New York City Fire Code / Frequently Asked Questions

GENERAL FAQs

1. What is the Fire Code?

The New York City Fire Code is a City law that establishes fire safety requirements for a wide range of activities in New York City.  These requirements govern such matters as emergency preparedness; the prevention and reporting of fires; the manufacture, storage, handling, use and transportation of hazardous materials and combustible materials; the conduct of various businesses and activities that pose fire hazards; and the design, installation, operation and maintenance of the buildings and premises that house such materials, businesses and activities.

2. To whom does the Fire Code apply?

The Fire Code applies to all persons and places in New York City.  Everyone must comply with its prohibitions and fire safety requirements.  Persons and businesses that conduct or supervise the activities regulated by the Fire Code may also be required to obtain permits and certificates that authorize them to engage in those activities.

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3. When does the new Fire Code take effect?

The new Fire Code took effect on July 1, 2008.

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4. Is there a “grace period”, as there is for the Building Code, under which it is optional to file with the Fire Department under either the repealed New York City Fire Prevention Code or new Fire Code?

No, there is no such grace period.

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5. How can I tell whether a Fire Code section is new or derived from an existing provision of the Fire Prevention Code or Fire Department rule?

The Fire Department has prepared a cross-reference table which can be used to identify the Fire Code section corresponding to the repealed Fire Prevention Code section.

To view the Fire Code Cross-Reference Table

For certificates of fitness, certificates of qualification and company certificates, see Chapter 1 Frequently Asked Question #6.

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6. I have questions about the new Fire Code. Who should I contact at the Fire Department to obtain assistance?

The best way to obtain assistance regarding the meaning of the new Fire Code is to monitor this Frequently Asked Questions page and to use the Fire Code inquiry form on this web site.

            To submit a Fire Code question

You may also submit your inquiry in writing to: Code Revision Unit, Bureau of Legal Affairs, New York City Fire Department, 9 MetroTech Center, Brooklyn, NY 11201-3857.

Due to the anticipated volume of inquiries, it will not be possible to obtain by telephone an official interpretation of the Fire Code or other official guidance upon which you can rely.

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7. Will the existing Fire Department rules (as set forth in Title 3 of the Rules of the City of New York) remain in effect after the new Fire Code becomes effective?

Yes.  The existing Fire Department rules will remain in effect until such time as they are repealed and new rules are promulgated.

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8. Does the Fire Department anticipate making any changes to its rules in light of the new Fire Code?

Yes. In connection with the new Fire Code, the Fire Department will be repealing and repromulgating all of its rules. To make them easier to locate and use, the new rules will be reorganized and renumbered to parallel the Fire Code chapters and sections to which they correspond. The proposed rules will also be revised to conform to the terminology of the new Fire Code, and, as necessary, revised to amend or clarify various requirements.

The proposed rules will be posted on this web site, in accordance with the Fire Department’s regular practice.

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9. When will the Fire Department be promulgating its new rules?

The first installment of new rules became effective on November 17, 2008. The second installment of new rules became effective on April 5, 2009. The third installment of new rules became effective on August 23, 2009. They may be viewed on this website on the “RCNY” page.

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10. Since July 1, 2008, the Fire Department has repealed 95% of its former rules. How can I tell where in the new rules or Fire Code these requirements can be found?

The Department has prepared a cross-reference table which can be used to identify the new rule section or Fire Code section corresponding to the repealed rule section.

To view the Repealed Rules Cross-Reference Table

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11. Where can I obtain a copy of the published version of the new Fire Code?

The new Fire Code can be purchased online or at CityStore, in the Municipal Building at One Center Street, North Plaza, in Manhattan.

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12. What will happen to the fire code in effect prior to July 1, 2008?

The Fire Code in effect prior to July 1, 2008, known as the New York City Fire Prevention Code, is repealed effective July 1, 2008.

However, some of the design and installation provisions of the Fire Prevention Code may continue to be applicable to certain “pre-existing” installations that will be allowed to remain after the new Fire Code took effect on July 1, 2008, even though they are not in compliance with the new Fire Code’s requirements. The Fire Department will be consolidating such Fire Prevention Code provisions in Chapter 48 of the Fire Department rules for convenient reference.

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13. How can I register a complaint with the Fire Department regarding a potential violation of the Fire Code or Fire Department rules?

A complaint regarding a potential violation of the Fire Code can be reported to the Fire Department’s Bureau of Fire Prevention Field Public Communication Unit at (718) 999-2541.

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Chapter 1 - ADMINISTRATION

1. I understand that all the designs from July 1, 2008 must comply with the new Fire Code, but is there any “grandfathering” for installations that were approved or are under construction prior to July 1, 2008?

FC102.3 addresses facilities and conditions “lawfully existing” on June 30, 2008 that would not be allowed or approved under the Fire Code (which took effect on July 1, 2008). Clarification of the scope and meaning of FC102.3 is set forth in Fire Department rule 3 RCNY 102-01.

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2. FC102.3 states that lawfully existing facilities whose design and installation would not be allowed or approved under the Fire Code can be continued under prior laws, rules and regulations. The section contains certain exceptions, one of which requires compliance with the Fire Code when the part of the building in which the installation exist undergoes alteration. Is alteration defined?

Yes. FC202 defines “alteration” as any addition to, or modification of, an existing installation, other than repairs made in the ordinary course of maintenance. An example of an alteration would be the installation of a new system, or the removal and replacement of an existing system. An example of an ordinary repair would be the servicing or replacement, in kind, of components of an existing installation.

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3. Is there a convenient way to identify the types of installations that require design and installation documents to be submitted to the Fire Department for approval?

Yes.  FC105.4 lists the Fire Code sections requiring submission of design and installation documents.

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4. Is there a convenient way to identify the Fire Code’s permit requirements, especially those that are new?

Yes.  FC 105.6 lists all of the permits required by the new Fire Code. For convenient reference, the Fire Department has prepared a list of all of the new permit requirements.

To view a list of those permit requirements that are new to the Fire Code

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5. Am I required to obtain a permit for an existing business or activity that did not previously require a permit?

Yes. Existing businesses will be required to secure permits that are now required by the Fire Code, even if they were not required previously.  You will have until July 1, 2009 (one year from the effective date of the Fire Code) to obtain the new permit.

If the permit is for an existing installation (such as a storage room or stationary tank for the storage of corrosive liquids) in most cases existing businesses will generally not be required to comply with new Fire Code design and installation requirements in order to obtain the permit.  The exceptions are set forth in FC102.3 and Fire Department rule 3 RCNY 102-01.

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6. Is there a convenient way to identify the Fire Code’s certificate requirements, especially those that are new?

Yes. For convenient reference, the Fire Department has prepared a list of all Certificate of Fitness and Company Certificate requirements.

To view a list of all required Certificates of Fitness, including new certificates

To view a list of all required Company Certificates, including new certificates

FC113 lists the general requirements for Fire Department Certificates of Fitness and Certificates of Qualification; FC114 for Certificates of License; and FC115 for Company Certificates. Additional requirements are set forth in the following new Fire Department rules: 3 RCNY 113-01, 113-02 and 113-03 for Certificates of Fitness; 3 RCNY 114-01 for Certificate of License; and 3 RCNY 115-01 for Company Certificates.

Additional information about Fire Department certificates is available on the “Certificates of Fitness” page of this web site.

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7. Am I required to obtain certificates for an existing business or activity that did not previously require a Fire Department certificate?

Yes.  Individuals and existing businesses will be required to secure certificates that are now required by the Fire Code, even if they were not required previously.  You will have until July 1, 2009 (one year from the effective date of the Fire Code) to obtain the new certificate.

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8. I currently hold a certificate issued by the Fire Department.  Is my certificate still valid after the new Fire Code takes effect on July 1, 2008?

Yes.  Your certificate remains valid until its expiration, unless you are notified otherwise by the Fire Department.  Upon renewal, some certificate holders may be required to demonstrate knowledge of the new Fire Code requirements by attending a continuing education program or passing a certificate examination.  Current certificate holders will be notified in advance of the certificate’s expiration date of any such requirements.

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9. What are the Fire Code’s “operational and maintenance” requirements?

Operational requirements are those that relate to the operation and supervision of equipment and premises.  Permits, supervision and certificate requirements, emergency preparedness plans, recordkeeping, prohibitions against smoking, and posting of signage are examples of operational requirements.

Maintenance requirements are those that relate to keeping equipment and premises in good working order and a safe condition.  Housekeeping, servicing and periodic testing and inspection of equipment, and prevention and removal of obstructions to means of egress are examples of maintenance requirements.

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10. As the owner of an existing building or business, am I required to comply with the new Fire Code’s operational and maintenance requirements, or those contained in the repealed Fire Prevention Code?

You are required to comply with the new Fire Code’s operational and maintenance requirements.  The operational and maintenance requirements set forth in the repealed Fire Prevention Code have been entirely superseded by the new Fire Code.

If you encounter a situation where it is impossible or impracticable to comply with the new Fire Code’s operational or maintenance requirements, seek Fire Department guidance as to how to comply with the new Fire Code and/or whether to seek a modification of the Fire Code’s requirements (see General Frequently Asked Question #6).

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11. Are Fire Department Certificates of Approval still required?

Yes, but the articles, equipment and devices for which they are required have largely changed.  Many of the articles, equipment and devices that previously required Certificates of Approval, such as underground motor fuel storage system components (including leak detectors, dispensers and overflow prevention devices), are no longer required to obtain a Certificate of Approval.  Generally, listing by a nationally recognized testing laboratory is now sufficient.

A number of items previously requiring the approval of the New York City Department of Buildings Materials and Equipment Acceptance Unit will now be regulated by the Fire Code.  Specifically, these are fire alarm system control panels, pre-engineered non-water fire extinguishing systems, premanufactured spray booths, pre-manufactured spray rooms, hoods and grease filters installed in connection with commercial cooking systems, Fire Department siamese connections, and standpipe system hose outlets and pressure reducing valves.  New Fire Department rules will more fully explain the standards, requirements and procedures for obtaining a Certificate of Approval for these items and other, articles, equipment and devices.

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12. My facility was granted a Fire Department modification from certain provisions of the repealed Fire Prevention Code.  Will these modifications still be valid under the new Fire Code?

Yes, unless the Fire Department determines that one of the exceptions to pre-existing facilities and conditions set forth in FC102.3 applies to your facility.

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Chapter 2 - DEFINITIONS

1. The new Fire Code uses terminology that is different from the repealed Fire Prevention Code. Are there definitions for Fire Code terms?

Yes.  FC Chapter 2 contains a complete list of all defined terms used in the Fire Code.  FC Chapter 2 sets forth definitions for all administrative terms used in the new Fire Code, as well as referencing, by section number, terms defined in the individual Fire Code chapters.

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Chapter 3 - General Precautions Against Fire

1. Are tar kettles permitted to be utilized on the roof of buildings?

No.  FC303.2.1 prohibits the use of tar kettles on the roof of any building, including buildings with combustible roofs. However, the Department has promulgated a new rule, 3 RCNY 3809-01, which under certain circumstances allows the use of LPG-fueled “asphalt melters” on the roofs of buildings that have noncombustible roofs.

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2. I notice that stores and catalogs advertise and sell for backyard use portable outdoor fire pits. These fire pits burn wood in a metal dish that looks like a big wok, sometimes with screening. I am aware that the Fire Code regulates barbecues. Does it regulate fire pits as well?

Yes. Portable outdoor fire pits that burn wood or other solid fuel (such as manufactured firelogs) are regulated by the Fire Code as an open fire. The Fire Code (FC307.1) prohibits open fires, with a few exceptions, because of the fire hazards they present. The main exception allows barbecues that burn charcoal, propane or piped natural gas to be used on residential property. The fuels used in a barbecue generate heat or a controlled flame, as opposed to the uncontrolled fire that is created by the open burning of wood in fire pits.

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3. I am the managing agent for a new high-rise apartment building. The tenants would like to barbecue on the balconies, roof decks, rear yards and courtyards. Does the Fire Code have any restrictions or prohibitions?

Yes. FC307.5 regulates the use of charcoal, piped natural gas, LPG and electric barbecues. You should refer to this section for complete requirements.

Standard “backyard-type” propane barbecues (using 20 pound LPG containers) are not allowed on balconies, roof decks, rear yards and courtyards of apartment buildings and other multiple dwellings.

All barbecues must be placed at least 10 feet from combustible material and combustible waste. This 10 foot separation requirement would apply to, among other things, any building of combustible construction, combustible building siding, combustible furnishings such as plastic or wood chairs and tables, and combustible decking. In addition, a garden hose attached to a water supply or a portable fire extinguisher must be nearby and readily available for use.

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4. I own an electric cooking grill which has its heating elements embedded within a solid cooking surface. Is this type of grill considered an “electric barbecue” regulated by FC307.5.1?

No. An electric grill which has its heating elements embedded within a solid cooking surface is not an electric barbecue. For purposes of FC307.5.1, an electric barbecue is any device designed for heating or cooking food on an open grate cooking surface above exposed heating elements. Such electric grills present the fire safety hazard of grease from the heating or cooking process dripping on the heating elements and being ignited.

It is important to note that barbecue-size electric grills require a substantial amount of electric current. Be sure that the electrical outlet into which you plug the grill has sufficient current to safely operate the grill (see Chapter 6, Frequently Asked Question #3) and that if you use an extension cord you comply with the fire safety requirements of FC605.5.

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5. FC310.3 requires that “no smoking” signs be posted at locations where smoking is prohibited by the Fire Code. What content, lettering, size and color is required of such signs?

The Fire Department has published an approved “No Smoking” sign. It is set forth in Fire Department rule 3 RCNY 310-02. However, the Fire Department does not mandate that this design be used. Other legible, durable signs, clearly communicating the “no smoking” requirement, may be used, but are subject to Fire Department enforcement action if found to be inadequate.

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Chapter 4 - Emergency Planning and Preparedness

1. I own a building that is occupied as a store on the street level, with two below-grade floors used for storage and offices. Am I required to prepare and submit to the Fire Department a fire safety and evacuation plan?

If the building is an underground building (as defined in FC402.1) occupied or designed to be occupancies by more than 100 persons below street level, or if you are a Group M occupancy (as defined in the Building Code) in which more than 25 persons are employed or meeting the occupancy requirements of FC404.2.1(6), the owner must prepare a fire safety and evacuation plan.

There is no obligation for owners of underground buildings or Group M occupancies to file a fire safety and evacuation plan with the Fire Department at this time.  The Fire Department will be promulgating a rule setting forth requirements for such plans.

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2. Do college dormitories (classified by the Building Code as Group R-1 occupancies) require a fire safety director, and is a fire safety and evacuation plan or a fire safety guide and notice required?

FC401.6.5 requires that Group R-1 college or school student dormitories that are occupied or designed to be occupied by more than 500 persons, or that are more than six stories or 75 feet in height, designate a fire safety director. This requirement became effective on July 1, 2009. Guidance with respect to this requirement will be the subject of a forthcoming rulemaking proceeding.

FC408.10 requires that Group R-1 occupancy school and college dorms prepare a fire safety and evacuation plan, or prepare and distribute a fire safety guide and notice, as prescribed by the Commissioner by rule. Guidance with respect to this requirement will be the subject of a forthcoming rulemaking proceeding.

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Chapter 5 - FIRE OPERATION FEATURES

1. I understand that FC503.1.1 requires a fire apparatus access road from a public street to the frontage space of a building. The definition of “frontage space” in FC502.1 refers to a street or open space outside of a building that is within 30 feet of the main front entrance to the building and not less than 30 feet in any dimension. I understand that the Building Code has a different definition of “frontage space.”
   
   How should the term “frontage space” be interpreted, and at what distance from a public street does a fire apparatus access road need to be provided?
   

The Fire Code uses the term “frontage space” to refer to a 30-foot by 30-foot unobstructed space in front of the “main front entrance” to a building.  If the main front entrance of a building is more than 30 feet from a public street, a fire apparatus access road is required from the public street or private road to the frontage space.

The New York City Building Code’s definition of frontage space (set forth in BC502.1) and the Building Code provision specifying when a frontage space is required (in BC501.3.1) are different from the Fire Code’s definition (in FC502.1) and requirements.  A development must comply with both Building Code and Fire Code requirements.

The New York City Building Code (BC501.3.1) generally requires a 30-foot by 30-foot unobstructed space adjoining every building.  (For buildings without a large front yard, the sidewalk and the street can be included in meeting the frontage space requirement.)  The intent of this frontage space is to allow direct access to the building by fire apparatus and other vehicles.  (See Figure 1.)

However, the Building Code does not require that this space be located on the “front” of the building, where the main front entrance and windows typically provide the best access to the building for firefighting operations.  The Fire Department generally organizes its firefighting operations from the front of the building.

Accordingly, the Fire Code was drafted to require that the required 30’ by 30’ frontage space directly adjoin the main front entrance.  However, the wording of FC502.1 definition of frontage space has created some confusion.  The Fire Department interprets FC502.1 to require that the minimum 30’ by 30’ frontage space be situated directly in front of the building, including the area directly in front of the main front entrance.  (Building lots that are less than 30 feet in width can comply with this requirement by providing an unobstructed frontage space for the full width of the lot.)

The main entrance to a building may not always be on the face of the building that is generally recognizable as the “front” of the building.  The term “front” in “main front entrance” refers to that face of the building that is most accessible for firefighting operations (see Figure 2).  Fire Department plan review may be required in cases where the main entrance is not on the front of the building.

Where a building has more than one occupancy and the occupancies have separate entrances, the Fire Code requires a separate frontage space for the “main front entrance” to each occupancy.  In the case of a single two-family dwelling with one or both of the entrances more than thirty feet (30’) from the street, the Fire Department will accept (by modification) unobstructed five foot access to the rear yard of the building in lieu of a second frontage space.  (See Frequently Asked Question #2.)

The definition of frontage space has a bearing on the Fire Code’s fire apparatus access road requirements because FC503.1.1 requires that a fire apparatus access road be provided from a public street to the frontage space of a building.

When the main front entrance of a building is more than thirty feet (30’) from the street that provides access to the building, it can no longer be said to front directly on a street, and a fire apparatus access road must be provided from the street to the frontage space of the building.

When a building is located within a private residential or commercial development, the fire apparatus road required by FC503.1.1 is the private road that proceeds from the public street into the development to the particular property upon which the building is situated.  If the main front entrance of the building is set back more than thirty feet (30’) from the “street” (i.e., the private road to the property), the fire apparatus access road must be “extended” by a fire apparatus access road to the frontage space of the building (see Figure 3).

The requirement that a fire apparatus access road connect a building to the street when the building’s main front entrance is set back more than 30 feet from the street is similar to the Building Code requirement for a “driveway” to the frontage space, but it is not a “driveway” in the commonly-used sense of the term, as a paved surface leading to a parking space or garage.

In implementing the Fire Code, concerns have been expressed about the need for a fire apparatus access road that is 38 feet wide (or even one that is 34 or 30 feet wide, as authorized by FC503.2.1 for some developments) when the road is being designed and will be used exclusively to provide for access to a one-family or two-family home or certain small commercial developments.  This issue is addressed in Frequently Asked Questions #4 and 5.

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2. I understand that FC503.1.1 requires that a fire apparatus access road be provided to the frontage space of any building, including one-family and two family homes, where the main front entrance is more than 30 feet from the street.
   
   However, a fire apparatus access road of the size required by the Fire Code (38 feet wide, or 30 or 34 feet wide in certain circumstances) would be as large as, or larger than, the front yard of a typical one-family or two-family home. Is there any alternative to providing such a large fire apparatus access road?

The Fire Department recognizes that the typical one-family or two-family dwelling, even if it is set back more than 30 feet from a public street, does not require a fire apparatus access road of the size and construction required for access to other types of developments.  As set forth below, the Fire Department has established interim guidelines for the granting of a modification (variance) (pursuant to the Fire Department’s authority under FC104.8) from the fire apparatus access road requirements of FC503.2.1.  The Fire Department has also authorized the Department of Buildings to approve certain applications that demonstrate compliance with the interim guidelines. Such applications will be deemed to have been granted a modification.

FC503.1.1 requires a fire apparatus access road to the frontage space of each building to ensure that an emergency response is not impeded by narrow, obstructed streets.  Ordinarily, the fire apparatus access road is the street leading to the property, culminating in the street in front of the building.  However, when the main front entrance of a building is more than 30 feet from the street, the building can no longer be said to front directly on the street, and a fire apparatus access road is required to “extend” the street to the frontage space of the building.

Accordingly, the Fire Department intends to revise this requirement as it relates to any one-family or two-family dwelling with a main front entrance more than 30 feet from the street that is accessed by means of a driveway designed and used solely for that building and that meets the requirements of the New York City Building Code or is otherwise approved by the New York City Department of Buildings.

Revising this requirement will require amendment of the Fire Code.  Pending amendment of the Fire Code (and adoption of interim rules incorporating these standards for issuance of modification), the Fire Department will grant modifications (variances) of this requirement.  In accordance with the standard set forth in FC104.8, modification may only be granted if provision is made to ensure an equivalent level of fire safety.  The conditions set forth below for the issuance of standard modifications are design features and other measures that would serve to mitigate and offset the consequences of a delayed Fire Department response resulting from impediments to fire apparatus access.

1. ONE-FAMILY AND TWO-FAMILY DWELLINGS WITH ANY MAIN FRONT ENTRANCE LOCATED MORE THAN THIRTY FEET (30’) FROM THE STREET LINE (AS MEASURED ALONG THE ROUTE OF THE FIRE APPARATUS ACCESS ROAD) BUT NOT MORE THAN ONE HUNDRED FEET (100’)
   
   The Fire Department will authorize the Department of Buildings to approve applications for construction of new Occupancy Group R-3 (one-family and two-family) dwellings with modified fire apparatus access if they are designed, constructed and maintained in accordance with the following interim guidelines:
   1. The width of the required fire apparatus access road would comprise more than twenty percent (20%) of the width of the property, as measured along the street line; and
   2. The fire apparatus access road is designed and is used exclusively to provide access only to a single building (one-family or two family dwelling), and to no other non-accessory buildings or premises; and
   3. he fire apparatus access road is designed and constructed in compliance with the requirements of the New York City Building Code for driveways, or as otherwise approved by the New York City Department of Buildings; and
   4. The height of the building does not exceed thirty five feet (35’) above the grade plane (with the terms “building height” and “grade plane” having the meanings set forth in BC502.1); and
   5. The dwelling(s) are equipped with interconnected smoke alarms, in accordance with BC907.2.10; and
   6. Each main front entrance to the dwelling is provided with a minimum 30’ by 30’ frontage space, except as otherwise provided in A7; and
   7. If a two-family dwelling, unobstructed access, five feet in width, is provided to the rear yard and to the main front entrance of any dwelling unit which is not directly accessible from the street or the driveway serving as the fire apparatus access from the street (see Figure 1).  Such access will be accepted in lieu of a second frontage space for a dwelling unit that does not front on the street.

2. ONE-FAMILY AND TWO-FAMILY DWELLINGS WITH ANY MAIN FRONT ENTRANCE LOCATED MORE THAN ONE HUNDRED FEET (100’) FROM THE STREET LINE (AS MEASURED ALONG THE ROUTE OF THE FIRE APPARATUS ACCESS ROAD) BUT NOT MORE THAN ONE HUNDRED FIFTY FEET (150’)
   
   The Department of Buildings will issue an objection requiring the applicant to obtain Fire Department approval if the development does not provide a fire apparatus access road in compliance with FC503.2.1. The Fire Department will grant a modification for construction of new Occupancy Group R-3 (one-family and two-family) dwellings with modified fire apparatus access if the building is designed, constructed and maintained in accordance with the following interim guidelines:
   1. The proposed development complies with Interim Guidelines A1 through A7 above, except that, in lieu of the driveway allowed by A3, a fire apparatus access road must be provided that is designed and constructed with an unobstructed width of not less than twenty feet (20’), curb to curb; with a roadway designed and constructed in compliance with the design specifications set forth in FC503.1.1; and
   2. The one-family or two-family dwelling served by the fire apparatus access road (and any future additions) is protected throughout by a sprinkler system designed and installed in compliance with the requirements of the New York City Building Code BC903; and
   3. At least two off-street parking spaces for a one-family dwelling (three for a two-family dwelling) are be provided and maintained on the premises separate from the fire apparatus access road; and
   4. Parking shall be prohibited on the fire apparatus access road, and a “No Parking” sign conforming to the requirements of FC503.7 shall be conspicuously posted at the entrance to the access road; and
   5. The frontage space to which the fire apparatus access road provides access shall be designed and constructed in accordance with the requirements for such space set forth in FC502.1 (definition of “frontage space”), and maintained as such.
3. ONE-FAMILY AND TWO-FAMILY DWELLINGS WITH ANY MAIN FRONT ENTRANCE LOCATED MORE THAN 150 FEET FROM THE STREET LINE
   
   The Department of Buildings will issue an objection requiring the applicant to obtain Fire Department approval if the development does not provide a fire apparatus access road in compliance with FC503.2.1. The Fire Department will consider granting a modification of the fire apparatus access requirement on a case by case basis.

These interim guidelines only apply to new developments (as defined in FC502.1), including any construction work that must be filed as a New Building application under New York City Department of Buildings Technical Procedure and Policy Notice (TPPN) #1/02 (as amended by TPPN#1/05).

These interim guidelines do not authorize the construction, use or occupancy of a building contrary to the Building Code, Zoning Resolution or other applicable provisions of law.

This response does not apply when the fire apparatus access road serves any building other than a single one-family or two-family dwelling (excluding any detached garage, garden shed or other accessory building). This response does not apply to “house behind a house” developments.

Submission of a modification application (available on the Fire Department’s website) and a site plan that is clearly marked to indicate compliance with each interim guideline (such as notes documenting each required dimension or design feature), will facilitate timely Fire Department review.

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3. I am an architect that is designing a commercial strip mall that is set back more than thirty feet from the street. The mall will have three stores, each with a main front entrance, and a parking lot complying with off street parking zoning requirements and the 24 foot wide parking lot lanes required by FC504.5.
   
   I understand that FC503.1.1 requires that a fire apparatus access road be provided to the frontage space of a building if the building is set back more than 30 feet from the street, and that FC503.2.1 generally requires that the fire apparatus access road be 38 feet wide.
   
   Does the fire apparatus access road to the three store entrances have to be 38 feet wide? That would be almost 60% wider than the required width of the parking lot lanes between parked cars. At what location in the development does the fire apparatus access road terminate?

The Fire Department recognizes that in small commercial strip malls and other small commercial developments situated in a parking lot setting, with main front entrances more than 30 feet from a public street, it may be impracticable, and unnecessary for firefighting operations, to provide a fire apparatus access road of the size and construction required for access to other types of developments.  As set forth below, the Fire Department will consider, on a case-by-case basis, granting modifications (variances) pursuant to its authority under FC104.1 when the application incorporates the design guidelines set forth below.

FC503.1.1 requires a fire apparatus access road to the frontage space of each building to ensure that an emergency response is not impeded by narrow, obstructed streets.  Ordinarily, the fire apparatus access road is the street leading to the property that culminates in the street in front of the building.  However, when the main front entrance of a building is more than thirty feet (30’) from the street that provides access to the building, it can no longer be said to front directly on a street, and a fire apparatus access road must be provided from the street to the frontage space of the building. (See Frequently Asked Question #2.)

Although maintenance of access to the main front entrances of commercial buildings is critical for firefighting operations, when such buildings are situated in a parking lot setting, the immediate availability of parking generally minimizes impediments to fire apparatus access, except at the main front entrances to the stores, where vehicles constantly stop to discharge and load passengers and their purchases.  The area in front of the building may be used for parking in certain developments because the frontage requirements of the New York City Building Code do not necessarily require that the 30 foot by 30 feet unobstructed frontage space be situated in front of the stores’ main front entrances.

With these concerns and considerations in mind, the Fire Department has concluded that a 38‑foot-wide fire apparatus access road may not be necessary in all small commercial developments, provided that the design of the development eliminates parking and other obstructions at the front of the building in a way that facilitates firefighting operations.  The Fire Department is prepared to grant modification of the fire apparatus access requirement to encourage parking lot design that better serves firefighting operations.

The Fire Department will grant modifications of this requirement on a case-by-case basis.  In accordance with the standard set forth in FC104.8, modification may only be granted if provision is made to ensure an equivalent level of fire safety.  Applications meeting the design criteria set forth below (which would serve to mitigate and offset the consequences of a delayed Fire Department response resulting from impediments to fire apparatus access) are more likely to receive favorable consideration.

Applications for modification of the fire apparatus access road requirement in commercial developments that incorporate the following design criteria are more likely to receive favorable consideration:

1. The property owner demonstrates that compliance with the Fire Code’s fire apparatus access requirement is impracticable, given the size, location and/or configuration of the property (the size of the project and the height of the buildings will be a factor in determining whether to grant a modification); and
2. The building is protected throughout by a sprinkler system designed and installed in compliance with the requirements of the New York City Building Code; and
3. There is a 30 foot by 30 foot unobstructed frontage space in front of each of the main front entrances of the building, which is accessible from at least one fire apparatus access road.  Such frontage spaces may only be used for passenger discharge and loading, and shall be demarcated by yellow road markings as a “fire access lane.” (See Figure 1.)  “No Parking” signs conforming to the requirements of FC503.7 shall be conspicuously posted; and
4. The fire apparatus access road is at least twenty-four foot (24’) in width and is designed and constructed in compliance with the requirements of FC503.1.1; and
5. The location and configuration of the off-street parking for the development serve to obviate obstructions to fire apparatus access.

These design criteria only apply to newly-constructed developments. These design criteria do not authorize the construction, use or occupancy of a building contrary to the Building Code, Zoning Resolution or other applicable provisions of law.

Modification of the fire apparatus access road requirement may be obtained from the Fire Department prior to submitting a building application to the New York City Department of Buildings. The Department of Buildings will issue an objection requiring the applicant to obtain Fire Department approval if the development does not provide a fire apparatus access road in compliance with FC503.2.1. Submission of a modification application (available on the Fire Department’s website) and a site plan that is clearly marked to indicate compliance with each interim guideline (such as notes documenting each required dimension or design feature) will facilitate timely Fire Department review.

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4. The Fire Code requires that fire apparatus access roads have an “unobstructed” width of 38 feet, and that new buildings on public streets with an “unobstructed” width of less than 38 feet be protected throughout by a sprinkler system. What would constitute an obstruction for these purposes?

For purposes of FC503.2.1 and FC503.8.2, a private road or public street has an "unobstructed" width of 38 feet if its roadbed extends 38 feet from curb to curb, and is open to vehicular traffic for that full distance. An "obstruction" for these purposes would be any installation that prevents or impedes vehicular access, such as planters, bollards and fences. Approved speed bumps and legally parked motor vehicles would not be considered an obstruction.

Partial widening of existing streets, such as widening public streets in front of one or more more individual buildings, does not constitute compliance with this requirement. Such a partially widening street does not afford "unobstructed" vehicular access to the property. The intent of these provisions was to address the impediment to fire apparatus access and emergency response resulting from narrow streets, and such partially widened streets do nothing to further this objective, and indeed may exacerbate the problem.

The Department is currently reviewing how to treat streets divided by pedestrian islands. The Fire Code did not intend to prohibit or eliminate such amenities.

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5. The Fire Code allows fire apparatus access roads to be not less than 30 feet wide in Special Hillside Preservation Districts when the road is in compliance with the requirements of Section 119-214 of the New York City Zoning Resolution. Section 105-35 of the Zoning Resolution requires that the paved width of a private road be not more than 34 feet in Special Natural Area Districts. Would the Fire Code provision reducing the required width of fire apparatus access roads in certain zoning districts allow 34-foot wide roads in Special Natural Area Districts?

FC503.2.1(2), which sets forth reduced widths for fire apparatus access roads in Special Hillside Preservation Districts, only applies to those zoning districts.  It does not authorize reduced fire apparatus road widths in Special Natural Area Districts.  However, as Special Natural Area Districts presents circumstances similar to Special Hillside Preservation Districts, the Fire Department will consider an application for modification of FC503.2.1 to allow fire apparatus access roads of 34 feet in Special Natural Area Districts.

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6. FC503.8.2 provides that any building located on a public street with an unobstructed width of less than 38 feet must be protected throughout by a sprinkler system. I understand that FC102.3 exempts an existing building from compliance with this requirement, but the exceptions listed in that section require compliance with the Fire Code requirements when a building “undergoes alteration,” or a “change in use or occupancy,” on or after July 1, 2008.  What type of alterations or changes in use and occupancy would require that an existing building be retrofitted with a sprinkler system?

The primary purpose of FC503.8.2 was to ensure that newly-constructed buildings on public streets whose width may impede fire apparatus access, be sprinklered.  It was not intended that compliance with this sprinkler requirement be triggered by any alteration, no matter how small, to an existing building.  The Fire Code’s definition of “alteration” (in FC202), which references “installations,” does not clearly address this situation.

The Fire Department anticipates that the parameters of the compliance obligations of FC503.8.2 relating to alterations and changes in use and occupancy in existing buildings on public streets of substandard width will be the subject of a future rulemaking.  In the interim, the Fire Department will apply the following guidelines:

An existing building on a public street of substandard width that undergoes alteration or a change in use or occupancy is required to install a sprinkler system throughout such building, when:

1. The cost of making alterations to the building (excluding one-family and two-family dwellings [Occupancy Group R-3]) in any 12-month period exceeds sixty percent (60%) of the value of the building, as set forth in New York City Administrative Code §27-115; or
2. By reason of alteration or otherwise, there is a change in the “main use or dominant occupancy” of the building, as determined by the New York City Department of Buildings for purposes of assigning a single occupancy classification to the building, including any change from a one-family or two-family dwelling (Occupancy Group R-3) to three or more dwelling units (Occupancy Group R-2), but excluding a change in use or occupancy that is limited to restoring a building that was originally constructed as a one-family or two‑family dwelling to its original one-family or two‑family use and occupancy; or
3. There is an increase of more than one hundred twenty-five percent (125%) in the square footage of the floor area of a building (excluding attic, basement and cellar space, as those terms are defined in Section BC202 of the Building Code); or
4. There is a change constituting an alteration under the Building Code (excluding rooftop equipment installations) to a building of combustible (non-fireproof) construction with a height of 35 feet or less above the grade plane, that increases the height of such building to more than 35 feet above the grade plane (with the terms “grade plane” and “building height” having the meanings set forth in Section BC502.1 of the Building Code); or
5. A one-family dwelling is being altered to a two-family dwelling, except where:
1. the alteration involves converting a basement or cellar space to a separate dwelling unit, and the new basement or cellar dwelling unit is protected throughout by a sprinkler system; or
2. the alteration does not involve converting a basement or cellar space to a separate dwelling unit and at least two lawful accessory off-street parking spaces are provided on the premises.

These interim guidelines do not authorize the construction, use or occupancy of a building contrary to the Building Code, Zoning Resolution or other applicable provisions of law.

These interim guidelines do not authorize removal of existing sprinkler systems.  Authorization to remove an existing sprinkler system must be obtained from the New York City Department of Buildings in accordance with the established procedures of that agency.

These interim guidelines have no bearing on newly constructed buildings on public streets of substandard width, which shall comply with the sprinkler requirement of FC503.8.2.  This would include construction and demolition work that must be filed as a New Building application under New York City Department of Buildings Technical Procedure and Policy Notice (TPPN) #1/02 (as amended by TPPN#1/05).

New York City Department of Buildings plan examiners may grant alteration applications that demonstrate compliance with these interim guidelines.  Fire Department review will be required only if the application does not demonstrate compliance with these interim guidelines or there is an issue as to the interpretation or application of the guidelines.

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7. I own a building that is subject to the requirements of FC504.4 for rooftop access and obstructions. Do I have to bring my building into compliance?

No, not at this time.  Lawfully existing installations are not required to comply with the provisions of FC504.4, except with respect to color-coding of conduits and piping and the other operational requirements set forth in FC504.4.2(2) and 504.4.3.  However, an alteration to a lawfully existing rooftop installation would require that the design and installation of such rooftop obstructions be brought into compliance with FC504.4, unless a modification was granted.

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8. What type of alterations to rooftop installations would require that the rooftop comply with the rooftop access and obstruction requirements of FC504.4?

FC202.1 defines “alteration” as any addition to, or modification of, an existing installation, other than a repair made in the ordinary course of business.  An example of an alteration to a rooftop would be the installation of a new refrigerating system or telecommunications installation.  An example of an ordinary repair would be the servicing or replacement, in kind, of components of an existing installation.

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9. Are satellite dishes, television antennas and vent pipes considered to be rooftop obstructions?

Yes.  Other examples of other obstructions are set forth in FC504.4.

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10. With respect to rooftop access and obstructions, is it the intent of FC504.4.2(1) that the roofs of bulkheads and penthouses be provided with perimeter access and clear paths just as the main roof?

Generally, no.  A roof of a bulkhead or penthouse that is not accessible from the frontage space of the building or any other exposure accessible to fire apparatus access (i.e., where the roof is set well back from the perimeter of the building) generally need not comply with the requirements of FC504.4.  However, there may be instances where the location and/or size of the bulkhead or penthouse are such that its roof will be treated as a separate rooftop.  For example, where the bulkhead or penthouse roof is located at the perimeter of an accessible building exposure and/or occupies a substantial portion of the building rooftop, compliance will be required.  The Fire Department often vents stairways and buildings from bulkhead and penthouse roofs, using portable ladders to gain access, and building owners are encouraged to maintain reasonable access for such firefighting operations even if not required by FC504.4.

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11. With respect to rooftop access and obstructions, if the accessible building perimeter is not a whole number multiple of 12, should the number of clearance openings be rounded to the upper or lower multiple of 12?

The rooftop access clearance openings required by FC404.4.1 should be calculated based on the whole number multiple of 12 (linear feet of fire apparatus-accessible building perimeter), not fractions.  Accordingly, a 30 foot wide building requires two such openings.

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12. For purposes of the rooftop access clearance required by FC504.4.1(1), is the accessible building perimeter measured from the inside or outside dimensions of the parapet?

It should be calculated using the inside dimensions of the parapet walls, reflecting the rooftop that is actually accessible.

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13. If rooftop installations are located on the corners of the building, should the perimeter dimensions for purposes of the rooftop access clearance openings required by FC504.4.1(1) be calculated separately for each fire-apparatus accessible exposure, or as one continuous exposure?

FC504.4.1(1) allows the two exposures to be treated together or separately, to afford maximum flexibility while ensuring rooftop access.

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14. With respect to rooftop access and obstructions, if a building has indented light courts along the building façade accessible to fire apparatus, are the light courts counted in the perimeter distance?

Yes.  Exclusion of such areas from the calculation of the building perimeter could result in elimination of the Fire Code requirement for rooftop access.

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15. If a rooftop spans multiple buildings, can it be treated as a single rooftop for purposes of the Fire Code’s rooftop access and obstruction requirements?

Yes, with the written consent of all building owners, provided that a clear path complying with the requirements of FC504.4 can be established across the multiple rooftops.  Such a combined rooftop would be considered a single rooftop for all purposes relating to FC504.4.

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16. Is a telecommunications company that has installations on the roof of a building responsible for the signage required by FC504.3 for stairway access to the roof, or only the signage on the roof required by FC504.4?

The signage requirements of FC504.3 serve to identify stairway access to the roof for egress and other purposes, and are not related to the rooftop access and obstruction provisions of FC504.4.

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17. Are antennas mounted on the walls of a building that do not extend above the building parapet considered rooftop obstructions?

Yes, if the antenna is above the level of the roof, even if it not above the top of the parapet.  Such flush-mounted antennas may not be installed in a manner that interferes with rooftop access.

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18. With respect to rooftop access and obstructions, can the clear path required by FC504.4.2(1) twist and turn if need be?

It would be preferable if the clear path be a straight route from one side of the building to another.  However, the Fire Department recognizes that this may cause practical difficulties for some buildings.  In such cases, the Fire Department will accept a clear path that “jogs” around a bulkhead or other rooftop obstruction, provided that the path is still “clear” and not confusing or dangerous.  Multiple turns in the path should be avoided, and, if excessive, may result in the Department determining that the route does not meet the requirement for a clear path.

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19. With respect to rooftop access and obstructions, in an irregularly-shaped building, such as an “H” shaped building, is a 6 foot clear path as set forth in FC504.4.2(1) required at 3 locations (front to back, and from side to side in each wing of the building)?

Yes.  In order to accomplish the purposes for the clear path, an “H” shaped building would be required to provide 3 clear paths, as you describe, unless the size of the building, or the air shafts or other openings separating the two wings of the building, is sufficiently small to obviate the need for a second clear path.  This issue will likely need to be addressed in a future rulemaking.

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20. With respect to the clear path required by FC504.4.2, are steps and ramps only necessary to the extent they are required under the Building Code?

No.  The applicable requirements for steps and ramps are set forth in FC504.4.2(2). However, the design of steps, ramps and railings shall be in accordance with Building Code requirements.

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21. With respect to rooftop access and obstructions, where conduit or piping crosses the clear path, is it permissible to have a step over the piping or conduit that is less than the six feet width of the clear path (for example, a step or ramp that is only 3 feet wide)?

No.  The step or ramp over the conduit must be the full width of the 6-foot clear path (less approximately 6 inches on each side for handrail clearance).  Otherwise, the required clear path would be constricted to the width of the step.

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22. With respect to the clear path required by FC504.4.2, are handrails required on both sides of the steps and ramps or just one side?

Handrails are required on both sides of steps and ramps.

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23. FC504.4.2(2.1) requires high voltage wiring to be color-coded red. What constitutes high voltage?

The Department interprets this provision to refer to the definition of “high voltage wiring” in the New York City Electrical Code, which defines the term to include 120, 208, 277 and 480-volt circuits.  Examples of wiring that would not be high voltage include coaxial and telephone cable, unless otherwise provided in the Electrical Code.

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24. With respect to the marking requirements for rooftop conduits and piping of FC504.4.2, is metallic/reflective tape acceptable?

FC504.4.2 requires continuous, durable and weatherproof reflective or luminescent markings.  Any tape satisfying these requirements may be utilized.

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25. Do piping and conduits enclosed within walls or other enclosures require markings in accordance with FC504.4.2?

No.  Only piping and conduits that are not enclosed need be marked.

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26. Do the markings for rooftop conduit and piping required by FC504.4.2 need to be continuous for the entire length of the conduit and piping or can it be spaced out at intervals?

The marking are required to be continuous.  Continuous markings may be interrupted where it is impractical to mark the piping or conduit.  Typically, such interruptions would be limited unless conduit or piping is enclosed.

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27. Do the markings required of FC504.4.2 apply to conduit and piping affixed to the exterior of a building?

No.  This requirement is meant to apply only to rooftop conduits and piping.

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28. Are landmark buildings exempt from the marking requirements for rooftop conduits and piping of FC504.4.2?

No.  However, if the marking of pipe or conduit could give rise to a violation of Landmarks Commission or other legal requirements relating to landmarks, an application for modification of the requirements should be made to the Fire Department.

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29. Where more than one transmitting antenna is mounted on the same mounting or support structure, can the lettering required by FC504.4.3(1) only appear once on the mount or support structure?

This section provides that the sign be posted “on or near” any installation.  If the location of the sign and/or markings on a sign (such as arrows) clearly identifies more than one transmitter, it complies with the code requirements.

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30. Does the lettering required by FC504.4.3(1) only need to be visible from the rooftop of the building on which it is installed?

FC504.4.3(1) requires that the lettering be 3 inches in height.  The signage should be visible from the parapet area or from the clear path that traverses the building.

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31. Is there a process to request a variance/reconsideration of these requirements for rooftop access and obstructions?  If so, what is the process to apply?

Yes.  A modification may be requested in accordance with FC104.8.

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32. What is the purpose of the multiple grouped clearance openings for rooftop access set forth in FC504.4.1(1)?

This was intended to provide maximum flexibility on large roofs.  In place of multiple clearance openings, this section allows fewer but larger openings, provided that they are not separated by more than 12 feet linear distance.

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33. With respect to rooftop access and obstructions, what is the definition of building rooftop height?

The Fire Department interprets this provision to refer to the definition of “height, building” set forth in Building Code Section 502.1, which refers to the vertical distance from the grade plane to the average height of the highest roof surfaces.

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1. Is FC604.2, which requires that emergency power systems comply with the requirements of NFPA 110 and NFPA 111, applicable to both existing and new installations?

Yes.  FC604.2 requires that emergency power systems for both new and existing installations be operated and maintained (not designed and installed) in accordance with NFPA 110 and NFPA 111.

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2. Does the Fire Code require signs warning of electrical hazards in electrical control panel rooms (sometimes called electrical utility closets)?

Yes. FC605.3.1.1 requires that doors into electrical control panel rooms be marked with a sign stating “ELECTRICAL ROOM.”

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3. Does the Fire Code allow individuals working in an office building to plug in and use refrigerators, toasters, microwaves, coffee makers and/or electric space heaters in their offices?

The New York City Electrical Code, not the Fire Code, directly addresses this issue. Table 210.21(B)(2) of the Electrical Code establishes maximum electrical loads where electrical appliances are connected to receptacles by cords and plugs. The table allows a maximum load of 12 amperes for a 15-ampere-rated circuit, and a maximum load of 16 amperes for a 20 ampere-rated circuit.

Refrigerators, toasters, microwaves, coffee makers and electric space heaters typically draw a significant amount of current. For example, a 1500-watt electric space heater draws a current of 12.5 amperes, and toasters and toaster ovens often draw 12 amperes or more.

Accordingly, to avoid creating a hazardous condition that could cause a fire, building occupants should consult with the building owner or manager before plugging in and using any portable electrical appliance.

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1. Does the Fire Code regulate furnishings and decorations in hotel guest rooms?

No. The Fire Code and the Fire Department rules do not regulate furnishing and decoration inside guest rooms in hotels and motels (Group R-1 occupancies). However, FC Chapter 8 does regulate curtains, drapes and other decorations in the public areas of hotels and motels, including places of assembly and places of public gathering.

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1. I can’t find in the Fire Code detailed requirements for the design and installation of sprinkler systems, standpipe systems, fire alarm systems and means of egress. Where are these requirements?

In the New York City Building Code.  The requirements for the design and installation of such systems and means of egress are part of the requirements for building construction set forth in the Building Code, which can be viewed on the New York City Department of Buildings’ web site, www.nyc.gov/buildings.

While the new Fire Code does not contain the design and installation requirements for sprinkler systems, standpipe systems, fire alarm systems and means of egress, it does set forth operational and maintenance requirements for such systems and means of egress.  For additional information about such requirements, see Chapter 1 Frequently Asked Question #9.

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2. Is a portable fire extinguisher required to be installed in an area that contains stationary oil-burning equipment?

Yes. Building owners seeking to replace sand pails with a portable fire extinguisher should install a dry chemical extinguisher with a minimum 20 B:C rating, or a carbon dioxide extinguisher with a minimum 2 B:C rating.

Previously, the requirement for a portable fire extinguisher to be provided in an area that contains oil-burning equipment was set forth in the rules of the New York City Board of Standards and Appeals (BSA), 2 RCNY 16-01(n)(7). Such provision required one approved hand held fire extinguisher of not less than a two quart capacity suitable for oil fires, or two rounded bottom pails filled with sand. This BSA provision has long been interpreted to require either a 10 pound carbon dioxide (CO2), or a 5 pound dry chemical portable fire extinguisher, or the two sand pails.

The new Fire Code no longer accepts sand pails as an approved portable fire extinguishing medium, and effective July 1, 2008, sand pails must be replaced with a portable fire extinguisher of an appropriate size and type.

The industry standard applicable to portable fire extinguishers, NFPA 10, which has been adopted by reference in FC906.2, classifies such extinguishers based upon the type and capacity of fires that they are suitable for extinguishing, and the travel distance to the extinguishers. Consistent with the BSA rule and the NFPA standard, the Fire Department has adopted a new rule, 3 RCNY 906-02, requiring a minimum 20 B:C rated dry chemical type portable fire extinguisher, or a minimum 2 B:C rated carbon dioxide portable fire extinguisher, in areas containing stationary oil-burning equipment.

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3. I live in a multiple dwelling and the building has no portable fire extinguishers. How can I find out if my building is required to have portable fire extinguishers, and if it does require them, how high off the floor do they have to be mounted?

The types of occupancies in which portable fire extinguishers must be provided are set forth in FC906.  Portable fire extinguishers are not required to be provided in multiple dwellings.  If they are provided, such extinguishers are required to be mounted so that the top of the extinguisher is not more than 5 feet off the floor for extinguishers weighing 40 pounds or less, and not more than 3½ feet off the floor for extinguishers weighing more than 40 pounds, but in no case less than 4 inches off the floor.

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4. FC901.6.3.2 requires companies engaged in the business of selling portable fire extinguishers door to door to owners of buildings or business for use on their premises to obtain a portable fire extinguisher sales company certificate. FC901.6.3.3 requires that companies engaged in the business of inspecting and cleaning commercial cooking exhaust systems to obtain a commercial cooking exhaust system company certificate. How can I obtain these certificates?

FC115 sets forth basic requirements for such company certificates. Fire Department rule 3 RCNY 115-01 sets forth the standards, requirements and procedures for issuance of company certificates, including fire extinguisher sales and inspecting and cleaning commercial cooking exhaust systems. Application forms for and information about such company certificates are posted on the Fire Department web site.

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5. FC901.6.3.3 requires that the person conducting the quarterly inspection and cleaning of commercial cooking exhaust systems must be performed by a Certificate of Fitness holder, while FC904.11.6.3 requires that such inspection and cleaning be conducted under the personal supervision of a certificate of fitness holder. Can you please clarify these requirements?

Consistent with the requirements of FC102.9 that inconsistent provisions be harmonized, the Fire Department interprets these provisions to require that the quarterly inspection and cleaning of commercial cooking exhaust systems must be performed by a certificate of fitness holder.

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6. I recently installed a fire pump as part of a standpipe system installation. Do I need to arrange for a Fire Department inspection of the installation?

Yes. A Fire Department inspection is required upon the installation of any fire pump pursuant to FC913.5.1. That section provides: “Acceptance testing shall be done in accordance with Section 901.5 and NFPA20….before a representative of the Department.” The Department will conduct an electrical inspection of the installation of the fire pump. A mechanical inspection is also conducted for installations located on waterfront properties. To obtain information on the required filings and to schedule an inspection, contact the Fire Alarm Inspection Unit of the Bureau of Fire Prevention at (718) 999-2467 (for electrical inspections) and the Fire Suppression Unit of the Bureau of Fire Prevention at (718) 999-2519 (for mechanical inspections).

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1. I just moved into an apartment and would like to install security gates over the window that leads to my fire escape. How do I know which type of gates are approved by the Fire Department?

FC1025.5 requires that bars placed over windows and other openings onto fire escapes be of a type for which a certificate of approval has been issued by the Fire Department. A list of currently approved gates can be obtained by contacting the Bureau of Fire Prevention’s Technology Management Unit at (718) 999-2391.

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2. I live in an apartment building and I would like to place a bookcase in the hallway outside my apartment. Would this be a violation of the Fire Code?

It would be a violation of the code, unless the bookcase is constructed of noncombustible material and only displays noncombustible items.

First, the New York City Multiple Dwelling Law and New York City Building Code set forth requirements for the minimum width of public corridors.  For further information regarding these requirements you should contact the New York City Department of Buildings.

Second, FC1027.4.1 prohibits the storage of combustible materials and combustible waste in building corridors, except as authorized by the Fire Department.  This requirement is intended to reduce the potential fire load that might impede egress from the building.  Authorized items in a corridor will be the subject of a future Fire Department rulemaking.

Accordingly, a metal bookcase, displaying metal, glass, ceramic or other noncombustible items, would not be prohibited if it did not violate Multiple Dwelling Law and Building Code requirements for minimum corridor width.

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1. I understand that the Fire Code prohibits smoking at construction sites, and requires that "no smoking" signs be posted in approved locations. Can you please clarify what areas would be considered part of the "construction site" and what locations are "approved" for posting of such signs?

FC1404.1 prohibits smoking at construction sites.  FC1402.1 defines a construction site as any location at which a building, structure, premises or facility is undergoing construction, alteration or demolition.

All buildings in the course of being constructed, and those undergoing demolition, are required by New York City Building Code Section BC3307.3.2 to be enclosed with a fence.  Smoking is prohibited within the area enclosed by such fence, including in construction trailers and other indoor or outdoor areas.

“No Smoking” signs should be posted at all sliding and swinging gate openings, and any other openings allowing for access to the site by persons or vehicles.  Within the fenced enclosure, signs should be posted at appropriate locations throughout the construction site sufficient to provide notice to persons entering or working on the site of the prohibition against smoking, including at the entrances to buildings, one or more locations on each floor of such buildings, and any indoor or outdoor areas on the construction site at which persons congregate.

In buildings undergoing alteration, where no fenced enclosure is required pursuant to BC3307.3.2, smoking is prohibited in all areas of the building in which alteration work is or will be conducted under the application filed with the Department of Buildings.  “No Smoking” signs should be posted at all entrances to areas of the building undergoing alteration, and any place within those areas where persons would congregate.

In addition, as set forth in FC310.2(3), smoking is prohibited at all locations, and at all times, where hazardous operations are conducted, or flammable or combustible materials or explosives are stored, handled or used. “No Smoking” signs must be posted in the immediate area of such operations and materials.

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2. Does the Fire Code allow storage of flammable and combustible liquids in aboveground tanks at construction sites, and, if so, what restrictions apply?

Yes.  The Fire Code allows aboveground storage of flammable and combustible liquids at construction sites.

FC 1405 and 3406 regulate the storage, handling and use of flammable and combustible liquids at construction sites, including portable tanks temporarily installed at such sites.  There is a 660 gallon limit on the capacity of such tanks.  In addition, FC3406.2.8 authorizes the filling of construction equipment directly from cargo tank trucks under certain conditions.

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1. Are paint spray booths permitted to be installed in basements or other below grade areas?

No.  FC1504.1.2 requires that paint spray booths be designed and constructed in accordance with National Fire Protection Association (NFPA) Standard 33 of 2000. Section A.2.1(f) of this NFPA Standard does not recommend any spray application operation, including spray booths, in basements.

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2. I understand that the Fire Code requires a Certificate of Approval for pre-manufactured paint spray booths. Previously, the Department of Buildings and the Board of Standards and Appeals (“BSA”) only required approval of pre-manufactured paint spray booths equipped with mechanical ventilation systems that circulated heated air in the booth. Does the Fire Code require that other types of pre-manufactured paint spray booths obtain a Certificate of Approval?

No. As indicated by the text of the applicable Fire Code section, FC1504.1.2.7 (and as the Fire Department stated in connection with the enactment of Local Law 26 of 2008, which adopted the new Fire Code), the Certificate of Approval requirement for pre-manufactured paint spray booths was intended to continue the prior regulation of that equipment. The Department of Buildings issued Materials and Equipment approvals only for pre-manufactured paint spray booths that circulated heated air in the booth, to ensure that there are safeguards to prevent the lower explosive limit of the flammable vapor present in the booth from being reached by the heating of the air.

Accordingly, the pre-manufactured paint spray booths that FC1504.1.2.7 requires to be of a type for which a Certificate of Approval has been issued are limited to the type of paint spray booths that are designed to circulate heated air in the booth. Design and installation documents must be submitted for all pre-manufactured paint spray booths, and will be reviewed by the Department for compliance with FC Chapter 15 requirements, including NFPA Standard 33.

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1. The new Fire Code eliminated the requirement that aboveground and underground motor fuel storage tanks and other system components be of a type for which a Certificate of Approval has been issued. Is there a phase-in period for this change or will all tanks and other system components installed after July 1, 2008 no longer require these Certificates of Approval?

Effective July 1, 2008, newly installed motor fuel storage systems are required to be inspected and tested in accordance with the new Fire Code, including FC2206.9.  The Fire Code no longer requires certificates of approval for motor fuel tanks and system components.

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2. I operate several motor fuel-dispensing facilities throughout the city. What Fire Code and Rule requirements will I be expected to comply with?

All motor-fuel dispensing facilities, both new and pre-existing (systems lawfully installed before July 1, 2008), are required to comply with the operational and maintenance requires of the new Fire Code, including requirements relating to signage, supervision, and periodic testing of leak detection and fire extinguishing systems.

Pre-existing installations, which can comply with the design and installation provisions of the Fire Code shall comply with those requirements.  Pre-existing installations which cannot comply with the design and installation provisions of the Fire Code shall comply with the Fire Prevention Code, rules, permit conditions, and other applicable law, rule and regulation, under which the installation was approved.

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3. I operate an existing repair garage and plan to begin repairing hydrogen and compressed natural gas (CNG)-fueled vehicles. Do I have to make any modifications to the design of my facility?

That depends. Repair garages constructed in accordance with the requirements of the 1968 Building Code are designed for the repair of liquid motor fueled vehicles, not vehicles fueled by lighter-than-air fuels. FC2217.7 provides that repair garages used for the repair and/or conversion of vehicles fueled by lighter-than-air fuels must comply with the requirements of the Mechanical Code and Building Code, including ventilation requirements (see MC502.16) and the flammable gas detection system requirements (see BC406.6.6). Unless you have documentation showing that the Department of Buildings had previously authorized your repair garage to be used for the repair and/or conversion of vehicles fueled by lighter-than-air fuels, you are required to comply with the provisions of FC2217.7 and Fire Department rule 3 RCNY 2211-01.

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1. Can “sternos” be used in tents to keep food warm?

FC2404.7 allows use of sternos when an open flame permit has been issued for such use by the Fire Department.

2. Can tables or other items be stored or placed against the tent walls?

No.  FC2404.11 requires that there be at least 3 feet clearance between the tent walls and any tent contents.

3. Can electric table-top burners and electric induction burners be used in tents for food warming?

Yes.  The Fire Code does not directly regulate the use of electric food warmers in tents, only devices utilizing an open flame.  However, any temporary wiring must comply with the requirements of the Electrical Code, and the use of any extension cord is subject to compliance with the requirements of FC605.5.

4. FC2401.2 states that permits shall be required as set forth in FC105.6. Is a permit required for a tent?

No.  A tent does not require a Fire Department permit.  However, a Fire Department permit is required if certain activities or operations are conducted inside the tent, such as use of commercial cooking equipment, open flames, and the conduct of special effects.

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1. I understand that FC2609.8 requires a combination flashback arrestor and backflow check valve be provided when piped natural gas is used with oxygen in any hot work operation, both in existing and new installations. The section also provides that the installation shall additionally comply with the rules. Can you direct me to the rule that applies?

The standards, requirements and procedures implementing the provisions of FC2609.8 are set forth in new Fire Department rule 3 RCNY 2609-01.

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1. If an entire building with non-production chemical laboratories is a non-smoking facility and no smoking signs are posted at the entrances to the building, do “No Smoking” signs need to be posted on the doors to each laboratory unit?

Yes.  “No Smoking” signs must be posted at the entrance to each non-production laboratory, but not necessarily on the door.

FC2703.7.2(3) requires the posting of no-smoking signs in rooms or areas where various types of hazardous materials are used.  This requirement is consistent with longstanding Fire Department rule 3 RCNY 10-01, which requires posting of No Smoking signs at the exterior entrance to laboratory areas and within laboratory areas.

This requirement is intended for fire safety purposes, and is not rendered unnecessary by New York City Health Code regulations prohibiting smoking in buildings for health reasons.

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1. Does the Fire Code have any regulations for the storage, handling and use of helium containers?

Yes.  Helium is regulated as a compressed gas, as that term is defined in FC3002.1.  A permit is required for the storage, handling and use of helium gas pursuant to FC Table 105.6(1) and the storage, handling and use of helium in permitted amounts requires supervision by the holder of a certificate of fitness pursuant to FC3001.4.  You should refer to the requirements of FC Chapter 30 for other storage, handling and use requirements.

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1. FC3401.8 requires that, effective July 1, 2009, persons that install, alter, test or repair flammable or combustible liquid storage systems hold a certificate of license. Is this requirement applicable to tanks installed at bulk plants or terminals?

No.  The definition of flammable and combustible liquid storage systems set forth in FC3402 excludes bulk plant and terminal storage systems.

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2. I am planning to replace my fuel oil tanks. What section of the Fire Code regulates the installation of these tanks?

The New York City Mechanical Code, not the Fire Code, regulates the installation of fuel oil tanks.  However, when removing a fuel oil tank from service, the owner must comply with the “out-of-service” requirements for flammable and combustible liquid storage tanks set forth in FC3404.2.13 and Fire Department rule 3 RCNY 21-02.  The removal of the old tank must be performed by a licensed person, as set forth in that rule.

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3. I have an existing permit for the storage of gasoline and diesel fuel in 5 gallon metal containers. FC2204.4.1.1 requires that portable containers storing gasoline and diesel fuel not be greater than 2½ gallons in capacity. Am I correct that because I have existing flammable and combustible liquid storage permits that I can continue to comply with the requirements of the old Fire Prevention Code, which allowed 5 gallon metal containers?

You are not correct. The provisions of FC2204.4.1.1 limiting the capacity of portable gasoline and diesel fuel containers is an operational requirement. Pursuant to FC102.2, the operational requirements of the Fire Code are applicable to both new and existing facilities.

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4. I recently learned of a new type of “one-time use emergency gas can”: a disposable, collapsible container, constructed of cardboard with a plastic liner, intended for storing and dispensing flammable liquids, including motor fuels. The container nozzle is sealed by a stopper. Is use of such a container allowed under the Fire Code?

No.  FC2204.4.1 prohibits the dispensing of liquid motor fuels into containers that do not have a tight closure with a screw-type or spring loaded cover.  A portable container using a stopper on the end of the nozzle to prevent spillage would not comply with this code requirement.

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5. FC3406.2.8 authorizes the transfer of fuels from cargo tanks directly into the fuel tanks of construction equipment at a construction site. Such activity was not authorized under the old Fire Code. Does the Fire Code also authorize the transfer of fuels from cargo tanks directly into the fuel tanks of motor vehicles in other circumstances and other locations?

No.  Such direct fueling is only allowed at construction sites under the circumstances set forth in FC3406.2.8.

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6. My business provides trailers to supply temporary power to buildings when their normal electrical power is interrupted. An 1100-gallon fuel oil storage tank is mounted on these trailers. Is a permit required for these systems?

Yes. A Fire Department permit is required for the 1100-gallon diesel fuel storage tank, but not the electrical generator itself. The permit requirement for the fuel storage tank is set forth in FC105.6 under "transportation of hazardous materials." Such trailers are required to comply with the requirements of the Fire Department rule 3 RCNY 3405-01.

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1. What are the Referenced Standards listed in Chapter 45 of the Fire Code and how do they relate to the Fire Code?

The Fire Code incorporates by reference numerous nationally-recognized fire safety standards, and certain Federal regulations.  These standards and regulations are listed in FC Chapter 45.  The Referenced Standards supplement the requirements of the Fire Code.  The provisions of the Fire Code chapters and Fire Department rules govern where there is a conflict between those provisions of law and the provisions of the Referenced Standards.

FC Chapter 45 identifies the edition of the Referenced Standard that has been adopted.  It is important that you use the correct edition of the Referenced Standard to ensure that you are complying with the applicable legal requirements.

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2. How can I obtain copies of the Referenced Standards?

FC Chapter 45 identifies the name and contact information of the organization that promulgates each Referenced Standard.  You should contact these organizations for information as to how to obtain copies of their standards.

The Fire Department suggests that you check the web sites of these organizations, as they may make their standards and regulations available at no cost on the web site.

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3. Has the Fire Department adopted any modifications to the Referenced Standards?

Yes.  Appendix B of the Fire Code and Chapter 47 of the Fire Department’s rules include the amendments made to the Referenced Standards adopted in Fire Code Chapter 45. 

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1. Where can I find the fees for Fire Department permits, certificates, and other approvals and services?

All fees can now be found in Appendix A to the Fire Code, and Chapter 46 of the Fire Department’s rules.

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