 1909.5; 2003.5; 2106.3; 2205.5; 2208.7; 2210.6; 2211.6; 2306.10; 2404.12; 2404.13; 2508.2; 2604.2; 2707.9; 2903.6; 2906.6; 3309.9; 3403.2; 3404.3; 3405.4; 3406.2; 3406.4; 3406.8; 3506.5; and 3808.2; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 2: Combustible Waste Containers Failure to provide a required container for combustible waste and/or store combustible waste in a required container, in violation of FC 304.3; 310.6; 1404.2; 1503.4; 1509.3; 2204.1; 2210.5; 2211.2; 2903.1; and 4204.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 3: Permits Failure to obtain, renew or otherwise possess a Department permit required for any material, operation or facility regulated by the Fire Code, in violation of FC105.6; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 4: Unlawful Quantity or Location of Regulated Material Manufacturing, storing, handling, using, transporting, selling or possessing hazardous materials, combustible materials, or other materials regulated by the Fire Code in an amount in excess of the quantity authorized by Department permit and/or the quantity or location restrictions for such materials set forth in the Fire Code or the rules, in violation of FC 105.1; 303.7; 309.1; 313.3; 315.5; 1206.2; 1206.3; 1406.3; 1406.4; 1406.5; 2210.2; 2306; 2307; 2308; 2703.1; 2703.11; 2706.6; 2806.2; 2806.3; 2806.4; 2806.5; 2904; 2905; 3404.3; 3404.4; 3405.3; 3504.1; 3504.2; 3508.3; 3805.3; 3809.12; and 4204.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 5: Recordkeeping Failure to maintain and/or produce required recordkeeping, including records of inspections, tests, servicing, fire watch, emergency preparedness drills and other operations and maintenance, in violation of FC 105.3; 107.2; 107.7; 311.5; 317.5; 401.3.6.1 (incorporating by reference former FC 405.5); 401.4; 401.5; 401.7; 401.8; 604.3; 606.1; 606.14; 609.7; 901.6; 901.7; 901.9; 904.11; 906.2; 907.20; 909.1; 909.2; 910.2; 1106.5; 1201.4; 1205.4; 1408.1; 2201.10; 2204.3; 2204.4; 2206.2; 2208.1; 2208.2; 2209.1; 2210.3; 2603.5; 2604.3; 2707.5; 3008.8; 3303.2; and 3307.16; and/or such other Fire Code or rule sections as provide therefor.

   Violation Category 6: Signs, Postings, Notices and Instructions Failure to provide and/or maintain required signs, postings, notices, and/or instructions, in violation of FC 105.3; 310.3; 310.5; 316.2; 401.2; 401.3.6.1 (incorporating by reference former FC 408.8; 408.9; 408.11; 408.14); 401.6; 405.5; 406.2; 410.4; 501.4; 503.2; 504.4; 505.2; 505.5; 510.1; 605.3; 606.7; 607.2; 608.7; 609.3; 703.2; 903.5; 904.3; 904.8; 904.10; 904.11; 906.6; 907.19; 912.4; 1027.7; 1103.2; 1105.7; 1106.3; 1204.2; 1205.1; 1404.1; 1405.4; 1406.2; 1409.1; 1418.1; 1503.2; 1507.4; 1510.6; 1607.1; 1703.3; 2107.1; 2204.1; 2204.2; 2205.4; 2208.1; 2208.8; 2209.1; 2210.5; 2210.6; 2211.8; 2305.3; 2404.6; 2603.6; 2609.3; 2609.5; 2703.5; 2703.6; 2703.7; 2703.11; 2704.3; 2906.5; 2906.6; 3003.2; 3008.8; 3304.6; 3307.3; 3307.13; 3403.5; 3404.2; 3404.3; 3405.4; 3406.2; 3406.4; 3406.8; 3503.1; 3705.3; 3807.2; 3903.3; 4003.3; 4006.2; 4006.6 and 4303.3; Administrative Code sections 28-103.1 and 15-127(c)(3); and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 7: Labels and Markings Failure to provide and/or maintain a required and/or approved label, or other marking, in violation of FC 112.3; 309.1; 313.5; 504.4; 505.1; 505.3; 505.4; 510.4; 512.4; 603.6; 605.7; 609.3; 803.1; 803.2; 1403.1; 1406.2; 1606.1; 2107.2; 2206.7; 2208.2; 2211.5; 2211.8; 2404.2; 2703.5; 2703.7; 2803.2; 3003.2; 3203.4; 3403.5; 3404.2; 3404.3; 3405.4; 3406.4; and 3704.2; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 8: Storage, Accumulation and Removal of Combustible Material and Waste Storage of combustible material, failure to timely remove combustible waste from the premises, and/or allowing the accumulation of combustible waste and/or vegetation upon a premises, in violation of FC 304.1; 304.2; 307.5; 311.3; 311.5; 315; 317.5; 318.3; 319.3; 606.10; 1027.3; 1027.4; 1103.3; 1106.4; 1205.1; 1404.2; 1405.3; 1605.1; 2210.5; 2404.5; 2503.3; 2604.1; 2604.3; 2609.4; 2703.12; 2704.11; 2705.3; 2903.1; 3003.5; 3204.3; 3304.7; 3404.4; 3406.2; 3504.2; 3604.3; 3807.3; 4203.2; and 4204.1; Administrative Code Section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 9: Rooftop Access and Means of Egress Failure to provide required rooftop access to, or required means of egress from, any premises or part thereof, free from obstructions or impediments, including unobstructed passage across the building parapet, unobstructed landing areas, and unobstructed clear paths, and overcrowding by reason of the presence of persons in locations that obstruct or impede egress, and/or failure to maintain rooftop access or means of egress, in violation of FC 315.2; 504; 801.6; 1001.2; 1027; 1411.1; 1411.2; 1504.3; 2404.4; 2404.18; 2804.3; 3003.3; 3404.3; 3406.4; 3506.3; 3809.4; and 4203.3; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 10: Overcrowding Failure to limit the number of persons in a premises or any part thereof, in violation of FC 107.6; 202; 403.2; and 1027.3; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 11: General Maintenance Failure to maintain devices, equipment, systems, facilities or premises, or part thereof, in good working order (except as otherwise provided in Violation Categories 6 and 7), in clean condition, or in compliance with other general maintenance or housekeeping requirements, in violation of FC 107.1; 304.1; 609; 1027.6; 1303.2; 1405.3; 2211.2; and 3304.8; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 12: Fire Protection Systems Failure to provide and/or maintain fire protection systems, including sprinkler systems and other fire extinguishing systems, standpipe systems, fire pumps, fire alarm systems, and/or other devices, and equipment associated with fire protection systems, or to prevent unnecessary alarms and unwarranted alarms, in violation of FC 901.6; 901.7; 901.9; 903.5; 903.6; 904.5; 904.6; 904.7; 904.8; 904.9; 904.10; 904.12; 904.13; 905.12; 907.20; 908.10; 909.1; 909.2; 910.2; 912.6; 913.5; 914.2; and 3406.4; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 13: Flame-Resistant Materials Failure to provide and/or maintain flame-resistant materials, in violation of FC 306.3; 805; 2404.2; and 2706.11; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 14: Fire-Rated Doors and Windows Failure to provide, protect and/or maintain a required door or window, including fire-rated doors, self-closing doors, access doors, or fire-rated glass, in violation of FC 703.2; 703.4; 2306.6; 2604.1; and 2804.6; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 15: Fire-Rated Construction Failure to provide and/or maintain required fire-rated construction, including walls and other partitions, in violation of FC 311.2; 311.5; 315.2; 703.1; 1404.8; 1803.14; 2306.3; 2604.1; 2706.6; 2904; and 3006.2; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 16: Ventilation Failure to provide and/or maintain required and/or approved natural or mechanical ventilation, including required devices, equipment or systems, in violation of FC 309.1; 309.3; 608.6; 609; 904.11; 1204.2; 1205.2; 1205.3; 1405.2; 1504.2; 1504.3; 1504.4; 1504.5; 1505.3; 1505.4; 1506.3; 1507.3; 1509.2; 1510.5; 1803.14; 2005.5; 2211.4; 2211.7; 3006.2; 3007.2; 3008.5; 3404; 3405; 3406; 3506.3; and 3803.2; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 17: Certificates of Fitness and Certificates of Qualification Failure to obtain and/or produce a certificate of fitness and/or certificate of qualification for the supervision and/or operation of materials, operations and/or facilities, in violation of FC 303.4; 306.2; 307.6; 313.5; 317.3; 401.3; 401.3.6.1 (incorporating by reference former FC 401.6; 401.7; 403.1); 401.4; 401.5; 403.1; 404.3; 405.3; 405.4; 407.2; 407.3; 601.4; 603.1; 606.1; 609.4; 801.7; 901.6; 901.7; 905.1; 914.3; 1110.6; 1201.4; 1403.6; 1404.5; 1406.2; 1408.1; 1418.1; 1501.4; 1701.4; 2201.7; 2201.8; 2211.1; 2404.20; 2603.4; 2604.2; 2706.4; 2707.7; 2801.3; 2906.4; 2906.8; 3001.4; 3101.4; 3201.4; 3301.5; 3401.6; 3406.2; 3406.4; 3501.4; 3510.3; 3601.4; 3701.5; 3801.5; 3901.5; 4001.4; 4101.5; 4201.5; 4301.5; and 4401.5; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 18: Certificates of Approval, Certificates of License and Company Certificates Failure to obtain and/or produce a certificate of approval, certificate of license or company certificate, in violation of FC 801.8; 901.4; 901.6; 1025.5; 1501.5; 1701.4; 2201.9; 2601.7; 3301.5; 3401.8; and 3507.3; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 19: Affidavits, Design and Installation Documents and Other Documentation Failure to prepare, produce, file with the Department and/or submit for Department approval affidavits, applications, certifications, design and installation documents and/or other required documentation, in violation of FC 105.2; 105.3; 105.4; 407.4; 2703.4; and 3406.4; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 20: Inspection and Testing Failure to conduct a required initial or periodic inspection or test of any device, equipment, system, facility or premises, in violation of FC 105.4; 508.4; 508.5; 511.2; 604.4; 606.6; 903.5; 903.6; 904.1; 904.11; 905.12; 912.6; 913.5; 1106.19; 1107.6; 2206.9; 3403.6; 3404.2; and 3406.4; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 21: Portable Containers Failure to provide or use a required container, in violation of FC 2204.1; 2210.3; 3003.1; 3203.1; 3404.3; 3405.2; and 3406.2; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 22: Stationary Tanks Failure to provide a required stationary tank storage system, including aboveground or underground flammable or combustible liquid storage tank systems, and devices and equipment associated with such systems, in violation of FC 1207.3; 2009.2; 2206.2; and 3404; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 23: Storage Facilities Failure to provide a required storage facility, including storage cabinets, enclosures, rooms or vaults, in violation of FC 609.2; 1406.3; 1406.4; 2703.8; 2706.8; 2904; 3003.5; 3104; 3404.3; 3504; 3604; 3703; 3809; 3904; 4004; 4104; 4204; 4304; and 4404; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 24: Storage of Hazardous Materials and Commodities Failure to provide required racks and shelf storage, and/or failure to store hazardous materials, commodities or other goods in an approved manner, in violation of FC 2307; 2308; and 3404.3; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 25: Electrical Hazards Failure to provide and/or maintain required electrical devices and/or equipment (except as otherwise provided in Violation Category 27 for electrical lighting hazards), and/or allow electrical hazards to exist, in any facility or premises, in violation of FC 603.1; 604.1; 605; 606.15; 804.3; 904.3; 1106.3; 1106.5; 1204.2; 1404.7; 1503.2; 1504.4; 1504.5; 1505.7; 1506.4; 1510.3; 1604.2; 1703.2; 2004; 2005.6; 2201.5; 2204.1; 2208.1; 2208.8; 2209.2; 2211.3; 2211.8; 2606; 2703.8; 2704.7; 2705.1; 3003.6; 3008.5; 3203.6; 3403.1; 3405.3; 3406.5; 3406.8; 3504.2; 3704.2; 3809.14; 3904.1; and 3904.2; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 26: Heating and Refrigerating Equipment and Systems Failure to provide and/or maintain required heating and/or refrigerating systems and/or devices and equipment associated with such equipment or systems, in violation of FC 313.6; 315.2; 603.5; 605.10; 606.5; 606.8; 606.9; 606.11; 606.12; 908.6; 1204.2; 1303.1; 1403.5 1503.2; 1504.3; 2005.6; 2201.6; 2210.2; 2404.15; 3304.6; 3405.3; 3406.4; and 4204.4; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 27: Electrical Lighting Hazards Failure to provide and/or maintain required lighting devices or equipment and/or protection therefor, in violation of FC 605.2; 605.9; 605.11; 1504.3; 1604.4; 2404.9; 2705.1; 3203.10; and 4203.4; Administrative Code section 28-103.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 28: Open Fires, Open Flames and Sparks Causing or allowing an open fire, open flame or sparking device or equipment to be built, kindled, lit, maintained, operated or used, and/or failure to provide protection therefor, in violation of FC 307.1; 307.5; 307.6; 308; 309.1; 309.5; 309.6; 317.2; 319.3; 804.3; 1104.6; 1106.10; 1303.1; 1404.3; 1503.2; 1606.2; 1703.2; 2003.6; 2005.6; 2204.1; 2208.1; 2210.5; 2504.1; 2604; 2605.5; 2703.7; 2904.6; 3304.7; and 3309.11; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 29: Designated Handling and Use Rooms or Areas Failure to provide a required room or area for handling and/or use of materials, operations or other activity regulated by the Fire Code, in violation of FC 310.2; 1504.2; 1504.5; 2601.3; 2705; 3105.1; 3405.3; 3505.1; 3605.1; 3703; 3905.1; 4005.1; 4105.1; 4204.1; 4305.1; and 4405.1; and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

   Violation Category 30: Emergency Planning and Preparedness Failure to comply with emergency planning and preparedness requirements (except as otherwise provided in Violation Categories 5, 6 and 17), in violation of FC Chapter 4, including 401.3.6.1 (incorporating by reference former FC 404); and/or such other Fire Code, Administrative Code, or rule sections as provide therefor.

§ 109-03 Penalty Schedule for FDNY Summonses.

(a) Scope. This section establishes a penalty schedule for violations of the laws, rules and regulations enforced by the Department, cited by Department personnel in FDNY Summonses returnable to OATH for adjudication. This penalty schedule is not applicable to violations returnable to, or adjudicated by, any other forum.
  1. Penalty Schedule. The penalty schedule, annexed hereto as Appendix A, sets forth six (6) types of penalties, three for first violations and three for second and subsequent violations.

   (1) First violation penalty. This penalty will be applied to the first violation committed by the respondent, provided that the respondent appears at OATH in response to the violation. Violations for which the respondent timely certifies correction (in the manner and by the date specified on the FDNY Summons, in accordance with Administrative Code § 15-230 and R109-01) and the Department accepts proof of correction, do not require an appearance by either party and are not subject to civil penalty.

   (2) First violation mitigated penalty. This reduced penalty will be applied to a first violation, provided that the respondent appears at OATH in response to the violation and establishes that the violating condition has been corrected on or before the hearing date set forth on the FDNY Summons.

   (3) First violation maximum penalty. This is the maximum penalty provided by law for a first violation. It will be imposed when the respondent defaults on the violation or otherwise fails to appear or respond to a violation.

   (4) Second/subsequent violation penalty. This penalty will be applied to the second and each subsequent violation committed by the same respondent, for the same provision of law, rule, regulation or Violation Category within 18 months of the first violation, as set forth in Administrative Code § 15-229(a), provided that the respondent appears at OATH in response to the violation. All second and subsequent violations require an appearance and are subject to penalty. Special provisions apply to FDNY Summons for unnecessary and unwarranted alarms, as set forth in R907-01.

   (5) Second/subsequent violation mitigated penalty. This reduced penalty will be applied to a second and each subsequent violation, provided that the respondent appears at OATH in response to the violation and establishes that the violating condition has been corrected prior to the hearing.

   (6) Second/subsequent violation maximum penalty. This is the maximum penalty provided by law for a second and each subsequent violation. It will be imposed when the respondent defaults on the violation or otherwise fails to appear or respond to a second or subsequent violation.

   (7) Penalties for Administrative Code violations. The penalty schedule also sets forth penalties for violations of Administrative Code §§ 15-220.1 and 231 and FC1404.1. There is no mitigated penalty for such violations.

APPENDIX A TO 3 RCNY § 109-03FDNY SUMMONS PENALTY TABLE

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VC 1 Portable Fire Extinguishers and Fire Hoses BF01 600 300 1,000 1,500 750 5,000
VC 2 Combustible Waste Containers BF02 500 250 1,000 1,500 750 5,000
VC 3 Permits BF03 700 350 1,000 1,750 875 5,000
VC 4 Unlawful Quantity or Location of Regulated Material BF04 600 300 1,000 1,500 750 5,000
VC 5 Recordkeeping BF05 700 350 1,000 1,750 900 5,000
VC 6 Signs, Postings, Notices and Instructions BF06 600 300 1,000 1,500 750 5,000
VC 7 Labels and Markings BF07 600 300 1,000 1,500 750 5,000
VC 8 Storage, Accumulation and Removal of Combustible Material and Waste BF08 700 350 1,000 1,750 900 5,000
VC 9 Rooftop Access and Means of Egress BF09 950 475 1,000 2,375 1,185 5,000
VC 10 Overcrowding BF10 950 475 1,000 2,375 1,185 5,000
VC 11 General Maintenance BF11 750 375 1,000 1,875 935 5,000
VC 12 Fire Protection Systems BF12 950 475 1,000 2,375 1,200 5,000
VC-12 Fire Protection Systems – Failure to Prevent Unnecessary/Unwarranted Alarms BF-35 750 375 1,000 1,875 935 5,000
VC 13 Flame-Resistant Material s BF13 900 450 1,000 2,250 1,125 5,000
VC 14 Fire-Rated Doors and Windows BF14 900 450 1,000 2,250 1,125 5,000
VC 15 Fire-Rated Construction BF15 900 450 1,000 2,250 1,125 5,000
VC 16 Ventilation BF16 900 450 1,000 2,250 1,125 5,000
VC 17 Certificates of Fitness and Certificates of Qualification BF17 750 375 1,000 1,875 935 5,000
VC 18 Certificates of Approval, Certificates of License and Company Certificates BF18 750 375 1,000 1,875 935 5,000
VC 19 Affidavits, Design and Installation Documents and Other Documentation BF19 600 300 1,000 1,500 750 5,000
VC 20 Inspection and Testing BF20 600 300 1,000 1,500 750 5,000
VC 21 Portable Containers BF21 600 300 1,000 1,500 750 5,000
VC 22 Stationary Tanks BF22 750 375 1,000 1,875 935 5,000
VC 23 Storage Facilities BF23 500 250 1,000 1,500 750 5,000
VC 24 Storage of Hazardous Materials and Commodities BF24 500 250 1,000 1,500 750 5,000
VC 25 Electrical Hazards BF25 900 450 1,000 2,250 1,125 5,000
VC 26 Heating and Refrigerating Equipment and Systems BF26 750 375 1,000 1,875 935 5,000
VC 27 Electrical Lighting Hazards BF27 750 375 1,000 1,875 935 5,000
VC 28 Open Fires, Open Flames and Sparks BF28 900 450 1,000 2,250 1,125 5,000
VC 29 Designated Handling and Use Rooms or Areas BF29 600 300 1,000 1,500 750 5,000
VC 30 Emergency Planning and Preparedness BF30 950 475 1,000 2,250 1,200 5,000
Admin. Code § 15-220.1 False Certification BF32 2,500 None 5,000 4,500 None 5,000
Admin. Code § 15-231 Failure to Comply with Commissioner’s Order to Correct and Certify BF31 1,250 None 5,000 3,500 None 5,000
FC 1404.1 Smoking on Construction Site BF33 1,000 None 1,000 2,400 None 2,400

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§ 112-01 Certificates of Approval.

(a) Scope. This section sets forth standards, requirements and procedures for the issuance of certificates of approval for articles, equipment and devices required by the Fire Code to be of a type for which such certificate has been issued.
  1. General Provisions.

   (1) Certificate of approval required. The following articles, equipment and devices are required to be of a type for which a certificate of approval has been issued:

      (A) Flame-retardant chemicals and treatments, as set forth in FC801.8.

      (B) Bars, grills, grates or similar devices placed over emergency escape and rescue openings, and openings onto fire escapes, as set forth in FC1025.5.

      (C) Pre-engineered non-water fire extinguishing systems, including foam fire extinguishing systems, as set forth in FC901.4.5(1).

      (D) Prefabricated hoods and grease filters installed in connection with commercial cooking systems, as set forth in FC901.4.5(2).

      (E) Fire Department connections, standpipe system hose outlets and pressure reducing valves, as set forth in FC901.4.5(3).

      (F) Fire alarm system control panels, as set forth in FC901.4.5(4).

      (G) Pre-manufactured spray rooms and pre-manufactured spray booths, as set forth in FC 1504.1.1.2 and 1504.1.2.6, respectively.

      (H) Ventilated metal lockers used for the storage of liquefied petroleum gases, as set forth in this section.

   (2) Revocation of New York City Board of Standards and Appeal Approvals. Articles, equipment and devices regulated by the Fire Code as to which there was a New York City Board of Standards and Appeals approval in effect on July 1, 2008, may continue to be installed and used, provided that such article, equipment or device is installed and used in compliance with the Fire Code and the rules, except as follows:

      (A) Flameproofing chemicals. Approvals for all flameproofing chemicals given by the New York City Board of Standards and Appeals were revoked on January 1, 2001.

      (B) Fire escape window gates. Approvals of all bars, grilles, grates or similar devices designed to be placed over openings onto fire escapes that were given by the New York City Board of Standards and Appeals are revoked as of the effective date of this section, except that pre-existing installations may continue to be used in compliance with the requirements of R102-01 and the operational and maintenance requirements of R1025-01.

  1. General Application Requirements. Applicants for a certificate of approval shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such certificate in accordance with FC112 and this section.

   (1) Application forms and information. Information relating to certificates of approval and application procedures, including application forms, may be obtained from the Department’s web site, www.nyc.gov/fdny, and from the Technology Management Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.

   (2) Submission. Applications for certificates of approval shall be made by a principal or officer of the manufacturer of the article, equipment or device for which such certificate is sought, or other person or company authorized to represent the manufacturer. Original and renewal applications may be filed with the Department in person or by mail, together with the non-refundable application fee.

   (3) Abandoned applications. An application for a certificate of approval shall be deemed to have been abandoned six (6) months after the date of filing, unless such application has been diligently prosecuted or a certificate of approval has been issued. The Department may, in its discretion, grant one (1) or more extensions of time for additional periods not exceeding 90 days each, if there is good cause.

   (4) Original applications. Applications for certificates of approval shall include the following information and documentation, and such other information and documentation as the Department may require:

      (A) the corporate and trade names of the manufacturer of the article, equipment and device, its principal address and any New York City address, and contact information;

      (B) the name and contact information of the manufacturer’s authorized representative, if any;

      (C) a detailed description of the design and the intended installation and/or use of the article, equipment or device; and

      (D) the report of a nationally recognized testing laboratory or other approved organization approving the listing of the article, equipment or device, if such listing is required.

   (5) Examination, demonstration and testing. The Department will notify the applicant if examination, demonstration or further testing of the article, equipment or device will be required.

   (6) Renewal applications. An application for renewal of a certificate of approval shall disclose any changes in the design or intended installation and/or use of the article, equipment or device, and the following information and documentation:

      (A) Evidence demonstrating that the article, equipment or device complies with the requirements of all applicable Fire Code and rule provisions enacted or adopted after the date of approval of the original application or prior renewal.

      (B) Where required as a condition of approval, evidence that the article, equipment or device has a current listing.

   (7) Conditions of approval. An original or renewal application will not be granted and a certificate of approval will not be issued unless the applicant acknowledges and accepts the conditions of approval. Such acknowledgement and acceptance shall be in the form of an affidavit or other form prescribed by the Department.

   (8) Appeals. Any applicant aggrieved by a determination rendered upon an application for a certificate of approval may appeal such determination in accordance with the provisions of R104-01.

  1. Special Application Requirements. In addition to the general application requirements set forth in R112-01(c), applications for the following certificates of approval shall include the following information and documentation:

   (1) Flame-retardant chemicals and treatments. Applications for a certificate of approval for flame-retardant chemicals and treatments shall include the following information and documentation:

      (A) a copy of the Material Safety Data Sheet for the flame-retardant chemical;

      (B) a report approving the listing of the flame-resistance chemicals and treatments that certifies that such chemicals and treatments have passed either Test 1 or Test 2 of NFPA 701. Such report shall indicate the flame-retardant chemicals tested, the manner in which they were applied, the materials to which they were applied, and such other information or documentation as the Department may require to demonstrate the flame-resistance imparted by such chemicals and treatments; and

      (C) an affidavit, executed by a principal or officer of the applicant, setting forth the following information:

         (1) the chemical’s trade name;

         (2) the types of material that may be satisfactorily treated with the chemical;

         (3) the required or recommended manner in which such chemical shall be applied;

         (4) the period of time that the flame-resistant chemical will impart flame resistance to the material; and

         (5) a certification as to the effect, if any, that normal handling of the decoration (including washing, dry cleaning, ironing and sewing), will have on the effectiveness of the flame-resistant material.

   (2) Fire escapes and emergency escape and rescue openings window gates. Applications for a certificate of approval for a window gate for a fire escape or emergency escape and rescue opening, or similar device, shall demonstrate to the satisfaction of the Department that such device complies the requirements of R1025-01.

  1. Revocation. A certificate of approval shall be automatically revoked upon the happening of any of the following events:

   (1) the article, equipment or device cannot be installed or used in compliance with the Fire Code or the rules;

   (2) change of ownership or corporate name;

   (3) change in manufacturing process;

   (4) change of product name;

   (5) change of product model number;

   (6) change in design;

   (7) change in testing laboratory listing (including amendment or approval conditions, or revocation); or

   (8) noncompliance with any of the original conditions of acceptance as specified in the certificate of approval.

§ 113-01 Certificates of Fitness and Certificates of Qualification.

(a) Scope. This section sets forth general standards, requirements and procedures for issuance of certificates of fitness and certificates of qualification.
  1. General Provisions.

   (1) Minimum qualifications and general requirements. Applicants for certificates of fitness and certificates of qualification shall meet the minimum qualifications and comply with the general requirements set forth in FC113 and this section. Holders of certificates of fitness and certificates of qualification shall maintain all qualifications and comply with all requirements throughout the term of the certificate.

      (A) Applicants for certificates of fitness for FLS director shall additionally comply with the requirements set forth in R113-02.

      (B) Applicants for certificates of fitness to inspect and clean commercial cooking exhaust systems shall additionally comply with the requirements set forth in R113-08.

      (C) Applicants for certificates of fitness for construction site fire safety manager shall additionally comply with the requirements set forth in R113-11.

   (2) Change of address or work location. All applicants and certificate holders are required to promptly notify the Department of any change in the applicant’s or certificate holder’s residence address, any change in work location when such location is required for and/or indicated on such certificate, and such other information as the Department may require.

  1. General Application Requirements. Applicants for a certificate of fitness or certificate of qualification shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such a certificate in accordance with FC113, the rules and the applicable notice of examination.

   (1) Application forms and information. Information relating to certificate requirements and application and examination procedures, including application forms, notices of examination, examination study materials, and a list of accredited training courses for certificates for which completion of a Department-accredited training course is a qualification, may be obtained from the Department’s web site, www.nyc.gov/fdny, and from the Licensing Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.

   (2) Submission. Original applications for certificates shall be filed in person with the Licensing Unit of the Bureau of Fire Prevention. Renewal certificate applications may be filed in person or by mail, except as may be otherwise specified by the Department.

   (3) Incomplete applications. The Department reserves the right not to accept for filing any application that is incomplete or otherwise deficient, including any application that is submitted without the required supporting documentation or application fee. The Department will provide the applicant notice of any application that is not accepted, and, except for applications determined to be fraudulent, shall afford the applicant a reasonable time to correct or supplement such application. Original applications not corrected or supplemented within 30 days of the applicant’s being notified will be deemed abandoned.

   (4) Examinations. Except as otherwise provided in this section, applicants for an original certificate must obtain a passing score on the applicable examination administered by the Department.

   (5) Identification. Applicants for an original certificate shall provide two (2) pieces of picture identification satisfactory to the Department, such as a driver’s license, passport or employee identification card. The Department reserves the right to require additional identification.

   (6) Photographs. All applicants for an original certificate will be photographed by the Department for identification purposes. The Department may require a certificate holder filing for renewal of his or her certificate to report to the Department to be photographed. Failure to comply with such a notice constitutes grounds for non-renewal of the certificate. In lieu of, or in addition to, such photographs, the Department may require submission of two (2) passport-size photographs in connection with an original or renewal certificate application.

   (7) Fees. Application fees relating to certificates of fitness and certificates of qualification, including any written examination and practical examination, shall be as set forth in FC Appendix A or the rules. Except as otherwise authorized by the Department, fees shall be paid in cash, check or money order payable to the “New York City Fire Department.”

      (A) Written examination fees shall be paid at the time of submission of the application. Such fees are non-refundable.

      (B) Applicants for a practical examination will be notified of the date by which the applicable examination fee must be paid. Such examination fees are non-refundable, except when applicants give proper and timely notice of cancellation in accordance with the procedures set forth in the Department`s notice of examination or other applicable notice.

   (8) Applicants delinquent on child support payments. In accordance with the United States Social Security Act, 42 U.S.C. § 666(a)(13), and New York State General Obligations Law § 3-503, applications for original or renewal certificates will be reviewed for compliance with child support obligations and will be denied when required by such laws when the applicant has been identified by the Office of Child Support Enforcement of the New York City Human Resources Administration (or any successor agency) as delinquent on child support payments. Applicants for certificates will be required to disclose their social security numbers on their applications for purposes of such review.

  1. Examinations.

   (1) All written examinations, and the practical (computer simulator) examination for certificates of qualification, will be administered by the Licensing Unit of the Bureau of Fire Prevention at Fire Department Headquarters, except as may be otherwise specified by the Department in the notice of examination or other appropriate notice. Practical (on-site) examinations for fire safety director and fire safety/EAP director will be administered by such personnel and at such locations as may be specified by the Department in the notice of examination or other appropriate notice.

   (2) All examinations will be conducted in the English language.

   (3) The subject matter of an examination, and, for any numerically-graded certificate examination, the passing grade, shall be as set forth on the Department’s notice of examination. The passing grade shall be set at 70% unless otherwise specified in such notice of examination.

   (4) An applicant will be provided written notice of his or her examination grade.

   (5) An applicant who fails to obtain a passing grade on a written, practical, or practical (on-site) examination may re-take the examination, subject to the availability of Department resources and appointments. The required fee must be paid by the applicant each time he or she is administered an examination. An applicant for a certificate of fitness that requires successful completion of a Department-accredited training course may be given two (2) opportunities to pass each written and practical examination for the certificate. An applicant who fails to obtain a passing grade after the second examination will be required to re-take and successfully complete the training course in its entirety and re-apply for the certificate of fitness.

   (6) In lieu of a written examination for a certificate of fitness, the Department, in its discretion, may accept educational credentials or professional licenses or certifications that demonstrate the applicant’s knowledge of, or proficiency in, the subject matter for which the certificate is required.

   (7) In addition to any required written examination, applicants for certificates of fitness relating to the storage, handling or use of explosives in connection with blasting operations may be required to pass an oral examination administered by the Explosives Unit of the Bureau of Fire Prevention as set forth in the applicable notice of examination.

  1. Certificates of Fitness Application Requirements.

   (1) In addition to general application requirements set forth in R113-01(c), applicants for a certificate of fitness shall submit the following proof of qualifications and fitness and such other information and documentation as the Department may require. The Department will not accept such proof if its validity cannot be satisfactorily verified.

      (A) A driver’s license, passport, birth certificate or other proof satisfactory to the Department that the applicant meets the minimum age requirements set forth in FC113.4.

      (B) Except as otherwise provided in this section, a letter of recommendation satisfactory to the Department, from the applicant’s employer, previous employer, prospective employer, trade school or trade union. Such letter shall be on the letterhead of such employer, trade school or trade union; be signed by the employer, or an officer of the trade school or trade union (and indicate such officer’s title); and contain the following information: (1)  the full name of the applicant and any other name under which the applicant may be known; (2)  the length of time the applicant has been known to the employer, trade school or trade union, the nature of the applicant’s employment or training, and the length of time such employment or training was pursued and whether it was satisfactorily completed; (3)  the address of the building wherein the applicant will be employed, if applicable; (4)  information attesting to the good character, habits and relevant or required work experience or training of the applicant; and (5)  information indicating that the applicant’s physical condition will permit the applicant to perform the duties associated with the certificate for which application is being made.

      (C) Applicants for certificates of fitness who are self-employed shall submit, in lieu of letter of recommendation from a previous or prospective employer, a notarized written statement containing the information required by R113-01(e)(1)(B).

   (2) Special application requirements.

      (A) Applicants for certificates of fitness for blasting operations and special effects shall submit proof of not less than two years’ satisfactory experience in handling the type of explosives or special effects for which a certificate of fitness is sought. Such proof shall include notarized letters from two (2) holders of a certificate of fitness for blasting operations, or from two (2) holders of a certificate of fitness for special effects, respectively, attesting to the applicant’s character, habits and relevant work experience.

      (B) Applicants for a certificate of fitness for fireworks display shall have attended a class conducted by a company holding a fireworks contractor certificate and shall submit notarized letters from two (2) holders of a certificate of fitness for fireworks displays attesting to the applicant’s character, habits and relevant work experience.

      (C) Applicants for a certificate of fitness for supervision of a standpipe system and/or sprinkler system shall obtain from their employer and submit as part of their application a sketch or plan of the standpipe and/or sprinkler systems that the applicant would be responsible for supervising.

  1. Certificate of Qualification Application Requirements.

   (1) Original applications. In addition to general application requirements set forth in R113-01(c), applicants for an original certificate of qualification shall submit the following proof of qualifications and fitness and such other information and documentation as the Department may require:

      (A) A driver’s license, passport, birth certificate or other proof satisfactory to the Department that the applicant satisfies the minimum age requirements set forth in FC113.4;

      (B) A high school diploma, or its educational equivalent, approved by a state’s Department of Education, or an approved accrediting organization;

      (C) A Universal Technician Certification issued by the United States Environmental Protection Agency pursuant to Subpart F of Part 82 of Title 40 of the Code of Federal Regulations; and

      (D) Proof of the following experience and/or qualifications in refrigerating systems or related technology:

         (1) at least one (1) year of practical experience in the preceding three (3) years working in a building or plant with refrigerating or air conditioning equipment that, at a minimum, has an individual system containing over 50 pounds of refrigerant, or a prime mover or compressor of more than 50 horsepower, or an aggregate of individual systems of more than 15 horsepower each with a total of more than 100 horsepower; or

         (2) at least one (1) year of practical experience in the preceding three (3) years engaged in the servicing and repair of refrigerating or air conditioning equipment rated at five (5) horsepower or more, or containing 20 pounds or more of refrigerant; or

         (3) a combination of practical experience as set forth in R113-01(f)(1)(D)(1) and (2) that is satisfactory to the Department; or

         (4) a current high pressure boiler operating engineer license issued by the Department of Buildings; or

         (5) a current marine engineer certificate issued by the United States Coast Guard; or

         (6) a current Professional Engineer’s license issued in the United States; or

         (7) have satisfactorily completed a training course accredited by the Department in refrigerating systems and related technology, of at least 200 hours duration, at least 25 hours of which shall have involved practical skills exercises/hands-on demonstrations.

   (2) Renewal applications. On or after January 1, 2016, the holder of a certificate of qualification who has not successfully completed a course that addressed issues of building operation, maintenance and recordkeeping, as set forth in R113-07(c)(2)(V), shall, at the time of the next renewal of such certificate, present evidence of the successful completion of such a course. Such course shall be conducted by an institution or program accredited by the Department pursuant to R113-04 and R113-12. Applicants that can demonstrate that they have successfully completed a continuing education course in building operations, maintenance and recordkeeping in connection with the renewal of their certificate of fitness for fire safety director, as set forth in R113-02(c)(7), shall be deemed to have satisfied this requirement.

   (3) Registration of work locations.

      (A) Certificate of qualification applicants or holders must register each work location at which they will be performing the duties of a refrigerating system operating engineer.

      (B) A certificate of qualification does not authorize the holder to perform such duties at any location other than work locations registered with the Department. A certificate of qualification holder shall not perform any duties requiring such certificate until such time a work location has been registered in accordance with this section. A certificate of qualification that does not have a work location registered with the Department shall be deemed “Not in Use” (inactive) and not valid to perform the duties of a refrigerating system operating engineer.

      (C) To register a work location, a certificate of qualification applicant or holder shall submit a letter from the employer for whom he or she will be performing the duties of a certificate of qualification holder. Such letter shall be on business letterhead, and signed by an appropriate officer of the employer, and provide the following information and documentation:

         (1) full name of the applicant;

         (2) premises address, building designation and location of system to be supervised by the certificate holder (for example: 500 East 150th Street, B building, basement, east wing, Room B101);

         (3) name of the manufacturer of the refrigerating system;

         (4) type and number of pounds of refrigerant in the system;

         (5) horsepower rating of the refrigerating system;

         (6) date of installation of the refrigerating system; and

         (7) a copy of the Department permit for such refrigerating system.

      (D) Certificate of qualification applicants or holders seeking to register more than one (1) work location shall present a letter from the employer for each work location. In addition to the information and documentation set forth above, such letter shall indicate the days and specific hours worked, and specify whether or not the certificate holder would be providing personal or general supervision of the equipment in accordance with the requirements of FC606.1.1. A certificate of qualification shall not be registered for more than one (1) work location for the same day and time if personal supervision is required at more than one (1) such location.

      (E) Certificate of qualification holders seeking to change a registered work location shall register such work location in accordance with the procedures set forth in this section.

  1. Misconduct. In addition to any other penalties provided by law, misconduct on the part of an applicant or holder of a certificate of fitness or certificate of qualification shall be grounds for denial, non-renewal, suspension or revocation of a certificate, and denial of an application for a certificate or the opportunity to take a certificate examination. Such misconduct includes, but is not limited to:

   (1) the failure of a certificate holder to properly discharge his or her duties;

   (2) any false and fraudulent conduct in connection with an application for a certificate or the duties of a certificate holder, including:

      (A) any false or fraudulent statement or submission;

      (B) any unauthorized alteration or use of a certificate or possession of any fraudulent certificate;

      (C) cheating on an examination; and

      (D) impersonating another or allowing oneself to be impersonated;

   (3) the failure to promptly notify the Department of any change in the applicant’s or certificate holder’s residence address, work location, or any other notifications required pursuant to R113-01(b)(2).

   (4) any other unlawful or unsafe conduct that bears on the integrity or reliability of an applicant or certificate holder; and

   (5) compromising the integrity or confidentiality of a Department examination.

§ 113-02 Fire and Life Safety Director Certificate of Fitness.

(a) Scope. This section sets forth standards, requirements and procedures for issuance of a certificate of fitness to perform the duties of an FLS director, including the process by which holders of a certificate of fitness for fire safety director or fire safety/EAP director may obtain a certificate of fitness for FLS director.
  1. General Provisions. Applicants for FLS director certificates of fitness shall meet the minimum qualifications and comply with the general requirements for a certificate of fitness set forth in FC113 and R113-01.
  2. Qualifications. In addition to the qualifications set forth in FC113 and R113-01, and except as otherwise provided in R113-02(f), applicants for an FLS director certificate of fitness shall possess and demonstrate to the satisfaction of the Department the following qualifications:

   (1) At least three (3) years’ full-time work experience in one or more of the following fields (in any combination thereof), OR 18 months’ full-time work experience in one or more of the following fields (in any combination thereof) that includes at least six (6) months of continuous employment at one work location:

      (A) firefighting or other public safety emergency response employment;

      (B) any fire safety-related employment, including code enforcement, fire safety inspection, fire prevention or emergency preparedness;

      (C) the design, installation, operation or maintenance of building fire protection, electrical, plumbing, heating, ventilation, or air conditioning systems, or other building system regulated by the construction codes; or

      (D) equivalent experience acceptable to the Department;

   (2) Successful completion of an FLS director training course accredited by the Department pursuant to R113-04 and R113-05;

   (3) Receipt of a passing grade on each of the Department’s written examinations for an FLS director certificate of fitness, which tests the applicant’s knowledge of matters having a bearing on the duties of an FLS director. The Department will issue a certificate of completion to each applicant who meets the requirements set forth in R113-01(c)(1) and (c)(2) and receives a passing grade on the written examinations. Such certificate of completion shall be included in the practical (on-site) examination application;

   (4) Receipt of a passing grade on the practical (on-site) examination administered by the Department, which tests the applicant’s knowledge of the characteristics and occupancy of each work location in which the applicant is to serve as FLS director (as set forth in R113-02(e)), including knowledge of the following information:

      (A) FLS plan provisions and Building Information Card;

      (B) Certificate of occupancy provisions;

      (C) Height, area, construction and occupancy classification;

      (D) Number, type and location of exits;

      (E) Number, type and location of areas of refuge, if any;

      (F) Number, type and location of elevators and escalators;

      (G) Interior fire alarms and other fire alarm systems or communication systems;

      (H) Standpipe system components and operation;

      (I) Sprinkler system components and operation, including fire pumps;

      (J) Fire extinguishing system components and operation;

      (K) Number of persons normally employed in building;

      (L) Number of persons normally visiting the building;

      (M) Plan for drills (fire and non-fire emergencies);

      (N) Table of organization for drills and for FLS staff;

      (O) Operation of building service equipment, including electrical, lighting, heating, ventilating, air-conditioning and firefighting equipment, and trash compactors;

      (P) Operation of elevators, including firefighter emergency service and other elevator service modes;

      (Q) Alterations and repair operations and the protective and preventive measures necessary to safeguard such operations, with particular attention to hot work operations and the storage, handling and use of flammable liquids, combustible liquids and flammable gases;

      (R) Other occupancies in the building and the proper protection and maintenance thereof including but not limited to day care facilities and places of assembly, and

      (S) Procedures for assisting persons with special needs.

   (5) Physical ability to perform the duties of the position; and

   (6) At the time of renewal of an FLS director certificate of fitness, receipt of a passing grade on a practical (on-site) examination administered by the Department, when required by R113-02(e)(3).

  1. Application Procedures. Applicants must complete each of the following steps in order to be eligible for an FLS director certificate of fitness:

   (1) Secure the experience necessary to satisfy the minimum qualifications for the certificate;

   (2) Attend and successfully complete an FLS director training course accredited by the Department pursuant to R113-04 and R113-05;

   (3) Within nine (9) months of successfully completing the FLS director training course, apply for and receive a passing grade on the fire safety component of the FLS director written examination administered by the Department. An applicant need not be currently employed as an FLS director to take the written examination;

   (4) Within nine (9) months of receiving a passing grade on the fire safety component of the FLS director written examination, apply for and receive a passing grade on the non-fire emergency component of the Department’s written examination. An applicant need not be currently employed as an FLS director to take the examination. Upon receiving a passing grade on the non-fire emergency component of the FLS director written examination, the Department will issue a certificate of completion; and

   (5) Within one (1) year of obtaining a certificate of completion, apply for and receive a passing grade on the Department’s practical (on-site) examination at the work locations in which the applicant is to serve as an FLS director. An applicant who has received a certificate of completion may perform the duties of a FLS director on an interim basis (as set forth in R113-02(f)(6)), pending administration of the practical (on-site) examination.

  1. Registration of Work Locations. The FLS director certificate of fitness must be registered for each work location at which the holder of such certificate will be performing the duties of a FLS director. A FLS director certificate of fitness authorizes the holder of such certificate to perform such duties only at those work locations registered with the Department and at no other work location. Registration of multiple work locations shall not be construed to authorize performance of the duties of a FLS director at more than one (1) work location at the same time.

   (1) Limitation on work locations. An FLS director certificate of fitness may be registered by the Department for one (1) or two (2) work locations. Special approval is required to register for more than two (2) work locations, and shall only be granted upon a determination that the holder is capable of demonstrating and maintaining proficiency at each work location. Approval to register for more than one (1) work location shall be subject to administration of practical (on-site) examinations at each work location, as set forth in R113-02(e)(3), and such other terms and conditions as the Department may require to assure that proficiency is maintained. In determining the holder’s ability to maintain proficiency at multiple work locations, considerations may include:

      (A) the number of hours to be regularly worked at each location; and

      (B) similarities in building configuration and building systems at the work locations (such as may be the case with an office building complex or hotel chain).

   (2) Submission. To register a work location, an FLS director certificate of fitness applicant or holder shall submit a letter from each employer for whom he or she will be performing the duties of an FLS director. Such letter shall be on business letterhead, and signed by an appropriate principal or officer of the employer, and provide such information and documentation as may be required by the Department.

   (3) Practical (on-site) examinations. The Department will administer, at the time of application, a separate practical (on-site) examination for a second work location that an FLS director certificate of fitness applicant or holder seeks to register, and each additional work location for which special approval is required from the Department in accordance with R113-02(e)(1). The Department may require the holder to submit to an additional practical (on-site) examination at time of renewal of the certificate, or such other time as the Department may specify, upon a determination that such examination is necessary to demonstrate the holder’s continuing qualifications and fitness to serve as an FLS director in more than one work location. The Department may give priority to first-time applicants in the scheduling of practical (on-site) examinations.

   (4) Change in work location. A change in work location must be immediately reported to the Licensing Unit of the Bureau of Fire Prevention, and application made for a practical (on-site) examination at the new work location prior to commencing work at such location.

   (5) Certificate not in use. The certificate of fitness of an FLS director who has no work location registered with the Department shall be deemed “Not In Use” (inactive) and is not valid to perform the duties of an FLS director. An FLS director certificate of fitness that is in “Not In Use” status may be renewed only once.

  1. Transition to FLS Director from Fire Safety Director and Fire Safety/EAP Director.

   (1) Transition timeframe. Effective March 1, 2020, an FLS director certificate of fitness or, as set forth in R113-02(f)(6), a certificate of completion allowing the applicant to perform the duties of an FLS director on an interim basis, will be required in all occupancies currently required to be staffed by a fire safety/EAP director or fire safety director. Fire safety/EAP director certificates of fitness and fire safety director certificates of fitness will not satisfy the Fire Code requirement for an FLS director and will not be renewed upon expiration.

   (2) Application for FLS director certification. All persons holding a fire safety director or fire safety/EAP director certificate of fitness must apply to the Department for an FLS director certificate of fitness no later than December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner. An FLS director certificate of fitness will be issued to each such person who possesses and demonstrates to the satisfaction of the Department the qualifications set forth in R113-02(f)(3) or (4), as applicable. A person who, without good cause, fails to timely fulfill the requirements for the FLS director certificate of fitness may be required to submit an original application for such certificate of fitness.

   (3) Transition requirements for fire safety/EAP directors. Not later than September 4, 2017, or the expiration of the certificate of fitness, whichever is sooner, all persons holding a fire safety/EAP director certificate of fitness must attend and successfully complete a training course accredited by the Department pursuant to R113-04 and R113-06 that addresses active shooter and medical emergencies.

   (4) Transition requirements for fire safety directors. All persons holding a fire safety director certificate of fitness but not an EAP director certificate of fitness shall undertake and successfully complete the following requirements.

      (A) Not later than September 4, 2017, or the expiration of their certificate of fitness, whichever is sooner, attend and successfully complete a training course accredited by the Department pursuant to R113-04 and R113-06 that addresses active shooter and medical emergencies, which may be a training course in non-fire emergencies accredited pursuant to R113-04 and R113-05 that includes training in active shooter and medical emergencies;

      (B) Not later than September 3, 2018, or the expiration of their certificate of fitness, whichever is sooner, attend and successfully complete a training course accredited by the Department pursuant to R113-04 and R113-05 that addresses non-fire emergencies generally (commonly referred to as Emergency Action Plan training);

      (C) Not later than December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner, apply to the Department for an FLS director certificate of fitness;

      (D) Not later than March 1, 2019, receive a passing grade on the non-fire emergency component of the Department’s written examination. (Employment or the promise of employment as an FLS director in a particular building is not required to take such examination.) Upon receiving a passing grade on the non-fire emergency component of the written examination, the Department will issue a certificate of completion. An applicant who has received a certificate of completion may serve as an FLS director on an interim basis, as set forth in R113-02(f)(6), pending administration of the practical (on-site) examination; and

      (E) Not later than one year from obtaining a certificate of completion, apply for and receive a passing grade on the Department’s practical (on-site) examination at the work location in which the applicant is to serve as an FLS director.

   (5) Transition requirements for certificates not in use. Any person holding a fire safety director or fire safety/EAP director certificate of fitness that is in “not in use” status must timely complete the transition requirements applicable to the FLS director certificate of fitness, as set forth in R113-02(f)(3) or (4), as applicable, or its “not in use” status will lapse on December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner.

   (6) Interim FLS directors. When an applicant for an FLS director certificate of fitness is to be employed in a work location that has not yet obtained Department acceptance of its comprehensive fire safety/EAP plan, such applicant may, upon receiving a certificate of completion, perform the duties of an FLS director on an interim basis pending administration of the practical (on-site) examination for a period not to exceed one (1) year from the date of issuance of the certificate of completion or for such other period of time as the Department may grant in its discretion. The presence on the premises of a person holding such a certificate of completion satisfies the requirement for an FLS director during such interim period, as set forth in R113-02(d)(5) and (f)(4). “Perform the duties of an FLS director on an interim basis” means that such person is authorized to implement the provisions of FC Chapter 4 and R404-01 with respect to fire emergencies and to take such actions in response to non-fire emergencies as the owner may authorize, based on the non-fire emergency plan or procedures currently in place.

§ 113-03 Fire Safety/EAP Director Certificates of Fitness. [Repealed]

*§ 113-04 Accreditation of Training Courses.* ::
  1. Scope.

   (1) This section sets forth general procedures, standards and requirements for the accreditation of training courses by the Department.

   (2) Training courses for the FLS director certificate of fitness shall also comply with the provisions of R113-05.

   (3) Training courses for active shooter and medical emergency preparedness shall also comply with the provisions of R113-06.

   (4) Training courses for the refrigerating system operating engineer certificate of qualification shall also comply with the provisions of R113-07.

   (5) Training courses for the construction site fire safety manager certificate of fitness shall also comply with the provisions of R113-10.

   (6) Training courses for building operation, maintenance and recordkeeping shall also comply with the provisions of R113-12.

  1. General Provisions.

   (1) Prohibited claims and representations. It shall be unlawful for any educator, educational institution or program or other person or entity to offer a course purporting to train or otherwise qualify an individual for the certificates of fitness formerly issued by the Department for fire safety director or fire safety/EAP director, a certificate of fitness for FLS director, a certificate of qualification to direct, control or supervise the operation of a refrigerating system or related technology, or a certificate of fitness for construction site fire safety manager, or to offer another training course requiring Department accreditation pursuant to this section, or to make a similar claim, or purport to be approved by the Department, or otherwise make reference to the Department in connection with such certificates, prior to receiving Department accreditation of such course.

   (2) Term of accreditation. Original and renewal accreditations will be issued for a term of one (1) year, unless a shorter term is specified by the Department.

  1. Accreditation Standards. The Department will grant accreditation to a training course only if the applicant establishes that the training course will meet the following minimum standards:

   (1) The training course provides the hours and topics of instruction required by the Department for that type of training course.

   (2) A written examination of a type acceptable to the Department is administered and a passing grade acceptable to the Department is required for successful completion of the course.

   (3) The training course has been developed and will be taught and evaluated by individuals possessing the requisite knowledge, skills, experience or other appropriate qualifications. The Department may require applicants who are instructors at Department-accredited training schools to hold the applicable certificate of fitness or to establish their eligibility for issuance of such certificate.

   (4) Records satisfactorily demonstrating compliance with accreditation standards and requirements, including records of course administration and student performance, are maintained.

   (5) Department representatives are allowed to attend training courses and audit records to monitor compliance with accreditation standards and requirements.

   (6) Each student is required to complete a Department-approved course evaluation form upon completion of the training course, and the completed forms are returned to the Department no later than five (5) days after course completion.

  1. Application Requirements.

   (1) Application information. Information relating to training course accreditation application requirements and procedures, including application forms, may be obtained from the Department’s web site, www.nyc.gov/fdny, and from the Licensing Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.

   (2) Submission. All applications for training course accreditation shall be submitted to the Licensing Unit of the Bureau of Fire Prevention, and shall include the fee set forth in FC A02.1.

   (3) Original applications. All original applications shall include the following information and documentation, and such other information and documentation as the Department may require:

      (A) The name and address of the educator or educational institution or program proposing to offer the training course;

      (B) The name and contact information, including a telephone number, of a designated representative;

      (C) The course location and course schedule (dates and time), including the location of any practical skills exercise/hands-on demonstrations;

      (D) The type of course for which approval is being requested;

      (E) A detailed outline of the course curriculum;

      (F) A description of the teaching methods to be used to present each topic, (e.g., lectures, discussions, practical skills exercises and audio-visual materials);

      (G) Copies of all written materials to be distributed, including sample examinations;

      (H) Tuition fees, study material fees and any other fees to be charged students;

      (I) A list of instructors, documentation of their qualifications (including a resume), and a list of the subjects each instructor will teach;

      (J) The instructor-to-student ratio for classroom, practical skills exercises/hands-on demonstrations;

      (K) Procedure for documenting student attendance of each student at each training session;

      (L) Any affiliations with other educational institutions or trade, union or professional organizations;

      (M) A summary of the applicant’s prior history and experience in conducting similar training courses, including the location and approximate date of each such course;

      (N) A list of all other licensing authorities for which the training courses have been approved or disapproved; and

      (O) Evidence of compliance with New York State Department of Education regulations, or a statement from the applicant that the applicant and/or the training course are not subject to such regulations.

   (4) Renewal applications.

      (A) An application for renewal of accreditation shall include updated course information, including any course schedule, curriculum or personnel changes.

      (B) The Department will evaluate the effectiveness of any training course, including consideration of the success of its students in achieving passing grades on certificate of fitness or certificate of qualification examinations, in determining whether to grant an application for renewal of accreditation.

  1. Training Course Changes.

   (1) Notice required. Application shall be made to the Department for approval of the following training course changes prior to implementing such changes:

      (A) personnel;

      (B) course schedule (dates, times and location);

      (C) course curriculum; or

      (D) teaching methods.

   (2) Conditional approval. Conditional approval may be granted pending a complete evaluation of the changes.

  1. Misconduct. In addition to any other penalties provided by law, misconduct on the part of an applicant for accreditation, or any educator or educational institution or program granted accreditation, shall be grounds for denial, non-renewal, suspension or revocation of accreditation. Such misconduct includes, but is not limited to, the following acts or omissions:

   (1) any false or fraudulent conduct in connection with an application for accreditation or other Department approval;

   (2) the failure to conduct the course in accordance with standards and requirements for accreditation;

   (3) the failure to timely notify the Department of training course changes or to obtain approval therefor;

   (4) the failure to maintain proper recordkeeping;

   (5) the failure to allow Department representatives to attend a training course and/or audit records in order to monitor compliance with accreditation standards and requirements;

   (6) the failure to disclose to the Department training course information, including relating to the preparation, security and administration of examinations and students’ grades; or

   (7) any other conduct that bears on the integrity of the applicant or accredited educator or educational institution or program, or the effectiveness of the training course.

§ 113-05 Fire and Life Safety Director Training Courses.

(a) Scope. This section sets forth the minimum hours of classroom instruction and topics required for Department accreditation of training courses for certificate of fitness for FLS director.
  1. General Provisions.

   (1) General accreditation requirements. FLS director training courses shall comply with the general training school accreditation procedures, standards and requirements set forth in R113-04.

   (2) Instructor qualifications. Instruction in FLS director training courses shall be conducted by persons with law enforcement, fire prevention/suppression, engineering, environmental safety, fire safety director, meteorological, technological experience or expertise, prior experience in fire safety and non-fire emergency (EAP) training, or other appropriate experience or expertise that qualifies them to teach the respective instructional topics of the training course.

  1. Course Structure, Required Hours and Topics of Instruction. FLS director training courses shall be organized and conducted to address general topics and fire safety, followed by non-fire emergencies. FLS director training courses shall provide not less than 31 hours of training, as follows: four (4) hours in general topics, 16 hours in fire safety, and 11 hours in non-fire emergencies (Emergency Action Plan training).

   (1) General topics. FLS director training courses shall provide instruction in the following general topics:

      (A) FLS director qualifications.

         (1) Qualifications for certificate of fitness.

         (2) Department application forms.

         (3) Certificate of fitness written and practical (on-site) examinations.

      (B) Building construction and systems.

         (1) Alarm systems.

         (2) Sprinkler systems.

         (3) Standpipe systems.

         (4) Smoke detectors.

         (5) Portable fire extinguishers.

         (6) Types of alarm systems: office building, hotel/motel, high-rise building, interior fire alarm.

         (7) Fire command center.

         (8) Elevators, including the different modes of elevator operation.

         (9) Signs.

         (10) Stair pressurization.

         (11) Smoke shaft.

         (12) Compartmentation.

         (13) Construction.

         (14) HVAC systems.

         (15) Smoke control and purge systems.

         (16) History of fatal fires in high-rise office and residential buildings, nursing homes, night clubs and other places of assembly, and other occupancies.

   (2) Fire safety training. FLS director training courses shall, at a minimum, provide not less than 16 hours of instructional training in fire safety, of which not less than two (2) hours shall consist of practical skills exercise/hands-on demonstrations. FLS director training courses shall provide instruction in the following fire safety topics:

      (A) FLS director duties and responsibilities in fire emergencies.

         (1) Role of FLS director and deputy FLS director.

         (2) FLS plan format.

         (3) Fire drills and evacuation.

         (4) Training of fire brigade.

         (5) Human behavior and personal safety of building occupants.

         (6) Communication with Department at fire incidents.

         (7) Inspection and prevention of fires.

      (B) Legal requirements.

         (1) Local Law Nos. 5 of 1973, 16 of 1984, 41 of 1978, 58 of 1987 and 26 of 2004 and the 2008 and 2014 Fire Codes, including any amendments thereto.

         (2) Owner’s legal responsibilities.

         (3) Americans with Disabilities Act of 1990, including any amendments thereto.

      (C) Firematics.

         (1) Chemistry of fire.

         (2) Properties of fire.

         (3) Behavior of fire.

         (4) Flame-resistant chemicals and treatments.

         (5) Ignition sources.

         (6) Heat transfer.

      (D) Practical skills exercise/hands-on demonstration.

         (1) Elevator recall.

         (2) Fire alarm systems in office buildings, hotels, places of assembly and other occupancies, and the features of such systems and capabilities, including fire command centers, announcements, and warden phones.

      (E) Building operation, maintenance and recordkeeping. Building Code, Fire Code and rule requirements for building operation, maintenance and recordkeeping, as set forth in R113-12(c)(2).

   (3) Non-fire emergency (Emergency Action Plan) training. FLS director training courses shall, at a minimum, provide not less than eleven (11) hours of instructional training, of which not less than nine (9) hours shall consist of Category 1 topics and not less than two (2) hours shall consist of Category 2 topics.

      (A) Category 1 shall include the following instructional topics, and such other topics as the Department may from time to time designate by written notice to accredited training course providers:

         (1) Local Law No. 26 of 2004, Fire Code Chapter 4 and any amendments or other rules promulgated pursuant thereto;

         (2) Shelter in place, in-building relocation, partial building evacuation and full building evacuation concepts;

         (3) Building communications and announcements;

         (4) Building ventilation options;

         (5) Use of elevators;

         (6) Human services, including building occupants with special needs and related mobility and communications issues;

         (7) Weapons of mass destruction, including dirty bombs and other radiological weapons;

         (8) Active shooter and medical emergencies, as set forth in R113-06;

         (9) Hazardous material incidents involving biological agents, including contamination issues;

         (10) Hazardous material incidents involving chemical agents;

         (11) Bombs, bomb threats and suspicious packages;

         (12) Weather-related emergencies;

         (13) Failure of building utilities, mechanical systems and/or telecommunications systems; and

         (14) Training methodology, including application protocols and post drill critiques.

      (B) Category 2 shall include the following instructional topics, and such other topics as the Department may from time to time designate by written notice to accredited training course providers:

         (1) Civil disturbances and blackouts;

         (2) Familiarization with incident command structure and emergency response operations;

         (3) Situational awareness in the context of non-fire emergencies;

         (4) Applicable lessons from major incidents including the World Trade Center; and

         (5) Practical (on-site) test information as provided by the Department.

  1. Course Administration and Completion.

   (1) The ratio of students to instructors in the fire safety practical skills exercise, including practical skills exercise/hands-on demonstrations, shall not exceed 25-to-1.

   (2) Students must attend all training classes to be eligible to take the final examination.

   (3) Students shall be allowed two (2) opportunities to pass the final examination. Students who fail the final examination on the second attempt must re-take the course in its entirety.

§ 113-06 Active Shooter and Medical Emergency Preparedness Training Courses.

(a) Scope. This section sets forth the minimum hours of classroom instruction and topics required for Department accreditation of training courses for active shooter and medical emergency preparedness.
  1. General Provisions.

   (1) General accreditation requirements. Active shooter preparedness training courses shall comply with the general training school accreditation procedures, standards and requirements set forth in R113-04.

   (2) Instructor qualifications. Active shooter preparedness training courses shall be conducted by persons with police, fire, other governmental law enforcement, military, prior experience in fire safety and non-fire emergency (EAP) training, or other appropriate experience or expertise and fire prevention knowledge, that qualifies them to teach the respective instructional topics of the training course.

  1. Required Hours and Topics of Instruction.

   (1) Training courses shall, at a minimum, provide not less than four (4) hours of live instruction.

   (2) Training courses shall include instruction in the following active shooter topics:

      (A) Introduction to active shooter emergencies (including the definition, profile and typical characteristics);

      (B) Recommended response of building occupants to an active shooter emergency (Avoid, Barricade, Confront);

      (C) Recommended response of emergency preparedness and building staff to an active shooter emergency (including 911 notification, building occupant notification, use of elevators, use of fire alarm system);

      (D) Notification of New York City 911 System and information to be reported;

      (E) Response of building occupants and emergency preparedness/building staff to law enforcement emergency responders;

      (F) Training of building occupants;

      (G) Emergency preparedness planning for an active shooter situation;

      (H) Scenarios of active shooter situations and case studies; and

      (I) Certificate of fitness testing information provided by the Department.

   (3) Training courses shall include instruction in the following medical emergency topics:

      (A) Training of building occupants to notify FLS director or other designated FLS staff of medical emergencies on the premises that have been reported to New York City 911 System;

      (B) Confirmation that the medical emergency has been reported to the New York City 911 System and additional information to be reported to 911, including the address of the appropriate building entrance or other location at which emergency responders will be met by FLS director or other designated FLS staff;

      (C) Designation of FLS staff to meet emergency responders, when necessary;

      (D) Designation of FLS staff to respond to patient location to investigate and report to FLS director;

      (E) FLS staff notification of CPR-trained volunteers on the premises and request to render assistance (when appropriate);

      (F) If patient is not on street level, recall of elevator prior to arrival of emergency responders and hold for emergency responder use; and

      (G) Location of defibrillators or other medical equipment for medical emergencies.

  1. Course Administration and Completion.

   (1) The final examination required for successful completion of the training course shall not be included toward the minimum number of classroom hours required by this section.

   (2) Students must attend all training classes to be eligible to take the final examination.

   (3) Students shall be allowed two (2) opportunities to pass the final examination. Students who fail the final examination on the second attempt must re-take the course in its entirety.

§ 113-07 Refrigerating System Operating Engineer Training Courses.

(a) Scope. This section sets forth the minimum hours of classroom instruction and topics required for Department accreditation of training courses for certificate of qualification for refrigerating system operating engineer.
  1. General Provisions.

   (1) General accreditation requirements. Refrigerating system operating engineer training courses shall comply with the general training school accreditation procedures, standards and requirements set forth in R113-04.

  1. Required Hours and Topics of Instruction.

   (1) Training courses shall, at a minimum, provide not less than 200 hours of instructional training, of which not less than 25 hours shall consist of practical skill exercise/hands-on demonstration in which each student must personally perform the functions set forth in R113-07(c)(2)(U).

   (2) Training courses shall provide instruction in the following topics:

      (A) Definitions and terminology.

         (1)British thermal unit

         (2)Specific heat

         (3)Latent heat

         (4)Sensible heat

         (5)Refrigeration effect

         (6)Humidity

         (7)Absolute zero

      (B) Calculations with refrigeration formulas.

         (1)Refrigeration effect

         (2)Compressor displacement/capacity

         (3)Compression ratio

         (4)Horsepower requirements

         (5)Refrigerant circulation requirements

      (C) Thermodynamics principles of refrigeration.

         (1)Temperature scales

         (2)Nature of heat and heat flow

         (a)Conductors and insulators

         (3)Effects of heat energy

         (4)Molecular theory of heat

         (5)Temperature and heat

         (6)Pressure-temperature relationships

         (7)Physical changes of state

         (8)Calculations for heat conduction

      (D) Basic refrigeration cycles.

      (E) Absorption systems.

         (1)Ammonia systems

         (2)Lithium bromide systems

         (3)Purgers

         (4)Two stage steam absorption

      (F) Steam jet and thermocouple systems.

      (G) Compression systems.

      (H) Multiple systems.

         (1)Cascade

         (2)Multi-temperature

      (I) Refrigerants.

         (1)Primary and secondary

         (2)Qualities and properties

         (3)Tables and data

         (4)CFC and environmental issues

      (J) Evaporators.

      (K) Metering devices and automatic controls.

         (1)High and low-side floats

         (2)Automatic expansion valves

         (3)Thermostatic expansion valves

         (4)Manual expansion valves

      (L) Condensers.

         (1)Construction and operation of air-cooled condensers

         (2)Theory, operation and maintenance of water-cooled condensers

      (M) Receivers and accessories.

         (1)Filters and driers

         (2)Vibration isolators

         (3)Distribution headers

      (N) Cooling towers, and spray ponds.

      (O) Compressors.

         (1)Reciprocating

            (a)Open type

            (b)Serviceable and non-serviceable hermetic units

            (c)Vertical and horizontal ammonia compressors

            (d)High Speed freon compressors

         (2)Rotary

         (3)Centrifugal

            (a)Hermetic and non-hermetic types

            (b)Capacity control

      (P) Prime movers.

         (1)Steam turbines

         (2)Electric motors

         (3)Absorber generators

            (a)Steam powered

            (b)Direct fired – combustion principles

      (Q) Operation of valves and gauges.

      (R) Refrigerating systems oils and lubrication.

         (1)Qualities and characteristics

         (2)Methods of compressor lubrication

         (3)Lubricating system components

            (a)Filters

            (b)Pumps

      (S) Secondary refrigerating systems.

         (1)Holdover tanks

         (2)Congealing tanks

         (3)Circulating pumps

         (4)Operation and maintenance of brine system

         (5)Significance of pH

      (T) Regulatory and safety requirements.

         (1)Department permit and operator requirements, including FC606

         (2)Building Code and Mechanical Code requirements, including ASHRAE Standard 15

         (3)Clean Air Act Amendments and United States Environmental Protection Agency regulations

         (4)OSHA regulations

         (5)Impact of Local Law Nos. 5 of 1973, 16 of 1984, 41 of 1978, 58 of 1987, 26 of 2004 and 26 of 2008 on the operation of refrigerating systems

         (6)Amendments to any of the foregoing

      (U) Refrigerating system servicing (practical skills exercise/hands-on demonstrations).

         (1)Selection and use of tools for diagnosis and servicing

            (a)Gauges

            (b)Thermometers

            (c)Charging containers

            (d)Vacuum pumps – system evacuation

         (2)Charging and testing

            (a)Critical charges

            (b)Correct low and high-side operating pressure

            (c)Use of gauge manifolds

         (3)Moisture

            (a)Its effects

            (b)Removal of blotting and/or evacuation

            (c)Use of desiccants and driers

         (4)System troubleshooting and diagnosis procedures

         (5)Leak repair and component replacement

            (a)Copper tubing – cut, bend, sweat and flare

            (b)Copper tubing and pipe, solder and braze

         (6)Open type compressors

            (a)Replace compressor valves and gaskets

         (7)Hermetic compressor-motor units

            (a)Testing hermetic-motor units for grounds, shorts, open windings

            (b)Testing power pack components – overload protectors, relays

            (c)Testing wiring harnesses

      (V) Building operation, maintenance and recordkeeping. Building Code, Fire Code and rule requirements for building operation, maintenance and recordkeeping, as set forth in R113-12(c)(2).

  1. Course Administration and Completion.

   (1) The ratio of students to instructors in the practical skills exercise/hand-on demonstrations shall not exceed 8-to-1.

   (2) Students must attend at least 25 hours of practical skills exercise/hands-on demonstrations, and not less than 95% of other required instructional training, to be eligible to take the training course final written examination.

§ 113-08 Commercial Cooking Exhaust Systems Certificates of Fitness.

(a) Scope. This section sets forth standards, requirements and procedures for issuance of certificates of fitness to inspect and clean commercial cooking exhaust systems.
  1. General Provisions. Applicants for certificates of fitness for inspection and cleaning of commercial cooking exhaust systems shall meet the minimum qualifications and comply with the general requirements for a certificate of fitness as set forth in FC113 and R113-01.
  2. Special Qualifications for Precipitator Inspection and Cleaning. Applicants who intend to inspect and clean the precipitator component of commercial cooking exhaust systems shall obtain an endorsement on their certificate of fitness for each type of precipitator to be serviced.
  3. Special Application Requirements. In addition to the qualifications set forth in FC113, applicants shall possess and demonstrate to the satisfaction of the Department that they possess the training and knowledge necessary to properly inspect and clean the particular precipitators that they intend to service, and possess the manufacturer’s specifications and servicing manuals for such precipitators.

§ 113-09 Non-Production Laboratory Certificates of Fitness.

(a) Scope. This section sets forth standards, requirements and procedures for issuance of certificates of fitness for non-production laboratories.
  1. General Provisions. Applicants for certificates of fitness for non-production laboratories shall meet the minimum qualifications and comply with the general requirements for a certificate of fitness as set forth in FC113 and R113-01.
  2. Qualifications. In addition to the qualifications set forth in FC113, applicants for non-production laboratory certificates of fitness shall possess and demonstrate to the satisfaction of the Department that they have accumulated 60 college credits as a result of satisfactory completion of course work at a college or university accredited by an accrediting body recognized by the United States Secretary of Education and the Council for Higher Education Accreditation. Of the 60 required credits, not less than 21 shall be in the field of engineering, chemistry, fire science or other approved field of study.
  3. Special Application Requirements. In addition to the applicable requirements set forth in FC113, applicants shall demonstrate to the satisfaction of the Department that they have received training relating to the safe storage, handling and use of hazardous materials, including training in the requirements of FC2706 and any rules promulgated pursuant to such section.

§ 113-10 Construction Site Fire Safety Manager Training Courses.

(a) Scope. This section sets forth the minimum hours of classroom instruction and topics required for Department accreditation of training courses for certificates of fitness for construction site fire safety manager.
  1. General Provisions.

   (1) General accreditation requirements. Construction site fire safety manager training courses shall comply with the general training school accreditation procedures, standards and requirements set forth in R113-04.

   (2) Instructor qualifications. Instruction in construction site fire safety manager training courses shall be conducted by persons with fire code, fire prevention/suppression, construction, engineering or other appropriate experience or expertise that qualifies them to teach the respective instructional topics of the training course.

  1. Required Hours and Topics of Instruction.

   (1) Training courses shall, at a minimum, provide not less than seven (7) hours of instruction.

   (2) Training courses shall provide instruction in the following topics, and such other topics as the Department may from time to time designate by written notice to accredited training course providers:

      (A) Introduction to the Fire Code and Fire Department Rules, including their organization and terminology.

      (B) Fire Code construction site provisions (FC Chapter 14 and 3 RCNY Chapter 14).

      (C) All construction site fire safety requirements, as set forth in 3 RCNY § 1401-01(c).

  1. Course Administration and Completion.

   (1) Students must attend all training classes to be eligible to take the training course’s final examination.

   (2) Students shall be allowed two (2) opportunities to pass the final examination. Students who fail the final examination on the second attempt shall be required to reattend the course in its entirety.

§ 113-11 Construction Site Fire Safety Manager Certificates of Fitness.

(a) Scope. This section sets forth standards, requirements and procedures for issuance of a certificate of fitness to perform the duties of a construction site fire safety manager.
  1. General Provisions. Applicants for construction site fire safety manager certificates of fitness shall meet the minimum qualifications and comply with the general requirements for a certificate of fitness set forth in FC113 and R113-01.
  2. Qualifications. In addition to the qualifications set forth in FC113 (including receipt of a passing grade on the Department’s written examination), applicants for construction site fire safety manager certificate of fitness shall possess and demonstrate to the satisfaction of the Department the physical ability to perform the duties of the position and the following qualifications:

   (1) Certification or experience. Applicants shall hold or possess:

      (A) A site safety manager or site safety coordinator certificate issued by the Department of Buildings pursuant to BC3310.5 and Department of Buildings rule 1 RCNY § 104-08; or

      (B) At least three (3) years of full-time experience within the past six (6) years prior to the date of the application: (1)  working for a governmental agency or a construction, design or consulting firm; (2)  at construction sites upon which “major buildings” (as that term is defined in BC3310.2) are being constructed; and (3)  with responsibility for construction site safety and/or supervision of construction; or

      (C) At least eight (8) years of full-time experience within the past 12 years prior to the date of the application working for a governmental agency with responsibility for conducting and/or supervising fire code or fire safety inspections or enforcement; or

      (D) At least ten (10) years of full-time experience within the past 15 years prior to the date of the application working as a firefighter or fire officer in a paid fire department.

   (2) Training Course. Applicants shall successfully complete a construction site fire safety manager training course conducted by an educator or educational institution or program accredited by the Department pursuant to R113-04 and R113-10.

  1. Application Procedures. Application for a construction site fire safety manager certificate of fitness shall be made in accordance with R113-01.

§ 113-12 Building Operation, Maintenance and Recordkeeping Training Courses.

(a) Scope. This section sets forth the minimum hours of classroom instruction and topics required for Department accreditation of training courses for building operations, maintenance and recordkeeping.
  1. General Provisions.

   (1) General accreditation requirements. Building operation, maintenance and recordkeeping training courses shall comply with the general training school accreditation procedures, standards and requirements set forth in R113-04.

   (2) Instructor qualifications. Instruction in building operation, maintenance and recordkeeping training courses shall be conducted by persons with fire code, fire prevention, fire suppression, or other appropriate experience or expertise that qualifies them to teach the respective instructional topics of the training course.

  1. Required Hours and Topics of Instruction.

   (1) Training courses shall, at a minimum, provide not less than seven (7) hours of live instruction.

   (2) Training courses shall provide instruction in the following Fire Code, Building Code, and rule requirements associated with building operations and maintenance;

      (A) permits, certificates of fitness, and company certificates

      (B) emergency planning and preparedness

      (C) emergency power systems, including Chapter 8 of NFPA 110, and NFPA 111

      (D) elevator in readiness

      (E) refrigerating systems, including operator inspection after repair, monthly testing, and operator logbook.

      (F) flame-resistant decorations

      (G) fire alarm systems, including Chapter 10 of NFPA 72

      (H) sprinkler systems, including Chapters 5, 8 and 9 of NFPA 25

      (I) standpipe systems, including Chapters 6, 8 and 9 of NFPA 25

      (J) out-of-service sprinkler, standpipe and fire alarm systems, including impairment coordinator, fire guard and notification requirements

      (K) portable fire extinguishers

      (L) commercial cooking systems

      (M) smoke control systems

      (N) non-water fire extinguishing systems

      (O) means of egress, including Building Code required exit and elevator signage, and photoluminescent pathway markings

      (P) hot work operations

      (Q) fumigation and insecticidal fogging operations

      (R) painting of sprinkler and standpipe system piping and valve handles in both new and existing buildings, as set forth in BC 903.6 and 905.11

      (S) stationary storage battery systems.

      (R) painting of sprinkler and standpipe system piping and valve handles in both new and existing buildings, as set forth in BC903.6 and 905.11.

  1. Course Administration and Completion.

   (1) Students must attend all seven (7) hours of training to be eligible to take the training course’s final examination.

   (2) Students shall be allowed two (2) opportunities to pass the final examination. Students who fail the final examination on the second attempt shall be required to reattend the course in its entirety.

§ 114-01 Certificates of License.

(a) Scope. This section sets forth standards, requirements and procedures for issuance of certificates of license for the installation, alteration, testing and repair of automotive and marine liquid motor fuel storage and dispensing systems and flammable liquid and combustible liquid storage systems.
  1. General Provisions.

   (1) Minimum qualifications and general requirements. Applicants for certificates of license shall meet the minimum qualifications and comply with the general requirements set forth in FC114 and this section. Holders of a certificate of license shall maintain all qualifications and comply with all requirements throughout the term of the certificate.

   (2) Inspection of facilities.

      (A) All facilities maintained by certificate of license applicants and holders are subject to Department inspection. Such inspection may be conducted for any purpose related to the enforcement of the requirements of this section, including but not limited to verifying that the certificate of license applicant possesses such facilities and specialized equipment as may be required to perform the duties of business or activity requiring the certificate of license.

      (B) Facility inspections conducted in connection with original or renewal applications for a certificate of license shall be conducted at the expense of the applicant, based on the fees set forth in FC Appendix A, plus reasonable travel expenses for facilities located outside of New York City.

   (3) Agent for receipt of process. All applicants and certificate of license holders shall designate an agent located in New York City who is authorized to receive process on behalf of the company. The agent’s designation shall provide that the service of process upon him or her shall confer personal jurisdiction over the certificate of license holder in any judicial or administrative proceeding or action. This provision shall not be construed to limit the parties upon whom, or manner by which, service may be effected in accordance with applicable law.

   (4) Change of contact information. All applicants and certificate holders are required to promptly notify the Department of any change in the applicant’s or certificate holder’s address, telephone number and other contact information, and such other information as the Department may require.

  1. General Qualifications. The Department will grant an original or renewal application for a certificate of license where the applicant possesses and satisfactorily demonstrates to the Department that the applicant or certificate holder possesses the following qualifications:

   (1) A driver’s license, passport, birth certificate or other proof satisfactory to the Department that the applicant satisfies the minimum age requirement set forth in FC114.4; (2)  sufficient knowledge and experience in the business or activity requiring the certificate of license to competently and safely engage in such business or activity;

   (3) the integrity and fitness to be responsible for performing duties affecting public safety;

   (4) qualified staff and sufficient equipment and facilities to competently and safely perform the business or activity requiring the certificate of license;

   (5) maintenance of the liability insurance policy required by the Fire Code or rules; and

   (6) for original applications filed on or after February 15, 2000, a high school diploma, or its educational equivalent, approved by a state’s Department of Education, or an approved accrediting organization.

  1. Special Qualifications. In addition to general qualifications set forth in R114-01(c), applicants for certificates of license shall possess and satisfactorily demonstrate to the Department that the applicant possesses the following qualifications:

   (1) Automotive and marine liquid motor fuel storage and dispensing systems.

      (A) A minimum of three (3) years work experience in the installation, alteration, testing or repair of automotive or marine liquid motor fuel storage and dispensing systems in the five (5) year period prior to the date of filing of such application. Such experience shall have been obtained working under the general supervision of a holder of a certificate of license holder for automotive or marine liquid motor fuel storage and dispensing systems.

   (2) Flammable liquid and combustible liquid storage systems.

      (A) A certificate of license for automotive and marine liquid motor fuel storage and dispensing systems;

      (B) A minimum of three (3) years work experience in the installation, alteration, testing or repair of automotive or marine liquid motor fuel storage and dispensing systems in the five (5) year period prior to the date of filing of such application. Such experience shall have been obtained working under the general supervision of a holder of a certificate of license holder for automotive or marine liquid motor fuel storage and dispensing systems; or

      (C) A minimum of three (3) years work experience in the installation, alteration, testing or repair of flammable liquid and combustible liquid storage systems in the five (5) year period prior to the date of filing of such application.

  1. General Application Requirements. Applicants for a certificate of license shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such certificate in accordance with FC115 and this section.

   (1) Application forms and information. Information relating to certificate of license requirements and application procedures, including application forms, may be obtained from the Department’s web site, www.nyc.gov/fdny, and from the Licensing Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.

   (2) Submission. Original applications for certificates of license shall be filed in person with the Licensing Unit of the Bureau of Fire Prevention. Renewal certificate applications may be filed in person or by mail, except as may be otherwise specified by the Department.

   (3) Incomplete applications. The Department reserves the right not to accept for filing any application that is incomplete or otherwise deficient, including any application that is submitted without the required supporting documentation or application fee. The Department will provide the applicant notice of any application that is not accepted, and, except for applications determined to be fraudulent, shall afford the applicant a reasonable time to correct or supplement such application. Original applications not corrected or supplemented within 30 days of being notified will be deemed abandoned.

   (4) Examination. Applicants for an original certificate of license must obtain a passing score on the applicable examination administered by the Department.

   (5) Identification. Applicants for an original certificate of license shall provide two (2) pieces of picture identification satisfactory to the Department, such as a driver’s license, passport or employee identification card. The Department reserves the right to require additional identification.

   (6) Photographs. All applicants for an original certificate of license will be photographed by the Department for identification purposes. The Department may require a certificate of license holder filing for renewal of their certificate to report to the Department to be photographed. Failure to comply with such a notice constitutes grounds for non-renewal of the certificate. In lieu of, or in addition to, such photographs, the Department may require submission of two passport-size photographs in connection with an original or renewal certificate of license application.

   (7) Fees. Application fees relating to certificates of license shall be as set forth in FC Appendix A or the rules. Except as otherwise authorized by the Department, fees shall be paid in cash, check or money order payable to the “New York City Fire Department.”

   (8) Applicants delinquent on child support payments. In accordance with the United States Social Security Act, 42 U.S.C. § 666(a)(13), and New York State General Obligations Law § 3-503, applications for original or renewal certificates of license will be reviewed for compliance of its principals and officers with child support obligations and will be denied when required by such laws when one (1) or more of such principals or officers has been identified by the Office of Child Support Enforcement of the New York City Human Resources Administration (or any successor agency) as delinquent on child support payments. The principals and officers of applicants for certificates of license will be required to disclose their social security numbers for purposes of such review.

   (9) Original applications. Applications for a certificate of license shall include the following information and documentation, and such other information and documentation as the Department may require:

      (A) The applicant’s prior experience in the business or activity requiring the certificate of license, including the names and addresses of all companies with which such applicant has been employed or otherwise affiliated in the five-year period prior to the date of filing;

      (B) A list of all federal, state, or local licenses or certificates issued to the applicant in the five-year period prior to the date of filing that authorize the applicant to engage in the business or activity requiring the certificate of license, or similar business or activity. A copy of each such license and certificate shall be included with the application;

      (C) A list of its offices, facilities and any specialized equipment required to engage in the business or activity requiring the certificate of license;

      (D) A copy of any and all violations, judgments, convictions and penalties issued to or entered against the applicant, in the five-year period prior the date of filing, relating to the business or activity requiring the certificate of license, or similar business or activity; or relating to the offering or receiving of a bribe or unlawful gratuity. A copy of the charges, pleadings, adjudications and certificates of disposition from any such civil or criminal proceeding shall be included with the application; and

      (E) A list of any permits issued to the applicant, including the Department account numbers.

      (F) The name, address and contact information for the agent for receipt of process required by R114-01(b)(3).

   (10) Renewal applications. Renewal applications shall disclose any changes in the certificates of license holders, offices and facilities, and permits; disclose any violations, judgments, criminal convictions and penalties since the last date of filing; and include a copy of all current licenses and certificates.

  1. Examinations.

   (1) All written examinations will be administered by the Licensing Unit of the Bureau of Fire Prevention at Fire Department Headquarters, except as may be otherwise specified by the Department in the notice of examination or other appropriate notice.

   (2) All examinations will be conducted in the English language.

   (3) The subject matter of an examination, and, for any numerically-graded certificate examination, the passing grade, shall be as set forth on the Department’s notice of examination. The passing grade shall be set at 70% unless otherwise specified in such notice of examination.

   (4) An applicant will be provided written notice of his or her examination grade.

   (5) An applicant who fails to obtain a passing grade on a written examination may re-take the examination, subject to the availability of Department resources and appointments. The required fee must be paid by the applicant each time he or she is administered an examination.

  1. General Insurance Requirements.

   (1) Except as may be otherwise required by the Fire Code or the rules, applicants for, and holders of, a certificate of license shall maintain a liability insurance policy in an amount not less than five hundred thousand dollars ($500,000), issued by an approved insurance company that is licensed to do business in New York State and has a A.M. Best rating of A- or better. Employees of city agencies that require such certificate in connection with their official city duties and responsibilities shall be exempt from maintaining such liability insurance policy.

   (2) Such liability policy shall provide insurance coverage in the event of any death, injury, damage or other loss to persons or property by reason of the business or activity requiring the certificate of license. Such coverage shall be at least as broad as that set forth in the most recent edition of ISO Form CG 0001, and shall include completed operations.

   (3) The Department may relieve the holder of a certificate of license of the obligation to maintain the liability insurance policy required by this section if the certificate holder makes a written request to the Department to place its certificate of license in “Not in Use” (inactive) status, and the Department grants such request. The holder of the certificate of license shall not engage in any business or activity requiring the certificate of license while its certificate is in such “Not in Use” status, and shall not resume any such business or activity unless and until a written request has been made to the Department to restore such certificate of license to active status, together with proof of compliance with the liability insurance policy required by the Fire Code, the rules or this section, and the certificate is restored by the Department to active status.

  1. Misconduct. In addition to any other penalties provided by law, misconduct on the part of an applicant or holder of a certificate of license shall be grounds for denial, non-renewal, suspension or revocation of a certificate of license. Such misconduct includes, but is not limited to:

   (1) the failure of a holder of a certificate of license to properly discharge the duties of such certificate, including failing to properly supervise the work being conducted such certificate;

   (2) any false and fraudulent conduct in connection with an application for a certificate of license or the duties of a certificate of license holder, including:

      (A) any false or fraudulent statement or submission; and

      (B) any unauthorized alteration or use of a certificate of license or possession of any fraudulent certificate of license; and

      (C) cheating on an examination; and

      (D) impersonating another or allowing oneself to be impersonated;

   (3) any other unlawful or unsafe conduct that bears on the integrity or reliability of an applicant or certificate of license holder;

   (4) the failure to maintain the liability insurance policy required by the Fire Code, this section or the rules;

   (5) the failure to promptly notify the Department of any change in the designated agent for receipt of process, pursuant to R114-01(b)(3), or applicant’s or certificate holder’s contact information, or any other notification required pursuant to R114-01(b)(4); or

   (6) compromising the integrity or confidentiality of a Department examination.

§ 115-01 Company Certificates.

(a) Scope. This section sets forth standards, requirements and procedures for issuance of company certificates, including blasting contractor, central station, commercial cooking exhaust system servicing, fireworks contractor, fumigation and insecticidal fogging operation, portable fire extinguisher sales, portable fire extinguisher servicing, pyrotechnic supplier, smoke detector maintenance company certificates and ARC system testing.
  1. General Provisions.

   (1) Minimum qualifications and general requirements. Applicants for company certificates shall meet the minimum qualifications and comply with the general requirements set forth in FC115 and this section. Companies to which a company certificate has been issued, their principals and officers, shall maintain all qualifications and comply with all requirements throughout the term of the certificate.

   (2) Inspection of facilities.

      (A) All facilities maintained by company certificate applicants and holders are subject to Department inspection. Such inspection may be conducted for any purpose related to the enforcement of the requirements of this section, including but not limited to verifying that the company possesses such facilities and specialized equipment as may be required to perform the duties of business or activity requiring the company certificate.

      (B) Facility inspections conducted in connection with original or renewal applications for a company certificate shall be conducted at the expense of the applicant, based on the fees set forth in FC Appendix A, plus reasonable travel expenses for facilities located outside of New York City.

   (3) Agent for receipt of process. All applicants and certificate holders shall designate an agent located in New York City who is authorized to receive process on behalf of the company. The agent’s designation shall provide that the service of process upon him or her shall confer personal jurisdiction over the company in any judicial or administrative proceeding or action. This provision shall not be construed to limit the parties upon whom, or manner by which, service may be effected in accordance with applicable law.

   (4) Change of contact information. All applicants and certificate holders are required to promptly notify the Department of any change in the applicant’s or certificate holder’s address, telephone number and other contact information, and such other information as the Department may require.

  1. General Qualifications. The Department will grant an original or renewal application for a company certificate where the applicant possesses and satisfactorily demonstrates to the Department that the company, its principals and officers, possess the following qualifications:

   (1) sufficient knowledge and experience in the business or activity requiring the company certificate to competently and safely engage in such business or activity, including one (1) or more principals or officers holding a certificate of fitness for such business or activity, where such certificate of fitness is required by the Fire Code or rules;

   (2) the integrity and fitness to be responsible for performing duties affecting public safety;

   (3) qualified staff and sufficient equipment and facilities to competently and safely perform the business or activity requiring the company certificate, including, where the company certificate is for the servicing of equipment, the manufacturer’s servicing manuals; and

   (4) maintenance of the liability insurance policy required by the Fire Code or rules.

  1. Special Qualifications. In addition to general qualifications set forth in R115-01(c), applicants for the following company certificates shall possess and satisfactorily demonstrate to the Department that the company, its principals and officers, possess the following qualifications:

   (1) Blasting contractor certificates.

      (A) The company shall possess all licenses and other approvals required by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice.

      (B) One (1) or more principals or officers of the company shall hold a certificate of fitness for blasting operations, or a certificate of fitness for blasting assistant, except, where the company only conducts blasting operations involving five (5) pounds or less of explosives, one (1) or more principals or officers may, in lieu of holding such certificate, have a minimum of two (2) years’ experience in construction activities involving blasting operations.

   (2) Central station certificate of operation.

      (A) The central station company shall have been listed or otherwise shall have been approved by a nationally-recognized testing laboratory as a central station, or equivalent.

   (3) Fireworks contractor certificates.

      (A) One (1) or more principals or officers of the company shall hold a certificate of fitness for fireworks displays.

      (B) One (1) or more principals or officers of the company shall have a minimum of two (2) years’ experience in conducting legal fireworks displays.

   (4) Fumigation and thermal insecticidal fogging operations company certificates.

      (A) One (1) or more principals or officers of the company shall have a minimum of two (2) years’ experience in fumigation and thermal insecticidal fogging operations.

   (5) Portable fire extinguisher sales company certificates.

      (A) One (1) or more principals or officers of the company shall hold a certificate of fitness for portable fire extinguisher sales.

   (6) Portable fire extinguisher servicing company certificates.

      (A) One (1) or more principals or officers of the company shall have a minimum of two (2) years’ experience in portable fire extinguisher servicing and hold a certificate of fitness for portable fire extinguisher servicing.

      (B) The company shall possess the tools, materials, equipment, facilities and servicing manuals specified in Chapter 7 of NFPA 10 to service portable fire extinguishers.

   (7) Smoke detector maintenance company certificates.

      (A) The company is listed as a fire alarm service organization by a national testing laboratory, or is an authorized smoke detector service company for a smoke detector manufacturer.

      (B) One (1) or more principals or officers of the company holds a license to engage in the business of installing, servicing and maintaining fire alarm systems, issued by the New York Secretary of State pursuant to Article 6-D of the New York State General Business Law, or is a master electrician licensed by the Department of Buildings and registered with the New York Secretary of State in accordance with such Article 6-D.

      (C) One (1) or more principals or officers of the company has received Level II certification in fire alarm systems from the National Institute for Certification in Engineering Technologies (NICET).

   (8) ARC system testing company certificates.

      (A) One (1) or more principals or officers of the company shall hold a General Radiotelephone Operator License issued by the FCC pursuant to 47 C.F.R. Part 90.

   (9) Commercial cooking exhaust system servicing company certificates.

      (A) One (1) or more principals or officers shall have a minimum of five (5) years’ experience in the cleaning of commercial cooking exhaust systems.

      (B) One (1) or more principals or officers shall hold a certificate of fitness for commercial cooking exhaust system servicing technician.

      (C) The company shall have in its employ at least two (2) persons to conduct commercial cooking exhaust system cleaning and servicing. Each such person shall hold the certificate of fitness for commercial cooking exhaust system servicing technician required to conduct such cleaning and servicing. The principal(s) holding such certificate of fitness may be counted toward such minimum staffing requirement only if the principal(s) will be personally conducting such cleaning and servicing.

      (D) The company shall possess all tools, materials and equipment required to safely clean and service commercial cooking exhaust systems, including ladders, lighting equipment, scraping and washing equipment, cleaning materials, and vehicle(s) marked with the company name and company certificate number.

  1. General Application Requirements. Applicants for a company certificate shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such certificate in accordance with FC115, this section and the rules.

   (1) Application forms and information. Information relating to company certificate requirements and application procedures, including application forms, may be obtained from the Department’s web site, www.nyc.gov/fdny, and from the Licensing Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.

   (2) Submission of applications. Original applications for company certificates shall be filed in person with the Licensing Unit of the Bureau of Fire Prevention. Renewal certificate applications may be filed in person or by mail, except as may be otherwise specified by the Department.

   (3) Incomplete applications. The Department reserves the right not to accept for filing any application that is incomplete or otherwise deficient, including any application that is submitted without the required supporting documentation or application fee. The Department will provide the applicant notice of any application that is not accepted, and, except for applications determined to be fraudulent, shall afford the applicant a reasonable time to correct or supplement such application. Original applications not corrected or supplemented within 30 days of being notified will be deemed abandoned.

   (4) Identification. Applicants for an original company certificate shall provide two (2) pieces of picture identification satisfactory to the Department, such as a driver’s license, passport or employee identification card. The Department reserves the right to require additional identification.

   (5) Photographs. All applicants for an original company certificate will be photographed by the Department for identification purposes. The Department may require a company certificate holder filing for renewal of their certificate to report to the Department to be photographed. Failure to comply with such a notice constitutes grounds for non-renewal of the certificate. In lieu of, or in addition to, such photographs, the Department may require submission of two passport-size photographs in connection with an original or renewal company certificate application.

   (6) Fees. Application fees relating to company certificates shall be as set forth in FC Appendix A and the rules. Except as otherwise authorized by the Department, fees shall be paid in cash, check or money order payable to the “New York City Fire Department.”

   (7) Applicants delinquent on child support payments. In accordance with the United States Social Security Act, 42 U.S.C. § 666(a)(13), and New York State General Obligations Law § 3-503, applications for original or renewal company certificates will be reviewed for compliance of its principals and officers with child support obligations and will be denied when required by such laws when one (1) or more of such principals or officers has been identified by the Office of Child Support Enforcement of the New York City Human Resources Administration (or any successor agency) as delinquent on child support payments. The principals and officers of applicants for company certificates will be required to disclose their social security numbers for purposes of such review.

   (8) Original applications. Applications for a company certificate shall include the following information and documentation, and such other information and documentation as the Department may require:

      (A) A list of all principals and officers of the company, and their prior experience in the business or activity requiring the company certificate, including the names and addresses of all companies with which such principals and officers have been employed or otherwise affiliated in the five-year period prior to the date of filing;

      (B) A list of all federal, state, or local licenses or certificates issued to such company, its principals or officers, in the five-year period prior to the date of filing, that authorize such company or its principals or officers to engage in the business or activity requiring the company certificate, or similar business or activity. A copy of each such license and certificate shall be included with the application;

      (C) A list of its offices, facilities and any specialized equipment required to engage in the business or activity requiring the company certificate;

      (D) A roster of the certificate of fitness holders who will be working under the company certificate, including their names and certificate of fitness numbers;

      (E) A copy of any and all violations, judgments, convictions and penalties issued to or entered against the company, its principals and officers, in the five-year period prior the date of filing relating to the business or activity requiring the company certificate, or similar business or activity, or relating to the offering or receiving of a bribe or unlawful gratuity. A copy of the charges, pleadings, adjudications and certificates of disposition from any such civil or criminal proceeding shall be included with the application;

      (F) A list of any permits issued to the company, its principals or officers, including the Department account numbers; and

      (G) The name, address and contact information for the agent for receipt of process required by R115-01(b)(3).

   (9) Renewal applications. Renewal applications shall disclose any changes in the company’s principals and officers, offices and facilities, roster of certificate of fitness holders, and permits; disclose any violations, judgments, criminal convictions and penalties since the last date of filing; and include a copy of all current licenses and certificates.

  1. Special Application Requirements. In addition to the general application requirements set forth in R115-01(e), applications for the following company certificates shall include the following information and documentation:

   (1) Central station certificates of operation. Applicants for such a company certificate shall include a copy of the listing or approval required by R115-01(d)(2);

   (2) Fireworks contractor certificates. Application for such a company certificate shall include a list of the fireworks displays conducted by the company, its principals or officers, in the three-year period prior to the date of filing, setting forth the date and location of such fireworks displays, and the number and types of fireworks discharged, including proof satisfactory to the Department that the company, its principals or officers, have safely conducted fireworks displays in urban or other confined settings comparable to those found in New York City;

   (3) Portable fire extinguisher servicing company certificates. Application for such a company certificate shall include a list of any other portable fire extinguisher servicing company certificate holders that will be performing services on behalf of the applicant in connection with the servicing of portable fire extinguishers, including a copy of the written agreement between such companies.

  1. General Insurance Requirements.

   (1) Except as may be otherwise required by the Fire Code or the rules, applicants for, and holders of, a company certificate shall maintain a liability insurance policy in an amount not less than five hundred thousand dollars ($500,000), issued by an approved insurance company that is licensed to do business in New York State and has an A.M. Best rating of A- or better.

   (2) Such liability policy shall provide insurance coverage in the event of any death, injury, damage or other loss to persons or property arising from the conduct of the business or activity requiring the company certificate. Such coverage shall be at least as broad as that set forth in the edition of ISO Form CG 0001 most recently published as of the time coverage is obtained, and shall include completed operations.

   (3) The Department may relieve the holder of a company certificate of the obligation to maintain the liability insurance policy required by this section if the certificate holder makes a written request to the Department to place its company certificate in “Not in Use” (inactive) status, and the Department grants such request. The holder of the company certificate shall not engage in any business or activity requiring the company certificate while its certificate is in such “Not in Use” status, and shall not resume any such business or activity unless and until a written request has been made to the Department to restore such company certificate to active status, together with proof of compliance with the liability insurance policy required by the Fire Code, the rules or this section, and the certificate is restored by the Department to active status.

   (4) ARC system testing company certificates. Application for such a company certificate shall include:

      (A) a list of the ARC systems, or other in-building radio communication systems, installed and/or tested by the company, its principals or officers, in the three-year period prior to the date of filing, including the addresses of the buildings in which such systems were installed and/or tested and the dates of such installation and/or testing;

      (B) documentation of any enforcement action taken by FCC or other governmental authority with respect to an FCC General Radiotelephone Operator License or other radio communication-related license or permit held or formerly held by any principal or officer of the company in the five-year period prior to filing;

      (C) a request, in a form approved by the Department, for Department approval to purchase two (2) or more portable radios of the type utilized by Department personnel, and for Department programming of such portable radios to operate on radio frequencies licensed by the FCC to the City of New York, solely for purposes of the company certificate holder’s testing of ARC systems; and

      (D) A written agreement, executed by a principal or officer of the company, in the form specified by the Department, that sets forth terms and conditions for use, by the company and its personnel, of portable radios that operate on Department frequencies, including compliance with FCC regulations and other applicable, laws, rules and regulations, and the authority of the Department to direct the company and its personnel to immediately discontinue operating on the frequencies and to submit the company’s portable radios to the Department for removal of Department programming.

  1. Special Insurance Requirements. In addition to the general insurance requirements set forth in R115-01(g), applicants for, and holders of, the following company certificates shall comply with the following insurance requirements:

   (1) Blasting contractor certificates. Applicants for, and holders of, blasting contractor certificates shall maintain a liability insurance policy in an amount not less than five million dollars ($5,000,000). Such insurance policy shall name the City of New York and the New York City Fire Department as additional insured parties, provide that the limit of coverage applicable to the named insured is equally applicable to the additional insured parties, and shall provide for notice to the Department at least thirty (30) days prior to any cancellation or termination of such policy. Such insurance policy shall provide coverage at least as broad as set forth in the most recent edition of ISO Forms CG 2012 or CG 2026.

   (2) Fireworks contractor certificates. Applicants for, and holders of, fireworks contractor certificates shall maintain a liability insurance policy in an amount not less than two million dollars ($2,000,000). Such insurance policy shall name the City of New York and the New York City Fire Department as additional insured parties, provide that the limit of coverage applicable to the named insured is equally applicable to the additional insured parties, and shall provide for notice to the Department at least thirty (30) days prior to any cancellation or termination of such policy. Such insurance policy shall provide coverage at least as broad as set forth in the most recent edition of ISO Forms CG 2012 or CG 2026.

  1. Misconduct. In addition to any other penalties provided by law, misconduct on the part of a company that is applying for, or holds, a company certificate, and/or its principals or officers, shall be grounds for denial, non-renewal, suspension or revocation of a company certificate, and/or any other Department certificates held by the principals or officers of the company. Such misconduct includes, but is not limited to:

   (1) the failure of a holder of a company certificate, its principals or officers, to properly discharge the duties of such certificate, including failing to properly supervise the work being conducted such certificate;

   (2) any false and fraudulent conduct in connection with an application for a company certificate or the duties of a company certificate holder, including:

      (A) any false or fraudulent statement or submission; and

      (B) any unauthorized alteration or use of a company certificate or possession of any fraudulent company certificate;

   (3) any other unlawful or unsafe conduct that bears on the integrity or reliability of an applicant or company certificate holder, its principals or officers;

   (4) the failure to maintain the liability insurance policy required by the Fire Code or the rules;

   (5) the failure to obtain or maintain any license or other approval required by a federal, state or City agency to engage in the business or activity requiring the company certificate;

   (6) the failure to promptly notify the Department of any change in the designated agent for receipt of process, pursuant to R115-01(b)(3), or applicant’s or certificate holder’s contact information, or any other notification required pursuant to R115-01(b)(4);

   (7) misrepresenting the company, its principals, officers or employees, to be Department officials, employees or agents, including representing that the company, its principals, officers or employees, possess the authority to enforce the Fire Code or the rules, or wearing the uniform or insignia of the Department or similar attire or insignia that may mislead the public; or

   (8) with respect to portable fire extinguisher sales company certificates required for persons engaged in the business of selling portable fire extinguishers door-to-door, to sell, offer for sale or otherwise provide to the owner of buildings or businesses, for use on their premises, any portable fire extinguisher for a particular occupancy or use, when such portable fire extinguisher is no longer approved for such occupancy or use and/or would not be in compliance with the portable fire extinguisher requirements for such occupancy or use set forth in the Fire Code or the rules.

§ 115-02 Issuance of Proof of Compliance to Company Certificate Holders

(a) Scope. This section governs the requirements for issuance by the Department of decals and tags or other proof of compliance to companies and individuals to document the performance of certain fire safety inspections, testing, cleaning, servicing and/or other required or regulated activities.
  1. Definition. The following term shall, for purposes of this section, have the meaning set forth herein.

   Proof of compliance.Department-Issued decals, tags or other forms of documentation, individually marked and/or numbered to identify the company and person who performed certain fire safety inspections, testing, cleaning servicing and/or other required or regulated activities.

  1. General. The Department will issue proof of compliance in accordance with the requirements and procedures set forth in this section.

   (1) Types. The Department will issue only to businesses holding the following company certificates proof of compliance for the following fire safety inspections, testing, cleaning and servicing activities:

      (A) Company certificate for portable fire extinguisher sales and company certificate for portable fire extinguisher servicing: proof of compliance for portable fire extinguisher inspection, testing and servicing (including repair and recharging).

      (B) Company certificate for commercial cooking exhaust system servicing: proof of compliance for commercial cooking exhaust system inspection and cleaning.

   (2) Issuance procedure. An authorized representative of a business holding a company certificate shall submit a written request (in such form or manner as prescribed by the Department) to the Public Certification Unit of the Bureau of Fire Prevention for issuance of proof of compliance. The Department will coordinate the purchase of the proof of compliance from an authorized vendor. Price, order and payment arrangements will be published on the Department’s website (www.nyc.gov/fdny) and are subject to change. Minimum order sizes may apply. Except as otherwise provided in R115-02(d)(6), the purchase price is non-refundable and the proof of compliance is not returnable.

  1. Use of Proof of Compliance.

   (1) Authorized use. Use of proof of compliance is restricted to the business to which the proof of compliance is issued, and to the certificate of fitness holders employed by the company who actually conduct commercial cooking exhaust duct system cleaning. Proof of compliance may not be transferred to any other company (including any subsidiary or other entity related to the company holding a company certificate) without the prior written authorization of the Chief of Fire Prevention.

   (2) Commercial cooking exhaust system. The proof of compliance for a commercial cooking system (including any insert or marking identifying the certificate of fitness holder who performed the servicing) shall be affixed to each hood upon completion of a cleaning of the entire commercial cooking exhaust system (including any precipitator or other pollution control device) in compliance with FC609, by the certificate of fitness holder who conducted the cleaning.

   (3) Portable fire extinguisher. The proof of compliance for a portable fire extinguisher (including any insert or marking identifying the certificate of fitness holder who performed the servicing) shall be affixed to the extinguisher upon completion of the annual inspection and any required servicing.

   (4) Safeguarding and reporting of loss or theft. The principals and officers of each company to which proof of compliance has been issued, and the certificate of fitness holders authorized to handle and affix proof of compliance for such company, shall safeguard the proof of compliance. Loss or theft of proof of compliance shall be reported to the Public Certification Unit of the Bureau of Fire Prevention by the company certificate holder or certificate of fitness holder within two (2) business days. Notification shall also be made to the Public Certification Unit within two (2) business days of the date a certificate of fitness holder leaves employment with the company, to enable the Department to monitor any future use of proof of compliance by that certificate of fitness holder.

   (5) Unauthorized use and misuse. Unauthorized use of proof of compliance, by a company or individual other than the company to which the proof of compliance was issued (and its authorized representatives), and misuse of proof of compliance, by the company to which it was issued (and its authorized representatives):

      (A) is a violation of the Fire Code, this Section, R113-01 and R115-01;

      (B) may result in imposition of a civil or criminal penalty;

      (C) may result in denial of an application for a company certificate or certificate of fitness; and

      (D) constitutes misconduct within the meaning of R113-01(g) and R115-01(i), and may result in suspension, revocation and/or non-renewal of a company certificate and/or certificate of fitness.

   (6) Changes in business operations. A company certificate holder to which proof of compliance has been issued must provide at least 10 business days’ advance notice in writing to the Public Certification Unit of the Bureau of Fire Prevention any change in ownership, office location, or other information required by the application for issuance of the proof of compliance. If permanently discontinuing business operations, the company certificate holder may obtain a full refund of unused proof of compliance (not to exceed 4,000 items) by giving notice of discontinuance of business operations to the Public Certification Unit, and returning the unused proof of compliance, within 10 business days of discontinuing business operations.

  1. Recordkeeping.

   (1) Each holder of a company certificate shall maintain a record of the identifying numbers of all proof of compliance:

      (A) issued to the company;

      (B) supplied by the company to individual certificate of fitness holders employed by the company and authorized to conduct the regulated activity and affix the proof of compliance;

      (C) used to document the conduct of the regulated activity, as set forth in R115-02(e)(2) and (3); and

      (D) lost or stolen, and the date such loss or theft was reported to the Department, as set forth in R115-02(d)(4).

   (2) Each holder of a company certificate for commercial cooking exhaust cleaning shall maintain a record of the following information to document use of proof of compliance (in accordance with FC107.7):

      (A) Date of the cleaning and/or servicing of each commercial cooking exhaust system;

      (B) The business name and address at which the commercial cooking exhaust system was cleaned and/or serviced, and proof of compliance affixed;

      (C) The names and certificate of fitness numbers of the technicians that conducted the cleaning and/or servicing; and

      (D) The identifying number of the proof of compliance.

   (3) Each holder of a company certificate for portable fire extinguisher sales or servicing shall maintain a record (in accordance with FC107.7) of the following information to document use of proof of compliance:

      (A) The identifying number of the portable fire extinguisher to which proof of compliance was affixed;

      (B) The name of the business to or for which the portable fire extinguisher was sold and/or serviced, and the premises address at which the portable fire extinguisher will be used;

      (C) The name(s) and certificate of fitness number(s) of the technicians that conducted the cleaning and/or servicing; and

      (D) The identifying number of the proof of compliance.

§ 116-01 Expeditor Registration.

(a) Scope. This section sets forth standards, requirements and procedures for the registration of expeditors pursuant to FC116.
  1. General Provisions.

   (1) General requirements. Expeditors shall register in compliance with the requirements of FC116 and this section.

   (2) Time for registration. Expeditors shall register at least two (2) weeks prior to engaging in expediting activities regulated by FC116.

   (3) Change of contact information. All registrants are required to promptly notify the Department of any change in the registrant’s address, telephone number and other contact information, and such other information as the Department may require.

  1. Registration Standards. The Department will register an expeditor for the purposes of FC116 where the expeditor possesses and satisfactorily demonstrates to the Department that he or she possesses the integrity and fitness to engage in the submission, filing, requesting, negotiating or otherwise seeking approval of applications for issuance of permits, design and installation documents and other Department approvals, given that such approvals affect public safety.
  2. Registration Requirements.

   (1) Registration forms and information. Information relating to expeditor registration requirements and procedures, including registration forms, may be obtained from the Department’s web site, www.nyc.gov/fdny, and from the Licensing Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.

   (2) Submission. Expeditor registrations shall be filed in person with the Licensing Unit of the Bureau of Fire Prevention. Renewal registrations may be filed in person or by mail, except as may be otherwise specified by the Department.

   (3) Incomplete registration forms. The Department reserves the right not to accept for filing any registration form that is incomplete or otherwise deficient, including any registration form that is submitted without the required supporting documentation or registration fee. The Department will provide an expeditor notice of any registration that is not accepted, and, except for registrations determined to be fraudulent, shall afford the expeditor a reasonable time to correct or supplement such registration. Original registration forms not corrected or supplemented within 30 days of being notified will be deemed abandoned.

   (4) Identification. Expeditors seeking to file an original registration form shall provide two (2) pieces of picture identification satisfactory to the Department, such as a driver’s license, passport or employee identification card. The Department reserves the right to require additional identification.

   (5) Photographs. All expeditors filing an original registration form will be photographed by the Department for identification purposes. The Department may require an expeditor filing for renewal of their registration to report to the Department to be photographed. Failure to comply with such a notice constitutes grounds for non-renewal of the registration. In lieu of, or in addition to, such photographs, the Department may require submission of two passport-size photographs in connection with an original or renewal registration form.

   (6) Fees. Expeditor registration fees shall be as set forth in FC Appendix A or the rules. Except as otherwise authorized by the Department, fees shall be paid in cash, check or money order payable to the “New York City Fire Department.”

   (7) Expeditor registrants delinquent on child support payments. In accordance with the United States Social Security Act, 42 U.S.C. § 666(a)(13), and New York State General Obligations Law § 3-503, expeditor registrations will be reviewed for compliance with child support obligations and will be denied when required by such laws when the registrant has been identified by the Office of Child Support Enforcement of the New York City Human Resources Administration (or any successor agency) as delinquent on child support payments. Expeditors will be required to disclose their social security numbers on their registration forms for purposes of such review.

   (8) Original registrations. Expeditors seeking to register with the Department shall submit the following information and documentation, and such other information and documentation as the Department may require:

      (A) A resume or other documentation indicating prior experience as an expeditor in connection with matters before the Department or other federal, state or local governments, including the names and addresses of any employers;

      (B) A list of all federal, state, or local licenses or certificates issued to such company, its principals or officers, in the five-year period prior to the date of filing, that authorize the expeditor to engage in a profession, business or other regulated activity. A copy of each such license and certificate shall be included with the registration; and

      (C) A copy of any and all violations, judgments, convictions and penalties issued to or entered against the registrant in the five-year period prior the date of filing, in connection with his or her expediting business and activity, any business or activity regulated by the Department, or the offering or receiving of a bribe or unlawful gratuity. A copy of the charges, pleadings, adjudications and certificates of disposition from any such civil or criminal proceeding shall be included with the application.

   (9) Renewal registrations. Renewal applications shall disclose any changes in the company’s principals and managers; disclose any violations, judgments, criminal convictions and penalties since the last date of registration; and include a copy of all current licenses and certificates.

  1. Misconduct. In addition to any other penalties provided by law, misconduct on the part of an expeditor shall be grounds for non-acceptance, non-renewal, suspension or revocation of registration. Such misconduct includes, but is not limited to:

   (1) any false or fraudulent conduct in connection with registration as an expeditor, including:

      (A) any false or fraudulent statement or submission; and

      (B) any unauthorized alteration or use of a certificate or possession of any fraudulent certificate;

   (2) any false or fraudulent conduct in connection with an application for a permit, approval of a design or installation document, or other Department approval, including but not limited to:

      (A) any false statement or submission;

      (B) knowingly or negligently misleading or failing to disclose facts material to the determination of any such application;

      (C) impersonating another or allowing oneself to be impersonated.

   (3) the destruction or removal from Department premises of official Department records or other Department property;

   (4) the offer or receipt of a bribe or unlawful gratuity, or any other unlawful conduct that bears on the integrity of the expeditor;

   (5) the failure to report any conviction of a criminal offense relating to false or fraudulent submissions to any governmental agency, the offering or receiving of a bribe or unlawful gratuity, or in connection with the registrant’s expediting business or activity;

   (6) the provision of assistance or other participation in the misconduct of any other individual, including individuals exempt from expeditor registration requirements pursuant to FC116.1, in relation to any application to, or other dealings with, the Department; and

   (7) the failure to promptly notify the Department of any change in the registrant’s contact information, or an other notification required pursuant to R116-01(b)(2).

Chapter 2: Definitions

§ 202-01 Definitions.

(a) Scope. This section sets forth or references definitions for terms used in the rules.
  1. General Provisions.

   (1) Terms defined in the Fire Code. Unless otherwise expressly stated, terms used in the rules that are defined in the Fire Code shall have the meanings ascribed to them in the Fire Code definitions.

   (2) Terms defined in the rules. Unless otherwise expressly stated, terms used in the rules shall have the meanings ascribed to them in the definitions set forth in this section or in the other sections of the rules referenced in this section.

   (3) Other words and terms. Words and terms other than defined terms shall be interpreted in accordance with the provisions of FC201.

   (4) Identification of defined terms. Terms defined in the Fire Code or the rules appear in the rules in italics.

   (5) Identification of rule sections. A capital letter “R” preceding any number in the rules, e.g., R201-01(b), shall indicate that reference is being made to a section of the rules or subdivision thereof.

  1. Definitions.

   Administrative Code. New York City Administrative Code.

   Alarm service. See R901-01(b).

   Approved central station company. See R901-01(b).

   Asphalt melter. An approved device designed to heat asphalt, typically for waterproofing operations, that, utilizing a flammable gas or a combustible liquid, generates an enclosed flame that indirectly heats a vessel containing the asphalt.

   Bureau of Fire Prevention. Bureau of Fire Prevention of the New York City Fire Department.

   Central station company. See R901-01(b).

   Central station signaling system. See R901-01(b).

   Core building system. [Reserved.]

   Department of Buildings. New York City Department of Buildings.

   Department of Consumer Affairs. New York City Department of Consumer Affairs.

   Department of Environmental Protection. New York City Department of Environmental Protection.

   Designated representative. See R901-01(b).

   Designated smoking room. See R310-01(b).

   ECB. See R109-01(b).

   Electrical Code. The New York City Electrical Code.

   Fire Prevention Code. The New York City Fire Prevention Code, repealed effective July 1, 2008 by New York City Local Law No. 26 of 2008.

   Flammable plastic foam product. See R315-01(b).

   gpm. Gallons per minute.

   Inspector’s test connection. See R903-01(b).

   Letter of approval. [Reserved.]

   Mandatory system. See R901-01(b).

   Mobile CNG motor fuel system. See R2208-01(b).

   Mobile CNG cascade. See R2208-01(b).

   Natural gas. A mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form.

   Notice of disposal. See R104-03(b).

   Notice of seizure. See R104-03(b).

   Notice of violation. See R109-01(b).

   OATH. New York City Office of Administrative Trials and Hearings.

   Piped natural gas. Natural gas supplied by means of piping connected to a public utility distribution system.

   Plumber. A licensed master plumber, as that term is defined by the Building Code, or a person working under the direct and continuing supervision of a licensed master plumber, as authorized by said code.

   Pre-existing (facility or condition). See R102-01(b).

   Pressure reducing devices. See R905-01(b).

   Pressure restrictors. See R905-01(b).

   Professional certification. [Reserved.]

   Proprietary central station. See R901-01(b).

   Proprietary signaling system. See R901-01(b).

   psi. Pounds per square inch.

   psig. Pounds per square inch gauge.

   Runner service. See R901-01(b).

   Subscriber. See R901-01(b).

   Tar kettle. A device designed to heat tar, asphalt, pitch or similar materials, typically for waterproofing operations, that, utilizing a flammable gas or a combustible liquid, generates a flame to heat a vessel containing such a material. Tar kettle does not include asphalt melters.

   Terminal. See R901-01(b).

   Transmitter. See R901-01(b).

   Voluntary system. See R901-01(b).

   Window/egress gate. See R1025-01(b).

Chapter 3: General Precautions Against Fire

§ 301-01 Marinas.

(a) Scope. This section sets forth requirements for the supervision of marinas mooring or storing more than five (5) marine vessels or watercraft 65 feet or less in length.
  1. General Provisions.

   (1) Supervision.

      (A) Every facility regulated by this section shall at all times during regular business hours be under the personal supervision of a person holding a certificate of fitness. Such individual shall be responsible for ensuring compliance with the requirements of this section.

      (B) Where watercraft berthed in a facility regulated by this section are occupied overnight, a fire watch shall be maintained at all times other than regular business hours. A watchman time detector and watchman service shall be provided on a 24 hour basis. Such watchman shall hold a certificate of fitness as a fire guard and shall make hourly rounds to each of the stations. Records of these rounds shall be maintained.

§ 303-01 Liquid-Fueled Tar Kettles and Asphalt Melters.

(a) Scope. This section sets forth requirements for the storage, handling and use of liquid-fueled tar kettles and asphalt melters.
  1. General Provisions.

   (1) Prohibition. It shall be unlawful to use tar kettles and asphalt melters that utilize a flammable liquid as a fuel.

   (2) Storage, handling and use. Liquid fueled tar kettles and asphalt melters that utilize a combustible liquid as a fuel shall be stored, handled and used in the same manner as LPG-fueled tar kettles, in compliance with FC303 and R3809-01(j)(2)(F).

§ 307-01 Coke-Fueled Salamanders.

(a) Scope. This section sets forth requirements for the storage, handling and use of coke and coke-fueled salamanders at construction sites.
  1. General Provisions. Coke and coke-fueled salamanders shall be stored, handled and used in compliance with the requirements of FC307.6 and this section.

   (1) Permits. Pursuant to FC105.6, a permit shall be obtained from the Department prior to the storage, handling or use of coke-fueled salamanders at a construction site.

   (2) Supervision. Pursuant to FC307.6, the handling or use of coke and coke-fueled salamanders at a construction site shall be under the personal supervision of a certificate of fitness holder. The storage of coke and coke-fueled salamanders at a construction site shall be under the general supervision of a certificate of fitness holder. The certificate of fitness holder shall ensure that the coke and coke-fueled salamanders are safely stored, handled and used in compliance with the requirements of this section.

  1. Prohibitions. It shall be unlawful to:

   (1) use a coke-fueled salamander at any location other than a construction site at which construction work is being performed pursuant to a work permit issued by the Department of Buildings;

   (2) use a coke-fueled salamander at a construction site where the sprinkler system and/or standpipe system required by the Building Code is out of service, or any part of such system is out of service, in the area in which coke or coke-fueled salamanders are being handled or used;

   (3) use a coke-fueled salamander for purposes of human comfort, or any other purpose other than construction-related drying or curing;

   (4) store, handle or use a coke-fueled salamander at a construction site without a permit;

   (5) store, handle or use coke or a coke-fueled salamander at a construction site without the requisite supervision;

   (6) use a flammable liquid, combustible liquid or any other type of accelerant to ignite or reignite the coke;

   (7) use a coke-fueled salamander at a construction site in any of the following locations:

      (A) on a scaffold;

      (B) in any occupied building;

      (C) on any floor where hazardous materials are stored or are in use;

      (D) on any floor that is of combustible construction;

      (E) within ten (10) feet of any wall opening of an adjoining occupied building; or

      (F) within 50 feet of any building occupied for educational, health care or religious purposes, place of assembly or other place of public gathering.

  1. Design and Installation Requirements. Coke-fueled salamanders shall consist of a metal vessel, inner grate and ash pan, which shall be fabricated in compliance with the following requirements:

   (1) The vessel and inner grate shall be designed and fabricated with sufficient strength to support the weight of the coke, and with sufficient durability to withstand repeated exposure to the heat generated by the burning coke.

   (2) The vessel shall be designed and fabricated:

      (A) of metal not less than 18 gauge in thickness, with welded joints;

      (B) with a diameter that does not exceed 17 inches, a height that does not exceed 20 inches and a height to diameter ratio that does not exceed 1.18;

      (C) to be supported by sturdy metal legs, welded to the vessel, that are designed to maximize stability and reduce the potential for tipping, and that do not extend more than 12 inches from the bottom of the vessel.

   (3) The inner grate shall be fabricated of metal of substantial gauge, and installed or securely rest at the base of the vessel so as to securely hold the coke to be burned.

   (4) The ash pan shall be fabricated of sheet metal, with not less than a two (2) inch lip on all sides to contain the ash. The ash pan shall extend at least two (2) feet beyond the salamander in all directions.

  1. Operational Requirements. Coke-fueled salamanders shall be operated and maintained in compliance with the following requirements:

   (1) Coke-fueled salamanders in use shall be placed at least ten (10) feet from combustible material, except that such salamanders may be placed not less than 24 inches from wooden column form work or such further distance as will ensure that the form work does not attain temperatures equal to or greater than 194 degrees Fahrenheit and is not charred.

   (2) The ash pan shall be placed and positioned under the salamander. A layer of moistened sand shall be placed in the ash pan prior to use of the coke-fueled salamander. The ash pan shall be regularly emptied, so as to prevent ash from spilling over the lip of the ash pan.

   (3) Coke-fueled salamanders shall be loaded with coke to not more than two-thirds (2/3) of the vessel’s capacity, and ignited by the certificate of fitness holder using an approved LPG-fueled torch having an LPG container capacity of not more than 20 pounds.

   (4) Coke-fueled salamanders that become damaged or unsafe to use shall be immediately extinguished and removed from the premises or, if repairable, shall be restored to a safe condition before being returned to use.

   (5) Coke-fueled salamanders shall only be used in areas with sufficient quantities of fresh air so as to maintain carbon monoxide below levels required by Federal, State and City laws, rules and regulations. The certificate of fitness holder shall inspect and conduct the required monitoring in such areas not fewer than once an hour when coke salamanders are in use, to ensure that carbon monoxide levels are being maintained below such levels.

   (6) Coke shall be stored in an approved metal bin when not being burned in a salamander. The storage bin shall be located at least ten (10) feet from any coke-fueled salamanders that are in use.

   (7) Tarpaulins used to retain heat in areas in which coke-fueled salamanders are in use shall be:

      (A) made of materials that are inherently flame-resistant or treated to be flame-resistant;

      (B) securely fastened to prevent movement caused by the wind; and

      (C) placed not less than ten (10) feet from any coke-fueled salamander.

   (8) Any areas in which coke-fueled salamanders are in use shall be adequately lighted to allow safe operation of the coke-fueled salamanders and to minimize the risk of accidental contact from construction activity on the construction site. Any electrical wiring or devices shall be installed in accordance with the Electrical Code.

   (9) Coke-fueled salamanders in use shall be inspected on a periodic basis by the certificate of fitness holder. Inspections shall be conducted as frequently as necessary to ensure the safe operation of the coke-fueled salamanders but in no circumstance less than once an hour.

  1. Portable Fire Extinguisher Requirements. Areas in which coke-fueled salamanders are in use shall be provided with portable fire extinguishers with at least a 4-A rating for each 1,000 square feet, with a maximum travel distance to an extinguisher of not more than 75 feet.
  2. Recordkeeping. Periodic inspections of coke-fueled salamanders required to be conducted by the certificate of fitness holder, and any corrective action taken, shall be recorded in a bound log book maintained at the construction site. The log book shall be made available for inspection by any Department representative.

§ 308-01 Use of Open Flames in Group A Occupancies and Similar Public Gathering Places.

(a) Scope. This section sets forth standards, requirements and procedures for the use in Group A occupancies and similar public gathering places of open flames and open-flame devices.
  1. Definitions. The following term shall, for purposes of this section and as used elsewhere in the rules, have the meaning shown herein:

Open-flame decorative device. An open-flame device used for decorative or lighting purposes, including wall-mounted candles, torch sconces, insect-repellent candles, tabletop candles and lamps, free-standing torch holders and candelabras, and similar devices.

  1. General Provisions.

   (1) Use of open flames and open-flame devices. Open flames and open-flame devices shall be handled and used in compliance with the requirements of FC308 and this section.

   (2) Open flame permits.

      (A) Pursuant to FC105.6, a permit shall be obtained for the use of open flames in any Group A occupancy, in any covered mall and in any other indoor public gathering place (including any outdoor area ancillary to such occupancy or gathering place, such as a courtyard, rear yard, rooftop or sidewalk).

      (B) Applications for open flame permits shall identify the types of open flames and open-flame devices proposed to be used on the premises, and the locations at which they are to be used.

      (C) Applications for open flame permits will be denied if violations are outstanding for the sprinkler system, standpipe system or fire alarm system or there is any other indication that such systems may not be in good working order.

   (3) Clearance from combustible materials. Pursuant to FC308.3.3, open flames and open-flame devices shall be kept a safe distance from combustible materials, and shall be placed at locations that minimize the risk of accidental ignition thereof.

   (4) Special effects. It shall be unlawful to store, handle or use any fireworks or pyrotechnic material, article or device without a special effects permit issued pursuant to FC Chapter 33 and the rules.

  1. Use of Candles For Decorative Lighting Purposes.

   (1) Types of candles.

      (A) It shall be unlawful to use candles containing magnesium or other oxidizing agents or other accelerators, including candles that re-ignite themselves.

      (B) Nothing contained herein shall be construed to prohibit use of Number 0 birthday candles (which are 1/16” in diameter and 21/2” in length) and Number 00 birthday candles (which are 1/8” in diameter and 3” in length) when used on a cake or other food item for a festive occasion. Use of such candles for such purpose shall not be subject to the requirements of R308-01(d)(2).

   (2) Candleholders.

      (A) It shall be unlawful to use cardboard, paper or flammable plastic candleholders.

      (B) Candleholders shall be weighty, have a low center of gravity or be otherwise designed and constructed to resist accidental tipping in accordance with FC308.3.2(4).

   (3) Placement.

      (A) The flames of candles placed on tables shall be protected in accordance with FC308.3.2(5).

      (B) No candle shall be placed more than 24 inches above the dining table, except as approved by the Department.

  1. Use of Combustible Liquids in Lamps and Similar Open-Flame Decorative Devices.

   (1) Type of fuel. Combustible liquids used as fuel in lamps and similar open flame decorative devices shall be odorless and smokeless and shall have a flash point of not less than 140°F.

   (2) Storage of fuel. No more than ten (10) gallons of combustible liquids may be stored on the premises as a reserve fuel supply for lamps and similar open flame decorative devices. Such reserve fuel supply shall be stored in compliance with Fire Code requirements, including FC Chapter 34.

   (3) Types and filling of devices.

      (A) Combustible liquids shall be used only in open-flame decorative devices properly protected by noncombustible enclosures complying with the requirements of FC308.3.2 Fuel reservoirs for such lamps shall be constructed of metal unless the open-flame decorative device is designed to store no more than four (4) fluid ounces of fuel.

      (B) The wick for the lamp shall completely fill the wick tube to prevent vapors from rising around the wick.

      (C) Lamps and similar open-flame decorative devices shall be filled in well-lit areas, at a safe distance from any open flame. Lamps and similar open-flame decorative devices shall not be filled in the dining room.

   (4) Placement of devices.

      (A) When used on dining tables that are combustible, lamps and similar open-flame decorative devices shall be placed on a noncombustible tray or mat.

      (B) It shall be unlawful to use combustible liquids in hanging lamps and similar open-flame decorative devices.

  1. Use of Candles and Solid Alcohol For Food Warming.

   (1) Construction of serving tables. Serving tables used to hold food warmers shall have noncombustible tops, or shall be protected by a noncombustible mat that covers the entire table top. Such mat shall be placed on top of the tablecloth.

   (2) Use of noncombustible mats. When food warmers are used on dining tables, noncombustible mats extending eight (8) inches from each side of the food warmer, or a metal tray designed to contain the candle or hold the contents of a full container of heating fuel, shall be placed under the food warmer.

   (3) Handling of food warmers. Food warmers shall not be removed from a dining or serving table while the candle or heating fuel is lit.

   (4) Wheeled or other portable serving tables.

      (A) Wheeled or other portable serving tables shall be designed to prevent the heating fuel from being dislodged while the server is in motion.

      (B) No more than two (2) levels of food warmers may be used on a wheeled or other portable serving table.

      (C) Wheeled or other portable serving tables shall not be allowed to obstruct aisles or other means of egress.

  1. Use of Charcoal Briquettes and Other Solid Fuels (Except Solid Alcohol) For Cooking and Food Warming.

   (1) Handling.

      (A) The charcoal briquettes or other solid fuel used for cooking or food warming purposes shall be stored in a metal cabinet. Such cabinet shall be situated in a cool, dry location.

      (B) Flammable and combustible liquids shall not be used to ignite, or accelerate ignition of, the charcoal briquettes or other solid fuel. Such fuels shall be ignited in an oven in the kitchen.

      (C) The charcoal briquettes or other solid fuel shall be placed in a hibachi, or other approved cooking or food warming device, in the kitchen, and moved directly to the dining table.

      (D) The hibachi or other approved cooking or food warming device shall be removed directly to the kitchen immediately after use, and the briquettes or other solid fuel, and the ashes, shall be immersed in water. Provisions shall be made for removal of the briquettes and ashes from the hibachi or other approved cooking or food warming device to a pail or other container of water.

      (E) When not in use, hibachis shall be stored on noncombustible shelves or in metal cabinets.

   (2) Construction of hibachis.

      (A) Hibachis shall be constructed of metal of sufficient thickness and strength as to safely contain the heat of the open flame, and shall have a low center of gravity or otherwise be designed and constructed to resist accidental tipping in accordance with FC308.3.2(4).

      (B) Hibachis shall be fully enclosed to contain embers and hot ashes. Ashpit doors must be securely closed during use.

      (C) Hibachis shall not use forced air to intensify heat.

   (3) Construction of dining tables. Dining tables used to hold hibachis or other approved cooking or food warming devices shall have noncombustible tops or shall be protected by a noncombustible mat extending eight (8) inches from each side of the cooking or food warming device.

  1. Pits and Open Grills. Pits and open grills at dining tables or food serving areas shall be designed, installed, operated and maintained in accordance with FC 904.11.
  2. Flaming Food and Beverages. Flaming food and beverages shall be prepared and served in accordance with FC308.6.
  3. Use of LPG for Food Warming and Browning.

   (1) Use. Portable LPG containers may be used for food warming and browning only as authorized by this section. Portable LPG containers shall be used by food preparation staff trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used.

   (2) Devices. All devices fueled by portable LPG containers that are used for food warming and browning purposes, including culinary torches, shall be in accordance with FC3801.4 and R3809-01. Not more than one (1) portable LPG container may be connected to each LPG device.

   (3) Container size. Portable LPG containers for food warming and browning purposes shall be limited to those with a capacity not exceeding 16.4 ounces.

   (4) Storage.

      (A) No more than twelve (12) portable LPG containers shall be stored in the Group A occupancy or public gathering place.

      (B) When not in use, portable LPG containers shall be stored above grade in a metal cabinet, in an area protected by a sprinkler system. Such cabinet shall be installed away from sources of heat.

  1. Use of LPG for Demonstrations and Temporary Exhibitions. Portable LPG containers may be used for demonstrations and temporary exhibitions in accordance with FC3803.2.1.5.

   (1) Demonstrations. Except as otherwise provided in R308-01(j)(2):

      (A) Use. Portable LPG containers may be used for demonstration purposes when electricity, piped natural gas or other power source cannot be used to supply power for a device or operation being demonstrated or required for the demonstration. Portable LPG containers shall be handled and used for demonstration purposes only by persons trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used for the demonstration.

      (B) Devices. All devices fueled by portable LPG containers that are used for demonstration purposes shall be in accordance with FC3801.4 and R3809-01. Not more than one (1) portable LPG container may be connected to each LPG device.

      (C) Container size. LPG used for demonstration purposes shall be limited to portable LPG containers with a capacity not exceeding 16.4 ounces.

      (D) Removal from premises. All portable LPG containers and LPG devices used for demonstration purposes shall be delivered to the premises on the day of the demonstration, and removed from the premises no later than the end of the day. Overnight storage is prohibited.

   (2) Trade shows and other temporary exhibitions.

      (A) Use. Portable LPG containers may be used for demonstration purposes, equipment operation or other purpose, where a device cannot be operated or operation cannot be conducted with the use of electricity, piped natural gas or other power source. Portable LPG containers shall be handled and used for demonstration purposes only by persons trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used for the demonstration.

      (B) Devices. All devices fueled by portable LPG containers that are used for demonstration purposes shall be in accordance with FC3801.4 and R3809-01. Not more than one (1) portable LPG container may be connected to each LPG device.

      (C) Container size. Except as may be authorized by the Department, portable LPG containers with a capacity not exceeding 16.4 ounces may be used at trade shows and other exhibitions for demonstration, equipment operation and other necessary purposes.

      (D) Storage and removal from premises.

   (1) No more than 24 portable LPG containers shall be stored in connection with a trade show or other temporary exhibition.

   (2) When not in use, portable LPG containers shall be stored above grade, in a fire-rated storage room protected by a sprinkler system, or in a metal cabinet located in an area protected by a sprinkler system.

   (3) All portable LPG containers and devices shall be removed from the exhibition premises promptly once there is no further need for their use, but in any event no later than the last day of the trade show or other temporary exhibition.

  1. Portable Fire Extinguisher Requirements.

   (1) In addition to complying with the requirements of FC906, Group A occupancies and other public gathering places in which open flames and open-flame devices are used shall comply with the following portable fire extinguisher requirements:

      (A) A portable fire extinguisher with at least a 5-B rating, readily accessible for use, shall be provided at each captain’s station and in the dining room at the entrance to the kitchen.

§ 310-01 Designated Smoking Rooms in Hospitals, Nursing Homes, Rehabilitation Facilities and Similar Medical Facilities Housing the Ill, Aged and Infirm.

(a) Scope. This section sets forth standards, requirements and procedures for designation of smoking rooms in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm.
  1. Definitions. The following terms shall, for purposes of this section and used elsewhere in the rules, have the meaning shown herein:

   Designated smoking room. A room designated for smoking meeting the requirements for a “separate smoking room,” as that term is defined in Administrative Code § 17-502(w).

  1. General Provisions.

   (1) Designation of smoking rooms. Pursuant to FC310.2.4.4, smoking is prohibited in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm, except as authorized by the Department. Smoking rooms in such facilities shall be designated in accordance with the provisions of this section.

   (2) It shall be unlawful for any patient to smoke in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm, except in a designated smoking room which has been approved by the Department.

  1. Application Requirements.

   (1) Applications shall be made to the Department for each room to be designated as a smoking room.

   (2) Applications shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters, and shall include the following information and documentation and such other information and documentation as the Department may prescribe:

      (A) a floor plan indicating the location(s) of rooms to be designated as smoking rooms; and

      (B) an affidavit from a registered design professional professing that the construction and ventilation of designated smoking rooms comply with the requirements of the Building Code and New York City Smoke Free Air Act (Administrative Code Title 17, Chapter 5) and rules promulgated thereunder (Chapter 10 of Title 24 of the Rules of the City of New York).

   (3) Application fees shall be as set forth in FC A03(51).

  1. Operational Requirements.

   (1) Designated smoking rooms shall be provided with an adequate number of noncombustible ashtrays. An ashtray or other noncombustible receptacle shall be provided at each exit from the designated smoking room.

   (2) Doors in designated smoking rooms shall remain closed while people are smoking except to the extent necessary to permit access or egress to and from such rooms.

   (3) Windows in a designated smoking room shall remain closed if smoking is occurring or has recently occurred in the room if the smoke would migrate to an occupied area whether indoors or outdoors.

   (4) No oxygen or other oxidizing gas shall be stored or administered in designated smoking rooms.

  1. Portable Fire Extinguisher Requirements. Designated smoking rooms shall be provided with a portable fire extinguisher with at least a 2-A rating for every 2,500 square feet of floor area or fraction thereof. The travel distance to such portable fire extinguisher shall not exceed 75 feet.
  2. Sign Requirements.

   (1) “NO SMOKING” signs complying with the requirements of R310-02 shall be posted at entrances, in lobbies and corridors, and other conspicuous locations throughout the premises where they may be observed by patients, employees and visitors.

   (2) “SMOKING PERMITTED. IN ACCORDANCE WITH THE NEW YORK CITY SMOKE-FREE ACT, ONLY PATIENTS OF THIS FACILITY MAY SMOKE IN THIS ROOM” signs shall be posted conspicuously at the entrance to and in each designated smoking room.

   (3) In buildings where oxygen or other oxidizing gas is stored or administered in portable containers, “OXYGEN OR OTHER OXIDIZING GAS IS PROHIBITED FROM BEING STORED OR ADMINISTERED IN THIS ROOM” signs shall be posted conspicuously at the entrance to and in each designated smoking room.

§ 310-02 Design of “No Smoking” Signs.

(a) Scope. This section sets forth the approved design for required "No Smoking" signs.
  1. General Provisions.

   (1) Approved design. Where “No Smoking” signs are required by the Fire Code or rules, the content, lettering, size and color of such signs shall comply with the requirements of this section, unless otherwise approved by the Department.

   (2) Reproduction. Permission is granted to the public to reproduce, for use or sale, the design of the “No Smoking” sign set forth in this section, provided that any such reproduction strictly complies with the design requirements set forth in this section.

  1. Design Requirements.

   (1) Pictorial description and layout:

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   (2) Overall sign size: 10” x 14” (or 11” x 15”)

   (3) Symbol: International “No Smoking” symbol (33/4” x 1/4” cigarette and smoke in black; 5/16” x 5/16” ash in red; 61/2” diameter x 3/4” circle with 3/4” cross bar in red).

   (4) Legend:

Legend Letter Size – Capital Color
NO SMOKING IN THESE PREMISES UNDER PENALTY OF FINE OR IMPRISONMENT, OR BOTH, BY ORDER OF THE COMMISSIONER 2”Min. 1”or 3/4”Min. 1/4” Red Black Black

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   (5) Material: For indoor locations, heavy cardboard stock or other approved durable material. For outdoor locations, or indoor locations where the signs may be exposed to conditions that will accelerate deterioration, metal or other approved durable material that is water-resistant.

  1. Authorized Smoking Areas in Hospitals, Nursing Homes and Similar Facilities. Where smoking is authorized in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm pursuant to FC310 and R310-01, “No Smoking” signs conforming to the requirements of this section shall be posted throughout the building, except that the additional legend “EXCEPT IN DESIGNATED LOCATIONS” shall be added immediately following the legend “NO SMOKING IN THESE PREMISES.” Such additional legend shall be in black capital letters with lettering at least 1/2” high.

§ 313-01 Sale of Kerosene Space Heaters.

(a) Scope. This section sets forth requirements for the sale of kerosene space heaters.
  1. General Provisions. Kerosene heaters shall be sold in compliance with the requirements of this section.
  2. Sign and Labeling Requirements. A sign shall be conspicuously posted at any location at which kerosene space heaters are offered for retail sale, and a tag or label shall be affixed to the heater or its packaging in a manner that makes it clearly visible prior to sale. Such sign and such tag or label shall bear the following statement: “The New York City Fire Code prohibits the storage, handling and use of kerosene fueled heaters for space heating. Any person violating that provision may be punished by a fine of up to $10,000 and a term of imprisonment up to 6 months.”

§ 314-01 Indoor Display of Motor Vehicles and Watercraft.

(a) Scope. This section sets forth requirements for the indoor display of motor vehicles and watercraft.
  1. General Provisions.

   (1) Display requirements. Indoor displays of motor vehicles and watercraft shall be designed, installed, operated and maintained in compliance with the requirements of FC314 and this section.

   (2) Department authorization. Motor vehicles and watercraft shall not be displayed indoors until Department approval has first been obtained.

  1. Application Requirements.

   (1) Submission. Applications for Department authorization shall be submitted to the Bureau of Fire Prevention.

   (2) Content. Applications for Department authorization shall include the following information, and such other information and documentation as the Department may require:

      (A) The name and address of the owner of the building or structure, including any tent or other membrane structure, or part thereof, in which the display is to be conducted;

      (B) The name and address of the sponsor of the display, if different from the owner of the premises;

      (C) The scheduled duration of the display;

      (D) A plan of the building or structure, or part thereof, in which the motor vehicles or watercraft will be displayed, indicating the number, type and location of the motor vehicles or watercraft to be displayed, and the means of egress from the display area;

      (E) A description of the building’s fire protection systems and the areas of the building or structure protected thereby; and

      (F) An affidavit executed by a principal or officer of the owner or sponsor attesting that the requirements of FC314 and this section will be complied with.

  1. General Display Requirements. In addition to the display requirements set forth in FC314, indoor display of motor vehicles and watercraft shall be subject to the following requirements:

   (1) Egress. Aisles a minimum of three (3) feet shall be provided and, together with other means of egress, maintained free of obstructions.

   (2) Engine operation. Motor vehicles and watercraft engines shall not be operated at any time when the display is open to the public. The keys to the motor vehicle or watercraft shall not be left in the motor vehicle or watercraft, but shall be secured in a readily accessible location on the premises and made available to any Department representative.

   (3) Open flames. No open flames shall be allowed in the display area during the display.

   (4) Repairs or other work. No repairs or other work shall be conducted on a motor vehicle or watercraft in the display area.

  1. Special Display Requirements in Group A Occupancies and Other Public Gathering Places. In addition to the general display requirements set forth in FC314 and R314-01(c), indoor display of motor vehicles and watercraft in Group A occupancies in other public gathering places shall be subject to the following requirements:

   (1) Storage of fuel in fuel tanks. Not more than one (1) gallon of gasoline, diesel fuel or other liquid motor fuel shall be allowed in the fuel tank of each motor vehicle or watercraft. Alternative fuel motor vehicles or watercraft shall contain no more fuel than the energy equivalent of one (1) gallon of gasoline.

   (2) Fuel tanks shall be provided with a locking cap and shall be kept locked throughout the display.

   (3) Motor vehicle and watercraft engines shall be disabled from starting throughout the display by installing an ignition lock, disconnecting the battery or other approved means. Battery or other electrical connections that are disconnected shall be adequately taped to prevent arcing.

   (4) Fire guards shall be present throughout the display.

  1. Portable Fire Extinguisher Requirements. Portable fire extinguishers shall be provided and kept readily accessible as set forth in FC906.

§ 315-01 Storage of Flammable Plastic Foam Products.

(a) Scope. This section sets forth requirements for the storage of flammable plastic foam products.
  1. Definition. The following term shall, for purposes of this section and as used elsewhere in the rules, shall have the meaning shown herein:

   Flammable plastic foam products. Foam material that will ignite and continue to burn after contact for five (5) seconds with an open flame or glowing material.

  1. General Provisions.

   (1) Prohibited storage. It shall be unlawful to store in any building or structure flammable plastic foam products in a quantity requiring a permit where such building or structure is:

      (A) of combustible construction.

      (B) occupied as an Occupancy Group R-2 or R-3.

      (C) situated within 50 feet of the nearest wall of any building occupied as a school, hospital, or place of public assembly or public gathering.

   (2) Permits. A permit shall be obtained for the storage of flammable plastic foam products as required by FC105.6.

  1. Design and Installation Requirements.

   (1) Sprinkler protection.

      (A) In any building in which more than 1,000 pounds, but not more than 6,000 pounds, of flammable plastic foam products are stored, every room or other area in which such products are stored shall be protected by a sprinkler system.

      (B) In any building in which more than 6,000 pounds of flammable plastic foam products is stored, the entire building shall be protected throughout by a sprinkler system.

  1. Operational Requirements. Shredded flammable plastic foam products used in any manufacturing process or operation shall be stored in metal-lined containers having self-closing covers.

Chapter 5: Fire Operations Features

§ 505-01 Apartment and Guest Room Identification and Directional Markings and Signs.

(a) Scope. This section sets forth standards and requirements for the design and placement of entrance door room number markings for dwelling units (apartments, guest rooms and sleeping rooms) in Group R-1 and Group R-2 buildings and occupancies, and lobby and hallway corridor directional signs, which serve to assist emergency response personnel in locating such dwelling units.
  1. General Provisions.

   (1) Applicability. The marking and sign provisions of FC505.3 and this section are operational and maintenance requirements. Pursuant to FC102.2, these requirements are applicable to all Group R-1 and Group R-2 buildings and occupancies subject to FC505.3, regardless of when such building or occupancy was constructed or established.

   (2) Time for compliance. Pursuant to FC505.3.3, buildings and occupancies existing on May 31, 2016, shall be brought into compliance with the marking and sign requirements of FC505.3 and this section by March 30, 2017. Buildings and occupancies for which a certificate of occupancy or temporary certificate of occupancy is issued by the Department of Buildings on or after June 1, 2016, shall be compliant with such requirements prior to occupancy of the building or occupancy.

   (3) Existing markings and signs. Any building or occupancy that has installed markings and signs prior to June 1, 2016, that vary from the requirements of FC505.3 and this section may retain such markings and signs, provided that such existing markings and signs are conspicuously and durably printed or posted, and communicate the same or substantially similar information required by this section. Any such existing marking or sign shall be replaced with a marking or sign that complies with the requirements of this section whenever the existing marking or sign in the building or occupancy is repainted or replaced.

   (4) Conformance with plans. Entrance door room number and directional markings and signs must be consistent with the room numbers reflected upon any emergency preparedness plan or other plan requiring room identification prepared and/or filed in accordance with applicable laws, rules and regulations.

   (5) Tampering. Pursuant to FC107.4.2, it is unlawful for any person to remove, deface, obscure or otherwise render illegible any marking or sign required by FC505.3 and this section.

  1. Dwelling Unit Entrance Door Identification.

   (1) Where required. Pursuant to FC505.3, at least one (1) entrance door to each dwelling unit shall be marked or have a sign identifying the room number and/or letter as set forth in this section. Dwelling units having more than one (1) entrance door shall place the marking or sign on or adjacent to the main entrance door.

   (2) Location. Pursuant to FC505.3, the entrance door marking or sign identifying the room number and/or letter shall be conspicuously and durably printed or posted on or adjacent to the entrance door, on the public corridor side of the door. The marking or sign letters and numbers shall be at least 48 inches, but not more than 60 inches, above the floor.

   (3) Design. The entrance door markings and signs shall comply with the following design requirements:

      (A) Letters and numbers shall be san serif, not less than one-half (½) inch in height, and shall use Arabic numerals and/or English alphabet capital letters.

      (B) Character proportions and spacing, including stroke width, spacing between characters and line spacing, shall be in accordance with national and industry standards for building signage.

      (C) Letters and numbers shall contrast with the background (whether of the door, the wall, or the sign) so as to be plainly discernible. Room number markings and signs may, but are not required to, include hyphens or other forms of punctuation.

   (4) Method of affixing. Room number markings and signs shall be durably affixed in compliance with the following requirements:

      (A) Painted markings shall be selected and applied in accordance with the manufacturer’s instructions.

      (B) Adhesives used to affix room number signs shall be sufficiently durable to ensure an extended useful life of the sign.

      (C) Signs affixed to fire doors or fire-rated walls using screws or nails shall not compromise the fire rating of the door or wall.

  1. Building Lobby and Hallway Corridor Directional Markings or Signs.

   (1) Where required. Pursuant to FC505.3, in a Group R-1 and Group R-2 building or occupancy with more than eight (8) dwelling units on a floor, a marking shall be placed or a sign posted in a conspicuous location in the elevator lobby or other public entry on each floor, and in the public corridor opposite each stairwell entrance, in accordance with R505-01(d)(2). The marking or sign shall identify by directional arrows and dwelling unit numbers and/or letters, the direction to each dwelling unit. Such markings or signs are not required in the public entry or opposite any stairwell entrance in any building or on any floor where the entrances to dwelling units are located in a single direction from such entry or stairwell entrance. For purposes of this section, a “single direction” means that all dwelling units are located along a single corridor. If dwelling units are located on more than one corridor, directional markings or signs shall be provided at each location where the corridor from the stairwell intersects with another corridor.

   (2) Location. Pursuant to FC505.3, the directional markings and signs shall be conspicuously and durably printed or posted. The numbers, letters and directional arrows shall be at least 48 inches, but not more than 60 inches, above the floor. Stairwell directional markings or signs shall be located on the wall directly opposite the stairway entrance door. If there is no wall opposite such stairway entrance, or such location is not suitable for such purpose, the directional marking or sign shall be located at the nearest suitable location on the wall opposite the non-hinged side of the stairway entrance door.

   (3) Design. The design of directional markings and signs shall be in accordance with R505-01(c)(3).

   (4) Method of affixing. Directional markings and signs shall be affixed in accordance with R505-01(c)(4).

  1. Operational and Maintenance Requirements.

   (1) Maintenance required. Markings and signs required by FC505.3 and this section shall be maintained in good repair. Markings and signs that are found to be missing, defaced, obscured, illegible, damaged or loose shall be repaired or replaced.

   (2) Initial compliance inspection. Owners of buildings and occupancies subject to FC505.3 shall have such buildings and occupancies inspected within the time for compliance set forth in R505-01(b)(2) to confirm that such building or occupancy’s markings and signs conform to the requirements of this section.

   (3) Periodic compliance inspection. Owners of buildings and occupancies subject to FC505.3 shall have such buildings and occupancies inspected at least once per year to verify that the markings and signs are in good repair, and repair or replace any markings that are not.

  1. Recordkeeping.

   (1) Compliance inspections. Records of the inspections required by R505-01(e)(2) and (3) shall be maintained in accordance with FC107.7. Dated entries shall be made with respect to the floors or other areas of the building or occupancy that have been inspected, the printed name and signature of the person who performed the inspection, and the markings or signs that require repair or replacement. Dated entries shall be made when such markings or signs are repaired and/or replaced.

   (2) Existing markings and signs. A written record shall be made prior to March 30, 2017, of existing markings and signs retained in accordance with R505-01(b)(3). Such record shall be maintained for so long as the existing markings and signs are retained.

§ 505-02 Apartment, Guest Room and Stairwell Fire Emergency Markings.

(a) Scope. This section sets forth standards and requirements for the design and placement of entrance door fire emergency markings for dwelling units (apartments, guest rooms and sleeping rooms) in Group R-1 and Group R-2 buildings or occupancies, and stairwell doors, which serve to assist firefighters in locating such dwelling units and stairwells and in identifying multi-floor dwelling units.
  1. Definition. The following term shall, for purposes of this section, have the meaning shown herein:

   Main entrance. The main entrance is the primary means of entry to and egress from the dwelling unit. Such main entrance typically opens into an area that affords unimpeded access to the rooms and corridors of the dwelling unit.

  1. General Provisions.

   (1) Applicability. The fire emergency marking provisions of FC505.4 and this section are operational and maintenance requirements. Pursuant to FC102.2, these requirements are applicable to all Group R-1 and Group R-2 buildings and occupancies subject to FC505.4, regardless of when such building or occupancy was constructed or established.

   (2) Time for compliance. Pursuant to FC505.4.5, buildings and occupancies existing on May 31, 2016, shall be brought into compliance with the marking requirements of FC505.4 and this section by March 30, 2018, except that buildings and occupancies shall be brought into compliance with multi-floor dwelling unit fire emergency markings by March 30, 2017. Buildings and occupancies for which a certificate of occupancy or temporary certificate of occupancy on or after June 1. 2016, shall be compliant with such requirements prior to occupancy of the building or occupancy.

   (3) Existing markings. Any building or occupancy that has installed multi-floor dwelling unit fire emergency markings prior to June 1, 2016, that vary from the requirements of FC505.4 and this section may retain such markings, provided that such existing markings are conspicuously and durably printed or posted, communicate the same or substantially similar information required by this section, and are constructed of photoluminescent, retroreflective or other approved material. Any such existing marking shall be replaced with a marking that complies with the requirements of this section when the existing marking in the building or occupancy is replaced.

   (4) Conformance with plans. Entrance door room number fire emergency markings shall be consistent with the room numbers reflected upon any emergency preparedness plan or other plan requiring room identification prepared and/or filed in accordance with applicable laws, rules and regulations.

   (5) Tampering. Pursuant to FC107.4.2, it shall be unlawful for any person to remove, deface, obscure or otherwise render illegible any fire emergency marking required by FC505.4 and this section.

  1. Apartment and Guest Room Identification.

   (1) Where required. Each entrance door to each dwelling unit in a Group R-1 or R-2 building or occupancy shall be provided with fire emergency markings identifying the room number and/or letter as set forth in this section, R505-02(d). This requirement does not apply to:

      (A) buildings and occupancies with eight (8) or fewer dwelling units on a floor;

      (B) buildings protected throughout by a sprinkler system; or

      (C) an occupancy within a building if the building is protected throughout by a sprinkler system,

      provided, however, that compliance with fire emergency marking requirements is required for any multi-floor dwelling units within such buildings and occupancies.

      Historically, Group R-1 buildings and occupancies have been required by the Building Code to be protected throughout by a sprinkler system. To the extent that a hotel or other Group R-1 building or occupancy is lawfully occupied without sprinkler protection, such buildings and occupancies shall comply with the provisions of R505-02(d).

   (2) Location. Entrance door fire emergency markings shall be placed on the public corridor side of dwelling unit entrance doors, as follows:

      (A) The markings shall be affixed to the door jamb on the hinged side of the door. See Appendix E.

      (B) The fire emergency marking letters and/or numbers shall not be more than 12 inches above the floor. The uppermost character or symbol shall be positioned with its top edge at 12 inches above the floor with the remaining characters and symbols placed below.

   (3) Multiple entrances. When a dwelling unit has more than one (1) entrance door, the markings for the main entrance door shall be distinct from secondary entrance doors, as set forth in R505-02(d)(3)(A) and (B).

      (A) Star and triangle symbols.

         (1) The main entrance door to a dwelling unit shall be marked by placing a symbol of a star immediately above the room identification number required by R505-02(d)(1). See Appendix A, Figure A2.

         (2) Each secondary entrance door to a dwelling unit shall be marked by placing a symbol of a triangle immediately above the room identification number required by R505-02(d)(1). See Appendix A, Figure A2.

         (3) A single main entrance shall be designated for a multi-floor dwelling unit and marked with a star symbol. All other entrances, including the entrance that may serve as the primary means of entry to the dwelling unit on a floor other than the floor upon which the main entrance is located, shall be marked as secondary entrances using the triangle symbol.

      (B) Numbering. Where a single dwelling unit has different entrance door room numbers on a single floor, the entrance door room number of the main entrance (or the primary means of entry on the floor for a multi-floor dwelling unit) shall be used on the fire emergency marking on each entrance door. This shall be in addition to the star or triangle marking.

      (C) Adjoining guest room doors. Guest rooms in Group R-1 hotels and motels that have doors designed to allow two (2) or more adjoining guest rooms to be combined from time to time shall be treated as separate rooms for purposes of compliance with the fire emergency marking requirements of this section.

   (4) Design. The entrance door fire emergency marking shall comply with the following design requirements:

      (A) Letters and numbers shall be san serif, not less than three-quarters (¾) inch in height, and shall use Arabic numerals and/or English alphabet capital letters.

      (B) Character proportions, including stroke width, character height and character width shall be in accordance with national and industry standards for building signage.

      (C) Spacing between characters shall be not less than one-eighth (1/8) inch and not more than four (4) times the character stroke width.

      (D) The dwelling unit number and/or letter designation shall be displayed vertically, arranged sequentially from top to bottom. See Appendix A, Figure A1. Entrance door fire emergency markings shall not include hyphens or other forms of punctuation.

      (E) The markings shall contrast with the background against which the characters or symbols are viewed (whether it be the background color of the marking or, if the marking has no background color, the color of the door jamb itself) so as to be plainly discernible, and shall be of photoluminescent, retroreflective or other approved material, durable, water-resistant and securely affixed. If photoluminescent markings are used, such materials shall comply with the requirements of the Building Code for photoluminescent exit path markings, except that the photoluminescent markings used to comply with the provisions of this section do not require Department of Buildings approval.

      (F) The design of the markings, including the type of material and the typeface, size and color of the markings, shall be consistent throughout the building.

   (5) Method of affixing. Fire emergency markings shall be durably affixed in compliance with the following requirements:

      (A) Adhesives used to affix fire emergency markings shall be sufficiently durable to ensure an extended useful life of the marking.

      (B) Markings affixed to fire doors or fire-rated walls using screws or nails shall not compromise the fire rating of the door or wall.

   (6) Directional arrows. Multi-floor dwelling units shall additionally be marked with directional arrows and other symbols in accordance with R505-02(e).

  1. Multi-Floor Dwelling Unit Directional Arrows and Symbols.

   (1) Directional arrows. Pursuant to FC505.4.1, each entrance door to a multi-floor dwelling unit that opens to a public corridor or other means of egress shall be marked on the public corridor side of the door by one or more upward or downward-pointing arrows indicating the direction(s) of the other floor(s) to which the multi-floor dwelling unit is connected, and the room number and/or letter of entrances on such floors (upper floor entrance room numbers/letters above the directional arrow; lower floor entrance room numbers/letters below the directional arrow). Directional arrows shall be placed immediately below the room identification number required by R505-02(d). See Appendix B, Figures B1, B2 and B3.

   (2) Sandwich-design apartments. A multi-floor dwelling unit, access to which is provided by means of an interior stair or passageway from another floor, which has no living space on the floor upon which the entrance door is located, shall be identified by a horizontal mark perpendicular to the directional arrow. See Appendix C, Figure C1.

   (3) Design. The design of the multi-floor dwelling unit markings shall conform to the requirements of R505-02(d)(4), except that the minimum size of the markings shall not be less than three (3) inches in height.

  1. Stairwell Identification.

   (1) Where required. Each stairwell door in any building subject to FC505.4.3 shall be identified as a stairwell door by placing the fire emergency marking required by R505-02(f) on the door jamb on the hinged side of the stairwell door in the public corridor. This requirement does not apply to:

      (A) any building or occupancy with photoluminescent exit path markings on stairwell entrance doors in compliance with the requirements of the Building Code;

      (B) any building protected throughout by a sprinkler system; and

      (C) an occupancy within a building if the building is protected throughout by a sprinkler system

   (2) Design. The stairwell door shall be marked with the word “EXIT” and the building stairwell letter designation to which the stairwell door provides access. The marking letters shall be displayed vertically, arranged sequentially from top to bottom, and shall comply with the standards and requirements set forth in R505-02(d)(4), as applicable. See Appendix D, Figure D1.

   (3) Location and method of affixing. The location and method of affixing of the stairwell markings shall conform to the requirements of R505-02(d)(2) and (5).

  1. Operational and Maintenance Requirements.

   (1) Maintenance required. Markings required by FC505.4 and this section shall be maintained in good repair. Markings that are found to be missing, defaced, obscured, illegible, damaged or loose shall be repaired or replaced.

   (2) Initial compliance inspection. Owners of buildings and occupancies subject to FC505.4 shall have such buildings and occupancies inspected within the time for compliance set forth in R505-02(c)(2) to confirm that such building or occupancy’s markings conform to the requirements of this section.

   (3) Periodic compliance inspection. Owners of buildings and occupancies subject to FC505.4 shall cause such buildings and occupancies to be inspected not less than annually to verify that the markings are in good repair and to repair or replace any markings that are not.

  1. Recordkeeping.

   (1) Compliance inspections. Records of the inspections required by R505-02(g)(2) and (3) shall be maintained in accordance with FC107.7. Dated entries shall be made with respect to the floors or other areas of the building or occupancy that have been inspected, the printed name and signature of the person who performed the inspection, and the markings that require repair or replacement. Dated entries shall be made when such markings are repaired and/or replaced.

   (2) Existing markings. A written record shall be made prior to June 1, 2018 (June 1, 2017 for multi-floor dwelling units), of existing markings retained in accordance with R505-02(c)(3). Such record shall be maintained for so long as the existing markings are retained.

§ 511-01 In-Building Auxiliary Radio Communication Systems.

(a) Scope. This section sets forth requirements for the design, installation, operation and maintenance of in-building auxiliary radio communication systems. In-building radio communication systems that were approved for installation by the Department of Buildings and/or the Department prior to December 31, 2014, and that were designed to enhance Department communications in a manner similar to an in-building auxiliary radio communication system, shall be subject to the requirements of this section to the extent set forth in R511-01(j).
  1. Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:

   Appendix Q. Section 24.5.2 of Appendix Q to the Building Code, as codified in Department of Buildings rule 1 RCNY § 3616-04. Appendix Q amends NFPA Standard 72, a Referenced Standard to the Building Code and Fire Code.

   ARC system. An in-building auxiliary radio communication system.

   Base station. A transceiver that receives radio signals from an antenna system and retransmits them through the antenna system in an amplified and/or otherwise enhanced manner.

   Critical areas. Areas of a building within which radio communication is critical for emergency response operations.

   FCC. United States Federal Communications Commission.

   General areas. All areas of a building within which radio communication is to be made available for emergency response operations, excluding critical areas.

   In-building auxiliary radio communication system. A wireless two-way building communication system dedicated for Department use and designed in accordance with Appendix Q to propagate Department wireless radio frequencies within a building. Such a system typically consists of a radio console, base station, cabling, amplifiers and antenna system.

   Technical criteria. Technical specifications and standards for the design and operation of ARC systems established pursuant to Section 24.5.2.7 of Appendix Q. Technical criteria include but are not limited to operating frequencies; maximum time domain interference; unit ID and emergency alert signaling; dedicated radio console and other installation specifications; and testing equipment specifications.

   Testable area. Locations within a building in which an ARC system commissioning test can be conducted, including all areas designed for human occupancy. Mechanical rooms and other utility areas are testable areas if, and to the extent that, they are accessible.

  1. Permit. Pursuant to FC105.6, a permit shall be obtained from the Department to maintain or operate an ARC system. Application for a permit shall be made in accordance with R511-01(d)(3).
  2. General Provisions.

   (1) General. ARC systems, whether required by Sections 403 or 917 of the Building Code or installed voluntarily, shall be designed, installed, operated and maintained in compliance with FCC regulations, FC511, Section 917 of the Building Code, NFPA Standard 72 as amended by Appendix Q, this section and applicable technical criteria. Any potential conflicts among these requirements shall be promptly reported to the Technology Management Unit of the Bureau of Fire Prevention.

   (2) Required frequencies. An ARC system shall be designed to operate on the simplex Department frequencies designated as Channels 1 through 10 and Channel 16, or the duplex Department frequencies designated as Channels 11 and 12, as set forth in the technical criteria. Pursuant to Section 24.5.2.4.2 of Appendix Q, ARC systems shall be designed to be upgraded to accommodate changes in Department frequencies. The design, installation, operation and maintenance requirements set forth in Appendix Q, the technical criteria and this section may not be applicable to other Department communications and the frequencies on which they are propagated. Any owner seeking to install and maintain an in-building radio communication system that operates on any Department frequency other than the channels specified in this section shall first obtain Department approval in such manner and subject to such terms and conditions as the Department may prescribe.

   (3) Application and approval process. The following Department approvals shall be obtained to install and maintain an ARC system:

      (A) Application for system design approval. An application shall be filed by or on behalf of the owner, and include design and installation documents prepared in accordance with FC105.4 and R511-01(e) and detailing the design and intended operation of the ARC system; a written agreement executed by the owner, for use of Department frequencies, as set forth in R511-01(d)(4); and such other documentation as the Department may require.

      (B) Plan approval. The Department will review the application for system design approval in accordance with FC105.4 and, if it determines the application to be satisfactory, will approve the documents in accordance with FC105.4.4.

      (C) Commissioning test and application for system acceptance and permit issuance. Upon installation of an ARC system in accordance with the Department-approved documents, a commissioning test shall be conducted in accordance with FC511.2.2.1 and R511-01(f)(2). The test shall be performed by a person holding a certificate of fitness for ARC system professional, who is employed by a business holding a Department company certificate, as set forth in R115-01. Upon successful completion of the commissioning test, the owner shall file an application with the Department requesting an acceptance test of the system and issuance of a permit. The application shall include a detailed report of the results of the commissioning test, as set forth in R511-01(e)(2) and R511-01(f)(2), and such other information and documentation as the Department may require.

      (D) Acceptance test. The owner shall request that the Department schedule an acceptance test. The certificate of fitness holder who conducted the commissioning test shall be present at the acceptance test and demonstrate operation of the ARC system in the presence of Department representatives. The Department representatives will not conduct a second commissioning test but perform a limited test of the ARC system to confirm its operational readiness for Department use.

      (E) Permit issuance. Upon successful completion of the acceptance test, the Department will issue a permit to maintain and operate the ARC system.

   (4) City agreement to operate on FCC-licensed radio frequencies. ARC systems operate on radio frequencies licensed by the FCC to the City of New York. The installation of an ARC system in accordance with Building Code and Fire Code requirements does not constitute legal authority to operate on such licensed radio frequencies. The owner, prior to operating an ARC system, must obtain the consent of the City of New York to operate on such licensed radio frequencies by executing a written agreement with the City of New York in a form approved by the Department and submitting it to the Department as set forth in R511-01(d)(3)(A). The City will grant temporary consent for purposes of system installation and commissioning testing at time of plan approval, and final consent upon permit issuance.

   (5) Prevention of interference. An ARC system shall be designed, installed, operated and maintained in a manner that does not interfere with any other FCC-licensed radio frequency, including police department, fire department and other public safety agency radio communications. Immediate measures shall be taken to remedy any such interference, including interference intermodulation and spurious emissions, in accordance with FCC regulations (as set forth in 47 C.F.R. Part 90), this section and other applicable laws, rules and regulations. The owner, and its contractors and agents, shall cooperate with the Department in immediately addressing interference issues, and shall repair or replace any ARC system or system component causing interference.

   (6) Supervision. Operation of the ARC system, other than by Department personnel, including inspection and testing for the commissioning test, annual certification and five-year recertification required by R511-01(f) and (g), shall be under the personal supervision of a person holding a certificate of fitness as ARC system professional and a General Radiotelephone Operator License issued by the FCC pursuant to 47 C.F.R. Part 90, who is employed by a company holding an ARC testing company certificate. The duties of such certificate of fitness holder include ensuring that:

      (A) use of the ARC system is immediately discontinued if, upon testing, it is found to cause interference in violation of FCC regulations and/or other applicable laws, rules and regulations, or upon being directed to do so by a Department representative;

      (B) the portable radios programmed with Department frequencies are used solely for purposes of ARC system testing, and for no other purpose; and

      (C) notifications to the Department required by this section are made in accordance with this section.

   (7) Sharing of system components. All ARC system components shall be dedicated for system use, except that system radio frequency (RF) cabling may be shared with other in-building radio communication systems if such sharing does not interfere with or otherwise impair the operation of the ARC system.

   (8) Citywide standard key. Owners, impairment coordinators, and persons authorized to install or maintain ARC systems, may possess a citywide standard key.

  1. Design and Installation Requirements. An ARC system shall be designed and installed in accordance with Section 917 of the Building Code, the Electrical Code, FC 511, NFPA Standard 72 as amended by Appendix Q, this section and the technical criteria. ARC system design and installation documents shall set forth the information and documentation required by Section 917 of the Building Code and such other information and documentation as the Department may require, including the following documents:

   (1) Application for system design approval. A riser diagram and floor plan showing the location of base stations, amplifiers, antennas and other ARC system components, formatted and submitted for Department review and approval in the same manner as fire alarm system installations, as set forth in R105-01(c)(1). Any sharing of system radio frequency (RF) cabling with other in-building radio communication systems shall be clearly indicated and accompanied by documentation demonstrating that such sharing will not interfere with or otherwise impair the operation of the ARC system.

   (2) Application for system acceptance and permit issuance. A floor plan containing the information set forth in R511-01(f)(2), formatted to folio (11” x 17”) size, with a copy of the plan in an approved electronic format on a compact disk.

  1. Commissioning and Acceptance Testing. Commissioning and acceptance testing shall be conducted in accordance with the following requirements, standards and procedures.

   (1) Radio coverage performance standards. ARC systems shall be designed to achieve, and in operation shall achieve, the radio coverage performance standards set forth in Sections 24.5.2.2 and 24.5.2.3 of Appendix Q, as measured in the manner set forth in this section.

      (A) Required minimum signal strength and delivered audio quality. The minimum signal strength of inbound ARC system radio signals (as received by a Department portable radio at a location remote from the dedicated radio console) and outbound ARC system radio signals (as received by the dedicated radio console from a Department portable radio) and the average delivered audio quality shall be as set forth in Sections 24.5.2.1.3 and 24.5.2.2 of Appendix Q.

      (B) Signal strength measurements. The signal strength of radio signals received or retransmitted by the ARC system shall be measured in the following manner:

         (1) Measurements shall be taken using:

            (a) two (2) portable radios, lawfully programmed to transmit on Department frequencies pursuant to R115-01(d)(4), one to transmit a radio communication to the ARC system and one to receive the retransmission from the ARC system;

            (b) a calibrated spectrum analyzer or a calibrated automatic signal level measurement recording system;

            (c) a receiving antenna with a gain equal to the antenna on a Department portable radio; and

            (d) a resolution bandwidth nearest the bandwidth of the channel being tested.

         (2) Signal strength measurements shall be taken as close as possible to the center of each grid cell.

         (3) Signal strength measurements shall be taken with the antenna held in a vertical position with a center-line between three (3) and four (4) feet above the floor.

         (4) The delivered audio quality readings shall be assessed and documented on the floor plans.

         (5) The gain values of any and all amplifiers shall be measured and documented.

      (C) Critical area radio coverage. The radio coverage performance standard set forth in Appendix Q of 100 percent of floor area shall be met in the critical areas designated in Section 24.5.2.2.1 of Appendix Q, including sprinkler system control valves and standpipe system hose connections, and any other area of a building designated by the Department as a critical area based on the Department’s review of the design and installation documents submitted for an ARC system in a particular building.

      (D) General area radio coverage. The radio coverage performance standard set forth in Appendix Q of 95 percent of floor area shall be met or exceeded in all general areas.

   (2) Commissioning test. Upon installation of an ARC system, a commissioning test of the ARC system, including a radio coverage survey and an inspection and testing of system components, shall be conducted, and the results reported to the Department, as follows:

      (A) Radio coverage survey. The commissioning test shall be conducted in accordance with Annex O of NFPA Standard 1, this section and the technical criteria, and shall be considered successful if it confirms that the ARC system meets or exceeds the following radio coverage performance standards:

         (1) On each floor, radio coverage meets or exceeds the standards set forth in R511-01(f)(1).

         (2) There shall not be a failure of radio coverage in the same grid area on consecutive floors, such as a consistent failure to achieve the required radio coverage in vertically corresponding grids on multiple consecutive floors of a building.

         (3) The dedicated radio console is functioning properly and monitoring all system components in accordance with Appendix Q.

      (B) Inspection and testing of system components. ARC system components, including those listed on Table 1 of this section, shall be inspected and tested to confirm that the system components are in good working order and are operating as designed.

      (C) Retesting. Any floor of a building that initially fails to meet or exceed the radio coverage standards shall be retested. The resolution of the floor grid size used for testing purposes shall be decreased by reducing the size of each grid area by at least 50 percent to facilitate precise identification of the building areas in which radio coverage is lacking. A commissioning test that fails to confirm radio coverage requirements meeting or exceeding the standards set forth in R511-01(f)(1) shall be treated as unsuccessful and shall result in a redesign of the ARC system on the floor or floors found to have failed the commissioning test.

      (D) Submission of commissioning test results. The results of the radio coverage survey and inspection and testing of system components shall be signed by the certificate of fitness holder who personally supervised the test and submitted by the ARC system testing company that employs the certificate holder to the Department for review and acceptance. The commissioning test results shall be submitted in the form prescribed by the Department and shall include the following information and documentation, and such other information and documentation as the Department may require:

         (1) An audio recording of delivered audio quality at each grid location, with an audio description of the floor designation, marker location and the time of recording.

         (2) A table setting forth the following information for each test location:

            (a) Marker location;

            (b) Received signal strength;

            (c) Radio frequency used for test;

            (d) The average delivered audio quality value; and

            (e) Date of last calibration of spectrum analyzer test equipment used to conduct test.

         (3) A floor plan for each floor, showing the building’s floor area on a series of grids. Each grid shall be a maximum of five (5) percent of the total square footage of testable area on each floor, but not more than 1,600 square feet. If an irregular shaped floor plate makes this grid criteria unsatisfactory for testing purposes, an alternative testing grid may be used, subject to Department approval. The floor plan shall set forth the following information for each test location:

            (a) Marker location, correlated with the tabular submission;

            (b) Grid size(s);

            (c) Critical areas;

            (d) General areas; and

            (e) Areas that are not testable areas, with an explanation as to why such areas are not testable areas.

         (4) A description of the inspection and testing conducted of each of the system components.

         (5) A summary and conclusions section. The report shall clearly summarize the test results, and shall include a statement as to whether the test results confirm that the ARC system meets or exceeds the standards required by this section, or if not, in what respects it is deficient.

  1. Operational and Maintenance Requirements. An ARC system shall be operated and maintained in accordance with FC511, this section and the technical criteria.

   (1) General. An ARC system shall be maintained in good working order.

   (2) Daily inspection. The dedicated radio console shall be inspected daily to confirm that the ARC system is operational and that there is no indication of a system malfunction. Daily inspection may, with Department approval, be conducted by means of remote monitoring.

   (3) Annual certification. An ARC system shall be inspected and tested not less than once every 12 months to confirm that the system is in good working order, except that every fifth year a five-year recertification pursuant to R511-01(g)(4) shall be conducted in lieu of the annual certification. The inspection and testing of the ARC system shall include the system components listed in Table 1, except that a radio coverage survey is not required. Certification of such inspection and testing and satisfactory system performance shall be submitted to the Department in connection with the application for permit renewal in such form and manner as the Department may prescribe.

   (4) Five-year recertification. An ARC system shall be recertified as properly functioning not less than once every five (5) years in the following manner.

      (A) A radio coverage survey of the ARC system shall be conducted in the same manner as the commissioning test, and the radio coverage performance standards set forth in R511-01(f) shall apply.

      (B) The Department shall be given reasonable advance notice of the date of each five-year certification test, which shall be conducted within a continuous 72-hour period. The Department reserves the right to require that such test be conducted in the presence of Department representatives, and to conduct its own operational readiness testing.

      (C) The recertification test shall compare the results with those of the original commissioning test to determine whether there has been any degradation in system performance. If the ARC system fails to meet or exceed the applicable radio coverage performance standards, the system shall be repaired or upgraded to achieve such standards.

      (D) ARC system components, including each of the components listed on Table 1, shall be inspected and tested to confirm that the system components are in good working order and are continuing to operate as designed. Any system component impairing ARC system operation or reliability shall be repaired or replaced prior to submission of recertification results.

      (E) Successful recertification test results shall be submitted to the Department in connection with the application for permit renewal in such form and manner as the Department may prescribe.

   (5) Department-ordered testing and demonstrations. Upon reasonable notice to the owner, the Department may order a test of an ARC system to confirm that it is in good working order or to familiarize Department personnel with use of such system.

  1. Out-of-service systems. The following actions shall be taken to mitigate the consequences of any ARC system that is not fully functional, whether as a result of planned removal from service for maintenance, repair or construction, or an unplanned malfunction affecting system operation.

   (1) Impairment coordinator. The owner shall designate an impairment coordinator to take the actions required by this section when an ARC system is out of service. In the absence of a specific designee, the owner will be considered the impairment coordinator.

   (2) Planned removal from service. The impairment coordinator shall be made aware in advance of any planned removal from service of an ARC system for maintenance, repair or construction. The impairment coordinator shall authorize the removal of the ARC system from service. Before authorizing removal of the system from service, the impairment coordinator shall:

      (A) determine the extent and expected duration of the out-of-service condition;

      (B) maintain the system in service until the maintenance, repair or construction work is ready to begin;

      (C) place an impairment tag indicating the nature of the out-of-service condition at the dedicated radio console, fire command center or other approved location indicating that the ARC system is out of service; and

      (D) notify the Department as set forth in R511-01(h)(4).

   (3) Unplanned out-of-service condition. Any person who becomes aware that an ARC system is out of service for any reason other than a planned removal from service must, upon becoming aware of the out-of-service condition, notify the owner, the impairment coordinator or, if such persons are not known or not available, any person in charge of the premises of such condition. The owner or impairment coordinator shall promptly act to address the out-of-service condition in accordance with the procedures set forth in R511-01(h)(2)(A), (C) and (D).

   (4) Notification of Department. Pursuant to FC107.1, ARC systems shall be continuously maintained in good working order. Notification shall be made to the Department of any condition impairing the operational readiness of the ARC system, including complete or partial system failure or loss of radio coverage in one or more areas of the building, when the system is not restored to service within 48 hours. Such notification shall be made by calling the telephone number set forth in FC401.2.2 for the borough in which the ARC system is located, and shall include the information set forth in FC901.7.5.3 as it relates to the out-of-service condition affecting the ARC system. Notification shall not be made for conditions that do not presently affect the operational readiness of the system, such as warning signals of the need for future servicing.

   (5) Restoring system to service. When the ARC system has been repaired and restored to service, the impairment coordinator shall:

      (A) verify that all inspections and tests required by law, rule, regulation or Referenced Standard, including Annex O of NFPA Standard 1, have been conducted to confirm that the system has been restored to good working order;

      (B) if notification was required to be made to the Department pursuant to R511-01(h)(4), notify the Department that the system has been restored to good working order; and

      (C) remove impairment tags.

  1. Recordkeeping. A logbook or other approved form of recordkeeping for the maintenance of the ARC system shall be maintained for a period of six (6) years, together with a complete copy of test results and other documentation of ARC system maintenance. The logbook shall include entries for the following maintenance requirements:

   (1) Commissioning test results, as required by R511-01(f)(2);

   (2) Daily inspection of the system status, as required by R511-01(g)(2);

   (3) Annual certification test results, as required by R511-01(g)(3);

   (4) Five-year recertification test results, as required by R511-01(g)(4);

   (5) Planned removals from service for maintenance, repair or alteration of the ARC system, including the extent and duration of any removal and related notifications to the Department; and

   (6) Unplanned out-of-service conditions, including a description, extent and duration of any system malfunction, corrective actions taken, and related notifications to the Department.

  1. Lawfully Existing In-Building Radio Communication Systems. Notwithstanding the provisions of this section, the operation of an in-building radio communication system that was approved for installation by the Department of Buildings and/or the Department prior to December 31, 2014, and that was designed to enhance Department communications in a manner similar to an ARC system, may be continued under the following circumstances and subject to the following requirements:

   (1) Prior approval. Such system must have been approved for installation by the Department of Buildings and/or the Department prior to January 1, 2015.

   (2) Applicable standards. Such system shall be operated and maintained in compliance with the design and installation documents and standards under which such system was approved, and the following requirements:

      (A) Permit. A permit shall be obtained for such system.

      (B) Use of City frequencies and compliance with FCC regulations. A written agreement with the City of New York for use of Department frequencies shall be executed and such system shall be operated and maintained in compliance with R511-01(d)(1), (2), (4), (5) and (6).

      (C) Supervision. Operation of such system shall be supervised in accordance with R511-01(d)(6).

      (D) Radio coverage. A commissioning test shall be conducted in accordance with Section R511-01(f)(2) within one (1) year from [EFFECTIVE DATE OF THIS SECTION], and an ARC system company certificate holder shall submit such results to the Department. Any such system that fails to meet or exceed the radio coverage performance standards set forth in R511-01(f)(1) shall be upgraded to meet or exceed such standards, or an application made to the Department for approval of appropriate mitigation measures to address gaps or other deficiencies in radio coverage. Such measures may include signage in building lobbies and/or in areas of the building in which such gaps exist.

      (E) Operational and maintenance requirements. Such systems shall be operated and maintained in accordance with R511-01(g), (h) and (i).

3 RCNY § 511-01Table 1Commissioning Test and Periodic Maintenance Requirements for In-Building Auxiliary Radio Communication Systems
ARC System Component/System Malfunction
Dedicated Radio Console
Control unit
Lamps and LEDs
Radio desk-set
Audio levels
Control levels
Base Station
Wireless signals
Transceivers
System performance
Radio ID pass-through
Emergency alert pass-through
Base Station Failure Monitoring
Low transmit power
Over temperature
High voltage standing wave ratio
Loss of alternating current (AC) or primary power source on the base station
Low battery capacity
Antenna failure
Signal amplification
Tamper switch
Antenna Systems
Amplifiers
Antennas
Power Supply
Primary (main) power supply
Engine-driven generator
Secondary (standby) power supply
Uninterrupted power supply (UPS)
Battery Tests
Primary battery performance test
Secondary battery/batteries performance test

~

Chapter 6: Building Services and Systems

§ 603-01 Fuel-oil Transfer Supervision and Maintenance. [Repealed]

(a) Scope. This section sets forth requirements and procedures for the removal of lubricating oil from refrigerating systems that use more than 200 pounds of ammonia as a refrigerant, referred to in this section as "ammonia refrigerating systems."
  1. General Provisions.

   (1) The design, installation, operation and maintenance of ammonia refrigerating systems shall comply with the requirements of FC606 and Chapter 11 of the Mechanical Code.

   (2) Alteration of ammonia refrigerating systems shall be performed in accordance with applicable provisions of the Construction Codes.

   (3) Operators of ammonia refrigerating systems containing 500 or more pounds of ammonia shall develop and maintain a risk management plan in compliance with Administrative Code § 24-718 and Department of Environmental Protection rules, as set forth in 15 RCNY Chapter 41. In accordance with those provisions, the risk management plan shall address whether the written procedure required by 6 RCNY § 606-01
(d)(2) for manual removal of lubricating oil mitigates the risk of accidental refrigerant release.
  1. Supervision Requirements.

   (1) Operating engineer requirement. An ammonia refrigerating system shall be under the personal supervision of a person holding a certificate of qualification at all times while the system is in operation when required by FC606.1.1.

   (2) Lubricating oil removal operations.

      (A) Automatic removal system. An ammonia refrigerating system equipped to remove lubricating oil from system piping and equipment by means of a rigid-piped automatic oil return or transfer system does not require manual removal of lubricating oil. If for any reason lubricating oil is manually removed from such a system, the removal process shall be conducted in accordance with 6 RCNY § 606-01
(c)(2)(B) and (d)(2).

      (B) Manual removal from system. The manual removal of lubricating oil from an ammonia refrigerating system that allows such oil to collect in system piping and equipment outside of the compressor shall be conducted in accordance with the following procedures:

         (1) If the ammonia refrigerating system is equipped with dual shut-off valves in series, the second valve in the direction of flow from the system is a self-closing valve that closes upon release of manual pressure or other approved automatic shut-off device, and the oil is removed from the system through such valves, the oil removal process shall be personally conducted by at least one certificate of qualification holder who has been trained in the written oil removal procedure required by 6 RCNY § 606-01
(d)(2). Absent an imminent threat to life or safety, such certificate of qualification holder shall not leave the removal process unattended while it is ongoing.
         (2) If the ammonia refrigerating system is not equipped with such dual shut-off valves, the oil removal process shall be personally conducted by a certificate of qualification holder who has been trained in the written oil removal procedure required by 6 RCNY § 606-01
(d)(2). A second certificate of qualification holder trained in such procedure shall monitor the oil removal process from a location in direct line of sight of the removal process, with ready access to a means of egress to the outdoors. Absent an imminent threat to life or safety, neither certificate of qualification holder may leave the oil removal process unattended while it is ongoing.
  1. Operational Requirements.

   (1) Automatic removal systems. An ammonia refrigerating system equipped to remove lubricating oil from system piping and equipment by means of a rigid-piped automatic oil return or transfer system shall be periodically serviced in accordance with the manufacturer’s instructions and applicable industry standards, including International Institute of Ammonia Refrigeration (IIAR) Standard 2 (2014 edition) (entitled “Equipment, Design, and Installation of Closed–Circuit Ammonia Mechanical Refrigerating Systems”), to ensure that the automatic removal system is maintained in good working order.

   (2) Manual removal from system. A written procedure developed by a trained and knowledgeable person and detailing a step-by-step process for the manual removal of lubricating oil from an ammonia refrigerating system (including piping and equipment) requiring such removal shall be maintained on the premises. The procedure shall specifically address the design and operation of the particular type of ammonia refrigerating system and the type of drain at each drain point on such system. To the extent feasible, the procedure shall incorporate all safety precautions recommended by the manufacturer and applicable industry standards, including IIAR Standard 2 (2014 edition). At a minimum, such procedure shall include the following requirements:

      (A) Each certificate of qualification holder participating in the oil removal process shall, prior to conducting such process, be trained by a person trained and knowledgeable in removal of lubricating oil from ammonia refrigerating systems, and retrained whenever the certificate of qualification holder has not participated in a manual oil removal process in the prior three (3) months; and

      (B) Each certificate of qualification holder participating in the oil removal process shall be provided with and use all safety and personal protective equipment required to safely conduct such process, including equipment required by United States Occupational Safety and Health Administration regulations; and

      (C) If a single certificate of qualification holder is required by 6 RCNY § 606-01
(c)(2), a telephone not requiring a coin to operate shall be immediately available to ensure immediate notification to the Department in the event of an emergency; or
      (D) If two (2) certificate of qualification holders are required by 6 RCNY § 606-01
(c)(2):

         (1) each certificate of qualification holder shall be equipped with a portable two-way radio or other approved means of communication between the two, and a telephone not requiring a coin to operate shall be immediately available to the certificate of qualification holder monitoring the oil removal process to ensure immediate notification to the Department in the event of an emergency. In the event of an emergency, the certificate of qualification holder monitoring the oil removal process shall make the required notification to the Department prior to rendering assistance;

         (2) the oil removal process shall not be conducted at any time when the premises associated with the ammonia refrigerating system are occupied (including occupancy by other employees) or open for business; and

         (3) notification shall be made to the Department not less than one (1) hour but not more than two (2) hours prior to commencement of the oil removal process.

  1. Recordkeeping Requirements.
   (1) A certificate of qualification holder responsible for supervision of the operation of an ammonia refrigerating system shall document the periodic servicing of such refrigerating system and all removals of lubricating oil from such refrigerating system, by making appropriate entries in the refrigerating system operator logbook required by FC606.1.3. Such entries shall include the names and company affiliations of the persons who serviced the system; the names and certificate of qualification numbers of the certificate of qualification holders who conducted and/or monitored the oil removal process; and any notifications to the Department pursuant to 6 RCNY § 606-01
(d)(2)(D)(3).

   (2) The certificate of qualification holder responsible for supervision of the operation of an ammonia refrigerating system shall document the training of all persons involved in the manual removal of lubricating oil from such system.

   (3) Such records shall be maintained in accordance with FC107.7.

Chapter 8: Interior Furnishings, Decorations and Scenery

§ 805-01 Flame-Resistant Decorations.

(a) Scope. This section sets forth the standards, requirements and procedures for the testing and certification of flame-resistant decorations.
  1. General Provisions.

   (1) Applicability. The requirements of this section apply to decorations in any Group A, E, I, M occupancy, any common area in a Group R-1, R-2 and B occupancy, and any building or indoor space used as a public gathering place, other than guest rooms in hotels and motels, private offices in commercial buildings, and houses of worship.

   (2) Prohibition. It shall be unlawful to install or maintain in any premises subject to this section any decoration that is not of a flame-resistant material.

   (3) Supervision. The treating of a decoration with a chemical compound to impart flame resistance shall be conducted by or under the personal supervision of a certificate of fitness holder.

   (4) Affidavit of flame resistance. It shall be unlawful to install or maintain any decoration in any premises subject to this section unless an affidavit of flame resistance for such decoration has been filed with the Department in compliance with the requirements of this section.

  1. Testing of Flame-Resistant Materials. Decorations that are treated with a flame-retardant chemical to render them flame-resistant may be subject to a field flame test by Department representative at any time as set forth in this section.

   (1) The material should be tested using a sample that is dry and, unless impracticable, approximately one and one-half (11/2) inches wide by four (4) inches long.

   (2) The flame test shall be performed in a draft-free, safe location, outdoors where practicable, and within ten (10) feet of a portable fire extinguisher with at least a 2-A rating.

   (3) The sample shall be suspended (preferably with tongs) with the long axis vertical. The flame from a common wood match shall be applied to the center of the bottom edge of the sample for 12 seconds.

   (4) The sample shall be deemed to be satisfactorily flame-resistant only when:

      (A) the flaming does not spread rapidly over the sample;

      (B) the sample does not continue to burn for more than two (2) seconds after the match has been withdrawn; and

      (C) the flaming material does not break or drip from the sample and continue to burn.

  1. Affidavit of Flame-Retardant Treatment.

   (1) The owner of any premises in which there is any decoration that is required to be subjected to a flame-retardant treatment shall, in accordance with the requirements of this section, file with the Department an affidavit of flame-retardant treatment for each such decoration.

   (2) A decoration that is not inherently flame-resistant shall be subjected to a flame-retardant treatment:

      (A) before being installed in the premises;

      (B) after each washing, dry cleaning, ironing or sewing of the decoration, or other processing of the decoration that might impair the effectiveness of its flame resistance, unless otherwise provided in the certificate of approval for such flame-retardant treatment;

      (C) at the end of the time period following each flame-retardant treatment that the manufacturer of the flame-retardant chemical warrants that the flame-retardant treatment will be effective, but in no case more than three (3) years from the date of the last affidavit of flame-retardant treatment filed with the Department; and

      (D) any time the flame-resistant material fails to pass a field flame test conducted in accordance with the requirements of R805-01(c).

   (3) The owner of the premises shall obtain from the person who performed the flame-retardant treatment an affidavit of such flame-retardant treatment that meets the requirements of R805-01(d)(4). Such owner shall file such affidavit with the Department in accordance with the requirements of R805-01(d)(5), and shall maintain on the premises for inspection by any Department representative a copy of such affidavit and a record of each washing or dry cleaning of the decoration, or other processing of the decoration that might impair the effectiveness of its flame resistance.

   (4) An affidavit executed by the person who performed or personally supervised the flame-retardant treatment and the testing of the flame-resistant material shall contain the following information:

      (A) the name of the affiant, and the number and expiration date of his or her certificate of fitness for flame-retardant treatment;

      (B) the date of the treatment and/or testing;

      (C) the name of the manufacturer of the flame-retardant chemical, its trade name and its Certificate of Approval number;

      (D) a detailed description of the materials treated and a statement indicating that the flame-retardant treatment used has been approved under the certificate of approval for the materials treated;

      (E) the period of time that the manufacturer of the flame-retardant chemical warrants that the material’s flame resistance will be effective; and

      (F) the affiant’s certification that the material, and the flame-retardant treatment comply with R805-01(b), and that the affiant personally subjected a sample of the treated material to a flame test in accordance with the requirements of R805-01(c), or personally supervised such test, and the material passed such test.

   (5) An affidavit of flame-retardant treatment shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the decoration in the premises following the flame-retardant treatment and/or testing of the decoration in accordance with R805-01(d)(2).

   (6) The Department may reject any affidavit of flame-retardant treatment that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the public space containing the decoration and to the certificate of fitness holder who executed such affidavit. The decoration shall be removed from the affected occupancy and shall not be reinstalled until it has been subjected to a flame-retardant treatment in compliance with the requirements of this section and a satisfactory affidavit of flame-retardant treatment filed with the Department.

  1. Affidavit of Inherently Flame-Resistant Material.

   (1) The owner of any premises in which there is any decoration made of inherently flame-resistant material shall file an affidavit from a certificate of fitness holder for each such decoration attesting to such properties. The owner of such premises shall file with the Department in compliance with the requirements of this section, and shall maintain a copy of such affidavit on the premises for inspection by any Department representative.

   (2) The affidavit of inherently flame-resistant material shall contain the following information:

      (A) the name of the person who personally inspected and/or tested the decoration, and the number and expiration date of his or her certificate of fitness for flame-retardant treatment;

      (B) the name of the manufacturer of the material; and

      (C) an exact description of the material, and a description of the properties of the material that render it inherently flame-resistant.

   (3) An affidavit of inherently flame-resistant material shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the decoration in the premises.

   (4) The Department may reject any affidavit of inherently flame-resistant material that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the premises containing the decoration and to the certificate of fitness holder who executed such affidavit. The decoration shall be removed and shall not be reinstalled until a satisfactory affidavit of inherently flame-resistant material has been filed with the Department, or the decoration has been subjected to a flame-retardant treatment in accordance with the requirements of this section and a satisfactory affidavit of flame-retardant treatment has been filed with the Department.

  1. Temporary Decorations. Notwithstanding any other provision of this section to the contrary, when a decoration is installed or maintained in a premises on a temporary basis not to exceed 30 days, such as at a trade show or similar public gathering, the Department, in its discretion and upon a showing by the application that it would be an undue hardship to comply with the requirements of this section, may accept, in lieu of an affidavit of flame-retardant treatment or inherently flame-resistant material, a testing report from a nationally recognized laboratory or certification from other qualified flame-retardant treatment professionals acceptable to the Department indicating that the material has passed Test 1 or Test 2, as set forth in NFPA 701. Nothing contained in this subdivision shall be construed to necessitate that representative samples or other merchandise displayed at trade shows or similar public gatherings comply with the requirements of this section.
  2. Enforcement. In addition to such other penalties that may be applicable for failure to comply with the requirements of FC Chapter 8 or this section, the Department may:

   (1) order an owner of any premises containing a decoration for which no affidavit has been filed with the Department or that fails a flame test to remove such decoration forthwith, and not to reinstall or maintain the decoration in any affected occupancy unless and until the decoration has been subjected to a flame-retardant treatment and tested and an affidavit has been filed in accordance with this section.

   (2) take appropriate action against the certificate of fitness holder for misconduct for improperly completing an affidavit of flame-retardant treatment or inherently flame-resistant material.

§ 805-02 Flame-Retardant Scenery.

(a) Scope. This section sets forth the standards, requirements and procedures for the testing and certification of flame-retardant scenery.
  1. General Provisions.

   (1) Applicability. The requirements of this section apply to scenery in any Group A occupancy.

   (2) Prohibition. It shall be unlawful to install or maintain in any Group A occupancy any scenery that is not flame-retardant in compliance with the requirements of FC805.2.

   (3) Supervision. The treating of scenery with a coating to impart flame retardant shall be conducted by or under the personal supervision of a certificate of fitness holder.

   (4) Affidavit of flame retardant. It shall be unlawful to install or maintain any scenery in any Group A occupancy unless an affidavit of flame retardant for such scenery has been filed with the Department in compliance with the requirements of this section.

  1. Testing of Flame-Retardant Scenery. Scenery that is coated with a flame-retardant coating to render them flame-retardant may be subject to a field flame test by Department representative at any time as set forth in this section.

   (1) The material should be tested using a sample that is dry and, unless impracticable, approximately one and one-half (11/2) inches wide by four (4) inches long.

   (2) The flame test shall be performed in a draft-free, safe location, outdoors where practicable, and within ten (10) feet of a portable fire extinguisher with at least a 2-A rating.

   (3) The sample shall be suspended (preferably with tongs) with the long axis vertical. The flame from a common wood match shall be applied to the center of the bottom edge of the sample for 12 seconds.

   (4) The sample shall be deemed to be satisfactorily flame-retardant only when:

      (A) the flaming does not spread rapidly over the sample;

      (B) the sample does not continue to burn for more than two (2) seconds after the match has been withdrawn; and

      (C) the flaming material does not break or drip from the sample and continue to burn.

  1. Affidavit of Flame-Retardant Coating.

   (1) The owner of any premises in which there is any scenery that is required to be subjected to a flame-retardant coating shall, in accordance with the requirements of this section, file with the Department an affidavit of flame-retardant coating for each such scenery.

   (2) Scenery that without the application of a flame-retardant coating cannot meet the fire-retardant requirements of FC805.2 shall be coated with a flame-retardant coating:

      (A) before being installed in the premises;

      (B) at the end of the time period following each flame-retardant coating that the manufacturer of the flame-retardant chemical warrants that the flame-retardant coating will be effective, but in no case more than three (3) years from the date of the last affidavit of flame-retardant coating filed with the Department; and

      (C) any time the scenery fails to pass a field flame test conducted in accordance with the requirements of R805-02(c).

   (3) The owner of the premises shall obtain from the person who performed the flame-retardant coating an affidavit of such flame-retardant coating that meets the requirements of R805-02(d)(4). Such owner shall file such affidavit with the Department in accordance with the requirements of R805-02(d)(5), and shall maintain on the premises for inspection by any Department representative a copy of such affidavit.

   (4) An affidavit executed by the person who performed or personally supervised the flame-retardant coating and the testing of the flame-retardant scenery shall contain the following information:

      (A) the name of the affiant, and the number and expiration date of his or her certificate of fitness for flame-retardant coating;

      (B) the date of the coating and/or testing;

      (C) the name of the manufacturer of the flame-retardant coating, its trade name and its Certificate of Approval number;

      (D) a detailed description of the materials treated and a statement indicating that the flame-retardant coating used has been approved under the certificate of approval for the materials treated;

      (E) the period of time that the manufacturer of the flame-retardant coating warrants that the material’s flame retardant will be effective; and

      (F) the affiant’s certification that the material and the flame-retardant coating comply with R805-02(b), and that the affiant personally subjected a sample of the treated material to a flame test in accordance with the requirements of R805-02(c), or personally supervised such test, and the material passed such test.

   (5) An affidavit of flame-retardant coating shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the scenery in the premises following the flame-retardant coating and/or testing of the scenery in accordance with R805-02(d)(2).

   (6) The Department may reject any affidavit of flame-retardant coating that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the Group A occupancy containing the scenery and to the certificate of fitness holder who executed such affidavit. The scenery shall be removed from the Group A occupancy and shall not be reinstalled until it has been subjected to a flame-retardant coating in compliance with the requirements of this section and a satisfactory affidavit of flame-retardant coating filed with the Department.

  1. Affidavit of Inherently Flame-Retardant Scenery.

   (1) The owner of any premises in which there is any scenery made of material that inherently complies with the flame-retardant requirements of FC805.2 shall file an affidavit from a certificate of fitness holder for each such scenery attesting to such properties. The owner of such premises shall file with the Department in compliance with the requirements of this section, and shall maintain a copy of such affidavit on the premises for inspection by any Department representative.

   (2) The affidavit of inherently flame-retardant scenery shall contain the following information:

      (A) the name of the person who personally inspected and/or tested the scenery, and the number and expiration date of his or her certificate of fitness for flame-retardant coating;

      (B) the name of the manufacturer of the material used in the scenery; and

      (C) an exact description of the material used in the scenery, and a description of the properties of the material that render it flame-retardant.

   (3) An affidavit of inherently flame-retardant scenery shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the scenery in the premises.

   (4) The Department may reject any affidavit of inherently flame-retardant scenery that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the premises containing the scenery and to the certificate of fitness holder who executed such affidavit. The scenery shall be removed and shall not be reinstalled until a satisfactory affidavit of inherently flame-retardant scenery has been filed with the Department, or the scenery has been subjected to a flame-retardant coating in accordance with the requirements of this section and a satisfactory affidavit of flame-retardant coating has been filed with the Department.

  1. Temporary Scenery. Notwithstanding any other provision of this section to the contrary, when scenery is installed or maintained in a premises on a temporary basis not to exceed 30 days, such as at a trade show or similar public gathering, the Department, in its discretion and upon a showing by the application that it would be an undue hardship to comply with the requirements of this section, may accept, in lieu of an affidavit of flame-retardant coating or inherently flame-retardant scenery, a testing report from a nationally recognized laboratory or certification from other qualified flame-retardant coating professionals acceptable to the Department indicating that the material is in compliance with the requirements of FC805.2. Nothing contained in this subdivision shall be construed to necessitate that representative samples or other merchandise displayed at trade shows or similar public gatherings comply with the requirements of this section.
  2. Enforcement. In addition to such other penalties that may be applicable for failure to comply with the requirements of FC Chapter 8 or this section, the Department may:

   (1) order an owner of any premises containing scenery for which no affidavit has been filed with the Department or that fails a flame test to remove such scenery forthwith, and not to reinstall or maintain the scenery in any affected occupancy unless and until the scenery has been subjected to a flame-retardant coating and tested and an affidavit has been filed in accordance with this section.

   (2) take appropriate action against the certificate of fitness holder for misconduct for improperly completing an affidavit of flame-retardant coating or inherently flame-retardant scenery.

Chapter 9: Fire Protection Systems

§ 901-01 Central Station Monitoring of Fire Alarm Systems.

(a) Scope. This section sets forth standards, requirements and procedures for:

   (1) the monitoring and related maintenance of all fire alarm systems that are installed in premises located in New York City and that transmit an alarm signal to a central station that monitors such systems for the purpose of re-transmitting or otherwise reporting fire alarms to the Department; and

   (2) the operation of the central stations that monitor and maintain fire alarm systems.

  1. Definitions. The following terms shall, for purposes of this section and used elsewhere in the rules, have the meanings shown herein:

   Alarm service. The service provided by a central station company commencing upon the transmission from the protected premises of an alarm signal, a supervisory signal, or a trouble signal.

   Approved central station company. A central station company that has been issued a valid certificate of operation.

   Central station company. A person or entity engaged in the operation of a central station.

   Central station signaling system. A system comprised of the protective signaling system at the protected premises, the central station physical plant, the exterior communications channels, and satellite stations, if any.

   Designated representative. A person or entity designated by the subscriber who shall be responsible for receiving notifications from the central station company concerning the status of the protective signaling system at the protected premises and who is authorized to take action with respect to such system.

   Mandatory system. A protective signaling system whose installation at a protected premises is required by law.

   Proprietary central station. A central station operated by or on behalf of the owner of the protected premises monitored by the central station, that monitors protected premises other than the premises in which the central station is located. For purposes of this section and R4604-01, unless otherwise specifically provided, reference to “central station company” shall be deemed to include proprietary central stations.

   Protective signaling system. A system or device installed at a protected premises and designed to transmit an alarm signal, a supervisory signal or a trouble signal.

   Runner service. The dispatching to the protected premises of individuals designated by a central station company, other than the required number of operators on duty to monitor signals, to silence, reset and otherwise restore the protected signaling system to normal service. Such runners may be employees of the central station company, another approved central station company, or a service retained by the central station company, provided that the individuals are trained in and knowledgeable of the protective signaling systems for which they are providing runner service.

   Subscriber. An owner of a protected premises, or an owner of a fire alarm system installed on such a premises, who has arranged for a central station company to monitor the fire alarm system on the protected premises for the purpose of reporting fire alarms to the Department.

   Terminal. A number assigned by the Department which indicates a specific location and/or type of alarm signal at a protected premises.

   Transmitter. A component of a protective signaling system that provides the link between a fire alarm system and the transmission channels.

   Voluntary system. A protective signaling system whose installation at a protected premises is not required by law.

  1. Prohibited Fire Alarm System Monitoring. It shall be unlawful for:

   (1) Any person or entity, pursuant to FC901.6.3.5, to operate a central station company or central station that monitors fire alarm systems in protected premises without having first obtained a certificate of operation pursuant to R115-01. A central station company shall obtain a certificate of operation prior to operating any central station or transmitting any alarms to the Department received from a protected premises.

   (2) Any owner of a protected premises, or other person or entity to contract for, arrange, or otherwise cause or allow, a central station company to receive or retransmit alarm signals from a protected premises, unless such central station company possesses a valid certificate of operation. This provision shall apply whether the protective signaling system installed at a protected premises is a mandatory or voluntary system.

  1. General Provisions.

   (1) Applicable provisions of law. All central stations and proprietary central stations shall be designed, installed, operated and maintained in compliance with the requirements of FC Chapter 9, this section and NFPA 72. The relationship between the provisions of the Fire Code, this section and such referenced standard shall be as set forth in FC102.6.2.

   (2) Compliance with Building Code and Electrical Code. All central stations and proprietary central stations shall be designed, installed, operated and maintained in compliance with the requirements of the Building Code and the Electrical Code.

  1. Central Stations. Central stations shall comply with the following design and installation requirements.

   (1) Security. The central station operating room shall be locked at all times and access restricted to authorized persons only.

   (2) Emergency power. Emergency power shall be provided for the exclusive use of the operating room and other areas vital to the continuous operation of the central station and its provision of fire alarm monitoring services. The emergency power supply shall function automatically upon failure of the normal power supply system. Emergency power systems shall be maintained in accordance with FC604.

   (3) Listed equipment. The central station shall be equipped with devices, equipment and systems capable of automatically receiving and recording signals, as required by NFPA 72. Such devices, equipment and systems shall be listed by Factory Mutual, Underwriters Laboratories or other approved nationally recognized testing laboratory.

   (4) Circuit adjusting equipment. Circuit adjusting instruments or equipment for emergency operations may be automatically initiated or manually operated upon receipt of a trouble signal.

   (5) Retransmission of alarm signals. The retransmission of an alarm signal received at the Department shall be effected as follows:

      (A) by the use of two (2) telephone lines provided with suitable voice transmitting, receiving and automatic recording equipment, provided that these lines shall not be used for any purpose except communication between the Department and the central station and shall have terminal equipment located at the central station and the Department and shall be provided with twenty-four hour standby power; or

      (B) any other means of retransmission deemed by the Commissioner to effect a retransmission at a level of reliability that equals or exceeds that under R901-01(e)(5)(A).

   (6) Alternative voice communication capabilities. The company shall maintain at each central station at least one cellular telephone available for communication with the Department and the protected premises in the event that telephone circuitry is inoperable.

   (7) The central station company shall bear all costs associated with the retransmission of fire alarm signals to the Department, including any costs incurred by the Department.

  1. Central Station Operations.

   (1) General responsibilities. A central station company shall be accountable to its subscriber to provide all of the requirements of this section, and shall set forth such obligation in its contract with the subscriber. In all cases where an approved central station company has subcontracted with another entity to provide services, the central station company shall be responsible for ensuring that the services provided by the subcontractor comply with this section and with all other applicable laws, rules, regulations and reference standards. A central station company may not subcontract signal monitoring or retransmission services or maintenance to a separate entity unless said separate entity is itself an approved central station company.

   (2) Maintenance of central stations and transmitters.

      (A) A central station company shall be responsible for the maintenance of its central stations and the transmitters at protected premises within New York City monitored by such central stations. A central station company shall have available at all times designated individuals trained and knowledgeable in the maintenance and repair of central station devices, equipment and systems, including transmitters, so as to prevent or minimize any disruptions in fire alarm system monitoring. Such individuals shall be employees of the central station company (other than the required number of operators on duty to monitor signals); another approved central station company; or of the holder of a fire alarm installer license issued by the New York Secretary of State pursuant to Article 6-D of the New York State General Business Law or a master electrician licensed by the Department of Buildings and registered with the New York Secretary of State in accordance with such Article 6-D, who has been retained to provide such service. In the event of a malfunction, repairs shall be immediately undertaken so as to restore proper operation and system monitoring as soon as possible.

      (B) A central station company shall ensure that a complete and satisfactory test of all transmitters is conducted at each protected premises in compliance with the requirements of NFPA 72.

      (C) A central station company shall test all paths of communication for the central station signaling system that are not supervised at least once every twelve hours. A record of such tests shall be maintained in the central station log.

   (3) Monitoring of fire alarm systems.

      (A) A central station company shall have sufficient personnel on duty at all times to ensure immediate attention to all signals received. This shall include a minimum of two (2) operators at each central station, each of whom shall possess a certificate of fitness to operate central station equipment. A trainee functioning as an operator must work under the direct supervision and in the presence of an operator holding a certificate of fitness and may not be counted as one of the two (2) operators holding certificates of fitness as required by this section.

      (B) Central station operators shall monitor and process all fire alarm signals before any other signals, regardless of the order in which they are received.

      (C) Alarm signals shall be re-transmitted to the Department immediately upon receipt of the full signal at the central station. A full signal is deemed to be received at the time it is capable of being decoded.

      (D) Alarm signals transmitted to the Department shall indicate the type of alarm received (e.g., automatic, valve or manual).

   (4) Recordkeeping.

      (A) All records required to be maintained under this section shall be entered in a central station log which shall be maintained at each central station. The central station log shall be available at all times to the Department for inspection and copies shall be provided upon the Department’s request. The central station log shall be kept on a yearly basis and be maintained for six (6) years following the period of use.

      (B) The format of the central station log shall be either:

         (1) a bound (not spiral bound) logbook for each calendar year, with consecutively numbered lined pages with entries made in ink;

         (2) a computer database with a legend or key to all symbols and abbreviations; or

         (3) any other format approved by the Commissioner. Where a computer format is used, the data may be stored on tape, disk or hard copy, provided that hard copies are maintained for 18 months following the period of use, in addition to the storage of the tape or disk for six (6) years following the period of use.

      (C) A central station signaling system shall receive and retransmit all signals and information which the subscriber is required by law to transmit, such as the location of the alarm source (building, floor, section, zone, or subdivision) and/or the type of alarm signal (e.g., automatic, valve or manual). Central stations presently unable to determine the type of alarm signal received due to the lack of sufficient transmitters at the protected premises shall be granted a period of time, as the Department deems reasonable, to make the conversions necessary to comply with this requirement.

      (D) Subsequent alarm and supervisory signals received from the same building shall be retransmitted to the Department upon receipt.

      (E) A combination alarm signal that by its nature is indicative of waterflow in a sprinkler system at the protected premises shall be retransmitted in the same manner as a fire alarm signal. In addition, the designated representative for the protected premises shall be notified as soon as possible.

      (F) The dates and times of the receipt and retransmission of all signals shall be recorded in the central station log.

   (5) Runner service. A central station company shall ensure that a fire alarm system requiring manual silencing or resetting is restored to normal service no later than 90 minutes from receipt of an alarm signal. The central station company shall dispatch a runner to the protected premises for such purpose and shall immediately notify the Department once the system has been restored. A runner need not be dispatched and may be recalled if the central station confirms that the fire alarm system has already been restored, in which case the central station company shall immediately notify the Department of such fact.

   (6) Notification of service disruptions.

      (A) It is imperative that disruptions in central station service be detected as soon as possible and that service be restored immediately. The Department shall be notified of any disruption of fire alarm monitoring services regardless whether the disruption is due to failure of a fire alarm system, a fire suppression system, a protective signaling system, or central station equipment. The central station company shall make the following notifications:

         (1) The central station company shall notify the Department whenever a fire alarm system or fire protection system is expected to be out of service for eight (8) hours or longer at a protected premises, where such information is available. This provision shall apply only to the installation of mandatory systems.

         (2) The central station company must notify the Department and the designated representative for the protected premises forthwith in the event that a central station is either unable to receive alarm signals from a protected premises or to retransmit signals to the Department due to inoperative central station equipment or telephone circuitry. In making the above-described notifications, the central station company shall identify to the Department the terminal assignment number(s) for the affected premises, where such information is available.

      (B) A central station company shall record in the central station log the following information relating to disruptions in service:

         (1) All instances in which a fire alarm system or fire protection system is out of service for eight (8) hours or more at a protected premises, where such information is ascertainable. This record shall identify the terminal assignment number for the protected premises, as well as the date, time and duration of the disruption of service.

         (2) All instances in which a protective signaling system at a protected premises is out of service for two (2) hours or more. This record shall identify the terminal assignment number for the protected premises, as well as the date, time and duration of the disruption in service.

   (7) Posting of certificate. A copy of the certificate of operation shall be posted at each central station operated by the central station company.

  1. Compensation. Every central station company shall pay compensation to the Department in accordance with the provisions of R4604-01. Failure to timely remit such compensation shall be grounds for non-renewal, suspension or revocation of a certificate of operation, or denial of a new certificate of operation, in addition to any and all other remedies provided by law.
  2. Registration of Central Station-Monitored Fire Alarm Systems.

   (1) Central station companies shall register each fire alarm system on each protected premises that it is monitoring by submitting to the Bureau of Fire Prevention, on the application form prescribed by the Department, the following information and such other information and documentation as the Department may require:

      (A) The address of the protected premises in which the fire alarm system(s) are installed;

      (B) The number and type of fire alarm systems monitored at the premises, regardless of the number of terminals associated with each such system;

      (C) The floors, or portions thereof, monitored by each fire alarm system;

      (D) The name, address and telephone number of the owner or operator of each fire alarm system; and

      (E) The type and location of each terminal, including manual fire alarm boxes, sprinkler and standpipe system flow alarms and tamper switches, and heat, smoke and carbon monoxide detectors, associated with each fire alarm system.

   (2) A central station company shall register with the Department each fire alarm system it proposes to monitor prior to the commencement of the receipt or retransmission of alarm signals from the fire alarm system, including resumption of previously discontinued or suspended monitoring service.

   (3) The Department may deny a registration application upon a determination that the fire alarm system has not been installed and/or is not being operating in accordance with all applicable laws, rules and regulations, or other good cause. The Department may conduct an inspection of the protected premises to verify the proper installation and operation of the fire alarm system. A central station company shall not monitor any fire alarm system as to which the Department has denied registration.

   (4) A central station company shall give prior written notice to the Department, on a form prescribed by the Department, of the discontinuance or temporary suspension of its monitoring of a fire alarm system, at least ten (10) days prior to such discontinuance or suspension. Five (5) additional days notice shall be provided if notice is given by mail.

   (5) A central station company shall give written notice to the Department within seven (7) days of any change in any of the information set forth on its fire alarm system application form.

§ 901-02 Maintenance of Sprinkler System Pressure Tanks.

(a) Scope. This section sets forth requirements for the periodic maintenance of pressure tanks that supply water to sprinkler systems.
  1. General Provisions. Water tanks that supply water to sprinkler systems shall be maintained in compliance with the requirements of FC901.6, NFPA 25, and this section.
  2. Periodic Maintenance Requirements. Sprinkler system pressure tanks shall be inspected and tested at least monthly by a certificate of fitness holder and if necessary, corrective action taken, in accordance with the following procedure:

   (1) Close both the top and bottom valves on the sight glass level gauge.

   (2) Open the petcock at the bottom of the gauge glass and drain the water out of the glass by cracking the top valve to clear the glass. Close the petcock. Open the top valve and allow air to enter the glass.

   (3) Open the bottom valve to allow water to enter the gauge glass. Open the top valve.

   (4) When the air and water levels stabilize, the level should be at the 2/3 level or the level required for the design of the system. Immediate corrective action shall be taken in the event the water level is below the design level.

   (5) If the water level is too high, drain water using the emergency valve on the tank. After draining to the design level, introduce compressed air into the tank until the design air pressure is obtained.

  1. Notification of Central Station. If the sprinkler system pressure tank is monitored by a central station, the central station company shall be notified before any testing is conducted.

§ 901-03 Portable Fire Extinguisher Sales. [Repealed]

(a) Scope. This section sets forth standards, requirements and procedures for the design, installation, operation and maintenance of premises or parts thereof that are operated and/or occupied, on a temporary basis, to provide emergency shelter for more than 15 persons.
  1. General Provisions.

   (1) Temporary use and occupancy of premises as emergency shelter. The provisions of this section shall apply to premises, or parts thereof, including but not limited to armories, auditoriums, community centers, gymnasiums, houses of worship and schools, that are not designed to be occupied as emergency shelter, but that are operated and/or occupied for such purposes for more than 15 persons more than 30 days in any year.

   (2) Notification. Notification shall be made to the Department of Buildings and the Public Buildings Unit of the Bureau of Fire Prevention of the intent to operate and/or occupy any premises or part thereof as an emergency shelter for more than 15 persons, prior to commencing such use or occupancy.

   (3) Compliance with the Building Code. Nothing contained in this section shall be deemed to excuse compliance with the Building Code. The Department and the Department of Buildings will resolve any issues arising from the application of the section to a particular premises.

  1. Design and Installation Requirements. Premises, or parts thereof, operated and/or occupied as an emergency shelter shall comply with the following design and installation requirements:

   (1) Sprinkler system. The premises, or parts thereof, shall be protected throughout by a sprinkler system designed and installed in accordance with the Building Code. Activation of the sprinkler system shall cause an alarm to be transmitted to an approved central station and sound an alarm throughout the premises.

   (2) Fire alarm system. The premises shall be equipped with a fire alarm system designed and installed in accordance with the Building Code and provided with:

      (A) an approved fire command center at an approved location;

      (B) an approved system of smoke detectors that, upon activation, will cause an alarm to be transmitted to an approved central station and sound an alarm throughout the premises; and

      (C) an approved one-way voice communication system capable of making announcements from the fire command center to all parts of the premises.

   (3) Emergency lighting. The premises, or part thereof, shall be equipped with emergency lighting in accordance with the Building Code.

   (4) Means of egress. The premises, or part thereof, shall be operated and/or occupied so as not to be overcrowded and to ensure adequate means of egress, including:

      (A) The emergency shelter shall provide a livable area of not less than 80 square feet per shelter occupant.

      (B) Adequate aisle space shall be maintained throughout the emergency shelter. Aisles shall not be less than 36 inches in width, except that cross aisles shall not be less than 48 inches in width.

      (C) Means of egress shall be provided that are:

         (1) sufficient in number.

         (2) remote from one another.

         (3) arranged to open in the direction of exit travel.

         (4) equipped with panic hardware.

         (5) equipped with doors that are self-closing device.

         (6) maintained unobstructed and unimpeded, and unlocked in the direction of egress at all times.

   (5) Additional areas protected. The Department may require that the fire protection and life safety systems specified in this section be extended to other parts of the premises if the use and occupancy of the premises as an emergency shelter presents an increased fire safety risk to other parts of the premises.

  1. Operational and Maintenance Requirements. Premises operated and/or occupied as an emergency shelter shall comply with the following design and installation requirements:

   (1) Smoking prohibited. It shall be unlawful to smoke in any premises, or part thereof, being operated and/or occupied as an emergency shelter.

   (2) Storage and removal of combustible waste. The emergency shelter shall be provided with noncombustible combustible waste containers with tight fitting lids. At least one (1) container shall be provided for each 50 persons in each occupied area of the emergency shelter, but not less than two (2) containers shall be provided in each sleeping area, dining area and other gathering place. Combustible waste containers shall be regularly emptied and shall not be allowed to overflow. Combustible waste awaiting collection shall be stored outdoors in accordance with FC304.4, or indoors in a separate locked room protected by a sprinkler system located on the ground floor.

   (3) Fire safety and evacuation plan. Pursuant to FC404.2.1 and R404-01, a fire safety and evacuation plan shall be prepared and submitted to the Department for approval.

   (4) Fire drills. Pursuant to FC405, fire drills shall be conducted at least monthly on each shift, and FSP staff training at least one (1) hour quarterly on each shift.

   (5) Staff identification. Emergency shelter staff shall be readily identifiable at all times while on duty by means of an approved identification (such as a uniform, cap, nameplate, or armband).

   (6) Fire watch. Pursuant to FC401.6.8.3, all parts of premises operated and/or occupied as an emergency shelter, including sleeping areas, shall be continuously patrolled by a person holding a certificate of fitness. An approved method of supervising the conduct of the fire watch, such as a watchman’s clock and key stations, shall be provided.

   (7) Below grade areas. Below grade areas shall not be used for sleeping purposes. Below grade areas that are not protected throughout by a sprinkler system shall not be used for lounges, recreation rooms, or other gathering places.

   (8) Decorations. Decorations shall comply with the requirements of FC805.

   (9) Portable fire extinguishers shall be provided in accordance with FC 906.

   (10) Signage. Durable, legible signs shall be securely and conspicuously posted as follows:

      (A) Exit signs. Exit signs in accordance with the Building Code, including BC1011.

      (B) Stairwell identification signs. Stairwell floor number and stairwell identification signs in accordance with the Building Code, including BC1019.1.7.

      (C) Elevator identification and emergency signs. Elevator identification and emergency signs in accordance with the Building Code, including BC3002.3.

      (D) Sleeping room signs. Signs in sleeping rooms in accordance with the Building Code, including BC1026.10.

      (E) Fire emergency reporting. Signage shall be provided in compliance with the requirements of FC408.14.

      (F) Other signage. Such other signage that may be required by BC1026.

   (11) Recordkeeping. A record shall be maintained at the fire command center or other approved location, and made available for inspection by any representative of the Department, of all fire safety-related activities, including but not limited to:

      (A) Fire watch patrols;

      (B) Cleaning of commercial cooking filters and ducts;

      (C) Standpipe/sprinkler system inspection, testing and servicing;

      (E) Fire alarm system inspection, testing and servicing;

      (F) Fire department connection testing;

      (G) Smoke detector inspection, testing and servicing;

      (H) Portable fire extinguisher inspection, testing and servicing;

      (I) Emergency lighting testing and servicing;

      (J) Conduct of fire drills and FSP staff training; and

      (K) Proof of flame-resistant decorations.

§ 903-01 Flow Testing of Residential Sprinkler Systems.

(a) Scope. This section sets forth standards, requirements and procedures for flow testing of sprinkler systems in buildings, or parts thereof, classified as Occupancy Group R-2 and certain other residential occupancies. This section applies to all such sprinkler systems, including sprinkler systems that only protect a part of the building or space, such as compactor sprinkler systems.
  1. Definition. The following term shall, for purposes of this section and used elsewhere in the rules, have the meanings shown herein:

   Inspector’s Test Connection. A pipe with a diameter of not less than one (1) inch, that is connected to the sprinkler system on the uppermost story of the building, at the end of the most remote branch line, to which is attached a valve that discharges the flow of water equivalent to one (1) sprinkler head of a type having the smallest orifice installed in the system.

  1. General Provisions.

   (1) Flow testing of sprinkler systems. Sprinkler systems in buildings or parts thereof, classified as Occupancy Group R-2 (including sprinkler systems in apartment houses, apartment hotels and other residential buildings with three (3) or more dwelling units that are primarily occupied for the shelter and sleeping accommodation of individuals on a month-to-month or longer-term basis), and in every converted dwelling, or every tenement used, in whole or in part, for single room occupancy, regardless of occupancy classification, in which a sprinkler system has been installed pursuant to the requirements of the New York State Multiple Dwelling Law, shall be flow tested in compliance with the requirements of FC903.5.1 and 903.5.2 and this section.

   (2) Scheduling. Flow tests shall be scheduled on behalf of the owner by the plumber or master fire suppression contractor who is to conduct the test.

   (3) Other flow testing. The procedure and standard set forth in this section for required sprinkler system flow tests shall not be construed to prohibit an owner of a sprinkler system from conducting any other lawful flow test of such a system. The provisions of this section shall not be applicable to any such other flow test, except for the provisions governing the reporting and correction of sprinkler systems that fail flow tests.

   (4) Frequency. Sprinkler systems shall be flow tested annually, except that in buildings other than converted dwelling, or tenements used in whole or in part for single room occupancy, such system may be flow tested once every 30 months, provided that the pressure gauge located at or near the inspector’s test connection is checked during the required monthly inspection to make certain that the system design pressure is being maintained.

   (5) Witnessing. A flow test of a sprinkler system shall be witnessed by a representative of the Department at least once every five (5) years. Fees for such witnessed test shall be as set forth in FC A03.1(20).

   (6) Reporting of required flow tests. The initial flow test result reported to the Department shall include a copy of the installation contractor’s Department of Buildings B Form FP85.

   (7) Reporting of other flow tests. The result of a flow test not required by this section shall be reported to the Department in accordance with R903-01(e) to the extent required by such section.

  1. Flow Test Procedure and Standard.

   (1) The flow test required by this section is intended to ascertain whether there is sufficient pressure in the sprinkler system to ensure the flow of water in the event the system is activated. The flow test shall be conducted in the following manner:

      (A) All control valves on the system, including the main supply control valves, shall be inspected and determined to be sealed in the “open” position either by an approved wire and seal or a lock and chain.

      (B) The flow test shall be conducted using an inspector’s test connection. Such inspector’s test connection shall be installed in accordance with the Building Code. If a sprinkler system is not provided with an inspector’s test connection, such test connection shall be installed in accordance with the Building Code prior to conducting any required flow test.

      (C) The contractor’s testing apparatus shall be attached liquid tight to the sprinkler system inspector’s test connection. The contractor’s testing apparatus shall consist of:

         (1) an adapter that connects to the inspector’s test connection valve;

         (2) a calibrated pressure gauge with at least a two (2) inch diameter dial graduated in psi to at least twice the static pressure of the sprinkler system; and

         (3) a valve and a length of hose suitable to drain the discharged water to a safe location.

      (D) The inspector’s test connection valve shall be opened, the contractor’s testing apparatus valve shall be closed and the static pressure indicated on the inspector’s test connection pressure gauge, if provided, and the contractor’s testing apparatus pressure gauge recorded.

      (E) The contractor’s testing apparatus valve shall be fully opened allowing water to discharge from the system until the water runs clear, but in no event shall less than ten (10) gallons be discharged.

      (F) The contractor’s testing apparatus valve shall be closed and the static pressure indicated on the inspector’s test connection pressure gauge, if provided, and the contractor’s testing apparatus pressure gauge recorded.

   (2) A sprinkler system shall be determined to have passed the flow test if:

      (A) the static pressure indicated on the contractor’s testing apparatus pressure gauge before and after draining the water is unchanged when all control valves are sealed in the open position;

      (B) the contractor’s testing apparatus pressure gauge indicates a pressure of at least 15 psig or the pressure required by hydraulic calculations, whichever is greater;

      (C) the inspector’s test connection pressure gauge, if provided, and the contractor’s testing apparatus pressure gauge readings recorded, as required in R903-01(d)(1)(D) and (d)(1)(F), are similar.

      (D) there is no other indication that the sprinkler system is not in perfect working order.

  1. Flow Testing Reporting Requirements.

   (1) Reporting of successful flow tests. When a sprinkler system passes a flow test required by this section, the plumber or master fire suppression contractor conducting such flow test shall certify that all control valves associated with the sprinkler systems covered by the report have been identified, inspected and observed to be sealed in the open position by either an approved wire seal or chain and lock; that they conducted a flow test of such sprinkler systems in accordance with the procedures and standards specified in R903-01(d); that the sprinkler systems passed the flow test in accordance with the criteria specified in R903-01(d); and that there is no other indication that the system is not in perfect working order. Such results shall be certified by completing a Residential Sprinkler System Flow Test Report in a form prescribed by the Department Such report shall be submitted to the Department and maintained for examination as follows:

      (A) Residential Sprinkler System Flow Test Reports for flow tests that are not required to be witnessed by a Department representative shall be completed and mailed to the Department within five (5) business days after the completion of such test. Such mailings shall be addressed to:

         New York City Fire Department Bureau of Fire Prevention 9 MetroTech Center, 3rd Floor Brooklyn, NY 11201-3857 Attn: Fire Suppression Unit.

      (B) Residential Sprinkler System Flow Test Reports for flow tests witnessed by a Department representative shall be certified immediately upon completion of the flow test.

      (C) The owner or managing agent of the building or space shall maintain a copy of each Residential Sprinkler System Flow Test Report for a period of not less than five (5) years from the test date. Such reports shall be maintained on the premises and made available for examination by any Department representative. Such reports shall be made available for examination by the occupants of the building or space during regular business hours.

   (2) Reporting of unsuccessful flow tests. Any sprinkler system that fails a flow test, whether or not such test is required by this section, is in violation of the requirement of FC901.6 that such system be maintained in good working order at all times. The owner of such sprinkler system shall take immediate corrective action and shall continue such corrective action until such time as the sprinkler system passes a flow test conducted in accordance with the procedure and standard required by this section. If such corrective action cannot be completed and a successful flow test result obtained by the close of business of the same day, the plumber or master fire suppression contractor conducting such flow test shall notify the Department by telephoning the Department communications office (dispatcher) for the borough in which the premises is located. Nothing contained herein shall preclude the Department from taking enforcement action with respect to any sprinkler system that is not in good working order.

§ 904-01 Clean Agent Fire Extinguishing Systems Acceptance Testing.

(a) Scope. This section sets forth standards, requirements and procedures for acceptance testing of clean agent fire extinguishing systems.
  1. General Provisions. Pursuant to FC 901.5 and 904, clean agent fire extinguishing systems shall be inspected and tested before a representative of the Department prior to placing the system in operation, to ensure that such system is in good working order and operates as designed.
  2. Installation Acceptance Testing. Inspection and acceptance testing of clean agent fire extinguishing systems shall be conducted to determine whether the system functions in compliance with the requirements of FC904.10, NFPA 2001, and the following standards and requirements:

   (1) All detection, discharge, alarms and other system components are in good working order.

   (2) All piping is clear and unobstructed.

   (3) Except as otherwise provided in Section 4-7.2.2.12 of NFPA 2001 (where the total piping contains no more than one change in direction fitting between the storage container and the discharge nozzle, and where all piping is physically checked for tightness), the piping shall be tested to confirm that it is capable to maintain the following pressures:

      (A) the maximum anticipated pressure at discharge for a period of ten (10) minutes with a pressure loss not exceeding 15 percent of the test pressure; or

      (B) the maximum anticipated pressure at discharge for a period of two (2) minutes with a pressure loss not exceeding three (3) percent of the test pressure; or

      (C) 40 psig for a period of ten (10) minutes with a pressure loss not exceeding eight (8) PSI, after which the system shall be subjected to a discharge test.

   (4) The enclosure protected by the clean agent fire extinguishing system shall be capable of maintaining the design clean agent concentration level for the required holding period. An integrity test in accordance with Appendix B of NFPA 2001 or a discharge test shall be conducted of such enclosure.

§ 905-01 Standpipe System Pressure Reducing Devices.

(a) Scope. This section sets forth requirements for standpipe system pressure reducing devices.
  1. Definitions. The following terms shall, for purposes of this section and used elsewhere in the rules, have the meanings shown herein:

   Pressure reducing devices. Devices, including valves, installed in standpipe systems at or near hose outlet connections that act to limit both the static and dynamic water pressures downstream of the standpipe outlet valve.

   Pressure restrictors. Removable fittings or “SECO Type” valves that restrict flowing water pressures by reducing the available cross-sectional area of flow.

  1. General Provisions.

   (1) Certificate of approval. Pressure reducing devices installed in a standpipe system shall be of an approved type and for which a certificate of approval has been issued.

  1. Pressure Reducing Device Requirements.

   (1) Location and pressure markings. Each pressure reducing device shall be permanently marked with the address of the premises in which it is installed, its floor location, and its designated pressure setting.

   (2) Adjustments and reporting. Upon initial installation of a pressure reducing device, and at least once every three (3) years thereafter, a master fire suppression contractor shall file an affidavit with the Department on behalf of the building owner attesting to the following:

      (A) The building address and owner’s name.

      (B) The floor location of all standpipe system pressure reducing devices and the inlet pressure (static and operating) of each device.

      (C) The setting of each device and the corresponding discharge flow rate (gpm), discharge pressure (psig), and the maximum outlet static pressure (psig).

      (D) The name, address, and master fire suppression contractor license number of the person submitting the affidavit.

   (3) Flow testing. Upon order of the Commissioner, but at least once every three (3) years, standpipe systems with pressure reducing devices installed shall be flow tested with a minimum actual flowing discharge of 250 gpm. These tests shall be conducted by a master fire suppression contractor who shall provide the Department five (5) business days notice of the date and time of the test. The Department may witness these tests at its discretion.

§ 906-01 Portable Fire Extinguishers for Cranes. [Repealed]

(a) Scope. This section sets forth standards, requirements and procedures for the operation and maintenance of fire alarm systems relating to fire alarm recordkeeping, smoke detector maintenance, testing and recordkeeping, and the prevention of unnecessary and unwarranted alarms.
  1. General Provisions.

   (1) Purpose. Pursuant to FC901.6, all fire alarm systems shall be maintained in good working order at all times. This section sets forth operating and maintenance requirements intended to minimize the number of unwarranted and unnecessary alarms transmitted by such systems that automatically transmit signals to the Department or a central station, including minimum smoke detector maintenance and testing requirements, the type and format of alarm and maintenance records to be kept and used in identifying defective smoke detectors and patterns of unnecessary or unwarranted alarm transmissions. Such alarms, which trigger an emergency response, are costly and endanger the public safety. This section sets forth the standard to which the owners (including lessees) of premises having such systems shall be held in regard to the transmission of such alarms.

   (2) All owners shall comply with the requirements of this section and prevent unnecessary and unwarranted alarms.

  1. Prevention of Unnecessary and Unwarranted Alarms.

   (1) In any premises having a fire alarm system or a smoke detector that automatically transmits signals to the Department or a central station, the owner (including any lessee) of the premises shall be responsible for preventing the transmission of unnecessary or unwarranted alarms, and shall be liable for any violation of this section.

   (2) It shall be unlawful to transmit two (2) or more unnecessary or unwarranted alarms in any three-month period, and it shall be unlawful to transmit any additional unnecessary or unwarranted alarms as set forth in R907-01(c)(4).

   (3) The owner of any premises from which a second unnecessary or unwarranted alarm is transmitted in any three-month period will be subject to issuance of a notice of violation. Such notice of violation will afford the owner the opportunity to address the cause of the unnecessary or unwarranted alarm and to certify correction of the violation in accordance with R109-01(c), without having to appear for an ECB hearing and without imposition of a penalty.

   (4) An owner issued a notice of violation pursuant to R907-01(c)(3) shall be liable for a violation of this section for any subsequent unnecessary or unwarranted alarm within six (6) months of the date of issuance of the notice of violation. Each such subsequent notice of violation shall constitute a repeat offense pursuant to Administrative Code § 15-229(a) and shall not be eligible for certification of correction without a hearing and penalty pursuant to R109-01(c). Each such subsequent notice of violation shall extend for an additional six (6) months the time the owner is liable for unnecessary or unwarranted alarms pursuant to this provision.

   (5) An owner issued one (1) or more notices of violation pursuant to R907-01(c)(3) or (4) who does not transmit any unnecessary or unwarranted alarm within six (6) months of the date of issuance of the last-issued notice of violation shall be restored to compliant status and shall thereafter be subject to issuance of a notice of violation only for two (2) unnecessary or unwarranted alarms within a three-month period, as set forth in R109-01(c)(2).

   (6) Nothing contained herein shall be deemed to preclude the Department from utilizing other means of enforcement with respect to unnecessary or unwarranted alarms that meet or exceed the number set forth in R907-01(c)(2).

   (7) For purposes of this section, the malicious transmission of a false alarm by activation of a manual fire alarm box shall not be construed as an unnecessary alarm.

  1. Alarm Log Book.

   (1) The provisions of this section shall apply to any premises having a defined fire alarm system.

   (2) The fire safety director, or in buildings not requiring a fire safety director, a person designated by the owner, shall be responsible to make all log book entries required by this section.

   (3) An alarm log book shall be maintained on the premises, at the building’s main fire alarm control panel. In the absence of a secure location at the main fire alarm control panel, the alarm log book may be secured during non-business hours in another area provided it is made available for inspection by any Department representatives responding to an alarm on the premises. Alarm log book entries shall be made in chronological order, recording the location and causes of all alarm signals transmitted by such fire alarm system.

   (4) The alarm log book shall be a bound book (other than spiral bound) with consecutively numbered and lined pages. The cover of the log book shall bear the inscription, “ALARM LOG BOOK”, together with the name and address of the building. All entries shall be made in ink and dated. A separate log book shall be kept for each calendar year. Log books shall be retained for a period of three (3) years from the date of the last entry.

   (5) The alarm log book shall be divided into three (3) separate sections as set forth below. Each section shall have a sufficient number of pages to allow for entries for at least one (1) year. The following log book entries are required and shall be made in each instance:

      (A) Daily entries. The name of the person who made the entry, the certificate of fitness number of the fire safety director on duty, if applicable, and the time each tour of duty began and ended, shall be entered in the alarm log book on a daily basis. These entries shall be set forth in columns in the log book as follows:

         (1) name

         (2) certificate of fitness number

         (3) time started

         (4) time relieved

      (B) System off-line entries. The date and time the alarm system was taken off-line, the reason for such action, the name and certificate of fitness number of the person notified at the central station (or other evidence of notification satisfactory to the Department), and the date and time the system was restored to service, shall be entered in the alarm log book in each such circumstance. These entries shall be set forth in columns in the log book as follows:

         (1) time off line

         (2) reason off line

         (3) central station name and telephone number

         (4) time restored

      (C) Activated alarm entries. The date and time the alarm activated, the type and location of the device (e.g., smoke detector, 27th floor, elevator lobby), the probable cause of the alarm, and the Department unit and officer responding shall be entered in the alarm log book in each such circumstance. These entries shall be set forth in columns in the log book as follows:

         (1) date and time activated

         (2) location and detector type

         (3) probable cause

         (4) Department unit and officer

      (D) Notification entries. The date and time of any notification to the occupants of the premises pursuant to FC Chapter 9 and R907-01(d), regarding a non-functioning or improperly functioning alarm system.

  1. Smoke Detector Maintenance and Recordkeeping.

   (1) Owner responsibility. The owner (including any lessee) of any premises monitored by a defined fire alarm system shall be responsible for the detector maintenance required by FC Chapter 9 and the smoke detector cleaning and testing required by this section.

   (2) Certificate of fitness. The smoke detector cleaning and testing required by this section shall be performed by a person holding a certificate of fitness for smoke detector maintenance.

   (3) Smoke detector maintenance company certificate. Such work shall be performed under the supervision of a company holding a smoke detector maintenance company certificate. All other smoke detector maintenance and testing shall be performed by a person possessing the requisite qualifications and experience, and any applicable license or certificate. Notwithstanding the foregoing, the smoke detector cleaning and testing required by this section may be performed by an owner of the premises, or an employee thereof, who possesses a certificate of fitness for smoke detector maintenance and the tools, instruments or other equipment necessary to perform smoke detector cleaning and testing required by this section.

   (4) Smoke detector cleaning and testing.

      (A) All smoke detectors connected to a defined fire alarm system shall be cleaned and tested in compliance with the procedures set forth in the manufacturer’s specifications and in NFPA 72, except that where such procedures are inconsistent with the provisions of this section, the provisions of this section shall apply.

      (B) All smoke detectors connected to a defined fire alarm system shall be:

         (1) cleaned not less than once every six (6) months, except for analog (intelligent) smoke detectors, which shall be cleaned no later than one (1) week from receipt of an indication of the need for cleaning.

         (2) tested for smoke entry not less than once a year.

         (3) tested for sensitivity not less than once a year, except for analog (intelligent) smoke detectors, which shall be tested for sensitivity no later than one (1) week from receipt of an indication of the need for such testing.

      (C) Any smoke detector not performing in conformance with the manufacturer’s specifications or the standards set forth in NFPA 72 shall be re-calibrated, repaired or replaced, as required, in accordance with the manufacturer’s recommendations and the requirements of said standard.

   (5) Smoke detector maintenance recordkeeping.

      (A) The provisions of this section shall apply to any premises having a defined fire alarm system.

      (B) A smoke detector maintenance log book shall be maintained on the premises in the office of the fire safety director, or, in buildings not requiring a fire safety director, in the building superintendent’s office. Such log book shall state the total number of smoke detectors on the premises and list each smoke detector by location. Entries shall be made in such log book, in chronological order, regarding the installation, repair, maintenance and testing of the smoke detectors, and any signals transmitted by such detectors. Such entries shall include the date and nature of any inspection, cleaning, testing or calibration, and the name of the person and company performing such work, and any signal transmitted by analog (intelligent) smoke detectors communicating a need for cleaning and/or adjustment.

      (C) The fire safety director, or in buildings not requiring a fire safety director, a person designated by the owner, shall be responsible to make all smoke detector maintenance log book entries required by this section.

      (D) The smoke detector maintenance log book shall be a bound book (other than spiral bound) with consecutively numbered and lined pages. The cover of the log book shall bear the inscription, “SMOKE DETECTOR MAINTENANCE LOG BOOK,” together with the name and address of the building or occupancy. All entries shall be made in ink and dated. A separate log book shall be kept for each calendar year. Log books shall be retained for a period of three (3) years from the date of the last entry. A computer record that is designed to prevent or detect alteration of information and that is otherwise maintained in a manner acceptable to the Department, may be maintained in lieu of a bound log book provided that such computerized record is available on the premises for inspection by any Department representative during business hours.

      (E) A copy of the smoke detector manufacturer’s recommended maintenance procedures shall be kept with the smoke detector maintenance log book.

  1. Compliance with Other Laws, Rules and Regulations. Nothing contained in this section shall be construed to authorize any installation, alteration or repair of electrical wiring or other component of a fire alarm system that any other law or rule, including the Electrical Code or the Building Code, requires to be performed by a licensed electrician.

§ 912-01 Periodic Testing of Standpipe and Sprinkler Systems With Fire Department Connections.

(a) Scope. This section sets forth standards, requirements and procedures for testing standpipe systems and sprinkler systems that have fire department connections.
  1. General Provisions.

   (1) Periodic testing. Upon order of the Commissioner, but at least once every five (5) years, the following tests shall be conducted, at the owner’s risk, by his or her representative before a representative of the Department:

      (A) The entire standpipe system shall be subjected to a hydrostatic pressure test and a flow test to demonstrate its suitability for Fire Department use.

      (B) Standpipe system and sprinkler system fire department connections shall be subjected to a hydrostatic pressure test to demonstrate their suitability for Fire Department use.

   (2) The contractor shall have the system ready for test at the time of the appointment and shall have sufficient personnel present to conduct the test in a proper manner.

   (3) All defects noted during the test must be corrected before the test can be approved.

  1. Standpipe Pressure and Flow Tests. Standpipe systems shall be tested in accordance with the following procedures:

   (1) Hydrostatic test.

      (A) A pressure of 50 psi in excess of static pressure shall be applied to the entire system before replacing clappers in fire department connection check valves. Where intermediate tanks are provided, static pressure must be calculated from the roof tank.

      (B) The test connection shall be made at the fire department connection.

      (C) Standpipe systems shall not be tested using air or other pneumatic methods.

   (2) Flow test.

      (A) No flow test shall be conducted when the outdoor ambient temperature is below 32°F.

      (B) Shut off supply to system (gravity tank or street supply).

      (C) Drain system at lowest outlet available.

      (D) Remove all lower check valve clappers and then replace the bonnet.

      (E) Connect a control valve to each fire department connection. The contractor shall provide a hose or make other provisions for draining of the water, so arranged as to hold the fire department connection clapper in an open position.

      (F) Open the tank control valve or the street control valve and fill the entire system.

      (G) Stretch the hose to curb or to a drain, and flush each fire department connection until water runs clear. Shut the water off as soon as it runs clear.

   (3) System restoration.

      (A) Restore the system by replacing clappers in check valve, opening all control valves and filling the system.

      (B) Properly vent all dead ends.

      (C) Inspect drips after protection is restored, to check if the lower check valves are leaking.

      (D) The contractor shall endeavor to ensure that the standpipe system is not out of service overnight. If it is impracticable to restore the system for Fire Department use, the certificate of fitness holder shall notify the owner or building manager and the Department, by telephoning the Department communications office (dispatcher) for the borough in which the premises is located. If the certificate of fitness holder is not present, the contractor shall make such notifications.

  1. Sprinkler System Pressure Test.

   (1) The fire department connections for a sprinkler system shall be hydrostatically pressure tested by applying a hydrostatic pressure of 100 psig directly to each fire department connection and satisfactorily maintaining such pressure for not less than 20 minutes. Fire department connections may be isolated from the sprinkler system in accordance with the following procedures:

      (A) If the fire department connection check valve is of the flange type, a blind gasket or blank disc shall be installed between the flanges at the inlet (dry side) of check valve.

      (B) If the fire department connection check valve is the screw type valve without flanges, the line at the dry side of check valve [;must]; shall be cut and the end capped.

      (C) When the test is completed, the blind gasket or blank disc shall be removed and flange gasket replaced. If the pipe was cut to conduct the test, it shall be provided with flanges after the test so that it can be used when future tests are conducted.

      (D) After blind gaskets or blank disc are removed and piping is properly reconnected, a final test equal to city main pressure shall be applied to the fire department connection header to check that the flange connection is water tight.

      (E) When the test is completed, the fire department connection header shall be drained and the drip valve left in good working order.

      (F) When the fire department connections for perforated pipe systems are tested, the perforated branch lines shall be backed out and openings plugged.

   (2) Pneumatic testing. Sprinkler system fire department connections shall not be tested using air or other pneumatic methods.

   (3) System restoration.

      (A) If the fire department connection is isolated during the hydrostatic testing, the system shall be restored by removing plugs and reconnecting branch lines.

      (B) The contractor shall endeavor to ensure that the sprinkler system is not out of service overnight. If it is impracticable to restore the system for Fire Department use, the certificate of fitness holder and/or impairment coordinator supervising such testing shall comply with the out-of-service fire protection system requirements of FC901.7, including notification to the Department by telephoning the Department communications office (dispatcher) for the borough in which the premises is located. If the certificate of fitness holder or impairment coordinator is not present, the contractor shall notify the owner or building manager and the Department.

Chapter 10: Means of Egress

§ 1025-01 Fire Escape Window Gates and Similar Security Devices For Secondary Means of Egress and Emergency Escape and Rescue Openings.

(a) Scope. This section sets forth standards, requirements and procedures for the design, installation, operation and maintenance of gates, bars, grilles, grates or similar devices placed over:

   (1) windows and other openings onto fire escapes, as set forth in FC1025 and New York State Multiple Dwelling Law § 53(1)(c);

   (2) other required secondary means of egress in multiple dwellings, as set forth in New York State Multiple Dwelling Law § 53(1)(c); and

   (3) emergency escape and rescue openings, as set forth in FC1025.

  1. Definitions. The following term shall, for purposes of this section and as used elsewhere in the rules, have the meaning shown herein:

   Window/egress gate. Any gate, bar, grille, grate or similar device placed over any window or other opening onto a fire escape, any required secondary means of egress in a multiple dwelling, or any emergency escape and rescue opening.

  1. General Provisions.

   (1) Compliance with provisions of law. All window/egress gates shall be designed, installed and maintained in compliance with the requirements of FC Chapter 10, the Building Code and the New York State Multiple Dwelling Law.

   (2) Certificate of approval required. All window/egress gates shall be of a type for which a certificate of approval has been issued.

  1. Design and Installation Requirements. Window/egress gates shall be designed installed in a manner that:

   (1) does not reduce the required dimensions of the window or other opening;

   (2) does not prevent or impede the proper operation or free movement of the window or other opening;

   (3) is without projections that can snag the clothing of those escaping through the opening;

   (4) does not swing up to open;

   (5) is readily openable from the inside of the building or structure with no more than one releasing operation, and without the use of a tool, key or special knowledge or effort;

   (6) will readily open manually even if springs or other automatic actuating devices used to assist in the release operation do not operate properly or at all;

   (7) unlatches upon the application of the following force:

      (A) For finger-actuated or hand-actuated system, a force of not more than five (5) pounds.

      (B) For foot-actuated systems, a force of not more than 15 pounds.

      (C) For foot-actuated systems designed to be operated by a kick, a force of not more than the impact of swinging a 25-pound weight on a four-foot pendulum over a horizontal distance of ten (10) inches;

   (8) once unlatched, opens upon the application of the following force:

      (A) To set the window/egress gate in motion, a force of not more than 30 pounds.

      (B) To open the window/egress gate to the minimum width of the opening, a force of not more than 15 pounds;

   (9) attaches to the jamb of the window or other opening with standard wood or sheet metal screws only. No other fastening devices shall be used. The depth of the actual screw anchorage shall be no more than one (1) inch; and

   (10) leaves one-quarter (1/4) of an inch continuous space with a depth of at least three- quarters (3/4) of an inch between the window/egress gate and the frame of the window or other opening for the entire height of the window/egress gate.

  1. Operational and Maintenance Requirements. Window/egress gates shall be operated and maintained in compliance with the following requirements:

   (1) Window/egress gates shall not be obstructed in a manner that would prevent or impede access to, or the proper operation or free movement of, such device.

   (2) Window/egress gates shall be maintained in good working order. They shall be checked for proper operation at least once every six (6) months.

   (3) Window/egress gates shall be permanently marked, labeled or tagged with the certificate of approval number and the name, address and telephone number of the manufacturer.

   (4) The manufacturer of the window/egress gate shall provide printed installation and operating instructions with each such device. Such instructions shall set forth how to install and initially test the window/egress gate, how to operate the window/egress gate in order to exit through the window or other opening, and any required periodic testing and maintenance. When the window/egress gate is installed by a person other than an occupant of the dwelling unit or other space in which such device is installed, or other end user, the installer shall provide a copy of such instructions to such occupant or other end user.

Chapter 14: Fire Safety During Construction, Alteration and Demolition

§ 1401-01 Enforcement of Fire Safety at Construction Sites.

(a) Scope. This section sets forth requirements relating to the operation of construction sites.
  1. Cooperation with Department Inspections.

   (1) Construction sites are subject to regular inspection by the Department. Such inspections may include enforcement of Construction Code requirements pursuant to the authority granted to the Department by Administrative Code § 28-103.1. Inspection frequency will be determined by the Department based on an assessment of the risks associated with the construction, alteration and/or demolition work being conducted. Construction sites at which a building more than 35 feet in height or with a footprint of more than 7,500 square feet is being constructed or demolished will be inspected by the Department at least once every 30 days when construction or demolition operations are in progress, unless the Department’s risk assessment of the specific construction site indicates a heightened or diminished risk warranting a different inspection frequency.

   (2) The owner of every premises upon which construction, alteration or demolition operations are being conducted, the construction manager, project manager, general contractor and any other person in charge of such construction site, shall cooperate with the Department in its inspections of the construction site, including providing or arranging for access to and around the construction site, inspection of records, and communication with the owner or his or her design professionals, managers or contractors, as necessary or appropriate. The fire safety manager, where required pursuant to FC1408, shall provide such assistance; or, where no fire safety manager is required, such assistance shall be provided by the liaison required by FC2703.9.1.1 in connection with the storage, handling or use of hazardous materials or other appropriate representative of the owner, construction manager, project manager or general contractor.

  1. General Requirements. The owner shall ensure fire safety on the construction site by monitoring and enforcing compliance with all applicable code and rule provisions, including but not limited to the following requirements:

   (1) obtaining and maintaining on the site all required permits, certificates and recordkeeping, including the Building Department work permit and Fire Department permits, in accordance with Administrative Code §§ 28-105.1 and 28-105.11, FC Chapter 1 and other applicable provisions of the code and rules;

   (2) provision and maintenance of elevators in readiness, in accordance with FC1411.3 and BC3303.12;

   (3) provision and maintenance of standpipe systems, in accordance with FC1413 and BC3303.8;

   (4) provision and maintenance of sprinkler systems, in accordance with FC1414 and BC3306.9.6;

   (5) provision and maintenance of stairways and other required means of egress, in accordance with FC1027 and BC3303.11;

   (6) provision and maintenance of an approved water supply for fire protection purposes prior to delivery of hazardous materials or combustible materials at the construction site, in accordance with FC1412;

   (7) storage, handling and use of compressed gases, including LPG and CNG, in accordance with FC 1406, 3504.2, 3804.10* and 3809.12;

   (8) storage, handling and use of flammable liquids and combustible liquids, including gasoline, diesel fuel, paint, varnishes and lacquers, and cargo tank vehicle fueling, in accordance with FC 1405 and 3406.2;

   (9) storage, handling and use of small arms ammunition for powder-actuated tools, including nail and rivet guns, in accordance with FC1418;

   (10) storage, handling and use of heating, drying and curing devices, including portable fueled space heaters, in accordance with FC1403, and the enforcement of the prohibition against open fires, in accordance with FC1404;

   (11) conduct of hot work operations, including the provision of a fire watch, in accordance with FC 1404 and 2604;

   (12) provision, maintenance and ready availability of portable fire extinguishers, in accordance with FC906;

   (13) provision and maintenance of fire apparatus access, in accordance with FC1410;

   (14) provision and maintenance of an emergency telephone, in accordance with FC1409;

   (15) storage and removal of combustible waste from the construction site, in accordance with FC1404.2;

   (16) enforcement of the prohibition against smoking on the construction site, in accordance with FC1404; and

   (17) provision of a watchperson familiar with the location and use of firefighting equipment and location of emergency telephone and fire alarm boxes, when construction or demolition operations are not in progress, in accordance with BC3307.5.1 and FC1409.

   (18) except as otherwise required by Administrative Code § 15-205 or other applicable law, rule or regulation, or as otherwise approved, providing and maintaining a clear space of five (5) feet from any construction site fence, equipment or other construction site material, operation or facility to any street (public) hydrant, to allow unobstructed Department access to the hydrant, making of hose connections, and operation of the hydrant operating nut.

§ 1403-01 Portable Space Heaters Fueled By Piped Natural Gas at Construction Sites.

(a) Scope. This section sets forth design, installation, operation and maintenance requirements for the storage, handling and use, at construction sites, of portable space heaters fueled by piped natural gas.
  1. General Provisions.

   (1) Prohibited operations. It shall be unlawful to store or use a portable space heater fueled by piped natural gas at a construction site:

      (A) for human comfort or any purpose other than construction-related curing and drying;

      (B) for construction-related curing and drying, without a Department permit;

      (C) in any part of the building under construction that is occupied;

      (D) in any part of the building under construction that is located within ten (10) feet of any opening in a wall of an occupied adjacent structure or building, or within 50 feet of any building occupied for educational, health care or religious purposes, place of public assembly or other place of public gathering;

      (E) at any construction site at which there is no shut-off valve for the piped natural gas service installed outside of the building under construction in accordance with the requirements of the Construction Codes; or

      (F) where pressure of supply to piped natural gas to the building under construction is more than one-half (1/2) psig.

   (2) Smoking.

      (A) Pursuant to FC1404.1, it shall be unlawful to smoke at any construction site.

      (B) It shall be unlawful under any circumstance to smoke within ten (10) feet of any portable space heater fueled by piped natural gas.

  1. Permits.

   (1) Permit required. A permit shall be obtained from the Department pursuant to FC105.6 prior to any storage or use of portable space heaters fueled by piped natural gas at a construction site.

   (2) Permit applications. Permit applications shall be filed by the owner, or by a registered design professional or contractor on the owner’s behalf, with the District Office of the Bureau of Fire Prevention. The permit application shall include such information and documentation as the Department may require, including a completed application form and a copy of the work permit issued by the Department of Buildings (or other form of approval acceptable to the Department) authorizing the installation of temporary natural gas piping.

  1. Supervision.

   (1) Use. Portable space heaters fueled by piped natural gas at a construction site shall be under the personal supervision of a certificate of fitness holder, whenever such heaters are in use.

   (2) General. At all times other than when they are in use, portable space heaters fueled by piped natural gas at a construction site shall be under the general supervision of a certificate of fitness holder.

   (3) Plumbers. Supervision of portable space heaters fueled by piped natural gas may be provided by a plumber, who shall perform all the duties required of the certificate of fitness holder by this section.

  1. Inspection.

   (1) Frequency. The certificate of fitness holder shall periodically inspect all portable space heaters fueled by piped natural gas at a construction site. Such inspections shall be conducted as frequently as needed to ensure the safe operation of the heaters, considering the nature and location of the curing or drying operation and surrounding activities at the construction site, but in no event less than once every four (4) hours. All portable space heaters fueled by piped natural gas that are connected for use but not in use, and all natural gas piping and equipment installed at the construction site, including the outdoor gas service line shut-off valve, shall be inspected at least once every work day.

   (2) Purpose. The certificate of fitness holder or plumber shall ensure that all such appliances, piping and equipment are in a safe condition and proper working order and are otherwise installed, maintained and operated in compliance with the requirements of this section. Any appliance, piping or equipment that is not in a safe condition or proper working order shall be immediately disconnected, promptly removed from the premises, and not returned to service unless restored to a safe condition or good working order.

   (3) Recordkeeping. A record of all inspections required by this subdivision, including any corrective action taken, shall be entered in a bound log book kept at the construction site and made available for inspection by any Department representative.

  1. Design and Installation Requirements.

   (1) Natural gas piping and control valves. In connection with the use of portable space heaters fueled by piped natural gas at construction sites:

      (A) Temporary natural gas piping shall comply with all requirements of the construction codes.

      (B) Temporary natural gas piping shall be installed in such a manner and at such locations as will minimize the risk of damage from the construction activity occurring at the construction site.

      (C) Temporary natural gas piping shall be clearly marked “Natural Gas” at least once every 30 feet, and at least once in each room or other separate area.

      (D) A shut-off valve shall be installed at each natural gas pipe outlet that is to be used for a portable space heaters fueled by piped natural gas with a flexible hose connection. A maximum of four (4) heaters may be connected to each such shut-off valve.

      (E) All shut-off valves required by this section shall be hand operable and of the quarter-turn type.

      (F) All valves required by this section shall be installed in unobstructed locations where they are clearly visible and readily accessible. Access shall be provided to any valve located more than seven (7) feet above floor level by means of a fixed or otherwise stable stair, ladder or platform.

      (G) The outdoor gas service line shut-off valve shall be clearly marked with metal tags or in another permanent manner.

      (H) Defective gas piping, tubing and fittings (including valves, strainers, filters) shall be replaced and not repaired. An adequate supply of spare parts and material shall be available on the premises for replacement.

   (2) Portable space heaters fueled by piped natural gas. In connection with the use of portable space heaters fueled by piped natural gas at construction sites:

      (A) Portable space heaters fueled by piped natural gas shall be listed and labeled as set forth in FC313.5.1.

      (B) All electrical wiring and equipment associated with the use of portable space heaters shall be installed in conformance with the Electrical Code.

      (C) Flexible hoses used for connecting portable space heaters fueled by piped natural gas to natural gas pipe outlets:

         (1) shall be suitable for natural gas service and of a type designed for a working pressure of not less than 350 psi;

         (2) shall not exceed 20 feet in length;

         (3) shall be installed with a shut-off valve between the end of the hose and the heater;

         (4) shall not pass through any walls, partitions, ceilings or floors, or any other concealed location;

         (5) shall not extend from one room to another, except through an opening where the door has been removed or secured from movement, and shall not be installed in such other manner or at such other locations as would expose the hose to crimping, wear or damage or constitute a falling or tripping hazard;

         (6) shall not be used for any other purpose; and

         (7) shall be maintained in a safe condition.

  1. Operational Requirements. In connection with the use of portable space heaters fueled by piped natural gas at construction sites:

   (1) Portable space heaters fueled by piped natural gas shall be:

      (A) used only in well-ventilated areas;

      (B) placed on a noncombustible foundation; and

      (C) placed at a safe distance from combustible materials, including combustible building construction, in accordance with the approved use of the portable space heaters set forth in the acceptance of the Department of Buildings or the approval of the New York City Board of Standards and Appeals, the listing, and in accordance with the manufacturer’s operating instructions; and

      (D) placed at least 20 feet from flammable liquids, combustible liquids and compressed gas containers.

   (2) When the curing or drying is to take place within a temporary enclosure, only noncombustible panels, flame-resistant tarpaulins or similar fire-retardant materials shall be used for such enclosure. The enclosure shall be secured from movement by wind or other causes. Portable space heaters fueled by piped natural gas shall not be placed closer than ten (10) feet from any surface of the enclosure.

   (3) Temporary lighting used in connection with curing or drying operations shall be equipped with heavy duty electrical cords and guards to prevent accidental contact with the bulb. Such lighting shall be removed from the area as soon as they are no longer needed.

   (4) A portable combustible gas leak detector shall be readily available on the premises.

   (5) At least one (1) copy of the manufacturer’s operating and maintenance instructions for the portable space heaters fueled by piped natural gas shall be readily available at the construction site.

  1. Portable Fire Extinguisher Requirements. A portable fire extinguisher with at least a 20-B:C rating shall be provided on each floor of the construction site at a location not more than 30 feet from where a heater is in use or connected for use. A travel distance of up to 50 feet is allowed if a portable fire extinguisher with at least a 40-B:C rating is provided.

§ 1405-01 Crane Aerial Fueling Operations.

(a) Scope. This section sets forth requirements for the aerial fueling of cranes with diesel fuel or other combustible liquids at construction sites and other locations.
  1. General Provisions.

   (1) Permit. Pursuant to FC105.6, a permit is required for the storage, handling and use of combustible liquids, including the storage and handling of such liquids in connection with aerial fueling of cranes.

   (2) [Reserved.]

  1. Prohibitions. It shall be unlawful to:

   (1) fuel a crane aerially with a flammable liquid.

   (2) perform aerial fueling of a crane at a construction site while construction operations are being conducted.

   (3) perform aerial fueling of a crane at a construction site when weather conditions such as wind speed or lightning make such operation unsafe.

  1. Supervision.

   (1) Aerial fueling operations. Aerial fueling of cranes at a construction site shall be under the personal supervision of a certificate of fitness holder.

   (2) Portable tanks. Portable tanks used for aerial fueling shall be under the general supervision of a certificate of fitness holder prior to each use for aerial fueling, to ensure that the portable tank is in a safe condition and ready for such use.

  1. Portable Tanks. The portable tank and tank assembly shall be designed and installed in compliance with the following requirements:

   (1) Capacity. The capacity of the portable tank for fueling shall not exceed 550 gallons.

   (2) Construction. The tank shall be of approved, steel construction, and be designed with sufficient structural strength to allow it to be repeatedly lifted for aerial fueling operations.

   (3) Lifting. The portable tank assembly shall be provided with a sufficient number of lifting lugs capable of safely supporting the weight of the tank and stored fuel when full, and allow the tank to be maintained in a level position during lifting and fueling operations.

   (4) Hose. The connecting hose of the portable tank shall be of a braided flexible steel type, and provided with a breakaway coupling capable of retaining fuel on both sides of the shear section. The length of the hose shall not exceed 30 feet.

   (5) Shut-off valves. The connecting hose of the portable tank shall be provided with shut-off valves at the tank and at the nozzle. The shut-off valve at the nozzle side of the hose, used for the final control of the flow, shall be of a self-closing type and shall be manually held open during dispensing operation.

   (6) Nozzles. The end of the nozzle shall be threaded and provided with a liquid-tight cap while hoisting.

  1. Operational Requirements.

   (1) Inspection of fueling equipment. Prior to aerial fueling operations, the portable tank, hose, valves and all other devices and equipment used to conduct the operation shall be inspected at the construction site to ensure that they are in good working order.

   (2) Method of discharge. The aerial fueling operation shall be conducted under gravity discharge by hoisting a portable tank to an elevation above the crane’s fuel tank.

   (3) Weather conditions. Reliable means for monitoring weather conditions, including wind speed and approaching storms, shall be readily available.

   (4) Communication. Radio and/or other two-way wireless communication shall be maintained between the crane operator and all other personnel involved in the aerial fueling operation.

   (5) Fueling of crane. After the portable tank is lifted to the elevation required, and prior to commencing the crane aerial fueling:

      (A) The engine of the crane being fueled shall be shut off.

      (B) The portable tank shall be grounded to the crane structure.

      (C) The portable tank shall be secured to the crane structure with a chain shorter than the hose length that is capable of restraining the portable tank during the aerial fueling operation.

§ 1408-01 Construction Site Fire Safety Manager.

(a) Scope. This section sets forth standards, requirements and procedures for the supervision of fire safety at a construction site by a fire safety manager designated pursuant to FC1408.1.
  1. General Provisions.

   (1) Designation of fire safety manager. Pursuant to FC1408.1, a fire safety manager shall be designated by the owner at any construction site for which the Building Code requires a site safety manager or site safety coordinator pursuant to BC3310.5. The fire safety manager shall perform the duties and responsibilities set forth in FC1408.1 and this section. The name and certificate of fitness number of the fire safety manager (and any alternate fire safety managers) shall be entered in the logbook required by FC1408.1 to be maintained at the construction site.

   (2) Certificate of fitness. The fire safety manager at a construction site shall hold a certificate of fitness for such purpose.

  1. Supervision of Construction Site Fire Safety.

   (1) Fire safety manager duties and responsibilities. Pursuant to FC1408.1, the fire safety manager is responsible for ensuring that the construction, alteration and demolition work at a construction site is conducted in compliance with the requirements of the Fire Code and the rules. Such supervision shall include, but is not limited to:

      (A) authorizing, supervising and/or monitoring materials, operations and facilities regulated by the Fire Code;

      (B) in accordance with FC1408.1, regularly inspecting the construction site for fire safety purposes, including compliance with the code and rule provisions set forth in R1401-01(c), R1403-01 and R1405-01;

      (C) performing the duties of the impairment coordinator required by FC901.7, the responsible person required by FC2603.2.2, and the Fire Department liaison required by FC2703.9.1.1, or ensuring that such persons are designated and monitoring the performance of their duties;

      (D) providing or arranging Department access to the construction site, inspection of the logbook and other records, and communication with the owner or his or her design professionals, managers or contractors, in accordance with R1401-01(b)(2); and

      (E) taking all other actions that a prudent person trained and knowledgeable in construction site fire safety would take to ensure that fire safety is maintained at the construction site, given site conditions.

   (2) Presence at construction site. The fire safety manager shall be present at the construction site at all times when construction, alteration and demolition work is being conducted. The fire safety manager shall sign in the logbook required by FC1408.1 at the beginning and end of each workday. An alternate fire safety manager shall assume the duties and responsibilities of the fire safety manager whenever the fire safety manager is required to be present at the construction site but is absent.

  1. Obligations of Construction Site Personnel. All persons present on a construction site, including contractors, subcontractors and their employees, shall cooperate with, and comply with the directions of, the fire safety manager in authorizing, supervising and/or monitoring materials, operations and facilities regulated by the Fire Code, or otherwise carrying out the duties and responsibilities of a fire safety manager, as set forth in FC1408 and this section.
  2. Recordkeeping. A record of the periodic inspection of the construction site required by FC1408.1, and other duties and responsibilities performed each day by the fire safety manager, shall be maintained in accordance with the provisions of that section. Entries shall be made for any conditions not in compliance with the applicable code and rule requirements, when such conditions could not be timely corrected, and the notifications made. The logbook required by FC1408.1 used to maintain such records shall be separate and distinct from the any log required to be maintained by the Building Code, including BC 3310.7 and 3310.8.4.

Chapter 17: Fumigation and Insecticidal Fogging

§ 1703-01 Fumigation and Insecticidal Fogging.

(a) Scope. This section sets forth standards, requirements and procedures for fumigation and thermal insecticidal fogging, and insecticidal fogging without the application of heat.
  1. General Provisions. Fumigation and insecticidal fogging operations shall be conducted in compliance with the requirements of FC 1701 and 1703 and this section.
  2. Supervision. Fumigation and insecticidal fogging operations, including insecticidal fogging without the application of heat, shall be supervised by a company holding a fumigation and thermal insecticidal fogging operation company certificate, and conducted by individuals holding a certificate of fitness as set forth in FC 1701.4.1 and 1701.4.2.
  3. Operational Requirements for Fumigation and Insecticidal Fogging Operations.

   (1) Fog generators, except approved portable types, shall be operated outdoors.

   (2) Building occupants in the building to be fumigated, except the personnel conducting the fumigation, shall be evacuated prior to commencing fumigation operations.

   (3) Building occupants in the space to be fogged, except the personnel conducting the insecticidal fogging operations, shall be evacuated from such space prior to commencing fogging operations.

   (4) All openings to the space to be fumigated or fogged shall be kept securely closed.

   (5) The temperature gauge of fog generator used for thermal insecticidal fogging shall be read at frequent intervals. If the temperature rises above normal operating temperature, the generator shall be shut down immediately and the necessary adjustment made. When liquids having a flash point are used, the liquid in the fog generator shall have a flash point at least 40°F higher than the surrounding temperature of the area to be fogged.

   (6) The dryness of the fog shall be checked before beginning the thermal insecticidal fogging operations. Wet fog shall not be used for thermal insecticidal fogging unless the fogging liquid has no flash point.

   (7) When liquids having a flash point are used, no more than one (1) gallon of fogging liquid shall be used for each 50,000 cubic feet of space to be fogged. The fog shall not be allowed to expel directly against any combustible material.

  1. Portable Fire Extinguisher Requirements. A portable fire extinguisher with at least a 20-B rating shall be provided and kept readily accessible during fumigation or insecticidal fogging operations.
  2. Notifications. Notification to the Department of fumigation and thermal insecticidal fogging in accordance with FC1703.3 shall be made to the local fire company. Notification is not required for insecticidal fogging not involving the application of heat.

Chapter 22: Motor Fuel-dispensing Facilities and Repair Garages

§ 2204-01 Self-Service Automotive Liquid Motor Fuel-Dispensing Facilities.

(a) Scope. This section sets forth requirements for the operation and maintenance of self-service automotive liquid motor fuel-dispensing facilities.
  1. General Provisions.

   (1) Facility operation and maintenance. All self-service automotive liquid motor fuel-dispensing facilities shall be operated and maintained in accordance with FC Chapter 22 and this section.

  1. Operational and Maintenance Requirements.

   (1) Movement of motor vehicles. The facility shall be operated so that movement of motor vehicles is orderly and consistent with the safe operation of the facility.

   (2) Repairs. Motor vehicles shall not be repaired in dispensing areas.

   (3) Control booth requirements.

      (A) Housekeeping. The control booth shall be kept clean and orderly. The glass panels of the control booth shall be kept clean and unobstructed at all times. Access to the controls in the booth shall be kept unobstructed by equipment, merchandise or litter.

      (B) Operating manual. An operating manual consisting of a copy of this section, emergency procedures, and facility operating procedures (including the operation of the fire extinguishing system) shall be maintained in the control booth.

      (C) Portable fire extinguisher requirements. In addition to the portable fire extinguishers required by FC2205.5 to be provided in the dispensing area, two (2) portable fire extinguishers with at least a 40-B:C rating shall be provided within the control booth.

   (4) Daily inspections. The certified attendant shall conduct an inspection of the facility on at least a daily basis, and document such inspection in the log book required by R2204-01(c)(5). The inspection shall verify that:

      (A) The fire extinguishing system is properly pressurized, nozzles are clear and unobstructed, and heat detectors are undamaged and unobstructed.

      (B) Portable fire extinguishers have been serviced and have adequate pressure.

      (C) The fire extinguishing system remote manual pull station and the pump shutdown are clear of obstructions.

      (D) Leak detection systems and other alarms are in good working order.

      (E) Emergency procedures signage is posted, unobstructed and legible.

      (F) Required lighting is in good working order.

      (G) Any mirrors and/or approved closed-circuit television used to monitor dispensing operations are in good working order.

      (H) The voice communications system is in good working order.

   (5) Maintenance log book. A maintenance log shall be kept on the premises for inspection by any Department representative. Such log shall list all certified attendants and other persons on the premises who hold certificates of fitness, with their numbers and expiration dates. Entries shall be made in such log book of the daily inspections required by this section, any maintenance or repair of any system, and any fires, spills or other unusual occurrences.

   (6) Fuel Dispensing.

      (A) The certified attendant shall not dispense liquid motor fuel into a portable container in quantities requiring a permit unless the certified attendant verifies that the customer possesses all such permits.

      (B) Persons dispensing motor fuel at a self-service motor fuel-dispensing facility shall hold a valid driver’s license or be at least 18 years of age. The certified attendant or other facility personnel may require any member of the public to produce evidence of same.

§ 2205-01 Underground Liquid Motor Fuel Storage Tanks at Motor Fuel-Dispensing Facilities.

(a) Scope. This section sets forth standards, requirements and procedures for the maintenance of underground motor fuel storage tanks at liquid motor fuel-dispensing facilities.
  1. General Provisions. Underground storage tanks for liquid motor fuel at liquid motor fuel-dispensing facilities shall be periodically inspected, tested and otherwise maintained in accordance with FC2205 and this section.
  2. Periodic Maintenance Requirements. Underground storage tanks at liquid motor fuel dispensing facilities shall be maintained in accordance with the following procedures:

   (1) Overfill prevention devices. The overfill prevention devices required by FC2206.10(18) shall be inspected for proper operation at least once every two (2) years by a person holding a certificate of license. Records of such inspection shall be maintained on the premises as set forth in FC107.7.

   (2) Cathodic protection systems. Tanks and piping systems provided with cathodic protection systems shall be inspected, tested and otherwise maintained to ensure continuous corrosion protection. Cathodic protection systems shall be inspected for proper operation by a trained person knowledgeable of the requirements of the United States Environmental Protection Agency for such systems. Cathodic protection systems other than impressed current cathodic protection systems shall be inspected within six (6) months of installation and at least once a year thereafter. Impressed current cathodic protection systems shall be inspected at least once every 60 days.

   (3) Leak detection systems. Leak detection systems shall be inspected for proper operation at least once a month by a certificate of fitness holder responsible for the supervision of the motor fuel-dispensing facility.

§ 2206-01 Design and Installation of Liquid Motor Fuel-Dispensing Systems at Motor Fuel-Dispensing Facilities.

(a) Scope. This section sets forth standards, requirements and procedures for the design, installation, and installation acceptance testing of the following devices, equipment and systems at liquid motor fuel-dispensing facilities:

   (1) cathodic protection systems and coatings for underground storage tanks and piping; and

   (2) liquid motor fuel dispensers and pumps.

  1. General Provisions. Cathodic protection systems and motor fuel dispensers and pumps at liquid motor fuel-dispensing facilities shall be designed and installed in accordance with FC Chapter 22 and this section.
  2. Cathodic Protection Systems. Cathodic protection systems for underground storage tanks and piping for liquid motor fuel at liquid motor fuel-dispensing facilities shall be designed and installed in compliance with the following requirements:

   (1) Steel storage tanks and piping systems shall be protected against exterior corrosion by either a sacrificial anode or an impressed current cathodic protection system designed in accordance with the applicable National Association of Corrosion Engineers (NACE) standard or other approved standard. Such system shall be designed to provide corrosion protection for not less than 30 years.

   (2) Tanks protected by sacrificial anodes shall be electrically isolated from the piping system.

   (3) Cathodic protection systems shall be designed by a trained person knowledgeable of the requirements of the United States Environmental Protection Agency for such systems. Such person shall first inspect the site and test the site for soil resistivity and the presence of stray currents. Such cathodic protection systems shall be installed under the personal supervision of such person.

   (4) Cathodic protection systems shall be inspected and tested in the presence of a representative of the Department at the time of installation in compliance with the applicable National Association of Corrosion Engineers standard and the following procedures:

      (A) All piping shall be subjected to a holiday test and tanks and associated piping shall be subjected to an electrical continuity test. Any holiday located during a spark test shall be repaired as per coating specifications before the tank or piping excavation is backfilled.

      (B) Upon completion of the underground motor fuel storage tank installation, the following information and documentation shall be submitted to the Department:

         (1) An “as-built” drawing showing number, size (weight) and location of all anodes and test stations.

         (2) An affidavit in a form satisfactory to the Department, executed by the person who designed and supervised the installation of the cathodic protection system, setting forth the type of cathodic protection system installed, a description of the system and its location, the date of final inspection of the installed system, and such person’s certification that the system has been installed and is functioning properly and that the system is designed to provide corrosion protection for at least 30 years.

  1. Coatings. Coatings steel underground storage tanks and piping at motor fuel-dispensing facilities shall be designed and installed in compliance with the following requirements:

   (1) Types of coatings. Steel tanks shall be factory-coated with a dielectric material acceptable to the Department. The coating’s coefficient of thermal expansion must be compatible with steel so that stresses due to temperature changes do not affect the soundness of the coating and the permanent bond which exists between the coating and the steel. The coating must be of sufficient density and strength so that it will not crack, wear, soften or disbond under normal service conditions. The coating must be stable under adverse underground electrolytic conditions and shall be chemically resistant to the products stored. The coating shall have been factory inspected for air pockets, cracks, blisters and electrically tested with a holiday detector at a minimum of 10,000 volts for coating defects such as pinholes.

   (2) Site inspection. All coated tanks shall be inspected on site for coating defects prior to installation. An affidavit attesting to the integrity of the tank coating shall be submitted by a certificate of license holder upon the request of the Department.

  1. Dispensers and Pumps. Upon completion of the installation of a motor fuel dispenser or motor fuel-dispensing pump, such dispenser and pump shall be tested for proper operation by a certificate of license holder. All readily accessible piping shall be inspected for any evidence of leaks. An affidavit executed by such installer attesting to compliance with this requirement shall be submitted to the Bulk Fuel Unit of the Bureau of Fire Prevention.

§ 2206-02 Leak Detection System Functionality Testing.

(a) Scope. This section sets forth standards, requirements and procedures for the periodic testing of underground liquid motor fuel storage and dispensing systems leak detection systems pursuant to FC2206.9.3.
  1. General Provisions.

   (1) Frequency. Pursuant to FC2206.9.3, a functionality test of the leak detection system shall be conducted, at the owner’s risk, before a representative of the Department at least once every two (2) years.

   (2) Supervision. The leak detection system functionality test shall be conducted by a holder of a certificate of license for liquid motor fuel storage and dispensing systems, or a person employed and supervised by such certificate of license holder. The individual conducting the test shall remain on the premises while such test is being conducted and until the system has been returned to normal operation in accordance with R2206-02(c)(5). The Department may require individuals performing such leak detection test to be trained and/or certified by the manufacturer to conduct such test. Upon request, proof satisfactory to the Department shall be submitted attesting to the individual’s training/certification for such leak detection system.

   (3) Scheduling. A leak detection system functionality test shall be scheduled with the Bulk Fuel Unit of the Bureau of Fire Prevention.

   (4) Fire extinguishing system operational. No leak detection system functionality test shall be conducted if the fire extinguishing system required to protect the dispensers is out-of-service or not in good working order.

   (5) Smoking and ignition sources. All sources of ignition in the test area shall be eliminated from the area in which a leak detection system functionality test is to be conducted. Signs reading “NO SMOKING – NO OPEN FLAMES” shall be conspicuously posted in such area.

   (6) Testing area security. The areas surrounding the dispensers, tanks or other equipment or systems tested shall be cordoned off by portable barricades or signs, rope or tape to prevent unauthorized persons or motor vehicles from entering the area.

   (7) Electrical equipment. All electrical equipment used for testing shall be of a type listed as intrinsically safe or suitable for use in hazardous locations. Interlocks shall be provided to ensure that grounding is made prior to electrical contact. Power to electrical equipment shall not be turned on until all electrical connections are made. Connection to power source shall be the final connection made.

  1. Leak Detection System Testing Requirements. Functionality tests of leak detection systems shall be conducted in accordance with the manufacturer’s instructions and the following standards and procedures:

   (1) Testing of probes. Except as provided in R2206-02(c)(2), leak detection probes shall be removed from their installed location, and manually tested by exposing such probes to liquid motor fuel. Probes capable of discriminating liquid motor fuel from water shall also be exposed to water. Leak detection probes which cannot be removed from their installed location may be tested by a method recommended by the manufacturer and acceptable to the Department.

   (2) Testing of discharge line leak detectors. Discharge line leak detectors shall be tested by withdrawing liquid motor fuel from the impact valve port. Liquid motor fuel shall be withdrawn at a rate equal to the minimum rate that the line leak detector is required to activate.

   (3) Dispensing of fuel for testing purposes. The liquid motor fuel to be used for testing purposes shall be dispensed from the liquid motor fuel storage system into a metal safety can of a capacity not exceeding 21/2 gallons. Except as provided in R2206-02(c)(2), such liquid motor fuel shall be withdrawn through the storage system dispenser. Liquid motor fuel withdrawn from the storage system shall be returned to the storage system through the fill connection.

   (4) Standard for successful test. A leak detection system test shall be deemed successful if:

      (A) each tank-interstitial leak detection probe in the system, when exposed to liquid motor fuel and, if designed for such purpose, water, causes the activation of the audible and visible alarm.

      (B) each pump sump leak detection probe in the system, when exposed to liquid motor fuel and, if designed for such purpose, water, causes:

         (1) the activation of the audible and visible alarm, and

         (2) the shutdown of the liquid motor fuel pump.

      (C) each dispenser pan leak detection probe in the system, when exposed to liquid motor fuel and, if designed for such purpose, water, causes:

         (1) the activation of the audible and visible alarm, and

         (2) the shutdown of the affected dispenser or liquid motor fuel pump.

      (D) each electronic line leak detector in the system, upon detection of liquid motor fuel leak, causes:

         (1) the activation of the audible and visible alarm, and

         (2) the shutdown of the liquid motor fuel pump or a significant restriction of liquid motor fuel flow.

      (E) each mechanical line leak detector in the system, upon detection of a liquid motor fuel leak, causes the shutdown of the liquid motor fuel pump or the stopping of liquid motor fuel flow at any rate exceeding three (3) gallons per hour.

   (5) Restoration of system. Upon successful completion of a leak detection system functionality test, liquid motor fuel storage and dispensing system, including the leak detection system, shall be returned to normal operation and checked to ensure that it is in good working order.

  1. Portable Fire Extinguisher Requirements. A portable fire extinguisher having at least a 40-B:C rating shall be readily available for use.

§ 2208-01 Mobile Compressed Natural Gas Motor Fuel Systems.

(a) Scope. This section sets forth requirements for the design, installation, operation and maintenance of mobile CNG motor fuel systems and mobile CNG cascades.
  1. Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meaning shown herein:

   Mobile CNG motor fuel system. A CNG motor fuel system mounted on a vehicle chassis, intended to be driven to different sites for the purpose of dispensing CNG into portable containers, storage systems or motor vehicle-mounted containers.

   Mobile CNG cascade. Multiple CNG containers connected together by rigid steel pipe or tubing, mounted on a trailer or motor vehicle chassis, and intended to be driven or towed to different sites for the purpose of dispensing CNG into portable or motor vehicle-mounted containers.

  1. Mobile CNG Motor Fuel-Dispensing Systems. Mobile CNG motor fuel systems shall comply with the following requirements:

   (1) Design and installation requirements. The design and installation of mobile CNG motor fuel systems shall comply with the requirements of FC2208 and the following:

      (A) Natural gas connections for the gas supply shall be designed and installed in compliance with the requirements of the natural gas utility and the Fuel Gas Code.

      (B) Ventilation openings shall be approved by the Department.

      (C) Labels reading “MANUAL CYLINDER SHUT OFF VALVE” in lettering a minimum of 1/2” high shall be placed on the appropriate access doors.

   (2) Fire safety precautions. The following fire safety precautions shall be observed at all times during operation of mobile CNG motor fuel systems:

      (A) Mobile CNG motor fuel systems may only be operated outdoors.

      (B) The engine and ignition system of the mobile CNG motor fuel system and the motor vehicle into which CNG is being dispensed shall be off during dispensing operations.

      (C) The wheels of such mobile systems shall be chocked during compressing and/or dispensing operations.

      (D) Motor vehicles into which CNG is being dispensed shall be electrically grounded to the mobile CNG motor fuel system.

      (E) A cellular telephone by which fires or other emergencies may be reported to the Department shall be provided to the certificate of fitness holder responsible for the operation of the mobile CNG motor system.

  1. Mobile CNG Cascades. Mobile CNG cascades shall comply with the following requirements:

   (1) Design and installation requirements. The design and installation of mobile CNG cascades shall comply with the requirements of FC2208 and the following:

      (A) A manual shut-off valve shall be provided. Such valve shall be accessible and shall be installed in a protected location to minimize damage from vibration and unsecured objects. Labels with a minimum of 1/2” letters indicating the location of the manual shut-off valve shall be affixed to the mobile CNG cascade at the valve or other conspicuous location.

      (B) CNG containers and shut-off valves shall be color-coded as follows, and the pressure of each bank clearly indicated on the unit:

         (1) High pressure – black

         (2) Medium pressure – green

         (3) Low pressure – orange

      (C) Labels reading “COMPRESSED NATURAL GAS” in red lettering a minimum of six (6) inches high shall be placed on each side and the rear of the mobile CNG cascade.

   (2) Fire safety precautions. The following fire safety precautions shall be observed at all times during operation of mobile CNG cascades:

      (A) Mobile CNG cascades may only be operated outdoors.

      (B) The wheels of such mobile cascade shall be chocked during operation.

      (C) If attached to a motor vehicle, the engine and ignition system of the motor vehicle and the motor vehicle into which CNG is being dispensed shall be off during dispensing operations.

      (D) When the mobile CNG cascade is used as a replacement for a dispenser, the cascade shall be located in an approved dispensing area and the Department shall be notified of the use of the cascade as a replacement and its location.

  1. Portable Fire Extinguisher Requirements. Each mobile CNG motor fuel system and each mobile CNG cascade shall be provided with a portable fire extinguisher having at least a 20-B:C rating.

§ 2208-02 Self-Service Compressed Natural Gas Motor Fuel-Dispensing Facilities.

(a) Scope. This section sets forth requirements for the operation and maintenance of self-service CNG motor fuel-dispensing facilities.
  1. General Provisions.

   (1) Facility operation and maintenance. All self-service CNG motor fuel-dispensing facilities shall be operated and maintained in accordance with FC Chapter 22 and this section.

  1. Operational and Maintenance Requirements.

   (1) Movement of motor vehicles. The facility shall be operated so that movement of motor vehicles is orderly and consistent with the safe operation of the facility.

   (2) Repairs. Motor vehicles shall not be repaired in dispensing areas.

   (3) Control booth requirements.

      (A) Housekeeping. The control booth shall be kept clean and orderly. The glass panels of the control booth shall be kept clean and unobstructed at all times. Access to the controls in the booth shall be kept unobstructed by equipment, merchandise or litter.

      (B) Operating manual. An operating manual consisting of a copy of this section, emergency procedures, and facility operating procedures shall be maintained in the control booth.

      (C) Portable fire extinguisher requirements. In addition to the portable fire extinguishers required by FC2208.7.4.2 to be provided in dispensing areas, two (2) portable fire extinguishers with at least a 40-B:C rating shall be provided within the control booth.

   (4) Daily inspections. The certified attendant shall conduct an inspection of the facility on at least a daily basis, and document such inspection in the log book required by R2208-02(c)(5). The inspection shall verify that:

      (A) The heat detectors are undamaged and unobstructed.

      (B) Portable fire extinguishers have been serviced and have adequate pressure.

      (C) The remote manual release (shutdown) is clear of obstructions.

      (D) Audible and visible alarms are in good working order.

      (E) Emergency procedures signage is posted, unobstructed and legible.

      (F) Required lighting is in good working order.

      (G) Any mirrors and/or approved closed-circuit television used to monitor dispensing operations are in good working order.

      (H) The voice communications system is in good working order.

   (5) Maintenance log book. A maintenance log shall be kept on the premises for inspection by any Department representative. Such log shall list all certified attendants and other persons on the premises who hold certificates of fitness with their numbers and expiration dates. Entries shall be made in such log book of the daily inspections required by this section, any maintenance or repair of any system, and any unusual occurrences.

   (6) Fuel Dispensing. Persons dispensing CNG at a self-service CNG motor fuel-dispensing facility shall hold a valid driver’s license or be at least 18 years of age. The certified attendant on other facility personnel may require any members of the public to produce evidence of same.

§ 2211-01 Repair Garages For Vehicles Fueled by Lighter-Than-Air Fuels.

(a) Scope. This section sets forth standards, requirements and procedures for the issuance of permits to repair garages that repair and/or convert CNG, LNG, hydrogen and/or other vehicles fueled by lighter-than-air fuels.
  1. General Provisions. Pursuant to FC105.6, a permit must be obtained for the operation of any repair garage.
  2. Permit issuance. No original or renewal permit shall be issued to any repair garage that repairs and/or converts vehicles fueled by CNG, LNG, hydrogen or other lighter-than-air fuels, including facilities formerly permitted by the Department as a motor vehicle repair shop, unless such repair garage is in compliance with the requirements of FC2211.7, or documentation is submitted to the Department confirming that such repair garage was approved for the repair or conversion of such vehicles by the Department of Buildings pursuant to the 1968 Building Code.

Chapter 26: Welding and Other Hot Work

§ 2604-01 Hot Work in Repair Garages.

(a) Scope. This section sets forth requirements for conducting hot work operations in repair garages with a capacity for more than one (1) motor vehicle, or in connection with such businesses.
  1. General Provisions.

   (1) Required hot work enclosure or partition. In repair garages with a capacity of more than one motor vehicle, hot work shall be performed in a fire-rated enclosure or behind a noncombustible partition satisfying the requirements of R2604-01(c).

   (2) Outdoor hot work area. The Department may approve use of an outdoor area satisfying the requirements of R2604-01(d) in lieu of, or in addition to, compliance with the enclosure or partition requirements of R2604-01(c).

  1. Hot Work Design and Installation Requirements. In a repair garage with a capacity for more than one (1) motor vehicle, hot work shall be conducted in an area protected in one (1) of the following manners:

   (1) Enclosure. Hot work may be conducted within a fire-rated enclosure, as set forth in FC2604.1.5.1.

   (2) Partition. Hot work may be conducted behind a noncombustible screen that is positioned and of sufficient size to prevent the passage of sparks, slag and heat from the hot work area. Such protection may be provided by a noncombustible draw curtain affixed by rollers to an overhead monorail. Such curtain shall be in close contact with the floor at all points, and sufficiently long so as to completely enclose the motor vehicle being worked upon. The curtain shall form the third and fourth sides of the enclosure, with the exterior wall of the building forming the first and second sides.

  1. Outdoor Hot Work Areas. In lieu of, or in addition to, complying with the requirements of R2604-01(c), the owner of a repair garage may apply for Department approval of the use of an outdoor area for hot work operations. When such outdoor area is used in lieu of satisfying the requirements of R2604-01(c), the owner shall submit an affidavit or other approved form or documentation attesting that all hot work operations will be conducted in a designated outdoor area on the premises, or, with the written permission of the property owner, on an adjoining or nearby premises. Such outdoor area shall not be a sidewalk, public street or private road, and shall be otherwise acceptable for such purposes pursuant to FC2601.3.

§ 2605-01 Use of Oxygen and a Flammable Gas in Citywide Hot Work Operations.

(a) Scope. This section sets forth standards, requirements and procedures for the use of oxygen and a flammable gas in citywide hot work operations.
  1. Permits for Citywide Hot Work Operations.

   (1) Inspection of vehicles. Each vehicle used to transport torches and containers of oxygen and flammable gas for use in citywide hot work operations shall be inspected by a Department representative at the Bureau of Fire Prevention’s Hazardous Cargo Vehicle Inspection Facility prior to the issuance of a permit for citywide hot work operations.

   (2) Permit limitation. Pursuant to FC105.1.2, a citywide permit authorizes hot work at any particular construction site for a maximum duration of thirty (30) days. A site-specific permit shall be obtained for any construction site at which hot work operations are conducted for more than 30 days.

   (3) Reserve storage of oxygen and flammable gases. A citywide permit for hot work operations does not authorize reserve storage of oxygen or flammable gas at a work site. A separate application shall be made for a permit authorizing such reserve storage, as set forth in FC105.6.

   (4) Availability of permit for inspection. A copy of the citywide permit shall be kept in each vehicle which transports oxygen and flammable gas for use during hot work operations. The permit shall be valid only for the specific motor vehicle identified on the permit. A copy of the citywide permit shall also be available at each job site location and made available for inspection by any Department representative.

  1. Transport Vehicle Requirements.

   (1) Securing of containers. Containers shall be safely secured with metal brackets or chains.

   (2) Vehicle signage. To indicate that flammable gas is being transported, each transport vehicle shall be marked, on each side and the rear of the vehicle, with durable signs complying with the requirements of United States DOTn regulations.

   (3) Portable fire extinguisher requirements. A portable fire extinguisher with at least a 2-A:20-B:C rating shall be provided on the vehicle and kept readily accessible.

  1. Notification of Hot Work. The owner of the premises on which the hot work operations are to be conducted shall be notified in writing by the citywide permit holder at least forty-eight hours in advance of the intent to conduct hot work operations. Such notice shall additionally inform the owner of the owner’s responsibility to designate a responsible person to ensure that the work is performed in accordance with the requirements of FC Chapter 26 and this section. The citywide permit holder is hereby deemed to be designated as the responsible person for hot work operations at Group R-3 occupancies, unless the owner affirmatively designates a responsible person other than the citywide permit holder by executing an affidavit or other document approved by the Department. The citywide permit holder shall provide to the owner a copy of the applicable provisions of FC Chapter 26 and this section with such notification.

§ 2609-01 Piped Natural Gas and Oxygen Consuming Devices and Installations.

(a) Scope. This section sets forth standards, requirements and procedures for the design, installation, operation and maintenance of devices and installations utilizing piped natural gas and oxygen, including torches used in the manufacture of jewelry. This section shall apply to both new and existing devices and installations.
  1. Definition. The following term shall, for purposes of this section and used elsewhere in the rules, have the meanings shown herein:

   Natural gas/oxygen consuming device. A device, equipment or system that utilizes piped natural gas and oxygen together for heating, melting or welding.

  1. Permits.

   (1) Required permits. The owner or operator of a natural gas/oxygen consuming device shall obtain required permits prior to storage, handling and use of natural gas or oxygen:

      (A) for the use of such device, in accordance with FC105.6.

      (B) for storage and handling of oxygen, if oxygen containers are stored, in accordance with FC105.6.

      (C) To compress a gas, if natural gas or oxygen is compressed, in accordance with FC105.6.

   (2) Permit applications. Original and renewal permit applications shall include design and installation documents of the natural gas/oxygen consuming device installation, including a schematic diagram of the natural gas piping demonstrating compliance with the requirements of FC2609.8 and this section, and such other information and documentation as the Commissioner may prescribe.

  1. Supervision. Natural gas/oxygen consuming device operations shall be supervised by a certificate of fitness holder, in accordance with FC2603.4.1.
  2. Design and Installation Requirements.

   (1) Piping. Natural gas and oxygen piping shall be designed and installed in accordance with the Building Code and the applicable provisions of NFPA 51.

   (2) Hot work devices. Torches and tips for natural gas/oxygen consuming devices shall be suitable for the gases used, and shall be of a type acceptable to the Commissioner.

   (3) Pressure booster. When the natural gas supply pressure is less than five (5) psig, a pressure booster shall be provided to increase the pressure to at least five (5) psig, but not more than 15 psig.

   (4) Flashback arrester and check valve. A UL listed combination flashback arrestor and backflow check valve shall be installed:

      (A) On the oxygen supply line, between the final oxygen supply pressure regulator and each fuel consuming device.

      (B) On the natural gas supply line, between the final natural gas supply pressure regulator and the fuel consuming devices.

  1. Operational Requirements.

   (1) Natural gas supply pressure. Natural gas pressure supplied to a device shall not exceed 15 psig, and the oxygen supply pressure to a device shall not exceed the natural gas supply pressure.

   (2) [Reserved.]

Chapter 27: Hazardous Materials–General Provisions

§ 2706-01 Non-Production Laboratories.

(a) Scope. This section sets forth the standards and requirements for the storage, handling and use of hazardous materials in non-production laboratories.
  1. General Provisions. Non-production laboratories shall be designed, installed, operated and maintained in compliance with the requirements of FC2706 and this section.
  2. Design and Installation Requirements.

   (1) Electrical requirements. Electrical devices, equipment and systems installed in storage rooms in non-production laboratories shall comply with the Electrical Code requirements for Class I, Group D, Division 2 locations.

  1. Operational Requirements.

   (1) Signage. The entrance to each laboratory unit door shall have a conspicuously posted sign, constructed of metal or other durable material, with RED letters on a white background which shall be located in the area of the mid-point of the height of the door. Such sign shall read as follows:

http://library.amlegal.com/nxt/gateway.dll?f=id$id=rules0-0-0-126-img$3.0$p=

§ 2707-01 Transportation of Explosives by Motor Vehicles.

(a) Scope. This section sets forth standards and requirements for the transportation, including delivery, by motor vehicle, of any blasting materials or Division 1.1 or 1.5 explosives for storage, handling or use in the city.
  1. General Provisions.

   (1) General. Except as otherwise provided in this section, the transportation of explosives by motor vehicle shall be conducted in compliance with the requirements in FC2707.

   (2) Prohibitions.

      (A) It shall be unlawful to park or otherwise store motor vehicles containing explosives indoors, or on any other premises, except outdoors a job site at which approved blasting operations are being conducted.

      (B) It shall be unlawful to transport or allow to be transported in a motor vehicle containing explosives, any matches, mechanical device or equipment capable of generating a spark or flame, or hazardous material other than explosives being transported.

  1. Vehicle Construction. Pursuant to FC2707.6.1, motor vehicles shall be designed and constructed in compliance with the following requirements and any permit conditions:

   (1) The body shall be securely anchored to the chassis.

   (2) The body shall be totally enclosed and separated from the driver’s cab by a minimum distance of four (4) inches.

   (3) The body shall be constructed of wood and the exterior completely wrapped with one-eighth inch (1/8”) noncombustible insulation covered by at least 22 gauge sheet metal. Adequate wrought steel straps may be used in the construction for strengthening purposes. No exposed metal of the sparking type shall be permitted in the interior of the body.

      (A) The sides and ends shall be laminated construction having a total thickness of not less than two and one-quarter inches (21/4”). The outer panels shall be of three-eighths inch (3/8”) plywood glued and screwed to one and one-quarter inch (11/4”) posts. The void between the posts shall be filled with one and one-quarter inch (11/4”) hardwood placed vertically and securely fastened to the posts. The interior of the body shall be finished with five-eighths inch (5/8”) tongue and groove hardwood, placed horizontally and blind fastened.

      (B) The floor shall consist of not less than five-eighths inch (5/8”) tongue and groove hardwood placed horizontally and blind fastened to a subfloor of three-quarters inch (3/4”) hardwood boards laid at right angles to the finished floor, the subfloor shall be securely bolted to a one and three-eighths inch (13/8”) hardwood sill bolted to a structural shape bolster or cross bar.

      (C) The roof shall consist of not less than three-eighths inch (3/8”) plywood glued and screwed to one and one-quarter inch (11/4”) ribs.

   (4) The only entrance into the body shall be through the rear doors. Entry shall be by double doors constructed in compliance with the specifications for the sides and ends of the body. The door opening shall be of such dimension that when the doors are in open position they shall not extend beyond the extreme width of the rear fenders. The doors shall be hung on continuous or piano hinges. An Eberhard No. 5628 three (3) point door lock with handle equipped for a padlock or its equivalent shall be used to secure the door in its closed position. Except when explosives are being loaded or unloaded into or from the body, the door shall be kept locked with a two (2) inch padlock having not less than a five-eighths inch (5/8”) hardened shackle.

   (5) If wheel pockets are used, they shall be formed by a three-quarter inch (3/4”) hardwood box over adequate hardwood framing.

   (6) Bulletproofing protection shall be provided. Each motor vehicle shall be protected against shots fired from a high powered rifle by a minimum protection of one and one-half inch (1 1/2”) 7039-T-63 aluminum thirty five-hundredths inch (35/100”) ceramic armor with one-quarter inch (1/4”) approved fiberglass backing, eight (8) inches of sand or approved equivalent. Such protection may be provided by lining the entire cargo space with such materials, or by placing a cabinet constructed of such materials within the cargo space. If a cabinet is used, then the top of the cabinet shall be arranged as a blow-out panel, and all explosives carried shall be within the cabinet.

  1. Vehicle Capacity.

   (1) Quantity limits. The maximum quantity to be transported, delivered or carried in a motor vehicle at any one time shall not exceed 1,000 pounds of explosives or 5,000 electric fuses or blasting caps.

  1. Vehicle Markings.

   (1) The motor vehicle shall be provided with prominently displayed placards, in compliance with United States Department of Transportation regulations, identifying the type explosives being transported.

   (2) The name of the motor vehicle owner and operator shall be marked on the motor vehicle in accordance with United States Department of Transportation regulations.

   (3) The Department sticker identifying the motor vehicle as having been issued a permit shall be affixed inside the front windshield of the motor vehicle.

   (4) A sign in English shall be painted above the loading on the front partition inside the explosives compartment reading, “Unlawful to transport more than 1,000 pounds of explosives.”

  1. Portable Fire Extinguisher Requirements. Motor vehicles transporting explosives having a gross vehicle weight of less than 14,000 pounds shall be provided with at least two (2) portable fire extinguishers having a minimum combined rating of 4-A:20-B:C. Motor vehicles transporting explosives having a gross vehicle weight of 14,000 pounds or greater shall be provided with at least two (2) portable fire extinguishers with a minimum combined rating of 4-A:70-B:C.

§ 2707-02 Transportation by Motor Vehicle of Hazardous Materials in Continuous Transit Through New York City or For Transshipment From New York City.

(a) Scope. This section sets forth requirements for the transportation of flammable liquids, combustible liquids, compressed gases, and explosives, including fireworks in interstate and intrastate commerce, through the city without pickup or delivery, and with respect to deliveries of such materials to wharfs or piers, airports and shipping terminals for transshipment out of the city, except the following types of hazardous materials, which are not subject to this section:

   (1) Paints, varnishes, lacquers, enamel, shellac, stains, dryer, paint thinners and solvents, lacquer thinners and solvents, varnish thinners and solvents, enamel thinners and solvents, shellac thinners and solvents, stain thinners and solvents; lacquers, varnish, enamel, shellac, stains, dryers, printing inks and printing ink solvents, screening printing inks and screening printing ink solvents, lithographic inks and lithographic ink solvents or other finished products not labeled as in the foregoing, but prominently labeled, “A Paint Product.”

   (2) Small arms ammunition.

  1. General Provisions.

   (1) Transportation of prohibited hazardous materials. Hazardous material prohibited by federal, state or city law, rule or regulation shall not be permitted to enter or pass through New York City, except for the individual shipments specifically authorized by the governmental agencies and authorities having jurisdiction and upon a determination by such agencies that there is no practical alternative route to passage through the city for transshipment. Any shipments so authorized, shall conform to routes, times, and safety conditions specified by the Department.

   (2) Transportation by approved motor vehicles. Motor vehicles for which a permit has been issued may be used to transport allowable hazardous materials in accordance with the Fire Code and the rules without conforming to the routing, time, escort and other requirements of this section.

   (3) Fueling of motor vehicles prohibited. Motor vehicles transporting hazardous materials through the city shall not be fueled in the city, nor shall any stop be made within the city, except as required by traffic.

   (4) Parking and standby prohibited. No motor vehicle transporting hazardous materials through the city (including “empty” vehicles not purged of ignitable vapors) shall stand or park in the city, even though attended, on any public highway, street or road or private property, except that empty vehicles, properly placarded in accordance with the regulations of the United States Department of Transportation, may enter the city for servicing and maintenance. In cases of motor vehicle emergency, every effort shall be made not to stand or park adjacent to or in proximity to any bridge, tunnel, dwelling, building, or place where persons work, congregate or assemble.

   (5) Avoidance of congested areas and streets. Motor vehicles transporting hazardous materials shall avoid congested areas so far as is practicable and use highway exits as close as possible to final destination.

   (6) Transfer of hazardous materials. Hazardous materials shall not be transferred from one (1) container or motor vehicle to another on any public highway, street or road except in a case of emergency.

   (7) Notification of breakdown or collision. In the event of a breakdown or collision, the Department and Police Department shall be promptly notified.

   (8) Routes and times, authorization when needed, special conditions and information for the transportation of hazardous materials through the City of New York by motor vehicle, may be obtained by writing to the Hazardous Cargo Vehicle Inspection Unit, Bureau of Fire Prevention, New York City Fire Department, 245 Meserole Avenue, Brooklyn, NY 11222, or by calling the Department’s Hazardous Cargo Vehicle Inspection Unit at (718) 752-0296 or 0341 during regular business hours. Such information may be obtained on weekends and holidays, or in an emergency, by calling the Operations Center at (718) 999-7900.

  1. Time of transit. Hazardous material shipments shall transit the city only during non-rush hours as follows:

   (1) Monday through Friday:

      (A) Prohibited materials for which specific permission has been given by the Department:

         10:00 am. to 3:00 pm.          7:00 pm. to 6:00 am.

      (B) For explosives, 10:00 am. to 3:00 pm.

      (C) All other hazardous materials:

         9:00 am. to 4:00 pm.          6:00 pm. to 7:00 am.

   (2) Saturday, Sunday and Holidays: As traffic conditions permit, consistent with the laws, rules and regulations of the governmental agencies and/or authorities having jurisdiction.

  1. Routing. All motor vehicles subject to the routing requirements of this section shall comply with the following routes:

   (1) From New Jersey to Western Westchester County and Upstate New York: George Washington Bridge (upper level) to Washington Expressway (without detour on city streets) via the Alexander Hamilton Bridge to the Major Deegan Expressway to New York Thruway (I-87).

   (2) From Western Westchester County and Upstate New York to New Jersey: Reverse of route set forth in R2707-02(d)(1).

   (3) From New Jersey to Eastern Westchester County, Upstate New York and New England: George Washington Bridge (upper level) to Washington Expressway (without detour onto City streets) via the Alexander Hamilton Bridge, directly to Cross Bronx Expressway (I-95) to Bruckner Expressway, continue on Bruckner Expressway to New England Thruway (I-95).

   (4) From Eastern Westchester County, Upstate New York and New England to New Jersey: Reverse of route set forth in R2707-02(d)(3).

   (5) From New Jersey to Long Island:

      (A) From George Washington Bridge: George Washington Bridge (upper level) via Washington Expressway (without detour onto City streets), via the Alexander Hamilton Bridge directly to Cross Bronx Expressway (I-95), east on Cross Bronx Expressway (I-95) to Throgs Neck Bridge, south across Throgs Neck Bridge to Clearview Expressway (I-295) to Long Island Expressway, east on Long Island Expressway (I-495) to Long Island.

      (B) From Outerbridge Crossing: Outerbridge Crossing to West Shore Expressway, North on West Shore Expressway (State 440) to Staten Island Expressway (I-278). Then, East on Staten Island Expressway (I-278) to Verrazano Bridge, cross upper level of Verrazano Bridge to Brooklyn Queens Expressway (I-278), then east on Brooklyn Queens Expressway (I-278) to Long Island Expressway (I-495), then east on Long Island Expressway (I-495) to Long Island.

      (C) From Bayonne Bridge: Bayonne Bridge to Willowbrook Expressway (State 440), then south on Willowbrook Expressway (State 440) to Staten Island Expressway (I-278). Then, East on Staten Island Expressway (I-278) to Verrazano Bridge, cross upper level of Verrazano Bridge to Brooklyn Queens Expressway (I-278), then east on Brooklyn Queens Expressway (I-278) to Long Island Expressway (I-495), then east on Long Island Expressway (I-495) to Long Island.

      (D) From Goethals Bridge: Goethals Bridge to Staten Island Expressway (I-278). Then, East on Staten Island Expressway (I-278) to Verrazano Bridge, cross upper level of Verrazano Bridge to Brooklyn Queens Expressway (I-278), then east on Brooklyn Queens Expressway (I-278) to Long Island Expressway (I-495), then east on Long Island Expressway (I-495) to Long Island.

   (6) From Long Island to New Jersey:

      (A) Reverse of route set forth in R2707-02(d)(5)(A), (B), (C) or (D).

      (B) Hazardous material shipment requiring escort (including explosives and fireworks) shall use route via George Washington Bridge only to minimize travel time within City.

   (7) From New England or Upstate New York, to Long Island (see alternative routes set forth in R2707-02(d)(47)):

      (A) New England Thruway (I-95) to Connors Street exit, to Bruckner Expressway (I-95) to Throgs Neck Expressway (I-295), to Throgs Neck Bridge, to Clearview Expressway (I-295), to Long Island Expressway (I-495), east on Long Island Expressway to City Line.

      (B) New York State Thruway (I-87) south to Major Deegan Expressway (I-87), to Cross Bronx Expressway (I-95), East to Bruckner Expressway, (I-278) to Throgs Neck Bridge, to Clearview Expressway (I-295), to Long Island Expressway, (I-495) east on Long Island Expressway to City Line.

   (8) From Long Island to Upstate New York, New England and Westchester County: Reverse of routes set forth in R2707-02(d)(7)(A) and (B).

   (9) From New Jersey to LaGuardia Airport via Goethals Bridge. Goethals Bridge to Staten Island Expressway (I-278) to Verrazano Narrows Bridge (upper level) to Brooklyn Queens Expressway (I-278) to Astoria Blvd. (exit 39), east to 82nd Street then north on 82nd Street to LaGuardia Airport.

   (10) From LaGuardia Airport to New Jersey via Goethals Bridge: Reverse of route set forth in R2707-02(d)(9).

   (11) From New Jersey to LaGuardia Airport via Outerbridge Crossing: Outerbridge Crossing to West Shore Expressway (State 440), to Staten Island Expressway (I-278) east to the Verrazano Narrows Bridge (upper level), to Brooklyn Queens Expressway (I-278), to Astoria Blvd. (exit 39), east to 82nd Street, north on 82nd Street to LaGuardia Airport.

   (12) From LaGuardia Airport to New Jersey via Outerbridge Crossing: Reverse of route set forth in R2707-02(d)(11).

   (13) From New Jersey to LaGuardia Airport via George Washington Bridge (see alternative routes set forth in R2707-02(d)(47)): George Washington Bridge (upper level) via Washington Expressway (without detouring onto City streets), via Alexander Hamilton Bridge, directly to Cross Bronx Expressway (I-95), east on Cross Bronx Expressway (I-95), to Throgs Neck Bridge, south across Throgs Neck Bridge to Clearview Expressway (I-295) to Long Island Expressway (I-495), west on Long Island Expressway (I-495) to Van Wyck Expressway (I-678), north on Van Wyck Expressway (I-678) to Northern Blvd. (25A), west on Northern Blvd. to Astoria Blvd, west on Astoria Blvd. to 82nd Street, north on 82nd Street to LaGuardia Airport.

   (14) From LaGuardia Airport to New Jersey via George Washington Bridge (see alternative routes set forth in R2707-02(d)(47)): Reverse of route set forth in R2707-02(d)(13).

   (15) From Long Island to LaGuardia Airport:

      (A) Long Island Expressway (I-495) West to Van Wyck Expressway (I-678), North to Northern Blvd. (25-A), West to Astoria Blvd. to 82nd Street, North on 82nd Street to LaGuardia Airport; or

      (B) Long Island Expressway (I-495) West to Brooklyn Queens Expressway (I-278) East to Astoria Blvd. (Exit 39) East to 82nd Street, North on 82nd to LaGuardia Airport; or

      (C) West on Sunrise Highway (State 27) to North Conduit Blvd. to Van Wyck Expressway (I-678), north on Van Wyck Expressway (I-678) to Northern Blvd. (25-A), west on Northern Blvd to Astoria Blvd., Astoria Blvd. to 82nd Street, north on 82nd Street to LaGuardia Airport; or

      (D) West on Sunrise Highway (State 27) to North Conduit Blvd. to Van Wyck Expressway (I-678), north on Van Wyck Expressway (I-678) to Long Island Expressway (I-495), west on Long Island Expressway to Brooklyn Queens Expressway (I-278), east on Brooklyn Queens Expressway to Astoria Blvd. (Exit 39), east on Astoria Blvd. to 82nd Street, north on 82nd Street to LaGuardia Airport.

   (16) From LaGuardia Airport to Long Island: Reverse of route set forth in R2707-02(d)(15)(A), (B), (C) or (D).

   (17) From New England and Upstate New York to LaGuardia Airport (see alternative routes set forth in R2707-02(d)(47)):

      (A) New England Thruway (I-95) south to Bruckner Expressway (I-95) to Throgs Neck Expressway (I-295), via Throgs Neck Bridge to Clearview Expressway (I-295) to Long Island Expressway (I-495), west to Brooklyn Queens Expressway (I-278) east, to Astoria Blvd. (exit 39), east to 82nd Street, then north on 82nd Street to LaGuardia Airport.

      (B) New York State Thruway (I-87) south to Major Deegan Expressway (I-87) to Cross Bronx Expressway (I-95) east to Bruckner Expressway (I-278) to Throgs Neck Bridge, to Clearview Expressway (I-295), to Long Island Expressway (I-495) west, to Brooklyn Queens Expressway (I-278) east, to Astoria Blvd. (Exit 39), east to 82nd Street, then north on 82nd Street to LaGuardia Airport.

   (18) From LaGuardia Airport to New England and Upstate New York: Reverse of routes set forth in R2707-02(d)(17)(A) and (B).

   (19) From New Jersey to JFK International Airport via Goethals Bridge. Goethals Bridge to Staten Island Expressway (I-278) to Verrazano-Narrows Bridge (upper level), Brooklyn Queens Expressway (I-278) east to Long Island Expressway (I-495), east to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to JFK International Airport.

   (20) From JFK International Airport to New Jersey via Goethals Bridge: Reverse of route set forth in R2707-02(d)(19).

   (21) From New Jersey to JFK International Airport via Outerbridge Crossing: Outerbridge Crossing to West Shore Expressway (State 440) to Staten Island Expressway (I-278) to Verrazano-Narrows Bridge (upper level), to Brooklyn Queens Expressway east (I-278) to Long Island Expressway (I-495), east on Long Island Expressway (I-495) to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to JFK International Airport.

   (22) From J.F.K International Airport to New Jersey via Outerbridge Crossing: Reverse of route set forth in R2707-02(d)(21).

   (23) From New Jersey to JFK. International Airport via George Washington Bridge (upper level) (see alternative routes set forth in R2707-02(d)(47)): George Washington Bridge (upper level), via Washington Expressway (without detouring onto City streets) via the Alexander Hamilton Bridge directly to Cross Bronx Expressway (I-95), east on Cross Bronx Expressway (I-95), to Throgs Neck Bridge, south across Throgs Neck Bridge to Clearview Expressway (I-295) to Long Island Expressway (I-495), west to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to JFK International Airport.

   (24) From JFK International Airport to New Jersey via George Washington Bridge (see alternative routes set forth in R2707-02(d)(47)): Reverse of route set forth in R2707-02(d)(23).

   (25) From New England and Upstate New York to JFK International Airport (see alternative routes set forth in R2707-02(d)(47)):

      (A) New England Thruway (I-95), south to Bruckner Expressway (I-95), to Throgs Neck Expressway (I-295), via Throgs Neck Bridge to Clearview Expressway (I-295), to Long Island Expressway (I-495) west on Long Island Expressway (I-495) to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678), to JFK International Airport.

      (B) New York State Thruway (I-87) south to Major Deegan Expressway (I-87) to Cross Bronx Expressway (I-95), east to Bruckner Expressway (I-278) to Throgs Neck Bridge, to Clearview Expressway (I-295) to L.I. Expressway (I495) west to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to JFK Airport.

   (26) From JFK International Airport to New England and Upstate New York (see alternative routes set forth in R2707-02(d)(47)): Reverse of routes set forth in R2707-02(d)(25)(A) and (B).

   (27) From Long Island to JFK International Airport:

      (A) West on Long Island Expressway (I-495) to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to JFK International Airport.

      (B) West on Sunrise Highway (State 27) to North Conduit Blvd. to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to JFK International Airport.

      (C) West on Sunrise Highway (State 27) to North Conduit Blvd. to Rockaway Blvd., or 150th Street, to JFK International Airport.

   (28) From JFK International Airport to Long Island: Reverse of routes set forth in R2707-02(d)(27)(A), (B) and (C).

   (29) From New Jersey to Staten Island wharfs and piers:

      (A) Bayonne Bridge Plaza via Willowbrook Expressway (State 440) to Staten Island Expressway (I-278), west on Staten Island Expressway to Western Avenue, north on Western Avenue to Richmond Terrace, east on Richmond Terrace to Northside wharfs or piers, or Staten Island Expressway, east to Bay Street Exit, then local streets to East Side wharfs or piers.

      (B) Goethals Bridge Plaza via Staten Island Expressway (I-278) to Forest Avenue, north on Forest Avenue to Goethals Road North, west on Goethals Road North to Western Avenue, north on Western Avenue to Richmond Terrace, then local streets for Northside wharfs or piers, or Staten Island Expressway east to Bay Street exit, then local streets to East Side wharfs or piers.

      (C) Outerbridge Crossing via West Shore Expressway (State 440) and Staten Island Expressway (I-278), west on Staten Island Expressway to Western Avenue, north on Western Avenue to Richmond Terrace, then local streets for Northside wharfs or piers, or Staten Island Expressway east to Bay Street, then local streets to East Side wharfs or piers.

   (30) From Staten Island wharfs or piers to New Jersey: Reverse of routes set forth in R2707-02(d)(29)(A), (B) and (C).

   (31) From New Jersey to Brooklyn wharfs or piers:

      (A) Bayonne Bridge, south via Willowbrook Expressway (State 440) to Staten Island Expressway (I-278), east to Verrazano-Narrows Bridge (upper level) to Brooklyn Queens Expressway (I-278), east on Brooklyn Queens Expressway (I-278), east on Brooklyn Queens Expressway (I-278) to nearest exit to location of wharf or pier then local streets to wharf or pier.

      (B) Goethals Bridge to Staten Island Expressway (I-278) to Verrazano-Narrows Bridge (upper level), to Brooklyn Queens Expressway (I-278), east on Brooklyn Queens Expressway (I-278) to nearest exit to location of wharf or pier then local streets to wharf or pier.

      (C) Outerbridge Crossing to West Shore Expressway (State 440) to Staten Island Expressway (I-278) to Verrazano-Narrows Bridge (upper level), to Brooklyn Queens Expressway (I-278), east on Brooklyn Queens Expressway (I-278) to nearest exit to location of wharf or pier, local streets to wharf or pier.

   (32) From Brooklyn wharfs and piers to New Jersey: Reverse of routes set forth in R2707-02(d)(31)(A), (B) and (C).

   (33) From New Jersey to Manhattan wharfs and piers:

      (A) George Washington Bridge (upper level), exit at 178th Street and Fort Washington Avenue, east on 178th Street to Amsterdam Avenue, south on Amsterdam Avenue to Cathedral Parkway (110th Street), east on 110th Street to Columbus Avenue, south on Columbus Avenue to west 57th Street, west on 57th Street to 11th Avenue, south on 11th Avenue to 55th Street, west on 55th Street to 12th Avenue, 12th Avenue north or south to wharf or pier location, or

      (B) Lincoln or Holland Tunnel (for hazardous materials permitted by Port Authority of New York and New Jersey and Fire Department rules only) to 12th Avenue or West Street, then north or south to wharf or pier location, utilizing the following routes:

      (C) Lincoln Tunnel to West Side wharfs and piers North of Lincoln Tunnel: From Lincoln Tunnel, exit at Dyer Avenue (40th Street) north on Dyer Avenue to 41st Street, west (left) on 41st Street, to 12th Avenue (right turn at 12th Avenue adjacent to elevated structure of West Side Highway, continue north on 12th Avenue to wharfs or piers.

      (D) Lincoln Tunnel to West Side wharfs and piers South of Lincoln Tunnel: From Lincoln Tunnel exit at Dyer Avenue (40th Street) north on Dyer Avenue to 41st Street, west (left) on 41st Street to 12th Avenue, south (left) on 12th Avenue (under elevated structure of West Side Highway to southbound traffic lane of 12th Avenue) continue south on 12th Avenue and/or West Street to wharfs or piers.

      (E) Holland Tunnel to West Side wharfs and piers North of Holland Tunnel: Exit from Holland Tunnel at Hudson Street, north (right turn) on Hudson Street to Canal Street, west (left turn) on Canal Street to West Street, north (right turn) on West Street, continue north on West Street and/or 12th Avenue, to wharfs or piers. Note: West Street becomes 12th Avenue at about 12th Street.

      (F) Holland Tunnel to West Side wharfs and piers South of Holland Tunnel: Exit from Holland Tunnel at Hudson Street, north (right turn) on Hudson Street to Canal Street, west (left turn) on Canal Street to West Street, north (right turn) on West Street to west Houston Street, make “U” turn from north bound traffic lane under elevated West Side Highway to south bound traffic lane of West Street, continue south on West Street to wharfs or piers.

      (G) New Jersey, via George Washington Bridge, Lincoln or Holland Tunnels to Lower East Side (East River) wharfs or piers: Continue route set forth in R2707-02(d)(33)(A), (d)(33)(C) or (d)(34)(A), (d)(33)(D) or (d)(34)(B), (d)(33)(E) or (d)(34)(C), or (d)(33)(F) or (d)(34)(D) south on 12th Avenue or West Street, south on West Street to Battery Park Underpass (clearance 12’ 11”), enter Battery Park Underpass and exit on South Street, continue north on South Street and/or marginal street under elevated F.D.R. Drive to location of wharf or pier.

   (34) From Manhattan wharfs and piers to New Jersey:

      (A) West Side wharfs and piers North of Lincoln Tunnel to Lincoln Tunnel: South on 12th Avenue (at 43rd Street, move to left traffic lane to exit at 42nd Street), east (left turn) at 42nd Street on block to 11th Avenue, turn south (right) at 11th Avenue, continue south on 11th Avenue for two blocks (follow signs to Lincoln Tunnel), east (left) on 40th Street to Lincoln Tunnel entrance at Galvin Avenue. Note: In area of 12th Street, 12th Avenue becomes West Street.

      (B) West Side wharfs and piers South of Lincoln Tunnel to Lincoln Tunnel: North on West Street to 12th Avenue, north on 12th Avenue to 40th Street, east on 40th Street across 11th Avenue to Galvin Avenue entrance to Lincoln Tunnel.

      (C) West Side wharfs and piers North of Holland Tunnel to Holland Tunnel: South on 12th Avenue and continue south on West Street to Canal Street, east (left turn) on Canal Street to Hudson Street, then north (left turn) at Hudson Street to Holland Tunnel entrance.

      (D) West Side wharfs and piers South of Holland Tunnel to Holland Tunnel: North on West Street to Canal Street, east (right turn) on Canal Street to Hudson Street, then north (left turn) on Hudson Street to Holland Tunnel entrance.

      (E) Lower East Side (East River) wharfs or piers to New Jersey, via George Washington Bridge, Lincoln or Holland Tunnels: Proceed south on marginal street under elevated F.D.R. Drive and/or South Street to Battery Park Underpass, enter Battery Park Underpass and exit on West Street, proceed north on West Street and/or 12th Avenue, continue as per route set forth in R2707-02(d)(33)(C) or (d)(34)(A), (d)(33)(D) or (d)(34)(B), (d)(33)(E) or (d)(34)(C), or (d)(33)(F) or (d)(34)(D) to Lincoln and Holland Tunnels respectively, and, for George Washington Bridge, proceed north on 12th Avenue to 57th Street, east on 57th Street to Amsterdam Avenue, north on Amsterdam Avenue to 179th Street, west on 179th Street to George Washington Bridge.

   (35) From New England, Westchester County and Upstate New York to Manhattan wharfs and piers:

      (A) New England Thruway (I-95), south on New England Thruway (I-95), to Bruckner Expressway (I-278), to Willis Avenue and Third Avenue exit on 135th Street, west on 135th Street Third Avenue, south on Third Avenue across 3rd Avenue Bridge to 129th Street, east on 129th Street to Second Avenue, south on Second Avenue to East 125th Street, or

      (B) New York Thruway (I-87), south to Major Deegan Expressway (I-87), Major Deegan Expressway (I-87) south to 138th Street exit, service road to Third Avenue, south on 3rd Avenue, across 3rd Avenue Bridge to east 129th Street, east on 129th Street to Second Avenue, south on Second Avenue to east 125th Street.

      (C) Then, west on 125th Street to Amsterdam Avenue, south on Amsterdam Avenue to Cathedral Parkway (110th Street) east on 110th Street to Columbus Avenue, south on Columbus Avenue to west 57th Street, west on 57th Street to 11th Avenue, south on 11th Avenue to west 55th Street, west on west 55th Street to 12th Avenue north or south to wharf or pier location. For Lower East River wharfs and piers, continue south on 12th Avenue to West Street, south on West Street around Battery Park (do not use Battery Under-Pass) to South Street, north on marginal streets under the elevated F.D.R. Drive to location of wharf or pier.

   (36) From Manhattan wharfs and piers to Upstate New York, Westchester County and New England:

      (A) Reverse of route set forth in R2707-02(d)(35)(C) to 12th Avenue, north to West 57th Street, then east on West 57th Street to Amsterdam Avenue, north on Amsterdam Avenue to 125th Street, east to 1st Avenue, north on 1st Avenue to Willis Avenue Bridge, across Willis Avenue Bridge to Bruckner Blvd., Bruckner Blvd. to 138th Street entrance to Bruckner Expressway (I-278), east and north on Bruckner Expressway (I-278) to New England Thruway (I-95), then New England Thruway (I-95) north to City line, or

      (B) Reverse of route set forth in R2707-02(d)(35)(C) 12th Avenue, north to West 57th Street, then east on west 57th Street to Amsterdam Avenue, north on Amsterdam Avenue to 125th Street, east on 125th Street to 1st Avenue, north on 1st Avenue to Willis Avenue Bridge, across Willis Avenue Bridge, Willis Avenue to Major Deegan Expressway (I-87), Major Deegan Expressway north to New York Thruway (I-87), then north to City line.

   (37) From New England, Upstate New York and Westchester County to Staten Island wharfs and piers:

      (A) New England Thruway (I-95). South on New England Thruway (I-95) to Bruckner Expressway (I-95) to Throgs Neck Expressway (I-295) via Throgs Neck Bridge to Clearview Expressway (I-295) to Long Island Expressway (I-495), west on Long Island Expressway (I-495) to Brooklyn Queens Expressway (I-278), west to Verrazano-Narrows Bridge (upper level) to Staten Island Expressway (I-278) to Bay Street exit for Eastside wharfs or piers, or west to Western Avenue, north to Richmond Terrace, then local streets to Northside wharfs or piers.

      (B) New York State Thruway (I-87) south to Major Deegan Expressway (I-87) to Cross Bronx Expressway (I-95), east on Cross Bronx Expressway (I-95) to Throgs Neck Bridge, to Clearview Expressway (I-295) to Long Island Expressway (I-495), west to Brooklyn Queens Expressway (I-278), west to Verrazano-Narrows Bridge (upper level), to Staten Island Expressway (I-278), exit at Bay Street for eastside wharfs or piers, or continue on Staten Island Expressway (I-278) to Western Avenue, north on western Avenue to Richmond Terrace, then local streets to Northside wharfs or piers.

   (38) Staten Island wharfs or piers to New England, Upstate New York and Westchester County: Reverse of routes set forth in R2707-02(d)(37)(A) and (B).

   (39) From New England, Westchester County and Upstate New York to Brooklyn wharfs or piers

      (A) New England Thruway (I-95). South on New England Thruway (I-95) to Bruckner Expressway (I-95) to Throgs Neck Expressway (I-295) via Throgs Neck Bridge to Clearview Expressway (I-295), to Long Island Expressway (I-495), west on Long Island Expressway (I-495) to Brooklyn Queens Expressway (I-278) west on Brooklyn Queens Expressway (I-278) to nearest exit to wharf or pier location. Route from nearest expressway exit to wharf or pier via local streets.

      (B) New York State Thruway (I-87) south to Major Deegan Expressway (I-87) to Cross Bronx Expressway (I-95), east on Cross Bronx Expressway (I-95) to Throgs Neck Bridge, south to Clearview Expressway (I-295), to Long Island Expressway, west on Long Island Expressway (I-495) to Brooklyn Queens Expressway, west on Brooklyn Queens Expressway (I-278) to nearest exit to wharf or pier location, then via local streets to wharf or pier.

   (40) Brooklyn wharf or pier to New England, Westchester County and Upstate New York: Reverse of routes set forth in R2707-02(d)(39)(A) and (B).

   (41) From Long Island to Brooklyn and Staten Island wharfs and piers:

      (A) Long Island Expressway (I-495) west to Brooklyn Queens Expressway (I-278), then west on Brooklyn Queens Expressway (I-278), then continue:

         (1) To nearest exit for Brooklyn wharfs or piers location.

         (2) West on Brooklyn Queens Expressway (I-278) to Verrazano Bridge (upper level), cross bridge to Staten Island Expressway (I-278), exit at Bay Street for Staten Island Eastside wharfs or piers (utilizing local streets), or continue west on Staten Island Expressway (I-278) to Western Avenue, north on Western Avenue to Richmond Terrace, then local streets for Northside Staten Island wharfs or piers.

   (42) Brooklyn or Staten Island wharfs and piers to Long Island: Reverse of routes set forth in R2707-02(d)(41)(A)(1) and (2).

   (43) From Long Island to Manhattan wharfs and piers:

      (A) West on Long Island Expressway (I-495) to Clearview Expressway (I-295), north on Clearview Expressway (I-295) across Throgs Neck Bridge to Bruckner Expressway (I-278), west on Bruckner Expressway (I-278) continuing as per routes set forth in R2707-02(d)(35)(A) and (C) to Manhattan wharfs or piers.

      (B) From Manhattan wharfs and piers to Long Island: Use route set forth in R2707-02(d)(36)(A) to Bruckner Expressway (I-278), east on Bruckner Expressway (I-278) to Throgs Neck Expressway (I-295) south on Throgs Neck Expressway (I-295), over Throgs Neck Bridge, south on Clearview Expressway (I-295) to Long Island Expressway (I-495), then east on Long Island Expressway (I-495) to Long Island.

   (44) Routes to Howland Hook Truck Terminal, Staten Island:

      (A) From New Jersey:

         (1) Bayonne Bridge Plaza via Willowbrook Expressway (State 440) south to Staten Island Expressway (I-278), north on Western Avenue, east to Howland Hook Terminal.

         (2) Outerbridge Crossing, north on West Shore Expressway (State 440) to Staten Island Expressway (I-278), west on Staten Island Expressway (I-278) to Western Avenue, north on Western Avenue, east to Howland Hook Terminal.

         (3) Goethals Bridge to Staten Island Expressway (I-278) to Forest Avenue, north on Forest Avenue to Goethals Road North, west on Goethals Road North to Western Avenue, north on Western Avenue, then east to Howland Hook Terminal.

      (B) From New England, Upstate New York and Westchester County: Use routes set forth in R2707-02(d)(37)(A) and (B), except that entrance to Howland Hook Terminal is east from Western Avenue.

      (C) From Long Island: West on Long Island Expressway (I-495) to Brooklyn Queens Expressway (I-278), then west on Brooklyn Queens Expressway (I-278) to Verrazano Bridge, cross upper level of Verrazano Bridge, then west on Staten Island Expressway (I-278) to Western Avenue, north on Western Avenue, then east to Howland Hook Terminal.

      (D) From J.F. Kennedy Airport: North on Van Wyck Expressway (I-678) to Long Island Expressway (I-495), then west on Long Island Expressway continuing as per route set forth in R2707-02(d)(44)(C).

      (E) From LaGuardia Airport: South on 82nd Street to Astoria Blvd., west on Astoria Boulevard to Brooklyn Queens Expressway (I-278), then west on Brooklyn Queens Expressway (I-278), continuing as per route set forth in R2707-02(d)(44)(C).

   (45) Routes From Howland Hook Terminal:

      (A) To New Jersey: Reverse of route set forth in R2707-02(d)(44)(A).

      (B) To New England, Upstate New York and Westchester County: Reverse of route set forth in R2707-02(d)(44)(B).

      (C) To Long Island: Reverse of route set forth in R2707-02(d)(44)(C).

      (D) To J.F. Kennedy Airport: Reverse of route set forth in R2707-02(d)(44)(D).

      (E) To LaGuardia Airport: Reverse of route set forth in R2707-02(d)(44)(E).

   (46) Truck and Railroad Terminal in Bushwick Area, Brooklyn, and Maspeth Area, Queens. Utilize routes set forth in R2707-02(d)(5) from New Jersey, in R2707-02(d)(7) from upstate New York, New England and Westchester County, C-3 Island Expressway (I-495), then Long Island Expressway (I-495) to Grand Avenue exit (westbound) or Maurice Ave. exit (eastbound), then to Grand Avenue (and Grand Street), east or west as required. Reverse routes for return trips.

   (47) Alternate routes. For vehicles not carrying explosives, alternate routes utilizing the Whitestone Bridge or the Robert F. Kennedy Bridge may be used in lieu of the Throgs Neck Bridge specified in R2707-02(d)(7)(B), (d)(8), (d)(13), (d)(14), (d)(17)(B), (d)(18), (d)(23), (d)(24), (d)(25)(B), (d)(26), (d)(37)(B), (d)(38), (d)(39)(B) and (d)(40), as follows:

      (A)  Cross Bronx Expressway (I-95) to Hutchinson River Parkway, south on Hutchinson River Parkway over Whitestone Bridge, and continue south on Whitestone Expressway (I-678).

         (1) to Astoria Blvd., west on Astoria Blvd. to 82nd Street, north on 82nd Street to LaGuardia Airport.

         (2) to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to J.F. Kennedy Airport.

         (3) to Van Wyck Expressway (I-678), south to Long Island Expressway (I-495), west on Long Island Expressway (1-495) to Brooklyn Queens Expressway (I-278), west on Brooklyn Queens Expressway (I-278) to Brooklyn or Staten Island wharfs or piers as per routes set forth in R2707-02(d)(37) or (39).

      (B) South on Major Deegan Expressway (I-87) from Cross Bronx Expressway or Upstate New York, to Robert F. Kennedy Bridge, across Robert F. Kennedy Bridge to Queens, exit and proceed east on Astoria Blvd.

         (1) to 82nd Street, north on 82nd Street to LaGuardia Airport.

         (2) to Brooklyn Queens Expressway (I-278), west on Brooklyn Queens Expressway (I-278) to Long Island Expressway (I-495), east on Long Island Expressway (I-495) to Van Wyck Expressway (I-678), south on Van Wyck Expressway (I-678) to JFK Airport.

         (3) to Brooklyn Queens Expressway (I-278), west on Brooklyn Queens Expressway (I-278) to Brooklyn or Staten Island wharfs or piers as per routes set forth in R2707-02(d)(37) or (39).

      (C) For return, reverse of routes set forth in R2707-02(d)(47)(A)(1), (A)(2), (A)(3), (B)(1), (B)(2), and (B)(3).

  1. Escort Requirements.

   (1) Motor vehicles transporting hazardous materials requiring Department fire apparatus escorts pursuant to FC2707.12, including explosives and fireworks, shall comply with the requirements of FC2707.12 and this section, including R2707-02(d)(6)(B). The Department reserves the right to require escorts for any hazardous material shipment when deemed necessary.

   (2) Notification of arrival of shipments requiring fire apparatus escorts shall be made 48 hours in advance by calling the Operations Center at (718) 999-7900 and providing the name and address of shipper, carrier, description and size of hazardous material load, including net weight and United States Department of Transportation classification, point of entry into New York City and point of departure, with proposed routing. Arrangements for the escort shall be made at the time of such notification. The carrier will be notified of whom and when to call for final meeting arrangements when the carrier is within two (2) hours approach of New York City or ready to leave an airport or wharf or pier.

   (3) Explosives shipments shall take the most direct permissible route through the City so as to minimize time of exposure within the City. Prior Department approval shall be obtained for any transfer of explosives on a wharf or pier; explosives shall then be loaded directly from the vehicle transporting the explosives to the vessel at a wharf or pier on the sailing date of the vessel, in accordance with Coast Guard Regulations, and, with respect to arriving shipments, directly from the vessel to the vehicle on the date of the vessel’s berthing. No storage of explosives shall be permitted on wharfs, piers, warehouses, staging areas or other locations. No wharf or pier shall be used for the transfer of Division 1.1, 1.2 or 1.3 explosives, except small arms ammunition, or fireworks classified as Division 1.4 explosives, unless such transfer has been approved by the Department and a permit has been issued. Primacord, Cordeau Detonant Fuse or other high velocity fuses may not be trans-shipped via a wharf or pier in the City of New York.

   (4) Escort rendezvous points at entries to New York City. Where Department escort is required, rendezvous with the Department escort shall be made at the appropriate entry point to the city as follows:

      (A) From Long Island:

         (1) From North Shore Long Island: Meet at the safety area of Westbound Long Island Expressway (I-495) on the right side between Lakeville Road and Little Neck Parkway.

         (2) From South Shore Long Island: Meet at northwest corner of intersection of Sunrise Highway (State 27) between Hook Creek Blvd. and 246th Street.

      (B) From New England or Upstate New York:

         (1) New England Thruway (I-95) Southbound; exit at Connors Street exit, proceed on New England Thruway Service Road to Connors Street to meet Department escort.

         (2) New York Thruway (I-87) Southbound; exit into Service Area of Major Deegan Expressway located between Westchester County line and the East 233rd street exit of the expressway, to meet Department escort.

      (C) From New Jersey via:

         (1) Goethals Bridge: Meet at Administration Building in the Toll Plaza.

         (2) Bayonne Bridge: Meet at Administration Building in the Toll Plaza.

         (3) Outerbridge Crossing: Meet at Administration Building in the Toll Plaza.

         (4) George Washington Bridge: Meet at Administration Building in the Toll Plaza.

      (D) From Airports:

         (1) At JFK International Airport: Meet in front of the Major Robert Fitzgerald Building #111 on the inbound service road of the Federal Circle.

         (2) At LaGuardia Airport – Meet at Marine Air Terminal Port Authority of New York and New Jersey Police Building, entering at 82nd Street entrance to LaGuardia Airport.

  1. Seizure of Contraband Materials and Vehicles Transporting Contraband Materials.

   (1) In addition to any other penalties provided by law, rule or regulation, pursuant to FC104.5.1 and R104-03, hazardous material transported in violation of the Fire Code and this section, and the vehicle in which it is being transported, are liable to seizure and disposal by the Department or other law enforcement agency having jurisdiction.

   (2) Seizure of contraband is in addition to other penalties, criminal liability, and violations, including those prescribed by FC 109.2.1 and 109.2.3 and the New York State Penal Code.

Chapter 30: Compressed Gases

§ 3004-01 Use of Carbon Dioxide in Beverage Dispensing Systems.

(a) Scope.

   (1) This section sets forth standards, requirements and procedures for the storage, handling and use of more than 100 pounds (874 SCF) of carbon dioxide, in low-pressure, liquefied form, in beverage dispensing systems.

   (2) The provisions of this section do not apply to the storage, handling and use of carbon dioxide in any refrigerating system, fire extinguishing system or portable fire extinguisher, which are regulated by FC 606, 904 and 906, respectively.

   (3) Any other storage, handling or use of carbon dioxide in a device, equipment or system shall be submitted for Department approval pursuant to FC105.4, and shall be conducted under the personal supervision of a person holding a certificate of fitness, as set forth in FC3001.4, if the amount of carbon dioxide being stored, handled or used requires a Department permit.

  1. General Provisions.

   (1) Applicable standards. Carbon dioxide beverage dispensing systems shall be designed, installed, operated and maintained in compliance with the requirements of FC Chapter 30, this section and:

      (A) Section 5307 of the International Fire Code (IFC) (2015 edition);

      (B) Chapter 13 of NFPA Standard 55 (2016 edition);

      (C) the equipment manufacturer’s design specifications and installation, operation and maintenance instructions; and

      (D) the Construction Codes, as applicable.

   (2) Permit. A permit shall be required for the storage, handling and use of carbon dioxide as set forth in FC105.6.

   (3) Supervision. Carbon dioxide beverage dispensing systems shall be supervised as follows:

      (A) Carbon dioxide beverage dispensing systems shall be installed by a person holding a certificate of fitness.

      (B) The filling of a carbon dioxide container from any source shall be performed by a person holding a certificate of fitness.

   (4) Installer certification of installation or repair. For any newly-installed carbon dioxide beverage dispensing system using more than 400 pounds (3,496 SCF) of carbon dioxide, alteration of such a system (including replacement of piping), and/or inspection or repair of such a system after activation of an emergency alarm or other release of carbon dioxide at or above the exposure limits referenced in R3004-01(c)(1)(G)(2), the installer shall complete and submit to the Bureau of Fire Prevention (by emailing to DistrictOfficeHeadquarters@fdny.nyc.gov) an affidavit in a form approved by the Department certifying that the system is in good working order and setting forth the following information, and such other information and documentation as the Department may require:

      (A) New/altered systems:

         (1) Quantity and size (capacity) of carbon dioxide storage container(s) installed;

         (2) Location of installation at the premises, including floor and room or area;

         (3) Whether the room is provided with mechanical ventilation and/or a carbon dioxide detection and alarm system; and

         (4) Location of carbon dioxide beverage dispensing system central unit panel and visual or audible alarm notification devices.

      (B) Emergency alarm activation/carbon dioxide release:

         (1) Date/time of incident;

         (2) Date/time of system restoration to service;

         (3) Source/cause of carbon dioxide release; and

         (4) System components repaired or replaced.

  1. Design and Installation Requirements.

   (1) Compliance with applicable standards. Carbon dioxide beverage dispensing systems shall be designed and installed in accordance with IFC Section 5307, NFPA Standard 55, and any other applicable standards, as set forth in R3004.01(b)(1), including compliance with the following requirements:

      (A) Containers designed for storage of low pressure, liquefied carbon dioxide;

      (B) Pressure and level devices at the storage tank to indicate the quantity of liquid carbon dioxide, and a pressure device at the fill connection to indicate whether the containers have been filled to their design capacity;

      (C) Pressure relief devices piped to a safe outdoor location;

      (D) Piping systems designed to withstand the effects of expansion, contraction, vibration, physical damage and heat sources;

      (E) Materials suitable for use in the storage of low-pressure, liquefied carbon dioxide;

      (F) Foundation or floor capable of supporting the weight of the carbon dioxide system at full capacity;

      (G) A carbon dioxide detection and alarm system designed and installed for:

         (1) continuous monitoring of carbon dioxide beverage dispensing systems;

         (2) detecting the release of carbon dioxide at or above the short-term exposure limit (STEL) for carbon dioxide established by the American Conference of Governmental Industrial Hygienists (ACGIH) and the permissible exposure limit (PEL) for carbon dioxide established by the United State Occupational Safety and Health Administration and/or other regulatory agencies having jurisdiction; and

         (3) alerting building occupants to a release of carbon dioxide by activating a visual or audible alarm on the central unit panel, if any, and activating a visual or audible alarm notification device within each room or area requiring such system and outside of such room or area; and

      (H)    echanical ventilation, if and where required by the Construction Codes.

   (2) Additional safety requirements. Carbon dioxide beverage dispensing systems shall additionally be designed and installed in compliance with the following requirements, which shall apply to all new and existing systems:

      (A) Fill connections. It shall be unlawful to fill from a cargo tank any carbon dioxide container in a beverage dispensing system, except through a fill connection installed in accordance with this section. Each carbon dioxide storage container shall have its own fill connection and related piping. Fill connection(s) shall be in a lockable box permanently mounted on a wall outdoors. The fill connection and fill vent shall not be located in or above any below-ground spaces or stairwells. If installation of a fill connection is not practicable at a particular premises, application shall be made for modification pursuant to FC104.8 before installing any carbon dioxide beverage dispensing system. Approval of such an installation shall be subject to such additional safety requirements as the Department may require.

      (B) Storage containers. The container(s) storing the carbon dioxide shall be of a design certified as compliant with ASME or USDOT standards, as applicable. Storage containers shall be installed at a location readily accessible for servicing and reading of gauges. Storage containers shall not be installed at any location that would obstruct means of egress, fire protection systems, ventilation systems, or access to gas meters and other utility closets and panels. Storage containers shall be installed at or above grade level, where feasible; if installed below grade, a carbon dioxide detection and alarm system must be installed in all instances.

      (C) Testing of piping. All piping joints and other connections shall be tested for leaks at time of installation using a soap solution or other equivalent product suitable for use in testing carbon dioxide beverage dispensing system piping.

      (D) Dispenser regulators. Soda carbonation dispensers shall be designed to fail in the closed position.

      (E) Approved alarm system. The carbon dioxide detection and alarm system shall be listed and labeled by a nationally recognized testing laboratory when such devices become commercially available.

      (F) Central unit panel location. The central unit panel shall be installed in a location that is constantly attended and/or readily accessible in the event of activation of the carbon dioxide detection and alarm system. The central unit panel shall not be installed in the same room or area as the carbon dioxide storage container installation or in a below-grade location that would potentially expose a person accessing the central unit panel to a carbon dioxide leak.

      (G) Protection of power supply. Any carbon dioxide detection and alarm system components supplied with electrical power from a wall receptacle (outlet) shall be protected against interruption of power supply by a plug lock, strap or other means of preventing the plug from being accidentally disconnected.

   (3) Outdoor storage containers. Carbon dioxide storage containers for carbon dioxide beverage dispensing systems may be installed outdoors with prior Department approval. Application for approval of the installation shall be made to the Technology Management Unit of the Bureau of Fire Prevention, and shall include a site diagram and photographs showing the proposed location of the installation, distances to all building entrances, openings and lot lines, below-grade areas (including manholes), adjoining property uses, security measures, and such other information and documentation as the Department may require.

  1. Operational and Maintenance Requirements. Carbon dioxide beverage dispensing systems shall be operated and maintained in accordance with IFC Section 5307, NFPA Standard 55, and any other applicable standards, as set forth in R3004.01(b)(1), and in compliance with the following additional safety requirements:

   (1) Signage.

      (A) Manufacturer’s warning/instruction sign. A sign shall be posted adjacent to any carbon dioxide detection and alarm system central unit panel and each visual or auditory alarm notification device, setting forth warnings and instructions about alarm modes and, as applicable, supervisory signals and/or other information.

      (B) Carbon dioxide warning sign. A warning sign shall be conspicuously posted at the entrance to the room or area containing the storage containers indicating the presence of carbon dioxide and the danger of asphyxiation. In lieu of the language set forth in Section 13.6.3.1 of NFPA Standard 55, the warning sign shall read as set forth below. Alternative warning signs containing substantially similar information may be posted if approved by the Department:

“WARNING – CARBON DIOXIDE GAS INSTALLATION – ASPHYXIATION DANGERA high carbon dioxide (CO
2 ) gas concentration in this area can cause suffocation.DO NOT ENTER ROOM/EVACUATE THE AREA:∙ if the CO2 alarm indicates an immediate threat to life or safety. or∙ if there is reason to believe there is a CO2 leak and there is no functioning CO2 alarm.CALL NEW YORK CITY 911 IMMEDIATELY.”

   (2) Periodic quick check of system. A quick check of the carbon dioxide beverage dispensing system shall be conducted by the certificate of fitness holder each time the carbon dioxide container is filled, if feasible, but in any event not less than once every three months. The quick check shall consist of a visual inspection of:

      (A) the pressure gauge on the storage container(s), to confirm that the pressure of the liquid carbon dioxide is within normal range;

      (B) system components, to detect any sign of physical damage, frost build-up on the regulator or other visible evidence of component malfunction;

      (C) any central unit panel of the carbon dioxide detection and alarm system, to confirm that the system is powered and operating properly, as well as to check for any system faults and activate any system test, including any test of alarm modes;

      (D) the required warning sign, to confirm that it is posted, legible and not obstructed; and

      (E) the room or area in which the carbon dioxide storage container(s) is installed, to confirm that there are no obvious unsafe conditions, such as storage of items on or against the container(s) or piping.

   (3) Annual inspection. A full inspection of the carbon dioxide beverage dispensing system shall be conducted by a certificate of fitness holder at least once a year. All containers, vent, fill and dispenser piping, and other system components shall be inspected for damage or signs of wear. Any components not in good working order shall be repaired or replaced. Piping or other components that are not accessible for visual inspection shall be checked for pressure loss or other signs of deterioration, and replaced if there is evidence of deterioration in that piping or in other piping that was installed at or about the same time and is accessible for visual inspection.

   (4) User safety training. At time of installation of a carbon dioxide beverage dispensing system, and at least once a year thereafter, the installer or other certificate of fitness holder associated with the company servicing the carbon dioxide beverage dispensing system shall verbally and in writing communicate the following carbon dioxide safety information to the owner and/or other responsible persons at the premises, to ensure that they are aware of the hazards associated with the system and understand how to safely operate and monitor the system:

      (A) Asphyxiation and extreme temperature hazards associated with carbon dioxide release;

      (B) Identification of each of the carbon dioxide beverage dispensing system components, including fill box, piping, containers, central unit panel, and visual and audible alarm notification devices, and a basic description of system operation;

      (C) Importance of keeping system components free from physical damage or obstruction, including damage or obstruction from stored items;

      (D) Importance of immediately reporting to the certificate of fitness holder any damage to, or malfunction of, the system and ensuring that the system is inspected, and if necessary, repaired, on an expedited basis; and

      (E) Importance of immediately reporting and acting upon any release of carbon dioxide as set forth in R3004-01(d)(5).

   (5) Notification of carbon dioxide leak. Upon activation of the carbon dioxide beverage dispensing detection and alarm system indicating an immediate threat to life or safety, or a release of carbon dioxide from the beverage dispensing system in a location without a functioning carbon dioxide detection and alarm system, the following steps must be taken:

      (A) Immediately report the emergency to New York City 911;

      (B) Keep all persons away from the carbon dioxide installation and evacuate the area;

      (C) Notify the certificate of fitness holder;

      (D) Discontinue use of the carbon dioxide beverage dispensing system until a qualified installer has certified that it has been restored to good working order, by completing an affidavit pursuant to R3004.01(b)(4).

  1. Recordkeeping. The owner or certificate of fitness holder shall maintain on the premises in accordance with FC107 the following documentation:

   (1) A copy of the Installer’s Affidavit for new and altered systems, as set forth in R3004.01(b)(4);

   (2) A copy of the Installer’s Affidavit for any emergency alarm activation/ carbon dioxide release;

   (3) A tag or other record of each quick check and annual inspection indicating:

      (A) The date of the inspection;

      (B) Whether the system is in good working order, and, if not, any conditions that require correction, and, if so, the date the condition was corrected and by whom; and

      (C) The name and certificate number of the certificate of fitness holder who performed the inspection;

   (4) The names and titles of the responsible person(s) at the premises trained in the use of the system; and

   (5) A copy of the manufacturer’s manual for the carbon dioxide beverage dispensing system.

§ 3004-02 Anhydrous Ammonia.

(a) Scope. This section sets forth the design, installation, operation and maintenance requirements for the storage, handling and use of anhydrous ammonia.
  1. General Provisions. Anhydrous ammonia containers and systems shall be designed, installed, operated and maintained in compliance with the requirements of FC Chapter 30, this section, and as to matters not specifically set forth in the Fire Code or this section, Compressed Gas Association’s Standard G-2 (8th edition). The provisions of this section shall not apply to the storage, handling and use of anhydrous ammonia in any refrigerating system.

Chapter 34: Flammable and Combustible Liquids

§ 3404-01 Out-of-Service Storage Systems.

(a) Scope. This section sets forth requirements for out-of-service storage systems for gasoline, diesel, fuel oil and other flammable or combustible liquids that are not in use for 30 days or more, except when such systems are used for seasonal or standby storage and are not otherwise permanently out of service.
  1. Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:

   Permanently out-of-service storage systems. Storage systems that are no longer to be used for storing gasoline, diesel, fuel oil or other flammable or combustible liquids or that have not been used for one (1) year or more. The Department may deem a storage system permanently out of service and require that it be closed accordingly where it has not been closed and maintained as a temporarily out-of-service storage system and the circumstances of an actual or anticipated change in use or occupancy of the premises at which the storage system is located indicate that any further use of such storage system cannot be reasonably anticipated.

   Temporarily out-of-service storage systems. Storage systems for gasoline, diesel, fuel oil or other flammable or combustible liquids that have not been used for 30 days or more, but less than one (1) year.

  1. Temporarily Out-of-Service Storage Systems.

   (1) Supervision.

      (A) For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.

      (B) For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.

      (C) For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.

   (2) Affidavit of compliance. The owner or operator of a temporarily out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system has been safeguarded in compliance with the requirements of FC Chapter 34 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.

   (3) Permits and testing.

      (A) All storage systems which have been rendered temporarily out of service shall continue to be subject to the Department’s permit and testing requirements and the registration, reporting, inspection and testing regulations of the New York State Department of Environmental Conservation.

      (B) Before a temporarily out-of-service storage system may be restored to service, an affidavit of compliance shall be filed with the Department in accordance with R3404-01(c)(2), certifying the integrity of the tank and piping, and the proper functioning of any leak detection and cathodic protection systems.

  1. Permanently Out-of-Service Storage Systems.

   (1) Supervision.

      (A) For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.

      (B) For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.

      (C) For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.

   (2) Affidavit of compliance. The owner or operator of a permanently out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system was removed and disposed of, or abandoned in place, in compliance with the requirements of FC Chapter 34 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.

   (3) Environmental site assessment. If an environmental site assessment is required by federal or state law or regulations, the owner or operator of the storage system, the permit holder for such system, or the person filing the affidavit of compliance for such system, shall submit to the Department a written statement that such environmental site assessment has been performed in accordance with such law and regulations.

§ 3404-02 Precision Testing of Certain Underground Storage Systems.

(a) Scope. This section sets forth standards, requirements and procedures for precision testing pursuant to FC3404.2.11.6 of underground storage systems for motor fuels or other flammable and combustible liquids when such systems utilize single-walled tanks, or other tanks not provided with a leak detection system meeting Fire Code requirements.
  1. General Provisions.

   (1) Applicability. Precision testing of underground storage systems for motor fuels or other flammable and combustible liquids that utilize single-walled tanks, or other tanks not provided with a leak detection system meeting Fire Code requirements, shall be conducted in compliance with the requirements of FC Chapters 22 and 34 and this section.

   (2) Precision testing standard. Precision testing of underground storage systems shall be conducted in accordance with National Fire Protection Association (NFPA) Standard 329 (2005 edition).

   (3) Supervision.

      (A) Certificate requirements. Precision testing of underground storage systems shall be conducted by a person holding a certificate of license or under the general supervision of a certificate of license holder. Such person shall be trained and knowledgeable in the use of the precision test equipment and procedures for the conduct of the particular precision test. Any person conducting such test under the supervision of a certificate of license holder shall hold a certificate of fitness for such precision test. A separate certificate of fitness shall be obtained for each type of precision test system.

      (B) Presence on premises. The certificate holder conducting the precision test shall remain on the premises while such test is being conducted and until the system has been returned to good working order in accordance with R3402-02(c)(1)(C).

  1. Operational Requirements.

   (1) Administrative requirements.

      (A) Notification of tests. Prior to conducting a precision test of a underground storage system, notification shall be made to the Bureau of Fire Prevention by calling the telephone number designated by the Bulk Fuel Unit. Tests may be witnessed by a Department representative. Tanks located within buildings shall not be tested unless prior Department approval is received.

      (B) Submission of test results. A report of the results of the precision test shall be submitted to the Bulk Fuel Unit of the Bureau of Fire Prevention on an approved form no later than 30 days after conducting the test. Such test report shall include the name and certificate of fitness number of the person who conducted the test, as well as the name and signature of the certificate of license holder under whose supervision the test was conducted.

      (C) Notification of defective storage systems. Underground storage systems shall be returned to service in good working order upon completion of the precision testing. Storage systems determined to be defective shall be removed from service in accordance with applicable laws, rules and regulations. If hazardous material has been released to the environment, notification shall be immediately made to the Department and the New York State Department of Environmental Conservation.

   (2) Testing equipment requirements.

      (A) Only approved precision testing systems shall be used for precision testing of underground storage systems. Such testing systems, including hoses and other devices and components, shall be designed for twice the maximum operating pressures of the pressures generated by the precision test system, and shall be compatible with the hazardous material stored in the tank to be precision tested.

      (B) All testing equipment to be placed in the storage tank, or used in the vicinity of the test area, shall be intrinsically safe or suitable for use in hazardous locations.

      (C) Interlocks shall be provided for all electrical connections to ensure that the system is grounded before power can be supplied.

   (3) Testing procedures.

      (A) The test area shall be cordoned off by portable barricades, signs, rope or tape to prevent unauthorized persons and motor vehicles from entering the area. Signs posted at the barricade perimeter shall be provided to read “NO SMOKING-NO OPEN FLAMES”.

      (B) All sources of ignition, including all motor vehicles, shall be removed from the testing area.

      (C) Approved procedures shall be used in filling tanks and piping for precision testing, to ensure safety and prevent overfilling. Filling of tanks shall only be conducted through approved fill boxes from approved cargo tanks and/or approved safety cans. For purposes of topping off the tank or the test equipment, flammable and combustible liquids shall be drawn from an approved storage system on the premises into an approved safety can not exceeding a capacity of two and one half (21/2) gallons. Flammable and combustible liquids may not be withdrawn from the fuel tanks of motor vehicles.

      (D) To avoid erroneous results, each precision test shall compensate for temperature changes, tank-end deflection, air pockets, water tables and other variables, as set forth in NFPA 329, to avoid erroneous results.

      (E) Tests shall be conducted for the period of time recommended by the manufacturer of the particular precision testing system, or until accurate results can be obtained.

      (F) If test wells must be drilled on the site to locate the water table, the certificate of license holder shall take all necessary steps to ensure that such test wells do not disturb utility infrastructure.

      (G) When underground storage systems storing liquid of varying or unknown coefficients of thermal expansion are to be tested, the liquid shall be removed, the tank cleaned, and the test conducted using a material of similar viscosity and a known coefficient of expansion.

      (H) Power to electrical equipment shall not be turned on until all electrical connections have been made. The connection to the power source shall be the final connection made.

      (I) Precision testing systems shall be arranged such that rain water cannot enter the tank through the tank openings.

  1. Portable Fire Extinguisher Requirements.

   (1) A portable fire extinguisher having at least a 40-B:C rating shall be readily accessible during testing. The maximum travel distance to the fire extinguisher shall be 30 feet and the portable fire extinguisher shall be positioned at a safe location within the testing area.

§ 3404-03 Indoor and Aboveground Combustible Liquid Storage Systems.

(a) Scope. This section sets forth requirements for the design and installation of indoor, aboveground combustible liquid storage systems, except fuel oil storage tanks and auxiliary storage tanks for oil-burning equipment regulated by the Mechanical Code, or to the installation of liquid motor fuel-dispensing storage tanks.
  1. General Provisions. Indoor aboveground combustible liquid storage tanks shall comply with the requirements of FC Chapters 27 and 34 and this section.
  2. Design and Installation Requirements.

   (1) Location of tanks. Combustible liquid storage tanks shall preferably be installed on the floor at grade level. Combustible liquid storage tanks may also be installed on floors not more than two (2) floors below grade level.

   (2) Fire-rated separation of tanks.

      (A) Combustible liquid storage tanks having an individual or aggregate capacity of more than 550 gallons but less than 1,100 gallons in a single control area shall be completely enclosed within noncombustible construction having at least a two (2) hour fire resistance rating.

      (B) Combustible liquid storage tanks having an individual or aggregate capacity of 1,100 gallons or more in a single control area shall be completely enclosed within noncombustible construction having at least a three (3) hour fire resistance rating.

   (3) Sprinkler system protection.

      (A) Any floor below grade level upon which a combustible liquid storage tank is installed shall be protected throughout by a sprinkler system, except that that when the combustible liquid storage tank will only store a combustible liquid with a flash point of 200°F or greater, and the room or area is segregated, vertically and horizontally, from surrounding spaces by a fire separation of not less than two (2) hour fire resistance rating, only the room or area housing such tank need be protected by a sprinkler system.

   (4) Piping systems.

      (A) General requirements.

         (1)Exposed piping shall be protected against mechanical damage and shall be adequately supported with rigid metal fasteners or hangers.

         (2)Only new wrought iron, steel, or brass pipe, or type K or heavier copper tubing shall be used. Metal tubing used as transfer piping shall be adequately protected.

         (3)Overflow pipes, where installed, shall not be smaller in size than the supply pipe.

         (4)Pipe shall be connected with standard components, and tubing with components listed or approved for the same material as the pipe, except that malleable iron fittings may be used with steel pipe. Cast iron fittings shall not be used. All threaded joints and connections shall be made liquid-tight with suitable pipe compound. Unions requiring gaskets or packing, right or left couplings and sweat fittings employing solder having a melting point of less than 1,000°F shall not be used.

      (B) Piping from storage tank to equipment on other floors.

         (1) Piping from a transfer pump to manufacturing, process or other equipment installed on other floors, including combustible liquid return and vent piping, shall comply with the applicable provisions of R3404-03(c)(4) and shall be enclosed in a shaft constructed of four (4) inch concrete or masonry, having a four (4) inch clearance from all pipe or pipe covering, except that no such enclosure shall be required within the room containing the pump, tank, or equipment where such room is itself enclosed with construction and materials having at least a 2-hour fire-resistance rating. Provisions shall be made for expansion in piping without the use of expansion joints.

         (2) Where it is necessary to make horizontal offsets in supply piping, upon exiting the shaft, such piping shall be enclosed in a sleeve of other piping of at least number ten (10) gauge steel, two (2) sizes larger and arranged to drain into the shaft. Horizontal piping offsets shall be further enclosed in construction having a two (2) hour fire resistance rating, except that no such enclosure shall be required within the room containing the pump, tank, o equipment where such room is itself enclosed with construction and materials having at least a 2-hour fire-resistance rating.

         (3) A drain pipe shall be installed at the base of the shaft enclosing the supply and overflow piping. The pipe shall lead to a dedicated sump or container with a capacity of at least 55 gallons. Such sump or container shall be equipped with a leak detection system alarm, arranged so as to sound an alarm and stop the transfer pump. The alarm shall be connected to a local audible alarm and to a remote alarm located at a supervising station. The wiring shall comply with the Electrical Code.

         (4) Piping shall be seamless steel pipe of a weight not less than ASA Schedule 40, with welded connections up to the equipment, except that fittings at the tank or equipment, shutoff valves and other combustible liquid flow and control devices may be screwed or flanged.

         (5) Pipe shafts shall not be penetrated by or contain other piping or ducts.

   (5) Transfer of combustible liquids between floors.

      (A) A clearly identified and readily accessible remote control switch shall be provided on each floor to which combustible liquid is transferred. Such switch, when manually activated, shall cause shut down of the transfer.

      (B) A visual indicating device shall be provided in the discharge area that indicates when the pump is running.

§ 3405-01 Storage and Use of Fuel Oil on Mobile Trailers for Heating and Power Generation.

(a) Scope.

   (1) This section sets forth standards, requirements and procedures for mobile trailers that store and use fuel oil for heating and generation of electrical power.

   (2) A mobile trailer equipped with a boiler, generator, or other equipment used for heating and power generation, upon which ten gallons or less of fuel oil (or no fuel oil) is stored (including within the heating or power generating equipment) is not subject to the provisions of this section. When the heating or power generating equipment on such a mobile trailer is fueled from an off-vehicle temporary fuel tank, the applicable permit requirement is the one for storage of combustible liquids generally (the third listed permit requirement for flammable or combustible liquid fuel set forth in FC105.6), rather than the one applicable to mobile heating and generating trailers.

  1. General Provisions.

   (1) Applicability. Mobile trailers that store and use more than 10 gallons of fuel oil for heating, including steam and hot water, and generation of electrical power, shall be designed, installed and operated in compliance with the requirements of the construction codes and this section.

   (2) Permit. A permit must be obtained for each mobile heating or power generating trailer as follows:

      (A) A citywide permit must be obtained for the transportation, storage, handling and use of combustible liquid on any mobile heating or power generating trailer that will be used at a location for 30 days or less, except as otherwise provided below. Issuance of a citywide permit for a mobile heating or power generating trailer allows the trailer to be parked at any lawful location (subject to any applicable Fire Code or rule restrictions) and to remain overnight at such location.

      (B) A site-specific permit must be obtained for the storage, handling and use of combustible liquid on any mobile heating and power generating trailer that will be used at a location for more than 30 days.

      (C) A site-specific permit must be obtained for the storage, handling and use of combustible liquid on any mobile heating and power generating trailer that will be used at a street fair, bazaar, carnival, concert, festival or similar public outdoor gathering.

   (3) Supervision. While in operation, mobile emergency heating and power generating trailers connected to a high pressure boiler must be under the personal supervision of a person holding a high pressure boiler operating engineer’s license issued by the Department of Buildings.

   (4) Delivery of fuel oil. Only cargo tanks for which a permit has been issued may be used to deliver fuel oil to mobile heating and power generating trailers.

  1. Design and Installation Requirements. Mobile heating and power generating trailers using fuel oil shall be designed and installed in compliance with the following requirements:

   (1) Fuel oil piping systems and boilers shall be designed and installed in compliance with the requirements of the Mechanical Code. The power-generating equipment, and all electrical devices, equipment and systems on the trailer shall be designed and installed in compliance with the requirements of the Building Code and the Electrical Code. Documentation of compliance with such codes shall be submitted to the Department in an approved form.

   (2) Fuel oil storage tanks shall be constructed in accordance with the requirements of the Mechanical Code. No more than 1,200 gallons of fuel oil shall be stored on the trailer. Use of a mobile trailer with a fuel storage tank with a maximum fuel storage capacity exceeding 1,200 gallons may be authorized by the Department. The owner or operator of the mobile trailer shall first make application to the Technology Management Unit of the Bureau of Fire Prevention for review of the design of the mobile trailer, tank installation and/or heating or power-generating equipment or system and any other relevant considerations, and approval of its use. The Department may approve use of such a non-conforming mobile trailer subject to such terms and conditions as it may deem necessary and appropriate given the mobile trailer’s excess fuel storage capacity, including requiring a site-specific permit, irrespective of the provisions of R3405-01(b)(2).

   (3) A clearly identified and readily accessible remote control shut-down switch for the oil burning equipment shall be provided inside the trailer, immediately accessible upon entry.

   (4) The chassis shall be designed and constructed to support the total load supported by the trailer, including all heating or power generating equipment. The Department may require a letter from the chassis manufacturer confirming such design capacity.

   (5) Fuel oil storage tanks shall be provided with secondary containment of liquid-tight construction. Such containment shall be constructed of metal, and have a capacity of not less than the maximum capacity of the fuel oil storage tanks.

   (6) Signs shall be posted on both sides of the trailer that read: “Mobile Heating Trailer” or “Mobile Power Generator”, as applicable, in six (6) inch letters, and bear the name and address of the owner in two (2) inch letters.

   (7) The trailer and equipment shall be electrically grounded in an approved manner.

   (8) Each fuel oil storage tank fill line shall be provided with both a shut-off valve and a check valve.

   (9) Department of Buildings permits or other approvals shall be posted at a conspicuous location inside the trailer.

§ 3405-02 Storage, Handling and Use of Concentrated Alcohol-Based Hand Rubs. [Repealed]

(a) Scope. This section sets forth requirements for storage and use of flammable and combustible liquids on roofs at construction sites.
  1. Storage Requirements. Where flammable or combustible liquids in use at a construction site are not removed from the job site at the end of the workday they shall be stored in a metal flammable liquid storage cabinet when not in use. Flammable or combustible liquids may be stored on a roof in connection with work on a roof in a quantity not to exceed one (1) day’s supply, but in no case more than 20 gallons.

Chapter 35: Flammable Gases

§ 3501-01 Acetylene. [Repealed]

(a) Scope. This section sets forth standards, requirements and procedures applicable to the storage, handling and use of CNG. This section shall not apply to the following operations:

   (1) the storage and use of CNG in a non-production chemical laboratory, the requirements for which are subject to the provisions of FC2706.

   (2) the storage and filling of containers with CNG for use as a fuel in motor vehicles and other approved purposes, the requirements for which are subject to the provisions of FC2208.

   (3) the storage and use of CNG in connection with special effects, the requirements for which are set forth in FC3309 and the rules.

   (4) the transportation of CNG, the requirements for which are set forth in FC2707.

  1. General Provisions.

   (1) General CNG requirements. The provisions of this section shall be applicable to all CNG materials, operations and/or facilities as follows:

      (A) All CNG storage, handling and use governed by this section shall comply with the design and installation document, permit, supervision, and general storage, handling and use requirements set forth in R3508-01(c), (d), (e) and (f).

      (B) Outdoor and indoor CNG storage shall be in facilities that comply with the requirements for such facilities set forth in R3508-01(g) and (h).

      (C) Stationary CNG installations shall comply with the requirements for such installations set forth in R3508-01(i).

      (D) CNG storage, handling and use for the special applications set forth in R3508-01(j) (on construction sites, for emergency indoor repairs, for manhole operations, on motor vehicles, for mobile cooking uses, in commercial establishments, on moored vessels, torches used in the manufacture of jewelry, and use of CNG for emergency oil burner ignition) shall additionally comply with the applicable requirements of R3508-01(j).

   (2) Special CNG authorizations. This section authorizes the following storage, handling and/or use of CNG that is prohibited by FC3508.3 except as authorized by the Commissioner:

      (A) storage, handling and use of CNG below grade for emergency indoor repairs, as set forth in R3508-01(j);

      (B) storage, handling and use in, and bringing or allowing into, residential occupancies or on lots containing a building used for a residential occupancy, of CNG containers with a capacity greater than 8.7 SCF, as set forth in R3508-01(j);

      (C) storage, handling and use in, and bringing or allowing into, any non-residential building, of CNG containers with a capacity greater than 8.7 SCF, as set forth in R3508-01(h) and (j);

      (D) handling and use on the roof of any building of CNG containers with a capacity greater than 8.7 SCF, as set forth in R3508-01(j);

      (E) storage, handling or use of CNG for stationary CNG installations in any area where access to piped natural gas from a public utility is available, as set forth in R3508-01(j);

      (F) storage, handling and use of CNG for space heating or water heating, as set forth in R3508-01(j); and

      (G) use of nonmetallic pipe, tubing and components for devices, equipment and systems utilizing CNG, as set forth in R3508-01(j).

  1. Design and Installation Documents.

   (1) When required. All CNG indoor and outdoor storage facilities shall be in facilities approved by the Department. All CNG storage, handling and use for stationary CNG installations shall be for installations approved by the Department. Design and installation documents for such storage facilities and stationary installations shall be submitted to the Department for review and Department approval obtained prior to any CNG storage or use.

   (2) Applications. Applications for design and installation document approval shall be made by or on behalf of the person who will be storing, handling or using the CNG, and submitted to the Bureau of Fire Prevention at Fire Department Headquarters prior to any CNG storage, handling or use. Applications for CNG installations other than on construction sites shall include a copy of the altered building application or other documentation filed with and approved by the Department of Buildings or other agency having jurisdiction over the installation.

   (3) Upon completion of any stationary CNG installation, an affidavit executed by the installer or plumber responsible for the installation certifying that the installation conforms to the requirements of this section and FC Chapter 35 shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters.

  1. Permits.

   (1) When required. A CNG permit shall be obtained from the Department for the storage, handling or use of CNG as set forth in FC105.6.

   (2) Applications. Applications for issuance of a CNG permit shall be made by or on behalf of the person who will be storing, handling or using the CNG. Applications shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters prior to any CNG storage, handling or use.

   (3) Availability of piped natural gas. A CNG permit will not be issued by the Department for a stationary CNG installation located in an area where access to piped natural gas from a public utility is available. Any CNG storage and use pursuant to a permit issued on or after July 1, 2003 for a stationary CNG installation located in an area where access to piped natural gas from a public utility is not available shall be discontinued and all CNG containers removed from the premises within five (5) years of the date such access becomes available, and no such permit shall be renewed beyond such five-year period.

  1. Supervision.

   (1) The storage, handling and use of CNG shall be supervised as set forth in FC3501.4.2 and this section.

   (2) The connecting and disconnecting CNG containers with a capacity greater than 8.7 SCF shall be performed by a person holding a certificate of fitness. When such connecting and disconnecting is performed by a CNG supplier or distributor, a card or tag shall be conspicuously posted at the premises identifying the name and address of the supplier or distributor, the name of the certificate of fitness holder, and the number and expiration date of the certificate of fitness.

  1. General Storage, Handling and Use Requirements.

   (1) All devices, equipment and systems used for the storage or use of CNG shall be approved or listed by a nationally recognized testing laboratory.

   (2) All devices, equipment and systems used for the storage or use of CNG shall be maintained and operated in accordance with the manufacturer’s specifications.

   (3) Only metallic pipe, tubing and components shall be used for CNG installations, appliances and equipment, except as provided in R3508-01(j)(2)(E), (j)(3)(B), (j)(4)(D), (j)(7)(D), (j)(9)(H) and (j)(10)(C). Where use of nonmetallic hose is allowed by this section, such hose shall be protected from twisting, abrasion and damage by proper installation and maintenance. Hoses showing any kind of defects, including burns or signs of wear, shall be rendered unsuitable for service and shall be replaced.

   (4) Flexible metallic or nonmetallic hose shall be either:

      (A) stamped by the manufacturer with the maximum allowable working pressure of 350 psig; or

      (B) certified by the manufacturer as suitable for a working pressure of 350 psig.

   (5) CNG containers shall be stored in an upright position and secured to prevent movement.

   (6) CNG containers shall not be stored on shelves.

   (7) All connection and disconnection of CNG containers for use shall be performed outdoors, except as otherwise authorized by this section. Where CNG use is allowed indoors, all connection and disconnection of CNG containers shall be performed in a well-ventilated area.

   (8) CNG containers connected for use shall be adequately supported and braced.

   (9) CNG containers connected for use shall be placed on a firm and noncombustible foundation.

   (10) CNG devices, equipment and systems shall be maintained at all times in a gas-tight condition. Any appliance, equipment or component which is not in a gas-tight condition shall be removed from use and promptly repaired or lawfully disposed of.

   (11) Each time a connection is made to a CNG container, or a leak is suspected, the connection shall be tested by the application of a soap solution or its equivalent to joints, valves and fittings. Open flames shall not be used to test connections for leaks.

   (12) CNG containers shall be protected at all times from the effects of weather and physical damage.

   (13) CNG shall be stored and used only if all safety devices on the equipment and systems are in good working order. Such devices shall not be disconnected or defeated. Any appliance or equipment with a safety device that is not in good working order shall be removed from use and promptly repaired, or lawfully disposed of.

   (14) Any empty CNG container that at any time previously has been filled with CNG shall be treated as though it contains CNG, and shall be stored and used in the same manner as a full CNG container, including storage in a storage facility in accordance with this section. Damaged or otherwise unusable CNG containers shall be promptly removed from the premises and lawfully disposed of.

   (15) Warning signs complying with the OSHA requirements, as set forth in Section 1910.145(D) of Part 1910 of Title 29 of the Code of Federal Regulations, shall be conspicuously posted at each CNG installation, storage location or use site. Such signs shall be at least ten (10) inches by fourteen (14) inches in size and shall bear the wording “DANGER – FLAMMABLE GAS – KEEP FIRE OR FLAME AWAY – NO SMOKING” in lettering at least two (2) inches high. The word “Danger” shall be in white on a red oval bordered in white which shall be on a black background at the upper part of the sign. The other required wording shall be in black on a white background in the lower part of the sign.

   (16) A CNG container shall not be moved unless the container’s valves are closed, except when the container is mounted on a motor vehicle for use as a fuel for motive power.

   (17) CNG containers shall not be rolled or dragged on their side or rims. CNG containers shall only be moved by lifting and lowering, by hand or with equipment designed for such purposes.

   (18) CNG containers shall not be dropped or thrown from any height.

  1. Outdoor Storage Facilities.

   (1) Except as otherwise provided in this section, all CNG containers shall be stored outdoors in a facility that conforms to the requirements of this section. In addition to complying with the requirements of FC 2703.12 and 3504.2, Table 3504.2.1, all outdoor CNG container storage facilities shall be:

      (A) not more than 54 square feet in area;

      (B) protected from vehicle impact;

      (C) protected from theft, tampering or unauthorized use by a metal open fence enclosure at least six (6) feet in height, and secured by a locked gate opening outward or a lockable ventilated metal locker of a type acceptable to the Department. Such fence enclosure or locker shall be mounted on and secured to a substantial concrete pad at grade level, which pad shall be constructed to prevent accumulation of rain and snow;

      (D) located in a well ventilated area;

      (E) directly accessible from the street. CNG containers being delivered to or taken from an outdoor storage location shall not be brought into or through any building or other structure; and

      (F) provided with a portable fire extinguisher with at least a 10-B:C rating. Such portable fire extinguisher shall be located in a protective enclosure and affixed to the outside of the storage facility or placed at another readily accessible location not more than 30 feet from the facility.

   (2) No more than 2,500 SCF of CNG shall be stored in a pre-existing outdoor CNG storage facility unless such facility complies with the current Fire Code and rule requirements.

   (3) No outdoor CNG storage facility shall be located on a lot containing any building used for residential purposes.

   (4) No outdoor CNG storage facility shall be located within:

      (A) ten (10) feet of the nearest lot line, sidewalk or building on an adjoining lot, except as follows: (1)  no outdoor CNG storage facility shall be located within 50 feet from any building occupied as a multiple dwelling; and (2)  no outdoor CNG storage facility shall be located within 100 feet of the lot line of any property occupied for educational, health care or religious purposes;

      (B) ten (10) feet of any authorized parking for motor vehicles;

      (C) ten (10) feet of any combustible material;

      (D) 15 feet of any vent or fill line of any flammable liquid or combustible liquid storage tank; and

      (E) 20 feet of any aboveground flammable liquid or combustible liquid storage tank.

  1. Indoor CNG Storage.

   (1) Except as provided in R3508-01(j), indoor storage of any CNG container with a capacity greater than 8.7 SCF of gas is prohibited in any residential occupancy and in any building where an outdoor storage location for such CNG container is available.

   (2) All indoor storage of CNG containers authorized by this section shall be stored in a separate room that conforms to the requirements of this section. Any such room shall be:

      (A) constructed in compliance with the Construction Codes, including the Building Code;

      (B) constructed of walls, floors and ceilings having at least a two (2) hour fire resistance rating;

      (C) constructed with an access door that opens directly to the outdoors;

      (D) used for no other purpose; and

      (E) provided with a portable fire extinguisher with at least a 10-B:C rating. Such portable fire extinguisher shall be affixed to the outside of the storage room or placed at another readily accessible location not more than 30 feet from the room entrance.

   (3) No such room shall:

      (A) be located at the property line adjoining a multiple dwelling, building occupied for educational, health care or religious purposes, place of public assembly, or other place of public gathering; and

      (B) have ventilation openings located within five (5) feet of any building opening, including any doors, openable windows and intake and exhaust vents.

   (4) All delivery and pick-up of containers to or from an indoor CNG storage facility shall be through the outdoors access door only, not through the building.

  1. Stationary CNG Installations. In addition to complying with the requirements of FC 2703.12 and 3504.2, and FC Table 3504.2.1, stationary CNG installations shall comply with the following requirements:

   (1) All CNG containers connected for use in a stationary installation shall be stored outdoors.

   (2) A single, accessible, outdoor, safely-located, and conspicuously-marked shutoff valve shall be provided wherever CNG piping enters a building or structure.

   (3) A single, accessible, safely-located and conspicuously-marked shutoff valve shall be provided for each appliance connected to a CNG container.

   (4) All new and repaired CNG piping shall be tested at one and one half (11/2) times normal working pressure but not less than three (3) pound per square inch gauge, using air or inert gas. There shall be no drop in the shut-in pressure for a period of 30 minutes.

   (5) When CNG is piped indoors, a sign at least ten (10) inches high and fourteen (14) inches wide shall be conspicuously posted at the entrance to the building and shall bear the wording “Danger-Piped Compressed Natural Gas.”

   (6) Metal pipe straps and hangers shall be suitable for the size of pipe and of such strength and quality that the piping cannot be accidentally dislodged. Spacing of hangers shall not exceed six (6) feet for one-half (1/2) inch pipe, eight (8) feet for three quarter (3/4) and one (1) inch pipe, and ten (10) feet for one and one quarter (11/4) inch or larger pipe.

   (7) No CNG container connected for use shall be located within:

      (A) 50 feet from any building occupied as a multiple dwelling;

      (B) 100 feet of the lot line of any property occupied for educational, health care or religious purposes;

      (C) ten (10) feet of any combustible material; and

      (D) 20 feet of any aboveground flammable liquid or combustible liquid storage tank.

   (8) A portable fire extinguisher with at least a 10-B:C rating shall be provided whenever CNG is connected for use. The maximum travel distance to the portable fire extinguisher shall be 30 feet from the work location.

  1. Special Storage and Use Requirements.

   (1) All storage or use of CNG for the applications set forth in R3508-01(j) shall be in compliance with the respective requirements of R3508-01(j), in addition to the requirements set forth in R3508-01(c), (d), (e), (f) and (i).

   (2) Construction sites.

      (A) A site-specific permit shall be obtained for CNG storage, handling and use on a construction site, except that a citywide CNG permit may be obtained for tar kettle, asphalt melter and torch operations where no reserve storage is needed and CNG containers are removed from the site at the end of each workday, and the construction work requiring CNG use is to be completed within 30 days of commencement.

      (B) Except as provided in R3508-01(j)(2)(D), all CNG for use on construction sites shall be stored in outdoor storage facilities that comply with the requirements of R3508-01(g)(1)(B), (g)(1)(C) and (g)(1)(D). No construction site storage facility shall: (1)  have a capacity exceeding 21,250 SCF of CNG in any single facility or a total capacity at any construction site of 42,500 SCF of CNG; (2)  be within 50 feet of any CNG or other flammable gas storage facility; (3)  be within 25 feet of the building under construction; (4)  be within 50 feet of any aboveground flammable liquid or combustible liquid storage tank; (5)  be within 50 feet of any combustible material; (6)  be within 50 feet of any building occupied as a multiple dwelling; (7)  be within 100 feet of any subway entrance, exit, vent or other opening; and (8)  be within 100 feet of the lot line of any property occupied for educational, health care or religious purposes, place of public assembly, or other place of public gathering.

      (C) Each construction site storage facility shall be provided with a portable fire extinguisher with at least a 40-B:C rating. Such portable fire extinguisher shall be kept outside of the storage facility or placed at another readily accessible location not more than 30 feet from the facility.

      (D) CNG containers may be stored inside an unoccupied building under construction where no allowable outdoor location is available, provided that such containers are stored on the ground floor at a location acceptable to the Department that is as far as possible but in no event less than ten (10) feet from any flue, stairwell, or elevator shaft, and the amount of CNG so stored is acceptable to the Department but in no event exceeds a total of 10,625 SCF of CNG. CNG containers may be stored at one additional location on the ground floor of the same building if a minimum separation distance of 70 feet between storage locations can be provided and maintained. The amount of CNG stored at such additional location shall not exceed 10,625 SCF of CNG.

      (E) Pursuant to FC3508.3(14) and R3508-01(b)(2)(G), nonmetallic hose may be used at a construction site where:

         (1) The construction activity does not allow use of stationary CNG devices, equipment or systems, necessitating a flexible connection between such device, equipment or system and the CNG container;

         (2) The length of the hose does not exceed 30 feet;

         (3) The hose is fabricated of materials that are designed for use with CNG; and

         (4) The hose is color-coded red.

      (F) Tar kettle and torch operations.

         (1) The use of CNG-fueled tar kettles shall be under the personal supervision of a certificate of fitness holder.

         (2) All torch operations shall be performed by a certificate of fitness holder.

         (3) It shall be unlawful for any person to operate, maintain or use a kindled tar kettle or torch in or on the roof of any building, except that torches may be used for emergency indoor repairs in accordance with R3508-01(j)(3), and may be used on the roof of any building having a roof of noncombustible construction.

         (4) Fire guards shall be on continuous duty during all torch operations on the roof of a building. There shall be one fire guard on the roof for each torch operator, and there shall be at least one fire guard on the floor or level below the torch operation. Such fire guards shall not be assigned any duties other than to remain alert and guard against fire, and shall be alert to sparks, the transmission of heat, and the potential ignition of combustible material. Such fire guards shall be responsible for ensuring that fire extinguishing equipment is readily accessible from the time torch operations are commenced until an hour after such operations are completed.

         (5) A fire guard shall inspect all areas exposed to the effects of torch operations after the completion of torch operations for the purpose of detecting fires. The first inspection shall be conducted one-half hour after completion of torch operations; the second inspection one hour after completion of torch operations. The fire guard shall prepare and sign an inspection report confirming the safe condition of the premises. Such report shall be submitted to and retained by the person in charge of the torch operations.

         (6) A portable fire extinguisher with at least a 2-A:20-B:C rating shall be provided for each torch operation.

         (7) All movement of CNG containers within a building shall be performed in the following manner:

            (a) CNG containers at all times shall be moved under the personal supervision of a certificate of fitness holder. At no time shall the containers be left unattended.

            (b) CNG containers shall be moved to another floor of the building only by freight elevator, construction elevator, or passenger elevator when approved, and such elevator shall be occupied only by those persons engaged in moving the containers. CNG containers may be moved in building stairwells if such stairwells are unoccupied.

      (G) Asphalt melters.

         (1) CNG-fueled asphalt melters shall be stored, handled, used and maintained in the same manner as LPG-fueled tar kettles, including the provisions of FC303 and R3508-01(j)(2)(F).

      (H) Curing and drying applications.

         (1) The use of CNG for curing concrete, drying plaster and similar applications shall be prohibited in any occupied building, any location within 50 feet of an occupied building, and any location within 100 feet of the lot line of any property occupied for educational, health care or religious purposes, a place of public assembly, or other place of public gathering.

         (2) The use of CNG for curing concrete, drying plaster and similar applications shall be under the personal supervision of a certificate of fitness holder. The certificate of fitness holder shall inspect the area where CNG containers and heaters are in use on not less than an hourly basis. The results of each inspection shall be recorded in a log book which shall be maintained on the premises and made available for inspection by any Department representative.

         (3) Heaters used for curing concrete, drying plaster and similar applications shall be placed at least six (6) feet from any CNG container or combustible material, and ten (10) feet from any tarpaulin cover. Such heaters shall only be used in a well-ventilated area and shall not be placed on unprotected wood flooring.

         (4) Pursuant to FC3508.3(14) and R3508-01(b)(2)(G) nonmetallic hose may be used at a construction site where flexibility is required for such operation, provided that:

            (a) The length of the hose is as short as practicable, but in no circumstance exceeds 30 feet;

            (b) The hose is fabricated of materials that are designed for use with CNG; and

            (c) The hose is color-coded red.

         (5) The total capacity of CNG containers shall not exceed 2,500 SCF when used in manifold to serve a heater.

         (6) CNG/heater assemblies shall be provided with a portable fire extinguisher with at least a 20-B:C rating located not more than 30 feet away. A travel distance of up to 50 feet is allowed if a portable fire extinguisher with at least a 40-B:C rating is provided.

   (3) Emergency indoor repairs.

      (A) Pursuant to FC3508.3(6) and (7) and R3508-01(b)(2)(B) and (C), CNG equipment and containers may be used indoors, except in an occupied place of public assembly, for the purpose of performing emergency repairs. Such CNG use shall be subject to the following requirements:

         (1) CNG use at the work site shall be limited to two (2) CNG containers, each with a capacity not greater than 170 SCF of gas;

         (2) CNG containers with a capacity greater than 8.7 SCF shall not be left unattended;

         (3) All CNG use shall be under the personal supervision of a certificate of fitness holder; and

         (4) All CNG containers shall be removed from inside the building at the end of the work day.

      (B) Pursuant to FC3508.3(14) and R3508-01(b)(2)(G), flexible nonmetallic hose may be used for emergency indoor repairs where the nature of the repair work requires a flexible connection between the device, equipment or system and the CNG container, provided that:

         (1) The length of the hose does not exceed six (6) feet;

         (2) The hose is fabricated of materials that are designed for use with CNG; and

         (3) The hose is color-coded red.

      (C) Pursuant to FC3508.3(3) and R3508-01(b)(2)(A), a single CNG container with a capacity not greater than 8.7 SCF may be used below grade for emergency indoor repairs provided the container is not left unattended.

   (4) Manhole operations.

      (A) CNG containers and heaters shall not be brought into manholes or located within six (6) feet of manhole openings. CNG torches may be operated in manholes provided such operation is in compliance with OSHA requirements.

      (B) CNG storage, handling and use at each manhole work site shall be limited to two (2) CNG containers, each with a capacity not greater than 285 SCF. Such CNG containers shall be removed from the work site at the end of each work day unless they are stored in a tool cart that:

         (1) is constructed of steel;

         (2) has a door at least one quarter inch thick that is locked at all times;

         (3) has not less than 100 square inches of fixed ventilation at the top with a suitable screen as a flash arrestor;

         (4) has six-inch placards bearing United States Department of Transportation designation “1971” permanently affixed to two opposite exterior sides of the tool cart;

         (5) has “No Smoking” signs permanently affixed to the tool cart in a conspicuous location;

         (6) has the CNG containers positioned within the cart such that container shut-off valves are unobstructed and readily accessible; and

         (7) is situated outdoors and is not located within the distances set forth in R3508-01(g)(4), except that R3508-01(g)(4)(B) and (g)(4)(C) shall not apply.

      (C) All CNG use shall be under the personal supervision of a certificate of fitness holder.

      (D) Pursuant to FC3508.3(14) and R3508-01(b)(2)(G), nonmetallic hose may be used for manhole operations where the task does not allow use of a stationary CNG appliance, necessitating a flexible connection between the appliance and the CNG container, provided that:

         (1) The length of the hose does not exceed 30 feet;

         (2) The hose is fabricated of materials that are designed for use with CNG; and

         (3) The hose is color-coded red.

   (5) Motor vehicles equipped with CNG containers.

      (A) Motor vehicles equipped with CNG containers for use on the motor vehicle shall not be left unattended on any street, highway, avenue or alley; in any congested area; within 50 feet of the property line of any multiple dwelling, building occupied for educational, health care or religious purposes, place of public assembly, or any other place of public gathering; or within 50 feet of any subway entrance, exit, vent or other opening.

      (B) CNG storage and use on any vehicle for the purpose of marking traffic lanes shall be limited to a total capacity not exceeding 3,400 SCF.

      (C) CNG containers in motor vehicles (other than for use as a motor fuel) shall be installed in compliance with the requirements of NFPA 58 applicable to such installations. The references to LPG in NFPA 58 shall be deemed to refer to CNG.

      (D) Forklifts, tractors and similar powered industrial trucks equipped with CNG containers shall comply with the following requirements:

         (1) CNG storage and use on such vehicles and devices shall be limited to one (1) container with a capacity not greater than 340 SCF.

         (2) All such powered industrial trucks shall be stored and used in locations with adequate ventilation.

         (3) Such powered industrial trucks shall be parked, and the CNG containers connected or disconnected, a safe distance, not less than 25 away, from open flames or other heat or ignition sources, open pits, underground entrances, elevator shafts, or other hazardous conditions.

         (4) Every powered industrial truck shall be provided with a portable fire extinguisher with at least a 2-B:C rating.

   (6) Mobile cooking uses. Mobile food units, as that term is defined in the New York City Health Code, 24 RCNY Health Code § 89.01(c) (including but not limited to motor vehicles, pushcarts and stands), that are equipped with CNG containers for cooking purposes shall comply with the following requirements:

      (A) CNG storage and use shall be limited to two (2) CNG containers on all types of mobile food units. CNG containers on mobile food units that are not motor vehicles shall have a container capacity of not more than 170 SCF.

      (B) No flammable liquid or combustible liquid shall be used for cooking or any other purpose on any mobile food unit.

      (C) CNG containers in mobile food units that are motor vehicles (other than for use as a motor fuel) shall be installed in compliance with the requirements of NFPA 58 applicable to such installations. The references to LPG in NFPA 58 shall be deemed to refer to CNG.

      (D) No mobile food unit shall store or use CNG for cooking or any other purpose within:

         (1) two (2) feet of any combustible material;

         (2) two (2) feet of any building, except that no mobile food unit shall store or use CNG for cooking or any other purpose within:

            (a) five (5) feet of any below-grade building opening, including any door, openable window or intake or exhaust vent;

            (b) ten (10) feet of any building of wood frame construction;

            (c) 20 feet of any building entrance; or

            (d) ten (10) feet of any building occupied as a multiple dwelling, or any building occupied for educational, health care or religious purposes, a place of public assembly, or other place of public gathering;

         (3) five (5) feet of any flammable gas storage, including another mobile food unit equipped with CNG containers;

         (4) five (5) feet of any subway vent or other opening, except a subway entrance or exit;

         (5) ten (10) feet of any subway entrance or exit; and

         (6) ten (10) feet of any vent or fill line of any flammable liquid storage tank.

      (E) All mobile food units that are motor vehicles shall also comply with the restrictions applicable to vehicles equipped with CNG containers set forth in R3508-01(j)(5)(A).

      (F) CNG container valves shall be closed when the mobile food unit or its cooking equipment is not in use.

      (G) Each mobile food unit that is a motor vehicle shall be provided with a portable fire extinguisher with at least a 20-B:C rating. Each mobile food unit that is not a motor vehicle shall be provided with a portable fire extinguisher with at least a 2-B:C rating, which shall be mounted on the mobile food unit away from the heat source.

   (7) Commercial establishments. Commercial establishments that store and use CNG containers for oil burner ignition and/or cooking shall comply with the following requirements:

      (A) CNG storage, handling and use shall be limited to CNG containers with a capacity not greater than 8.7 SCF of gas, unless the container is connected for use in a stationary installation.

      (B) All CNG appliances and equipment shall be installed by a plumber.

      (C) Rigid piping shall be used for all connections between CNG devices, equipment and systems and CNG containers.

      (D) Flexible metallic hoses and/or tubing may be used where flexibility is required for commercial oil burner ignition or cooking operations, provided that the hose or tubing is designed for use with CNG, and the length of the hose or tubing does not exceed six (6) feet.

      (E) CNG storage and use for the purposes authorized by R3508-01(j)(7) is subject to the prohibition set forth in FC3508.3(11).

   (8) Moored vessels. Residentially occupied vessels moored in marinas that store and use CNG for space heating and cooking purposes shall comply with the following requirements:

      (A) CNG storage and use shall be limited to a total capacity not exceeding 1,700 SCF.

      (B) All CNG devices, equipment and systems used on such a vessel shall serve only that vessel and no others.

      (C) All CNG devices, equipment and systems shall be installed either by the vessel manufacturer or by a plumber.

   (9) Torches used in the manufacture of jewelry. CNG may be stored and used for torches used in the manufacture of jewelry only in areas where access to piped natural gas from a public utility is not available, and where the manufacturing activity is a lawful use of the premises, as set forth on the Certificate of Occupancy for the premises or otherwise determined by the Department of Buildings. CNG storage and use for such torch operations shall comply with the following requirements:

      (A) CNG storage and use shall be limited to a total capacity not exceeding 381 SCF of gas. The Department will not permit CNG storage or use in any one fire area in excess of this maximum capacity, irrespective of the number of manufacturing enterprises separately engaged in such torch operations within that one fire area.

      (B) Storage and use of oxygen containers in connection with such torch operations shall be limited to a total capacity not exceeding 279 SCF. The Department will not permit oxygen storage or use in any one fire area in excess of this maximum capacity, irrespective of the number of manufacturing enterprises separately engaged in such torch operations within that one fire area.

      (C) All CNG storage and use for torch operations shall be under the personal supervision of a certificate of fitness holder.

      (D) All torches using CNG shall be listed and labeled by a nationally recognized testing laboratory.

      (E) All torch operations shall be performed at a work station with a surface made of, or covered with, a noncombustible material. Each CNG container connected for use shall be secured in an upright position, away from any heat source. The work station area shall be adequately ventilated.

      (F) CNG or oxygen containers shall not be manifolded.

      (G) Where fixed piping is used to pipe CNG or oxygen to the work station, such piping shall be made of either copper or steel, and shall be installed and tested in accordance with the provisions of R3508-01(i)(4) and (i)(6). Piping previously installed in the building for natural gas use shall not be used for CNG or oxygen for such torch operations. A plumber shall certify that the installation is in accordance with the requirements of this section.

      (H) Pursuant to FC3508.3(14) and R3508-01(b)(2)(G), nonmetallic hose may be used for such torch operations where the task does not allow use of stationary CNG devices or equipment, necessitating a flexible connection between the device or equipment and the CNG container, provided that:

         (1) The length of the hose does not exceed six (6) feet;

         (2) The hose is fabricated of materials that are designed for use with CNG, if for CNG connections, and of materials that are designed for use with oxygen, if for oxygen connections; and

         (3) The hose is color-coded red, if for CNG connections, and color-coded green, if for oxygen connections.

      (I) Hoses that are worn or damaged, including those with burn marks, shall be replaced.

      (J) Each person shall operate only one torch at a time and such torch shall not be left unattended while ignited.

      (K) Container valves shall be closed when torches are not in use.

      (L) CNG and oxygen containers not connected for use shall be stored in a designated storage area used only for that purpose. Such storage area shall be well-ventilated, away from heat sources, and at least three (3) feet from any combustible material. CNG and oxygen containers shall be stored separately, either at a distance of not less than 20 feet, or separated by a one-half (1/2) hour fire-rated wall not less than five (5) feet high.

      (M) Smoking shall be prohibited on the premises and “No Smoking” signs shall be permanently affixed in conspicuous locations throughout the premises.

      (N) A portable fire extinguisher with at least a 2-A:20-B:C rating shall be provided for every 2,500 square feet of area.

   (10) Use of CNG for emergency oil burner ignition. Pursuant to FC3508.3(3), (6), (7) and (11), and R3508-01(b)(2)(A), (b)(2)(B), (b)(2)(C) and (b)(2)(E), CNG may be used for mobile emergency heating trailers for a period not to exceed 90 days, or when piped natural gas service is temporarily interrupted, provided that:

      (A) CNG storage and use shall be limited to one (1) container with a capacity not exceeding 170 SCF.

      (B) All CNG piping, tubing and hoses shall be installed by a plumber.

      (C) Pursuant to FC3508.3(14) and R3508-01(b)(2)(G), nonmetallic hose may be used where the task does not allow use of a stationary CNG devices or equipment, necessitating a flexible connection between the device or equipment and the CNG container, provided that:

         (1) The length of the hose does not exceed six (6) feet;

         (2) The hose is fabricated of materials that are designed for use with CNG; and (3)  The hose is color-coded red.

§ 3509-01 Sanitary Landfill Methane Gas Recovery Facilities.

(a) Scope. This section sets forth standards, requirements and procedures for the design, installation, operation and maintenance of methane recovery facilities that recover methane gas from sanitary landfills, process such gas to remove impurities, and/or compress, flare and odorize such gas.
  1. General Provisions.

   (1) Applicable provisions of law. Pursuant to FC3509.1, methane gas recovery facilities at sanitary landfills must be designed, installed, operated and maintained in compliance with the requirements of the Fire Code, this section, the Construction Codes and the Electrical Code.

   (2) Design and installation documents. Design and installation documents for the facility, detailing the methane recovery process and fire protection systems, including a process flow diagram showing all vessels and instrumentation, shall be filed with the Department of Buildings and the Bureau of Fire Prevention, together with supporting information and documentation.

   (3) Supervision. The facility shall be under the continuous personal supervision (on a 24 hour, seven-day-a-week basis), by at least one (1) person holding a certificate of fitness for supervision of sanitary landfill methane recovery facilities, which qualifies the holder to perform or supervise gas compressing, fire alarm maintenance, and operation of a refrigerating system, at a sanitary landfill methane recovery facility.

  1. Design and Installation Requirements.

   (1) Pressure Vessels. Pressure vessels shall be designed to comply with the ASME Boiler and Pressure Vessel Code. Manufacturer ASME data sheets for pressure vessels shall be maintained on the premises and made available for inspection by any Department representative.

   (2) Electrical equipment. Electrical equipment shall comply with the following requirements:

      (A) Electrical equipment within 25 feet of any process equipment shall be explosion-proof, including the control center, electric service, overhead lights, air handling equipment, and the odorant room, if located within such area.

      (B) Electrical instrumentation shall be designed to provide for fail-safe operation.

   (3) Piping systems. Process systems shall comply with the following requirements:

      (A) Design. Except as otherwise provided in this section, the design and installation of piping systems shall comply with ANSI Standard B31.3.

      (B) Types of materials.

         (1) All materials, including gaskets and thread compounds, shall be suitable for the temperatures to which they may be exposed. A materials list shall be prepared and submitted to the Department for review and acceptance.

         (2) Seamless steel pipe shall be used for process and transfer piping containing flammable liquid or flammable gas. Welded pipe may be used if seamless pipe is not available in the size required and if the weld and heat affected zone comply with ANSI Standard B31.3 (impact test) and are non-destructively examined in a manner acceptable to the Department. Notwithstanding the foregoing, plastic piping may be used for low pressure (15 psig or less) service for the wells and gathering lines used for collecting the raw gas from the landfill up to the feed gas inlet to the treatment and process plant.

         (3) Threaded steel pipe shall be at least Schedule 80 but no threaded pipe over 2-inch nominal pipe size shall be used for flammable liquid or flammable gas, and all threaded joints used shall be sealed with tetrafluorethylene (Teflon) tape or equivalent. Larger size threaded plastic piping is allowed when used in low pressure service as specified in R3509-01(c)(3)(B)(2).

         (4) All valves on piping containing flammable gas or liquids or combustible liquids shall be of steel construction

         (5) Gaskets on piping containing flammable gases or flammable liquids shall be of the compressed noncombustible type.

         (6) Piping insulation shall be of a noncombustible material.

      (C) Pipe connections.

         (1) Butt-welded joints shall be used where practicable. Socket welds are permitted on flammable gas or flammable liquid lines for branch pipe connections of less than two (2) inches diameter.

         (2) Expansion or contraction of piping shall be compensated for by use of appropriately designed piping loops or offsets. In addition, appropriately designed expansion joints may be used in piping carrying flammables or combustibles at pressures of 15 psig or less, and in piping carrying other materials at pressures of 100 psig or less.

         (3) All flanges for flammable gas or flammable liquid lines shall be raised face. Flanges and other pipe fittings two (2) inches to eight (8) inches shall be butt welded to the piping, ten (10) inches to 24 inches shall be slip on and welded.

         (4) Shut-off valves and other control valves shall be installed so that their operation will not be affected by icing or other weather conditions.

      (D) Weld certifications.

         (1) Welds of steel process piping shall be made by certified welders, and evidence of their certifications shall be filed with the Department. Piping welders shall be certified to the Department by their employers after qualifying under the ASME Boiler and Pressure Vessel Code, or API Standard 1104-1999.

         (2) Upon completion of the installation, the owner or operator of the facility shall submit to the Bulk Fuel Unit of the Bureau of Fire Prevention an affidavit executed by the manufacturer or installer of the piping system, attesting to the integrity of all welds, including welds pre-fabricated in a piping shop.

   (4) Refrigerating systems. Refrigerating systems, if used, shall utilize a nonflammable refrigerant.

   (5) Emergency shut down of process equipment.

      (A) The process equipment shall be provided with an emergency shut-down system capable of automatic and manual operation. The emergency shut-down system shall initiate upon the following activation:

         (1) Manual activation of the system at the process control center.

         (2) Activation of the fire detection system detectors located in the feed gas engine compressors area, or in other areas as determined by the Department.

      (B) Activation of the emergency shut-down system shall initiate audible and visible alarms at the control center, an audible alarm outside the control center, and a visible alarm at the field alarm panel, followed by automatic shut down of process equipment within two (2) minutes, and depressurization of process piping to 100 psig or less with seven (7) minutes, and to 20 psig or less within twelve (12) minutes. Instrument air compressors are not required to shut down upon activation of the emergency shut-down system.

      (C) One (1) or more emergency shut-down system abort switches may be provided in the control center and/or in the field alarm panel that, when activated within the first two (2) minutes of initiation of the emergency shut-down system, causes an override of the emergency shut-down system. Activation of such abort switch shall not interrupt any required transmission of alarms to central station. Manual activation of the emergency shut-down system shall override any abort switches.

   (6) Alarm systems. Alarm systems shall be designed and installed in compliance with the following requirements:

      (A) Methane gas detection system. A methane gas detection system that initiates audible and visible alarms in the control center at 25% LELshall be provided throughout the facility. Such system shall have an audible alarm outside the control center and a visible alarm on the field alarm panel. The methane gas detection system may be interconnected with the emergency shut-down system when arranged to initiate such shut down if gas detection of 50% LEL is reached. Methane gas detectors shall be provided in the following locations:

         (1) Feed gas compressor areas

         (2) Feed gas intercool areas

         (3) Vacuum compressor areas

         (4) Vacuum module

         (5) H.P. flash module

         (6) Pretreatment module

         (7) Solvent recovery system area

         (8) Such other area as determined by the Department.

      (B) Ultra-violet fire detection system. An ultra-violet fire detection system shall be provided to protect the gas compressor area. The system shall initiate an audible and visible alarm at the control center, and an audible alarm on the field alarm panel. Activation of the fire detection system shall initiate the facility emergency shut-down system and shall transmit a fire alarm to a central station.

      (C) Manual fire alarm systems. At least one (1) manual fire alarm box shall be provided in the control center. At least one (1) additional manual fire alarm box shall be provided within the facility and near the facility entrance, which, if manually activated, shall transmit an alarm to a central station.

      (D) Process alarms. Process alarms for abnormal operating conditions shall be provided.

   (7) Yard hydrant system. The facility shall be provided with a yard hydrant system designed and installed in accordance with the requirements of FC508 and the Building Code. The yard hydrant system shall be designed and installed in compliance with the following requirements:

      (A) Hydrants shall be a type complying with the requirements of the Department of Environmental Protection and have Fire Department approved threads;

      (B) The hydrant system piping shall be a minimum eight (8) inches in diameter;

      (C) Fire Department connections to the hydrant system piping shall be provided at one (1) or more approved locations;

      (D) The system shall be supplied water from a source capable of providing a minimum of 2,500 gpm;

      (E) A hydrant loop grid system shall be provided with block valves at one (1) or more approved locations for emergency and maintenance purposes;

      (F) Hose reels and nozzles shall be provided at one (1) or more approved locations and shall be readily available for use; and

      (G) Where required by the Department, fire water monitors shall be provided at one (1) or more approved locations.

   (8) Fire extinguishing systems. If a fire extinguishing system other than a sprinkler system is installed in an interior motor control room, it shall be of an approved type, and shall comply with FC904 and the Building Code.

   (9) Odorant room.

      (A) A sprinkler system or other approved non-water fire extinguishing system designed and installed in accordance with FC Chapter 9 and the Building Code shall be provided for protection of a gas odorant room.

      (B) A fire detection system shall be provided in the odorant room. Activation of the fire detection system shall cause the gas valves to close gas valves and initiate audible and visible alarms locally and in the control center.

      (C) A flammable gas detection system shall be provided in the odorant room. Activation of the flammable gas detection system shall initiate audible and visible alarms locally and in the control center.

      (D) The odorant room shall be equipped with absorbing or neutralizing equipment to prevent escape of any odorant to the atmosphere.

   (10) Lightning Protection and Grounding.

      (A) The highest structural steel, process vessels and columns shall be provided with lightning protection in accordance with the Electrical Code.

      (B) All process equipment and piping shall be electrically grounded.

   (11) Flammable and combustible liquids. Flammable and combustible liquids, in the gas recovery and treatment system, and in stationary tanks, shall be stored, handled and used in compliance with the requirements of FC Chapter 34 and the rules. Solvents with low flash points and solvents used at a temperature above their flash points may be used only when approved.

   (12) Compressor enclosures. Natural gas compressors shall be located outdoors, except that such compressors may be partially enclosed in light-weight noncombustible construction for protection against the weather, provided such enclosure is open at the top and bottom in an approved manner that provides for adequate ventilation and explosion venting.

   (13) Flaring systems. The design and installation of any flaring system shall be approved.

   (14) Markings. Process, fire protection and other critical piping shall be identified in accordance with FC Chapters 9 and 27.

   (15) Security. A fence constructed of noncombustible material shall be provided around the perimeter of the facility, at least 25 feet away from any process equipment.

   (16) Fire apparatus. At least two (2) means of fire apparatus access shall be provided to the methane gas recovery facility.

   (17) Space heating systems. Only hot water space heating systems may be installed within the facility. The location of any space heating plant shall be approved.

  1. Operational and Maintenance Requirements.

   (1) Reporting of alarms. Initiation of the emergency shut-down system, whether manually or automatically activated, shall be followed by a telephone call from the control center to the Department.

   (2) Operator response to alarms.

      (A) Upon activation of the emergency shut-down system, the lube oil pumps for the feed-gas engine compressors and refrigerating system compressors shall also be manually shut down as necessary to ensure the safe operation of the facility.

      (B) The emergency shut-down system abort switch authorized by R3509-01(c)(5)(C) may be activated only after the operator has investigated the cause of the alarm condition and determined that shut down of the system is unwarranted due to an unwarranted alarm or other good cause, and consistent with safe operation of the facility.

   (3) Piping systems.

      (A) Installation testing. All process piping, except plastic piping used for wells and gathering lines, shall be hydrostatically pressure tested at the owner’s risk by his or her representative before a representative of the Department for one (1) hour at twice the maximum operating pressure or 100 psig, whichever is greater, with no loss of pressure. Plastic piping used for wells and gathering lines shall be tested at 50 psig. In lieu of the testing of plastic piping for wells and gathering lines, an oxygen analyzer installed at the inlet side of the compressor to detect air leakage into the system may be accepted, providing such analyzer or detector will shut the plant down before any air mixture that can cause an explosion reaches the compressor. The oxygen analyzer may be installed at the discharge side of the first compressor stage, if evidence is submitted, satisfactory to the Commissioner that no “dieseling or compression” explosion can take place in the compressor due to air mixture, and that the oxygen analyzer can shut the plant down before detected “air” can reach any other portion of the plant where explosion in a flammable gas-air mixture is possible.

      (B) Installation system start-up testing. Prior to any initial startup of the process equipment, systems and sub-systems having piping previously tested pursuant to R3509-01(d)(3)(A) whose integrity has been breached by interconnected piping or equipment shall be hydrostatically retested at the owner’s risk by his or her representative before a representative of the Department. The test pressure for each such system shall be the maximum anticipated operating pressure (above normal operating pressure), but in no case shall such pressure exceed the relief valve set pressures, machinery seals maximum design pressure, and the maximum design pressure for process equipment. Systems shall be tested prior to any plant start-up operation.

      (C) Piping system test modifications. When it is demonstrated to the satisfaction of the Department that a hydrostatic test is not feasible for piping and process equipment, the following alternative tests may be performed:

         (1) A pneumatic pressure test of piping utilizing a soap test on all joints.

         (2) An approved strength test of process equipment when the equipment will not sustain a pressure test.

      (D) Pressure recording charts. All piping pressure tests required by this section shall be conducted using a pressure recording chart showing exact locations and the extent of such test performed. The owner or operator of the facility shall submit the results from such pressure recording chart to the Department.

      (E) Weld testing. All welded joints on flammable gas or flammable liquid piping shall be 100% radiograph tested by an independent person or firm. Certifications on acceptance or rejection of each weld shall be filed with the Department by the facility owner or operator.

   (4) Periodic testing of fire protection systems. Periodic testing of the fire detection, fire extinguishing, gas detection, alarm and emergency shut-down system shall be performed by the certificate of fitness holder. Such testing shall be performed at least annually at the owner’s risk by his or her representative before a representative of the Department. Records of testing shall be maintained on the premises.

   (5) Yard hydrant systems. The yard hydrant system shall be hydrostatically tested at the owner’s risk by his or her representative before a representative of the Department at 300 psig for one (1) hour.

   (6) Required signage. Instructions on the operation of the facility fire protection systems and a concise process flow diagram shall be conspicuously posted at an approved location.

   (7) Hot work operations. Hot work operations within the facility shall comply with the requirements of FC Chapter 26. Such operations shall additionally be conducted under the personal supervision of the certificate of fitness holder for the facility.

   (8) Vegetation. A clearance distance of 25 feet shall be maintained from any process equipment to vegetation, and within 25 feet on either side of the fence required by R3509-01(c)(15).

   (9) Smoking. It shall be unlawful to smoke within the facility. No smoking signs shall be conspicuously posted throughout the facility in accordance with FC310.

   (10) Periodic filing of reports. The owner or operator of the facility shall submit monthly reports of problems, unusual occurrences and incidents relating to the operation of the facility. Such reporting shall continue for one (1) year after issuance of the original permit authorizing operation of the facility.

  1. Portable Fire Extinguisher Requirements. The facility shall be provided with portable fire extinguishers having at least a 40-B:C rating. The maximum travel distance to such extinguishers shall not exceed 30 feet.

Chapter 38: Liquefied Petroleum Gases

§ 3809-01 Liquefied Petroleum Gases.

(a) Scope. This section sets forth standards, requirements and procedures applicable to the storage, handling and use of LPG. This section shall not apply to the following operations:

   (1) The outdoor storage, handling and use of LPG for private, non-commercial barbecues within the lot line of a Group R-3 occupancy, the requirements for which are subject to the provisions of FC307.5.

   (2) The storage, handling and use of LPG in connection with special effects, the requirements for which are set forth in FC3309 and the rules.

   (3) The transportation of LPG, the requirements for which are set forth in FC2707.

  1. General Provisions.

   (1) General LPG requirements. The provisions of this section shall be applicable to all LPG materials, operations and/or facilities as follows:

      (A) All LPG storage, handling and use governed by this section shall comply with the design and installation document, permit, supervision, and general storage, handling and use, requirements set forth in R3809-01(c), (d), (e) and (f).

      (B) Outdoor and indoor LPG storage shall be in facilities that comply with the requirements for such facilities set forth in R3809-01(g) and (h).

      (C) Stationary LPG installations shall comply with the requirements for such installations set forth in R3809-01(i).

      (D) LPG storage, handling and use for the special applications set forth in R3809-01(j) (on construction sites, for emergency indoor repairs, for manhole operations, on motor vehicles, for mobile cooking uses, in commercial establishments, on moored vessels, at street fairs, bazaars, carnivals, concerts, festivals and similar outdoor public gatherings, for hot air balloon operations, and in Group A occupancies and similar public gathering places) shall additionally comply with the applicable requirements of R3809-01(j).

   (2) Special LPG authorizations. This section authorizes the following storage, handling and/or use of LPG that is prohibited by FC3805.3 except as authorized by the Commissioner:

      (A) storage, handling and use of LPG below grade for emergency indoor repairs, as set forth in R3809-01(j);

      (B) storage, handling and use in, and bringing or allowing into, residential occupancies or on lots containing a building used for a residential occupancy, of LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.), as set forth in R3809-01(j) and (k)*;

      (C) storage, handling and use in, and bringing or allowing into, any non-residential building, of LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.), as set forth in R3809-01(h), (j), and (k)*;

      (D) handling and use on the roof of any building of LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.), as set forth in R3809-01(j) and (k)*; (E)  storage, handling or use of LPG for stationary LPG installations in any area where access to piped natural gas from a public utility is available, as set forth in R3809-01(k)*; (F)  storage, handling and use of LPG for space heating or water heating, as set forth in R3809-01(j) and (k)*;

      (G) withdrawing of LPG in liquid form from an LPG container for hot air balloon operations, as set forth in R3809-01(j); and

      (H) use of nonmetallic pipe, tubing and components for devices, equipment and systems utilizing LPG, as set forth in R3809-01(j).

  1. Design and Installation Documents.

   (1) When required. All indoor and outdoor LPG storage shall be in storage facilities approved by the Department. All LPG storage, handling and use for stationary LPG installations shall be for installations approved by the Department. Design and installation documents for such storage facilities and stationary installations shall be submitted to the Department for review and Department approval obtained prior to any LPG storage or use.

   (2) Applications. Applications for design and installation document approval shall be made by or on behalf of the person who will be storing, handling or using the LPG, and submitted to the Bureau of Fire Prevention at Fire Department Headquarters prior to any LPG storage, handling or use. Applications for LPG installations other than on construction sites shall include a copy of the altered building application or other documentation filed with and approved by the Department of Buildings or other agency having jurisdiction over the installation.

   (3) Upon completion of any stationary LPG installation, an affidavit executed by the installer or plumber responsible for the installation shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters certifying that the installation conforms to the requirements of this section and FC Chapter 38.

  1. Permits.

   (1) Number of containers requiring a permit. Pursuant to FC 105.6, an LPG permit shall be obtained for the storage, handling or use of more than 400 SCF of LPG. Table 1 (R3809-01) sets forth the number of LPG containers, by container capacity, requiring a permit pursuant to such section.

Table 1 (R3809-01)

LPG Container Capacity Number of Containers Requiring Permit
14.1 oz. 54
16.4 oz 46
20 lbs. 3
331/2 lbs 2
40 lbs. 2
100 lbs.  1

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   (2) Applications. Applications for issuance of an LPG permit shall be made by or on behalf of the person who will be storing, handling or using the LPG, except as otherwise provided in R3809-01(d)(3). Applications shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters prior to any LPG storage, handling or use.

   (3) Street fairs. An LPG permit shall be obtained from the Department for the storage, handling or use of LPG in conjunction with any street fair, bazaar, carnival, concert, festival or similar outdoor public gathering, as set forth in FC105.6 and R403-01. Application for such LPG permit shall be made by the sponsor or promoter of the event.

   (4) Availability of piped natural gas. An LPG permit will not be issued by the Department for a stationary LPG installation located in an area where access to piped natural gas is available, except as provided in R3809-01(k). Any LPG storage and use pursuant to a permit issued after March 1, 2000 for a stationary LPG installation located in an area where access to piped natural gas is not available shall be discontinued and all LPG containers removed from the premises within five years of the date such access becomes available, and no such permit shall be renewed beyond such five-year period.

  1. Supervision.

   (1) The storage, handling and use of LPG shall be supervised as set forth in FC3801.5 and this section.

   (2) The connecting and disconnecting of LPG containers with a capacity equal to or greater than sixteen and four tenths ounces (16.4 oz.) shall be performed by a certificate of fitness holder. When such connecting and disconnecting is performed by a LPG supplier or distributor a card or tag shall be conspicuously posted at the premises identifying the name and address of the supplier or distributor, the name of the certificate of fitness holder, and the number and expiration date of the certificate of fitness.

  1. General Storage, Handling and Use Requirements.

   (1) Except as otherwise provided in this section, LPG shall be stored, handled and used in compliance with the requirements of NFPA 58.

   (2) All appliances, equipment and components used for the storage or use of LPG shall be approved or listed by a nationally recognized testing laboratory.

   (3) All equipment and appliances used for the storage or use of LPG shall be maintained and operated in accordance with the manufacturer’s specifications.

   (4) Only metallic pipe, tubing and components shall be used for LPG installations, appliances and equipment, except as provided in R3809-01(j)(2)(E), (j)(3)(B), (j)(4)(D), (j)(9)(D) and (j)(10)(K). Where use of nonmetallic hoses is allowed by this section, such hoses shall be protected from twisting, abrasion and damage by proper installation and maintenance.

   (5) For installations approved on or after March 1, 2000 under the 1968 Building Code, storage and use of LPG in quantities exceeding 2,500 standard cubic feet of gas (approximately 300 pounds) constitutes a high hazard occupancy as set forth in Article 3 of Subchapter 3 of the 1968 Building Code. Any such quantities of LPG shall be stored and used in compliance with the 1968 Building Code requirements applicable to high hazard occupancies.

   (6) LPG containers shall be stored in an upright position and secured to prevent movement.

   (7) LPG containers shall not be stacked or stored on shelves.

   (8) All connection and disconnection of LPG containers for use shall be performed outdoors, except as otherwise authorized by this section. Where LPG use is allowed indoors, all connection and disconnection of LPG containers shall be performed in a well-ventilated area.

   (9) LPG containers connected for use shall be adequately supported and braced in an upright position, except when used to power forklifts or other material handling equipment, when they shall be installed in accordance with the manufacturer’s specifications.

   (10) LPG containers connected for use shall be placed on a firm and noncombustible foundation.

   (11) LPG appliances, equipment and components shall be maintained at all times in a gas-tight condition. Any appliance, equipment or component which is not in a gas-tight condition shall be removed from use and promptly repaired or lawfully disposed of.

   (12) Each time a connection is made to a LPG container, or a leak is suspected, the connection shall be tested by the application of a soap solution or its equivalent to joints, valves and fittings. Open flames shall not be used to test connections or leaks.

   (13) LPG containers shall be protected at all times from the effects of weather and physical damage.

   (14) LPG shall be stored and used only if all safety devices on the appliances and equipment are in good working order. Such devices shall not be disconnected or defeated. Any appliance or equipment with a safety device that is not in good working order shall be removed from use and promptly repaired, or disposed of in a lawful manner.

   (15) Any empty LPG container that at any time previously has been filled with LPG shall be treated as though it contains LPG, and shall be stored and used in the same manner as a full LPG container, including storage in a storage facility in accordance with this section. Damaged or otherwise unusable LPG containers shall be promptly removed from the premises and disposed of in a lawful manner.

   (16) Warning signs complying with OSHA requirements, as set forth in § 1910.145(D) of Part 1910 of Title 29 of the Code of Federal Regulations, shall be conspicuously posted at each LPG installation, storage location or use site. Such signs shall be at least ten (10) inches by fourteen (14) inches in size and shall bear the wording “DANGER-FLAMMABLE GAS-KEEP FIRE OR FLAME AWAY-NO SMOKING” in lettering at least two (2) inches high. The word “Danger” shall be in white on a red oval bordered in white which shall be on a black background at the upper part of the sign. The other required wording shall be in black on a white background in the lower part of the sign.

   (17) LPG containers shall not be moved unless the container’s valves are closed, except when the container is mounted on a motor vehicle to store LPG for use as a fuel for motive power.

   (18) LPG containers shall not be rolled or dragged on their side or rims. LPG containers shall only be moved by lifting and lowering, by hand or with equipment designed for such purposes.

   (19) LPG containers shall not be dropped or thrown from any height.

   (20) LPG containers with a capacity of 20 pounds shall be provided with transportation plugs that secure gas-tight the container’s outlet valve connection.

  1. Outdoor Storage Facilities.

   (1) Except as otherwise provided herein, all LPG containers shall be stored outdoors in a storage facility that conforms to the requirements of R3809-01(g). In addition to compliance with the requirements of FC 2703.12 and 3809.12, and FC Table 3809.12, all outdoor LPG storage facilities shall be:

      (A) not more than 54 square feet in area;

      (B) protected from vehicle impact;

      (C) protected from theft, tampering or unauthorized use by a metal open fence enclosure at least six (6) feet in height, secured by a locked gate opening outward, or by a lockable ventilated metal locker of a type for which a certificate of approval has been issued. Such fence enclosure or locker shall be mounted on and secured to a substantial concrete pad at grade level, which pad shall be constructed to prevent accumulation of rain and snow;

      (D) located in a well ventilated area. There shall be a minimum clearance of ten (10) feet from any surrounding walls more than eight (8) feet high on at least three sides of the outdoor storage facility;

      (E) directly accessible from the street. LPG containers being delivered to or taken from an outdoor storage location shall not be brought into or through any building or other structure; and

      (F) provided with a portable fire extinguisher with at least a 10-B:C rating. Such portable fire extinguisher shall be located in a protective enclosure affixed to the outside of the storage facility or placed at another readily accessible location not more than 30 feet from the storage facility.

   (2) No more than 2,500 SCF of LPG (approximately 300 pounds) shall be stored in a pre-existing outdoor LPG storage facility unless such facility complies with the current Fire Code and rule requirements.

   (3) No outdoor storage facility shall be located on a lot containing any building used for residential purposes.

   (4) No outdoor storage facility shall be located within:

      (A) ten (10) feet of the nearest lot line, sidewalk or building on an adjoining lot, except as follows: (1)  50 feet of any building occupied as a multiple dwelling; and (2)  100 feet of the lot line of any property occupied for educational, health care or religious purposes;

      (B) ten (10) feet of any authorized parking for motor vehicles;

      (C) ten (10) feet of any combustible material;

      (D) 15 feet of any vent or fill line of any flammable liquid or combustible liquid storage tank; and

      (E) 20 feet of any aboveground flammable liquid or combustible liquid storage tank.

  1. Indoor LPG Storage.

   (1) Except as provided in R3809-01(k), indoor storage of any LPG container with a capacity greater than sixteen and four tenths ounces (16.4 oz.) is prohibited in any residential occupancy and in any building where an outdoor location for such LPG container is available.

   (2) All indoor storage of LPG containers with an individual capacity greater than sixteen and four tenths ounces (16.4 oz.) authorized by this section shall be stored in a separate room that conforms to the requirements of R3809-01(h). Any such room shall be:

      (A) constructed in compliance with the Construction Codes, including the Building Code;

      (B) constructed of walls, floors and ceilings having at least a two (2) hour fire resistance rating;

      (C) constructed with an access door that opens directly to the outdoors;

      (D) used for no other purpose; and

      (E) provided with a portable fire extinguisher with at least a 10-B:C rating. Such portable fire extinguisher shall be affixed to the outside of the storage room or placed at another readily accessible location not more than 30 feet from the room entrance.

   (3) No such room shall:

      (A) be located at the property line adjoining a multiple dwelling, building occupied for educational, health care or religious purposes, place of public assembly, or other place of public gathering; and

      (B) have ventilation openings located within five (5) feet of any building opening, including any doors, openable windows and intake and exhaust vents.

   (4) All delivery and pick-up of containers to or from an indoor LPG storage facility shall be through the outdoors access door only, not through the building.

  1. Stationary LPG Installations. In addition to complying with the requirements of FC 2703.12 and 3809.12, and FC Table 3809.12, stationary LPG installations shall comply with the following requirements:

   (1) All LPG containers connected for use in a stationary installation shall be stored outdoors.

   (2) A single, accessible, safely-located, and conspicuously-marked shutoff valve shall be provided wherever LPG piping enters a building or structure.

   (3) A single, accessible, safely-located and conspicuously-marked shutoff valve shall be provided for each appliance connected to a LPG container.

   (4) All new and repaired LPG piping shall be tested at one and one half (11/2) times normal working pressure but not less than three (3) psig, using air or inert gas. There shall be no drop in the shut-in pressure for a period of 30 minutes.

   (5) When LPG is piped indoors, a sign at least ten (10) inches high and fourteen (14) inches wide shall be conspicuously posted at the entrance to the building and shall bear the wording “Danger-LPG Piping”.

   (6) Metal pipe straps, hangers, or band shall be suitable for the size of pipe and of such strength and quality that the piping cannot be accidentally dislodged. Spacing of hangers shall not exceed six (6) feet for one half (1/2) inch pipe, eight (8) feet for three quarter (3/4) and one (1) inch pipe, and ten (10) feet for one and one quarter (11/4) inch or larger pipe.

   (7) No LPG container connected for use shall be located within:

      (A) 50 feet of any building occupied as a multiple dwelling;

      (B) 100 feet of the lot line of any property occupied for educational, health care or religious purposes;

      (C) ten (10) feet of any combustible material; or

      (D) 20 feet of any aboveground flammable liquid or combustible liquid storage tank.

   (8) A portable fire extinguisher with at least a 10-B:C rating shall be provided whenever LPG is connected for use. The maximum travel distance to the portable fire extinguisher shall be 30 feet from the work location.

  1. Special Storage and Use Requirements.

   (1) All storage or use of LPG for the applications set forth in R3809-01(j) shall be in compliance with the respective requirements of R3809-01(j), in addition to the requirements set forth in R3809-01(c), (d), (e), (f) and (i).

   (2) Construction sites.

      (A) A site-specific permit shall be obtained for LPG storage, handling and use on a construction site, except that a city-wide LPG permit may be obtained for tar kettle and torch operations where no reserve storage is needed and LPG containers are removed from the site at the end of each workday, and the construction work requiring LPG use is to be completed within thirty (30) days of commencement.

      (B) Except as provided in R3809-01(j)(2)(D), all LPG for use on construction sites shall be stored in outdoor storage facilities that comply with the requirements of R3809-01(g)(1)(B), (C) and (D). No construction site shall store more than 5,000 pounds of LPG. No construction site storage facility shall:

         (1) have a capacity exceeding 2,500 pounds of LPG in any single storage facility;

         (2) be within 50 feet of any other LPG storage facility;

         (3) be within 25 feet of the building under construction;

         (4) be within 50 feet of any aboveground flammable liquid or combustible liquid storage tank;

         (5) be within 50 feet of any combustible material;

         (6) be within 50 feet of any building occupied as a multiple dwelling;

         (7) be within 100 feet of any subway entrance, exit, vent or other opening; and

         (8) be within 100 feet of the lot line of any property occupied for educational, health care or religious purposes, place of public assembly, or other place of public gathering.

      (C) Each construction site storage facility shall be provided with a wheeled type portable fire extinguisher with at least a 40-B:C rating. Such portable fire extinguisher shall be kept outside of the storage facility or placed at another readily accessible location not more than 30 feet from the storage facility.

      (D) LPG containers may be stored inside an unoccupied building under construction where no allowable outdoor location is available, provided that such containers are stored on the ground floor at a location acceptable to the Department that is as far as possible but in no event less than ten (10) feet from any flue, stairwell, or elevator shaft, and the amount of LPG so stored is acceptable to the Department but in no event exceeds a total of 1,250 pounds. LPG containers may be stored at one (1) additional location on the ground floor of the same building if a minimum separation distance of 70 feet between storage locations can be provided and maintained. The amount of LPG stored at such additional location shall not exceed 1,250 pounds.

      (E) Pursuant to FC3805.3(14) and R3809-01(b)(2)(H), nonmetallic hose may be used at a construction site where:

         (1) The construction activity does not allow use of a stationary LPG appliance, necessitating a flexible connection between the appliance and the LPG container;

         (2) The length of the hose does not exceed 30 feet; and

         (3) The hose is designed for a working pressure of not less than 250 psi when the construction activity is being performed outdoors, or 350 psi when it is being performed indoors.

      (F) Tar kettle and torch operations.

         (1) LPG heaters for tar kettles shall be operated under the personal supervision of a certificate of fitness holder.

         (2) All torch operations shall be performed by a certificate of fitness holder.

         (3) It shall be unlawful for any person to operate, maintain or use a kindled tar kettle or torch in or on the roof of any building, except that torches may be used for emergency indoor repairs in accordance with R3809-01(j)(3) and may be used on the roof of any building having a roof of noncombustible construction.

         (4) Fire guards holding a certificate of fitness shall be on continuous duty during any torch operations on the roof of a building. There shall be one (1) fire guard on the roof for each torch operator, and there shall be at least one (1) fire guard on the floor or level below the torch operation. Such fire guards shall not be assigned any duties other than to remain alert and guard against fire and shall be alert to sparks, the transmission of heat, and the potential ignition of combustible material. Such fire guards shall be responsible for ensuring that fire extinguishing equipment is readily accessible from the time torch operations are commenced until an hour after such operations are completed.

         (5) A fire guard holding a certificate of fitness shall inspect all areas exposed to the effects of torch operations after the completion of torch operations for the purpose of detecting fires. The first inspection shall be conducted one-half (1/2) hour after completion of torch operations; the second inspection one (1) hour after completion of torch operations. The fire guard shall prepare and sign an inspection report confirming the safe condition of the premises. Such report shall be submitted to and retained by the person in charge of the torch operations.

         (6) A portable fire extinguisher with at least a 2-A:20-B:C rating shall be provided for each torch.

         (7) All movement of LPG containers within a building shall be performed in the following manner:

            (a) Transportation plugs shall be installed on the LPG containers to secure gas-tight the outlet valve connection.

            (b) LPG containers at all times shall be moved under the personal supervision of a certificate of fitness holder. At no time shall the containers be left unattended.

            (c) LPG containers with a capacity of more than 20 pounds shall be moved to another floor of the building only by freight elevator, construction elevator, or passenger elevator when approved, and such elevator shall be occupied only by those persons engaged in moving the containers. LPG containers with a capacity of 20 pounds or less shall be moved in the same manner, except that they may be moved in building stairwells if such stairwells are unoccupied.

      (G) Asphalt melters.

         (1) LPG-fueled asphalt melters shall be stored, handled, used and maintained in the same manner as LPG-fueled tar kettles, in compliance with the provisions of FC303 and R3809-01(j)(2)(F), except as otherwise provided in R3809-01(j)(2)(G)(5) with respect to use of an LPG-fueled asphalt melter on a roof.

         (2) LPG-fueled asphalt melters shall be designed to utilize indirect heating and an enclosed flame, and shall be provided with a thermostatic control and an automatic shut-off to limit the temperatures to which the asphalt may be heated. Such melters shall be operated so as to limit the heating of the asphalt to a temperature not exceeding 425°F, or 50°F below the flash point of the asphalt, whichever is lower.

         (3) Asphalt melter covers shall be automatic-closing by approved devices designed to operate in the event of fire.

         (4) Only one (1) LPG container with a maximum capacity of 100 pounds of LPG may be connected to an LPG-fueled asphalt melter.

         (5) LPG-fueled asphalt melters may be used on the roof of any building having a roof of noncombustible construction, provided that they are designed and operated in compliance with the following requirements:

            (a) LPG-fueled asphalt melters used on roofs shall have a design capacity of not more than 200 gallons of asphalt, or such lesser amount as may be safely supported by the roof structure.

            (b) Not more than two (2) such asphalt melters may be brought onto or operated on a roof at a time.

            (c) The certificate of fitness holder responsible for the personal supervision of such asphalt melters shall be provided with a cellular phone or other means of communication for immediate notification to the Department of a fire or other emergency.

            (d) Only LPG containers connected for use shall be kept on the roof.

      (H) Curing and drying applications.

         (1) The use of LPG for curing concrete, drying plaster and similar applications shall be prohibited in any occupied building, any location within 50 feet of an occupied building, and any location within 100 feet of the lot line of any property occupied for educational, health care or religious purposes, a place of public assembly, or other place of public gathering.

         (2) The use of LPG for curing concrete, drying plaster and similar applications shall be under the personal supervision of a certificate of fitness holder. The certificate of fitness holder shall inspect the area where LPG containers and heaters are in use on not less than an hourly basis. The results of each inspection shall be recorded in a log book which shall be maintained on the premises and made available for inspection by any Department representative.

         (3) Heaters used for curing concrete, drying plaster and similar applications shall be placed at least six (6) feet from any LPG container or combustible material, and ten (10) feet from any tarpaulin cover. Such heaters shall only be used in a well-ventilated area and shall not be placed on unprotected wood flooring.

         (4) Pursuant to FC3805.3(14) and R3809-01(b)(2)(H), nonmetallic hose may be used at a construction site where flexibility is required for such operation, provided that:

            (a) The length of the hose is as short as practical, but in no circumstance exceeds 30 feet; and

            (b) The hose shall be fabricated of materials that are resistant to the action of LPG both as liquid and vapor and designed for a working pressure of 350 psi.

         (5) LPG/heater assemblies shall be provided with a portable fire extinguisher with at least a 20-B:C rating located not more than 30 feet away. A travel distance of up to 50 feet may be allowed if a portable fire extinguisher with at least a 40-B:C rating is provided.

   (3) Emergency indoor repairs.

      (A) Pursuant to FC3805.3(5) and (6), and R3809-01(b)(2)(B) and (C), LPG equipment and containers may be used indoors, except in an occupied place of public assembly, for the purpose of performing emergency repairs. Such LPG use shall be subject to the following requirements:

         (1)  LPG use at the work site shall be limited to two (2) LPG containers, each with a capacity not greater than 20 pounds;

         (2)  LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.) shall not be left unattended;

         (3)  All LPG use shall be under the personal supervision of a certificate of fitness holder; and

         (4)  All LPG containers shall be removed from inside the building at the end of the work day.

      (B) Pursuant to FC3805.3(14) and R3809-01(b)(2)(H), nonmetallic hose may be used for emergency indoor repairs where the nature of the repair work requires a flexible connection between the appliance and the LPG container provided that;

         (1)  The length of the hose does not exceed six (6) feet; and

         (2)  The hose is designed for a working pressure of not less than 350 psi.

      (C) Pursuant to FC3805.3(2) and R3809-01(b)(2)(A), a single LPG container with a capacity not greater than 16.4 ounces may be used below grade for emergency indoor repairs, provided that the container is not left unattended.

   (4) Manhole operations.

      (A) LPG containers and heaters shall not be brought into manholes or located within six (6) feet of manholes.

      (B) LPG storage, handling and use at each manhole work site shall be limited to two LPG containers, each with a capacity not greater than 331/2 pounds. Such LPG containers shall be removed from the work site at the end of each work day unless they are stored in a tool cart that:

         (1) is constructed of steel;

         (2) has a door at least one-quarter (1/4) inch thick that is locked at all times;

         (3) has not less than 100 square inches of fixed ventilation at the bottom with a suitable screen as a flash arrestor;

         (4) has six-inch placards bearing United States Department of Transportation designation “1075” permanently affixed to two opposite exterior walls of the tool cart;

         (5) has “No Smoking” signs permanently affixed to the tool cart in a conspicuous location;

         (6) has the LPG containers positioned within the cart such that container shut-off valves are unobstructed and readily accessible; and

         (7) is situated outdoors and is not located within the distances set forth in R3809-01(g)(4), except that R3809-01(g)(4)(B) and (g)(4)(C) shall not apply.

      (C) All LPG use shall be under the personal supervision of a certificate of fitness holder.

      (D) Pursuant to FC3805.3(14) and R3809-01(b)(2)(H), nonmetallic hose may be used for manhole operations where the task does not allow use of a stationary LPG appliance, necessitating a flexible connection between the appliance and the LPG container, provided that;

         (1) The length of the hose does not exceed 30 feet; and

         (2) The hose is designed for a working pressure of not less than 250 psi.

   (5) Motor vehicles equipped with LPG containers.

      (A) Motor vehicles equipped with LPG containers for use on the motor vehicle shall not be left unattended on any street, highway, avenue or alley; in any congested area; within 50 feet of the property line of any multiple dwelling, building occupied for educational, health care or religious purposes, place of public assembly, or any other place of public gathering; or within 50 feet of any subway entrance, exit, vent or other opening.

      (B) LPG storage and use on any vehicle for the purpose of marking traffic lanes shall be limited to four (4) LPG containers.

      (C) Forklifts, tractors and similar powered industrial trucks equipped with LPG containers shall comply with the following requirements:

         (1) LPG storage and use on such powered industrial trucks shall be limited to one (1) LPG container with a capacity not greater than 40 pounds.

         (2) Whenever LPG containers are installed in a horizontal position, the container shall be of such a design that the pressure relief valve will discharge vapor.

         (3) All such powered industrial trucks shall be stored and used in locations with adequate ventilation.

         (4) Storage and use of such powered industrial trucks below grade, including in a basement or cellar, is prohibited.

         (5) Such powered industrial trucks shall not be parked, or the LPG containers replaced, near open flames or other heat or ignition sources, or near open pits, underground entrances, elevator shafts, or similar areas.

         (6) Every powered industrial truck shall be provided with a portable fire extinguisher with at least a 2-B:C rating.

   (6) Mobile cooking uses. Mobile food units, as that term is defined in 24 RCNY Health Code § 89.01(c) (including but not limited to motor vehicles, pushcarts and stands) that are equipped with LPG containers for cooking purposes shall comply with the following requirements:

      (A) LPG storage and use shall be limited to two (2) LPG containers on all types of mobile food units. LPG containers on mobile food units that are not motor vehicles shall have a container capacity of not more than 20 pounds each.

      (B) No flammable liquid or combustible liquid shall be used for cooking or any other purpose on any mobile food unit.

      (C) No mobile food unit shall store or use LPG for cooking or any other purpose within:

         (1) two (2) feet of any combustible material;

         (2) two (2) feet of any building, except as follows:

            (a) five (5) feet of any below-grade building opening, including any door, openable window or intake or exhaust vent;

            (b) ten (10) feet of any building of wood frame construction;

            (c) 20 feet of any building entrance; and

            (d) ten (10) feet of any building occupied as a multiple dwelling, or any building occupied for educational, health care or religious purposes, a place of public assembly, or other place of public gathering;

         (3) five (5) feet of any flammable gas storage, including another mobile food unit equipped with LPG containers;

         (4) five (5) feet of any subway vent or other opening, except a subway entrance or exit;

         (5) ten (10) feet of any subway entrance or exit; and

         (6) ten (10) feet of any vent or fill line of any flammable liquid storage tank.

      (D) All mobile food units that are motor vehicles shall also comply with the restrictions applicable to vehicles equipped with LPG containers set forth in R3809-01(j)(5)(A).

      (E) LPG container valves shall be closed when the mobile food unit or its cooking equipment is not in use.

      (F) Each mobile food unit that is a motor vehicle shall be provided with a portable fire extinguisher with at least a 20-B:C rating. Each mobile food unit that is not a motor vehicle shall be provided with a portable fire extinguisher with at least a 2-B:C rating, which shall be mounted on the mobile food unit away from the heat source.

   (7) Commercial establishments. Commercial establishments which store, handle and use LPG for cooking and oil burner ignition shall comply with the following requirements:

      (A) LPG storage, handling and use shall be limited to LPG containers with a capacity not greater than 16.4 ounces unless the container is connected for use in a stationary installation.

      (B) All LPG devices, equipment and systems shall be installed by a plumber.

      (C) Rigid piping shall be used for all connections between LPG devices, equipment and systems and LPG containers.

      (D) Flexible metallic hoses and/or tubing may be used where flexibility is required for commercial oil burner ignition or cooking operations, provided that the hose or tubing is designed for use with LPG, and the length of hose or tubing does not exceed six (6) feet.

      (E) LPG storage and use for the purposes authorized by R3809-01(j)(7) is subject to the prohibition set forth in FC3805.3(10), and shall be discontinued in compliance with the requirements of R3809-01(k)(2).

   (8) Moored vessels. Residentially occupied vessels moored in marinas which store, handle and use LPG for space heating and cooking purposes shall comply with the following requirements:

      (A) LPG storage, handling and use shall be limited to two (2) LPG containers.

      (B) All LPG devices, equipment and systems used on such a vessel shall serve only that vessel and no others.

      (C) All LPG devices, equipment and system shall be installed either by the vessel manufacturer or by a plumber.

   (9) Street fairs, bazaars, carnivals, concerts, festivals and similar outdoor public gatherings. LPG storage, handling and use in connection with any street fair, bazaar, concert, festival or other similar outdoor public gathering shall be subject to the following requirements:

      (A) LPG storage and use shall be limited to two (2) LPG containers per LPG device or equipment, each with a capacity not greater than 20 pounds.

      (B) There shall be a person responsible for the operation of each LPG device or equipment. One (1) person may not operate more than one (1) LPG device or equipment.

      (C) LPG shall not be stored, handled or used for cooking or any other purpose within the distances set forth in R3809-01(j)(6)(D), and a separation distance of five (5) feet shall be maintained between LPG containers connected for use to LPG device or equipment.

      (D) Notwithstanding the provisions of R3809-01(b)(2)(H), nonmetallic hose may be used at a street fair, bazaar, carnival, concert, festival or similar outdoor public gathering where:

         (1)  The LPG containers, appliances and all equipment and components are stored, used and connected for use outdoors;

         (2)  The length of the hose does not exceed six (6) feet; and

         (3)  The hose is designed for a working pressure of not less than 250 psi.

      (E) The certificate of fitness holder supervising LPG storage, handling and use in connection with the event shall inspect each device, equipment or system and incidental storage area prior to commencement of use each day to confirm that all such devices, equipment and systems are in good working order and that all necessary and appropriate fire safety precautions have been taken. A record of such surveillance shall be maintained either at a central location for all concessionaires, or at each concession area, booth or other location, and shall be made available for inspection by any Department representative.

   (10) Hot air balloon operations. LPG handling and use for hot air balloon operations shall comply with following requirements:

      (A) The storage, handling and use of LPG, including any reserve storage incidental to use, shall not exceed a total of 300 pounds.

      (B) Pursuant to FC3805.3(13) and R3809-01(b)(2)(G), LPG may be withdrawn and utilized in liquid form if required by the nature of the operation.

      (C) The burner and fuel system are operated in accordance with the FAA Flight manual and manufacturer’s instruction.

      (D) The entire operation shall be conducted under the personal supervision of an FAA license holder and a certificate of fitness holder. Such individual shall continuously monitor the area to ensure compliance with the provisions of FC Chapter 38 and this section.

      (E) Hot air balloons shall be secured in an approved manner by not less than a three-point tie down during LPG operations and whenever the balloon is filled with hot air.

      (F) LPG containers shall not be left unattended. LPG containers shall be removed from the site at the conclusion of each day’s hot air balloon operations, and shall not be left at the site overnight.

      (G) Smoking is prohibited on the balloon or within 25 feet of any LPG storage, handling or use.

      (H) There shall be no storage, handling or use of flammable liquids or combustible liquids within 20 feet of the area approved for hot air balloon operations, as set forth in FC1111.3.

      (I) There shall be no storage, handling or use of flammable gases within 20 feet of the area approved for hot air balloon operations, as set forth in FC1111.3.

      (J) The hot air balloon shall be provided with a portable fire extinguisher with at least a 10-B:C rating. The LPG storage area shall be provided with a separate portable fire extinguisher with at least a 10-B:C rating.

      (K) Pursuant to FC3805.3(14) and R3809-01(b)(2)(H), nonmetallic hose may be used where flexibility is required for such operation, provided that:

         (1) The length of the hose is as short as practicable; and

         (2) The hose shall is designed for a working pressure of 350 psi.

   (11) Group A occupancies and similar public gathering places. LPG storage, handling and use in Group A occupancies and similar public gathering places shall additionally comply with the requirements of R308-01.

Chapter 46: Fees

§ 4601-01 New and Amended Fees.

(a) Scope. This section sets forth provisions relating to the Department's adoption of new and amended fees and incorporation of such fees into FC Appendix A.
  1. General Provisions.

   (1) Adoption. The owner or applicant shall pay the fees set forth in this section for permits, inspections, witnessing of tests and other services, in accordance with the provisions of FC Appendix A.

   (2) Incorporation. Pursuant to FC102.6.2, such new and amended fees shall be deemed incorporated into FC Appendix A.

   (3) Identification of amendments.

      (A) The incorporation of new fees into FC Appendix A is indicated by underlining.

      (B) The incorporation of amended fees into FC Appendix A is indicated by bracketing the provision and/or fee to be deleted from FC Appendix A and underlining the amended provision and/or fee to be added.

  1. Certificate Fees (FC A01). FCA01.1 is amended to read as follows:

   3. Certificate of fitness

Original application (including written examination) (for 3 years) (except fire and life safety director) $25.00
Fire and life safety director  
Original application (including one written examination) (for 3 years) $25.00
Each additional written examination $25.00
Practical (on-site) examination for fire and life safety director (fire safety and non-fire emergency components) $750.00
Practical (on-site) examination (fire safety component only) $445.00
Practical (on-site) examination (non-fire emergency component only) $305.00
Renewal application (without examination) $5.00

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   16. ARC system testing company certificate

Original application $105.00
Renewal application $50.00
Original portable radio programming (per radio) $75.00
Portable radio inspection (per radio) $75.00

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  1. Training School Accreditation Fees (FC A02). FCA02.1 is amended to read as follows:

   6. Active shooter and medical emergency preparedness training schools

Original application $2,940.00
Renewal application $420.00

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  1. Permit, Inspection and Plan Examination Fees (FC A03). FC A03 is amended to read as follows:

   24. In-building auxiliary radio communication systems and other in-building radio communication systems

To maintain and operate an in-building auxiliary radio communication system or other in-building radio communication system  
Original application (including acceptance testing) $105.00, plus $50.00 per building floor included in application
Renewal application $105.00

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   51. Plan examinations

Review of design and installation documents, except as otherwise provided in FC A03.1(51) $420.00
Review of design and installation documents for commercial cooking systems $210.00
Review of fire protection plan $420.00
Review of fire safety and evacuation plan $210.00
Review of emergency action plan  
Original application $525.00
Amended application (per hour) (total not to exceed $525.00) $210.00
Review of combined fire safety and evacuation plan and emergency action plan  
Original application $630.00
Amended application (per hour) (total not to exceed $630.00) $210.00
Review of professionally certified application $210.00
Supplemental review of new technology applications (including plans filed pursuant to FC 102.8 and 104.9) and other applications requiring complex technical analyses $525.00
Late plan filings  
Filing of design and installation documents for new or altered facility or installation from the date of commencement of work without approved design and installation documents to one year from such date 50% surcharge
Filing of design and installation documents for new or altered facility or installation more than one year after the date of commencement of work without approved design and installation documents 100% surcharge

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  1. Administrative Services Fees (FC A04). FC A04 is amended to read as follows:

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  1. Late Renewals (FC A05). [Reserved.]

§ 4604-01 Compensation To Be Paid By Entities Engaged in the Operation of Auxiliary Fire Alarm Systems (effective until July 1, 2009).

(a) Scope. This section sets forth the compensation required to be paid to the City of New York pursuant to Administrative Code § 15-127(a)(1) by a central station company or a proprietary central station company for operation of an auxiliary fire alarm system.
  1. Definition. The following term shall, for purposes of this section and used elsewhere in the rules, have the meanings shown herein:

Auxiliary fire alarm system. The re-transmission or other reporting to the Department of alarm signals from the monitoring of fire alarm systems by a central station company, proprietary central station, or any other person or company that receives compensation or derives any other financial benefit therefrom.

  1. Schedule of Fees. Each central station company or proprietary central station company that is engaged in the operation of auxiliary fire alarm systems shall pay an amount which shall equal the product of the fee prescribed below, multiplied by the number of terminals (also known as “assignments”). The Department shall annually bill each entity for an amount based on the number of terminals in operation at any time during the period from the first day of July through the last day of June, and that amount shall be payable by the first day of the month of October. The fees shall be as follows:

Annual Fee Per Class E or Class J Terminal (pursuant to 1968 Building Code Occupancy Group E – Business and Occupancy Group J – Residential (Administrative Code §§ 27-253 and 27-263))…..$135.00

Annual Fee Per Terminal All Other Types of Systems $ 45.00

Fees for terminals placed in operation after the first day of the month of July shall be payable for the first operating period in accordance with the following table. Thereafter, fees for such terminals shall be payable on an annual basis.

Quarter First in Operation Fee per Class E or Class J terminal Fee per terminal; all Other types of systems
7/2 to 9/30 $135.00 $45.00
10/1 to 12/31 $100.00 $35.00
1/1 to 3/31 $  70.00 $25.00
4/1 to 6/30 $  35.00 $12.00

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The Department shall, at the beginning of each quarter, bill each entity for an amount, in accordance with the schedule set forth above, based on the number of new terminals it placed in operation during the previous quarter, and that amount shall be payable by the first day of the next succeeding quarter.

  1. Cancellation of Terminals. The cancellation of terminals shall not result in the refund of the terminal fee or any portion thereof.

§ 4604-01 Compensation for Operation of Auxiliary Fire Alarm Systems (effective July 1, 2009).

(a) Scope. This section sets forth the compensation required to be paid to the City of New York pursuant to Administrative Code § 15-127(a)(1) by a central station company or a proprietary central station, as those terms are defined in R901-02(b), for operation of an auxiliary fire alarm system.
  1. Definition. The following term shall, for purposes of this section and used elsewhere in the rules, have the meanings shown herein:

   Auxiliary Fire Alarm System. The re-transmission or other reporting to the Department of alarm signals from the monitoring of fire alarm systems by a central station company, proprietary central station, or any other person or company that receives compensation or derives any other financial benefit therefrom.

  1. Required Compensation. Each central station company shall pay to the Department, on an annual basis, or such other basis as the Department may require or authorize, its proportionate share of the cost associated with its use of the Department’s fire alarm communications system, as calculated in accordance with the provisions of this section.
  2. Computation of Compensation.

   (1) The Department will calculate, not less frequently than on an annual basis, the compensation each central station company is required to remit to the Department, in accordance with the computation set forth in this subdivision.

   (2) Compensation shall be based on the costs of operating the Department’s communications offices for the preceding fiscal year, allocated according to the number of fire alarm systems monitored by each central station company as of July 1st of the preceding fiscal year, and the volume of central station company alarm traffic generated by each central station company in the preceding fiscal year.

   (3) Step One: Calculation of Total Central Station Company Cost. This amount will be calculated as follows:

      (A) the total alarm traffic handled by the Department’s communications offices is calculated for the preceding fiscal year;

      (B) the alarm traffic generated by all central station companies (“total central station alarm traffic”) is calculated as a percentage of the total alarm traffic for the preceding fiscal year; and

      (C) the total cost of operating the Department’s communications offices is calculated for the preceding fiscal year (“total operating cost”) and is multiplied by the percentage representing the total central station alarm traffic in the preceding fiscal year, to obtain the cost attributable to the total central station alarm traffic for the preceding fiscal year (“total central station cost”).

   (4) Step Two: Calculation of Individual Central Station Compensation Amounts. These amounts will be calculated as follows:

      (A) the total number of fire alarm systems monitored by central station companies as of July 1st of the preceding fiscal year, and the number of fire alarm systems monitored by each central station company as of such date, are tabulated, and the percentage of the total number of monitored fire alarm systems is calculated for each central station company (“alarm system allocation”);

      (B) the total central station alarm traffic generated by each central station company is separately tabulated for the preceding fiscal year, and each central station company’s percentage of the total central station alarm traffic is calculated (“alarm traffic allocation”);

      (C) the two percentages representing the alarm system and alarm traffic allocations are averaged (added together and divided by two) to obtain a single combined percentage for each central station company (“total allocation”); and

      (D) each central station company is charged the percentage representing its total allocation of the total central station cost for the preceding fiscal year.

  1. Billing and Payment.

   (1) The Department will bill each central station company on or about October 1st for the coming year, or such other date as the Department may designate.

   (2) Each central station company shall remit payment in full no later than 60 days of receipt of the invoice.

   (3) Any central station company that fails to timely remit payment shall additionally be liable to the Department for interest on the compensation due and owing to the Department. Such interest shall be computed for the period from the date of the bill to the date of payment, based on the amount of the bill and the rate of interest set forth in Section 5004 of the New York Civil Practice Law and Rules. Such interest shall constitute part of the compensation required by this section.

Chapter 47: Referenced Standard Modifications

§ 4701-01 Referenced Standard Modifications and Amendments Thereto.

(a) Scope. This section sets forth provisions relating to the Department's adoption of modifications to the Referenced Standards set forth in FC Chapter 45, adoption of amendments to the Referenced Standard modifications codified in FC Appendix B, and incorporation of such modifications and amendments into FC Appendix B.
  1. General Provisions.

   (1) Adoption. The Referenced Standards set forth in FC Chapter 45, and the modifications thereto, as codified in FC Appendix B, are amended as set forth in this chapter of the rules.

   (2) Incorporation. Pursuant to FC102.6.2, such Referenced Standard modifications and amendments to Referenced Standard modifications shall be deemed incorporated into FC Appendix B.

   (3) Identification of modifications and amendments.

      (A) The text of the Referenced Standard modifications to be incorporated into FC Appendix B is set forth in the respective sections of this chapter of the rules. The addition of such modifications to FC Appendix B is indicated by underlining.

      (B) When a Referenced Standard modification codified in FC Appendix B is to be amended, the existing, codified text of the Referenced Standard modification is shown, with the language deleted in [;brackets]; and language added underlining.

§ 4702-01 National Fire Protection Association Referenced Standards.

(a) Scope. This section sets forth modifications to the National Fire Protection Association Referenced Standards set forth in FC Chapter 45.
  1. Referenced Standard Modifications. FC B01.1 is amended to read as follows:

B01.1. National Fire Protection Association standards. The provisions of the following National Fire Protection Association (NFPA) standards shall be modified as follows:

NFPA 45-2004. The provisions of NFPA 45-2004, Standard on Fire Protection for Laboratories Using Chemicals, are modified as follows:

   1. In Section 1.1.1, add “in this standard,” after “defined”. Add a new sentence to the end of the section, to read “This standard shall additionally apply to any non-production laboratory as defined in FC2702.1.”.

   2. In Section 1.1.2(1)(b), delete “NFPA 54, National Fuel Gas Code” and replace with “the Fuel Gas Code”. Add an exception to the end of Section 1.1.2(1), to read “This exception shall not apply to educational laboratory units and instructional laboratory units.”

   3. Add a new Section, 1.1.4, to read “1.1.4 The provisions of this standard are adopted only with respect to operational and maintenance requirements. Pursuant to FC102.2, operational and maintenance provisions are applicable to new and existing facilities.”

   4. Delete Section 1.4 in its entirety.

   5. Delete Section 1.5 in its entirety.

   6. In Section 2.2:

      6.1. Delete “2002 edition” of NFPA 10 and replace with “2007 edition”.

      6.2. Delete “2002 edition” of NFPA 11 and replace with “2005 edition, as modified by Appendix B of the Fire Code”.

      6.3. Delete “NFPA 11A, Standard for Medium- and High-Expansion Foam Systems, 1999 edition.”.

      6.4. Delete “2000 edition” of NFPA 12 and replace with “2008 edition, as modified by Appendix B of the Fire Code”.

      6.5. Delete “2002 edition” of NFPA 13 and replace with “2007 edition, as modified by Appendix B of the Fire Code”.

      6.6. Delete “2002 edition” of NFPA 17 and replace with “2002 edition, as modified by Appendix B of the Fire Code”.

      6.7. Delete “2002 edition” of NFPA 17A and replace with “2002 edition, as modified by Appendix B of the Fire Code”.

      6.8. Delete “2002 edition” of NFPA 25 and replace with “2011 edition”.

      6.9. Delete “2003 edition” of NFPA 30 and replace with “2008 edition”.

      6.10. Delete “2003 edition” of NFPA 33 and replace with “2007 edition”.

      6.11. Delete “NFPA 50, Standard for Bulk Oxygen Systems at Consumer Sites, 2001 edition.”.

      6.12. Delete “NFPA 50A, Standard for Gaseous Hydrogen Systems at Consumer Sites, 1999 edition.”.

      6.13. Delete “NFPA 50B, Standard for Liquefied Hydrogen Systems at Consumer Sites, 1999 edition.”.

      6.14. Delete “2002 edition” of NFPA 51 and replace with “2007 edition”.

      6.15   Delete “NFPA 54, National Fuel Gas Code, 2002 edition” and replace with “The Fuel Gas Code”.

      6.16. Delete “2003 edition” of NFPA 55 and replace with “2010 edition”.

      6.17. Delete “2004 edition” of NFPA 58 and replace with “2008 edition”.

      6.18. Delete “2002 edition” of NFPA 69 and replace with “2008 edition”.

      6.19. Delete “NFPA 70, National Electrical Code, 2005 edition.”.

      6.20. Delete “2002 edition” of NFPA 72 and replace with “2010 edition, as modified by Appendix B of the Fire Code”.

      6.21. Delete “1999 edition” of NFPA 80 and replace with “2007 edition”.

      6.22. Delete “2003 edition” of NFPA 86 and replace with “2007 edition”.

      6.23. Delete “2002 edition” of NFPA 99 and replace with “2005 edition”.

      6.24. Delete “2001 edition” of NFPA 495 and replace with “2006 edition”.

      6.25. Delete “2001 edition” of NFPA 704 and replace with “2007 edition”.

      6.26. Delete “2003 edition” of NFPA 750 and replace with “2006 edition, as modified by Appendix B of the Fire Code”.

      6.27. Delete “NFPA 1962, Standard for the Inspection, Care, and Use of Fire Hose, Couplings, and Nozzles and the Service Testing of Fire Hose, 2003 edition.”.

      6.28. Delete “2004 edition” of NFPA 2001 and replace with “2008 edition, as modified by Appendix B of the Fire Code”.

      6.29. Add “NFPA 2112, Standard on Flame-Resistant Garments for Protection of Industrial Personnel Against Flash Fire, 2012 edition.”.

   7. In Section 2.3.3, delete “ASME Boiler and Pressure Vessel Code, Section VIII, 2004” and replace with “ASME Boiler and Pressure Vessel Code, Section I, II, IV, V, VI and VIII, 2010”.

   8. Delete Section 3.2.7 and replace with Section 3.2.7 of NFPA 45-2015.

   9. In Section 3.3.14, add “for students” after the word “purposes” and delete “by six or more persons for four or more hours per day or more than 12 hours per week”.

   10. Add a new section, 3.3.24.1, by inserting Section 3.3.24 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 3.3.24.1.

   11. Delete Section 3.3.31 and replace with Section 3.3.31 of NFPA 45-2015, except delete “under the direct supervision of an instructor” and add a sentence to the end, to read “Laboratory units used for graduate or postgraduate research are not considered to be instructional laboratory units.”

   12. Add a new section, 3.3.31.1, by inserting the text of Section 3.3.32 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 3.3.31.1.

   13. Delete Section 3.3.36 and replace with “3.3.36 Laboratory Unit. An enclosed space of a minimum one-hour fire-rated construction, designed or used as a non-production laboratory. Laboratory units may include one or more separate laboratory work areas, and accessory storage rooms or spaces within or contiguous with the laboratory unit, such as offices and lavatories.”

   14. Add a new section, 3.3.51.1, by inserting the text of Section 3.3.53 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 3.3.51.1.

   15. In Section 3.3.57, delete “Section 6.3 of NFPA 30, Flammable and Combustible Liquids Code” and replace with “FC3404.3.2”.

   16. Delete Section 4.3.1 and replace with Section 1.1.4 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 4.3.1, except:

      16.1   In Section 1.1.4, insert “listed below” after the word “concentrations”, and delete “, the following” from the second sentence.

      16.2   Insert a semicolon to the end of Sections 1.1.4(1), 1.1.4(2) and 1.1.4(3).

      16.3   In Section 1.1.4(4), insert “; and” after “peroxides”.

      16.4   Insert a period to the end of Section 1.1.4(5).

      16.5   Delete the sentence after Section 1.1.4(5).

   17. In Section 5.6, delete “NFPA 70, National Electrical Code” and replace with “the Electrical Code”.

   18. In Section 5.6.2, delete “Article 500 of NFPA 70, National Electrical Code” and replace with “the Electrical Code”.

   19. Delete Section 6.6.3.1 and replace with Section 6.5.3.1 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 6.6.3.1, except:

      19.1. In the section title, delete “Provisions Within the Emergency Action Plan” and replace with “Emergency Plan”.

      19.2. Delete the first sentence and replace with “The owner of a chemical laboratory shall cause plans for laboratory emergencies to be prepared.”

      19.3. In the second sentence, delete “action” between the words “emergency” and “plan”.

      19.4   In Section 6.5.3.1(1), insert a semicolon after “alarm”.

      19.5. In Section 6.5.3.1(2), delete “fire department, governmental agencies, or other emergency responders or contacts, as required” and replace with “Fire Department and other emergency response agencies;”.

      19.6   In Section 6.5.3.1(3), before “as applicable” insert “including primary and secondary evacuation routes,” and insert a semicolon to the end of the section.

      19.7   In Sections 6.5.3.1(4) and 6.5.3.1(7), insert a semicolon to the end of the section.

      19.8. In Section 6.5.3.1(5), insert “regular emergency” between the words “conducting” and “drills”, and insert a semicolon to the end of the section.

      19.9   In Section 6.5.3.1(6), delete “shutdown” and replace with “shut down”, and insert a semicolon to the end of the section.

      19.10. Delete Section 6.5.3.1(8).

      19.11. Renumber Section 6.5.3.1(9) as 6.5.3.1(8), and insert a semicolon to the end of the section.

      19.12   Renumber Section 6.5.3.1(10) as 6.5.3.1(9), and insert “; and” to the end of the section.

      19.13   Renumber Section 6.5.3.1(11) as 6.5.3.1(10), and delete “to be taken”, and insert a period to the end of the section.

   20. Add a new section, 6.6.3.3, by inserting the text of Section 6.5.3.3 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 6.6.3.3, except move “on the emergency plan” from the end of the sentence to between the 6 words “trained” and “prior”, and add a sentence to the end, to read “Records for such training shall be maintained in accordance with FC107.7.”

   21. Add new sections, 6.7 through 6.7.4, by inserting the text of Sections 6.6, and 6.6.2 through 6.6.5 of NFPA 45-2015. For purposes of the Fire Code Referenced Standard, Section 6.6 is renumbered as 6.7, and Sections 6.6.2, 6.6.3, 6.6.4 and 6.6.5 are renumbered as 6.7.1, 6.7.2, 6.7.3 and 6.7.4 respectively, except:

      21.1. In Section 6.6.2, delete “where” and replace with “by any person that uses”, and delete “are used”.

      21.2. In Section 6.6.3, insert a comma after the word “worn”, insert “, by any person that uses” after the word “possible”, and delete “are used”.

      21.3. In Section 6.6.4, delete “Natural-fiber” and replace with “Any person that uses pyrophoric reagents outside the inert atmosphere of a glovebox shall wear natural-fiber”, delete “shall be worn”, insert “their” after the word “under”, delete “the” after the word “on” and replace with “their”, and delete “where pyrophoric reagents are used outside the inert atmosphere of a glovebox” after the word “feet”.

   22. Add a new section, 7.1.3, by inserting the text of Section 7.2.2.1 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 7.1.3, except in the first sentence of such section, insert “involving the handling and use of hazardous materials” after the word “operations”, and in the second sentence of such section, delete “in a safe condition” and replace with “safely”, delete “during the time that” and replace with “until”, and delete the word “exists” and replace with “is corrected”.

   23. Delete Section 8.13.2 and replace with “All activities inside the hood shall be suspended immediately following the discovery of deficiencies that cause the hood to perform outside of limits established by regulatory authority requirements and/or nationally recognized industry standards”.

   24. Delete Section 9.2.3.4 and replace with Sections 8.2.4.4 and 13.4.2 of NFPA 45-2015, which are combined into a single section and renumbered for purposes of the Fire Code Referenced Standard as 9.2.3.4, except:

      24.1. In Section 8.2.4.4, delete the words “might”, “(i.e., time sensitive)”, and “, and properly managed”.

      24.2. In the first sentence of Section 13.4.2, insert “in unopened containers” after the word “storage”, insert “also” between the words “shall” and “be”, and delete “upon receipt and when first opened to facilitate hazard control” and replace with “when received into the laboratory chemical inventory”.

      24.3. In the second sentence of Section 13.4.2, replace “Materials” with “Such materials”, insert “managed and” before the word “disposed”, insert a comma after the word “date”, and delete “(SDSs)(see 8.2.4.4 and A.8.2.4.4)”.

   25. Delete Section 9.2.3.4.1 and replace with Section 8.2.4.4.1 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 9.2.3.4.1, except

      25.1   In Section 8.2.4.4.1 and (1), delete “shall consist of the following elements” and replace with the word “includes”, insert “-” between the words “time” and “sensitive”, and after the word “sensitive” insert “(materials that become hazardous during prolonged storage);”.

      25.2   In Section 8.2.4.4.1(2), insert a semi-colon after the word “frequency”.

      25.3   In Section 8.2.4.4.1(3), insert “; and” after the word “material”.

      25.4   In Section 8.2.4.4.1($), insert a period after the word “results”.

   26. Add a new section, 9.2.3.7, by inserting the text of Section 8.2.4.7 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 9.2.3.7, except delete “shall be” and replace with “is”, and add a new sentence to the end, to read “This prohibition does not apply to the storage of chemicals used in a long term experiment or research, chemicals for which special ventilation requirements are recommended based on the unusually hazardous nature of the chemicals, and any other chemical storage approved by the Fire Department.”

   27. Delete Sections 9.3, 9.4 and 9.5 in their entirety.

   28. Add a new section, 9.3, to read “9.3 Chemicals.” and two new sections, 9.3.1 and 9.3.2, by inserting the text of Sections 8.2.3.6 and 8.2.3.7 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 9.3.1 and 9.3.2 respectively, except in Section 8.2.3.7, delete “(SDS)”.

   29. Add new sections, 9.4 through 9.4.5, by inserting the text of Sections 8.3, 8.3.2, 8.3.3, 8.3.5, 8.3.4 and 8.3.6 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 9.4, 9.4.1, 9.4.2, 9.4.3, 9.4.4 and 9.4.5 respectively, except:

      29.1. In Section 8.3.3, replace “with the hazards of the waste chemicals” with “in accordance with the regulations of the New York State Department of Environmental Conservation”.

      29.2. In Section 8.3.5, replace “Waste” with “Flammable and combustible liquid waste”, replace “type” with “types”, and replace “9.1.2” with “10.1.4”.

      29.3. In Section 8.3.4, replace “not exceed 20 l (5 gal)” with “that are not required to comply with the requirements of Section 9.4.3 shall be subject to the maximum container sizes and types in accordance with Class II combustible liquids set forth in Table 10.1.4”.

      29.4. In Section 8.3.6, replace “subject to” with “included in”.

   30. In Section 10.5.1, replace “NFPA 30, Flammable and Combustible Liquids Code” with “FC3404.3.2”.

   31. Add new sections, 12.1.7 through 12.1.7.11, by inserting the text of Sections 11.2.6 through 11.2.6.11 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 12.1.7 through 12.1.7.11 respectively, except in Section 11.2.6.3, replace “6.6” with “6.7”.

   32. Add new sections, 12.1.8 and 12.1.8.1, by inserting the text of Sections 11.2.7 and 11.2.7.1 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 12.1.8 and 12.1.8.1 respectively, except:

      32.1. In the second sentence of Section 11.2.7.1(2), replace “Tubing” with “Hose/tubing”, replace “clamped” with “gas-tight”, and add a sentence at the end, to read “Prior to each use, all connections shall be verified for tightness.”.

      32.2. Add a new Section 11.2.7.1(5), to read “(5) Combustible materials shall be kept at least 0.610 m (2 ft) away from the open flame.”.

   33. Add a new section, 12.1.8.2, by inserting the text of Section 11.2.7.2 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 12.1.8.2, except:

      33.1. In Section 11.2.7.2, replace “11.2.7.1” with “12.1.8.1”.

      33.2. In Section 11.2.7.2(1), insert “(0.1 pt)” after “50 ml”.

   34. In Section 12.2.1.1, delete “, including NFPA 70, National Electrical Code” and replace with “and the Electrical Code”.

   35. In Section 12.2.2.2, delete “Article 501 of NFPA 70, National Electrical Code” and replace with “the Electrical Code”.

   36. In Section 12.2.2.2.1(1), delete “Article 501 of NFPA 70, National Electrical Code” and replace with “the Electrical Code”.

   37. In Section 12.2.2.3, delete “Article 501 of NFPA 70, National Electrical Code” and replace with “the Electrical Code”.

   38. Add a new chapter, 14, by inserting the text of Chapter 12 of NFPA 45-2015, except:

      38.1. Chapter 12 is renumbered as 14.

      38.2. Section 12.1 is renumbered as 14.1, except delete “new and existing”.

      38.3. Add a new section, 14.2, to read “14.2 Supervision. Educational laboratory units and instructional laboratory units shall be under the direct supervision of an instructor while the laboratory is in operation.”

      38.4. Add a new section, 14.3, to read “14.3 Hazard Risk Assessment. Prior to instructors performing demonstrations or students conducting experiments using hazardous chemicals, a documented hazard risk assessment shall be performed. A hazard risk assessment is a written document prepared by a qualified person, and shall include all of the following:

         (1) An evaluation of the hazards of the demonstration or experiment;

         (2) Appropriate personal protective equipment required;

         (3) Safe work procedures;

         (4) Emergency procedures; and

         (5) Waste disposal procedures.”

      38.5. Section 12.2 is renumbered as 14.4 and in such section, replace “Where” with “Whenever”, and replace “required to perform a documented hazard risk assessment, provide a safety briefing to students, provide adequate personal protective equipment (PPE), and place a safety barrier (as required)” with “fully familiar with the hazard risk assessment, provide a safety briefing to students, ensure that adequate personal protective equipment has been provided and is being properly used, and ensure that safety barriers, when required by 14.5.2.1.3, are in place”.

      38.6. Section 12.2.1 is renumbered as 14.4.1, except replace “PPE” with “personal protective equipment”.

      38.7. Section 12.3 is renumbered as 14.5.

      38.8. Section 12.3.1 is renumbered as 14.5.1 and in the first sentence of such section, replace “labs” with “laboratories”, in the second sentence of such section, replace “lab classroom” with “laboratory” and replace “one day’s use, preapportioned to the amount needed for each class session” with “daily use in the laboratory”, and in the last sentence of such section, replace “amount of chemical that is not in use during an individual class session” with “chemicals stored in an educational laboratory” and add at the end “, except for the amounts actually in use during an individual class session”.

      38.9. Section 12.3.1.1 is renumbered as 14.5.1.1, except replace “9.1.1” with “10.1.1” and replace “fire or building codes” with “the Fire Code and the Building Code”.

      38.10. Section 12.3.1.2 is renumbered as 14.5.1.2.

      38.11. Section 12.3.1.3 is renumbered as 14.5.1.3.

      38.12. Section 12.3.1.4 is renumbered as 14.5.1.4.

      38.13. Section 12.3.1.5 is renumbered as 14.5.1.5, except replace “only when” with “while”.

      38.14. Section 12.3.2 is renumbered as 14.5.2.

      38.15. Section 12.3.2.1 is renumbered as 14.5.2.1, except replace “12.3.2.1.1”, “12.3.2.1.2”, “12.3.2.1.3” and “12.3.2.1.4” with “14.5.2.1.1”, “14.5.2.1.2”, “14.5.2.1.3” and “14.5.2.1.4” respectively.

      38.16. Section 12.3.2.1.1 is renumbered as 14.5.2.1.1, except delete “primary”.

      38.17. Section 12.3.2.1.2 is renumbered as 14.5.2.1.2, except delete “being evolved” at the end of the first sentence, and delete the last sentence.

      38.18. Section 12.3.2.1.3 is renumbered as 14.5.2.1.3, except replace “12.3.2.1.4” with “14.5.2.1.4”.

      38.19. Section 12.3.2.1.4 is renumbered as 14.5.2.1.4.

      38.20. Section 12.3.2.2 is renumbered as 14.5.2.2.

      38.21. Section 12.3.2.3 is renumbered as 14.5.2.3, except replace “In educational and instructional laboratories where experiments are conducted by students, the” with “The”, replace “be responsible for conducting” with “conduct”, and insert “conducted by students” between the words “experiment” and “to”.

Chapter 49: Miscellaneous

§ 4900-01 Adjudications.

(a) Scope. This section sets forth the Department's policy with respect to adjudi- cations.
  1. Definitions. The following term shall, for purposes of this section and as used elsewhere in the rules, have the meaning shown herein.

OATH. New York City Office of Administrative Trials and Hearings.

  1. Adjudications. Pursuant to New York City Charter § 1043, the Department designates OATH as the forum for adjudication of any matters requiring adjudication. The OATH administrative law judge shall submit to the Fire Commissioner the record of the hearing conducted in the matter and a written report of the hearing, including proposed findings of fact and conclusions of law, a recommended decision and, if applicable, a recommended penalty. The Fire Commissioner shall render the final determination of the matter.

§ 4900-02 Schedule of Charges for Fire Department Ambulance Transport Service.

(a) Scope. This section sets forth the charges for Fire Department ambulance transport service.
  1. Effective March 12, 2017, the charges for Fire Department ambulance transport service are as follows:
Type of Service Charge
Basic Life Support Ambulance $775.00
Advanced Life Support Ambulance Service Level 1 (ALS1) $1,310.00
Advanced Life Support Ambulance Service Level 2 (ALS2) $1,420.00
Additional Charges:  
– Mileage (distance traveled to hospital) $15.00/mile
– Provision of Oxygen (as applicable) $66.00

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