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Title 3 of the
Rules of the City of New York

PROPOSED RULES

 

 

 

FDNY RULE REPEAL AND REPROMULGATION
(FIRST INSTALLMENT – CHAPTERS 1, 2, 8, 10, 14, 17, 26 AND 38)

Introduction:

This is the first installment of a series of rulemaking proceedings to repeal and repromulgate all Fire Department rules in effect on June 30, 2008 (“existing rules”). The Fire Department is undertaking to repeal and repromulgate all of its existing rules in connection with the enactment of the new New York City Fire Code, which took effect on July 1, 2008.

The proposed new rules have been renumbered to parallel the new Fire Code sections. For example, §113-01, relating to certificates of fitness, corresponds to Fire Code §113 (FC113), which governs such licenses. The proposed rules have also been revised to conform to the terminology of the new Fire Code, and, as necessary, revised to amend or clarify various requirements. Except as otherwise indicated in the statement of basis and purpose for each chapter of the rules, the provisions of these rules are substantially equivalent to the existing rules.

In addition, certain rules are substantively new. Such new rules are addressed in the statement of basis and purpose for each chapter.

As set forth in proposed section 3 RCNY §202-01, “FC” refers to the Fire Code and “R” to the rules. Italicized words refer to terms defined in the Fire Code or the rules. Where no rules are being promulgated, pursuant to a section of the Fire Code, the corresponding section of the rules is marked “reserved.”

City Record Publication Date of Notice of Opportunity to Comment on the Proposed Repeal and Promulgation of Fire Department Rules:

Monday, September 15, 2008

Date of Public Hearing:

Friday, October 17, 2008

Deadline for Submission of Written Comments:

Friday, October 17, 2008

Text of Proposed Rule:

Notice of Opportunity to Comment on the Proposed Repeal of Existing Fire Department Rules and Promulgation of New Fire Department Rules, Proposed Rules, and Statement of Basis and Purpose

Existing FDNY Rules
Proposed To Be Repealed:

3 RCNY Chapters 1
through 43

Chapter headings

3 RCNY §6-01,
Paragraphs (i)(2),
(i)(3) and (j)(3)

Fire Drill and Evacuation in Office Buildings Classified as Occupancy Group E (Business)

3 RCNY §6-02,
Paragraphs (n)(2)

Office Building Emergency Action Plans

3 RCNY §9-01

Fire Department Certificates

3 RCNY §9-03

Certificate of Approval Application Procedures and Appliances Previously Approved by the Board of Standards and Appeals

3 RCNY §9-05

General Requirements for Accreditation of Training Courses by the Fire Department

3 RCNY §9-06

Mechanical Refrigeration and Related Technology Training Courses

3 RCNY §9-07

Fire Safety Director Training Course

3 RCNY §9-08

Training Courses for Fire Safety/Emergency Action Plan Directors

3 RCNY §11-01

Buildings In the Course of Construction, and Buildings Undergoing Demolition

3 RCNY §11-02

Use of Liquid Oxygen Cylinders on Construction, Alteration and Demolition Sites

3 RCNY §11-03

Storage and Use of Oxygen Trailers in the Course of Construction and Demolition Work

3 RCNY §11-04

Storage and Use of Ammunition for Powder Actuated Tools in the Construction and Alteration of Buildings

3 RCNY §11-05

Use of Natural Gas Fired Heaters at Construction Sites

3 RCNY §15-02,
Subdivision (d)

Portable Fire Extinguishers

3 RCNY §16-01

Implementation of Fee Schedule Amendments, Effective July 11, 1988

3 RCNY §16-02

Environmental Control Board Adjudications

3 RCNY §17-06,
Subdivision (f)

Unnecessary and Unwarranted Alarm Prevention, Required Fire Alarm Recordkeeping, and Required Smoke Detector Maintenance, Testing and Recordkeeping

3 RCNY §19-01

Flameproofing of Decorations, Drapes, Curtains and Scenery

3 RCNY §20-09

Thermal Insecticidal Fogging Operations

3 RCNY §25-01

Storage and Use of Liquefied Petroleum Gases

3 RCNY §26-01

Motor Vehicle and Motorcycle Repair Shops

3 RCNY §38-01

Issuance of City-Wide Permits for the Storage, Use/or Transport of Oxygen and Combustible Gases During Temporary or Emergency Torch Operations

3 RCNY §38-01.1

Issuance of Permits for the Storage and Use of Oxygen and Combustible Gases for any Torch Operations during Construction, Alteration or Demolition Work

3 RCNY §38-02

Operators of Heating Torches Used in the Manufacture of Jewelry

 



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CHAPTER 1 (ADMINISTRATION)

3 RCNY §101

Reserved

3 RCNY §102-01

Pre-Existing Facilities and Conditions

3 RCNY §103

Reserved

3 RCNY §104-01

Appeals

3 RCNY §104-02

Professional Certification- Reserved

3 RCNY §104-03

Disposal of Contraband Materials

3 RCNY §104-04

Modification of Rules

3 RCNY §105-108

Reserved

3 RCNY §109-01

Notice of Violation, Certification of Correction and Stipulation Procedures

3 RCNY §109-02

Consolidation of Provisions of the Administrative Code for Enforcement Purposes

3 RCNY §110

Reserved

3 RCNY §111

Reserved

3 RCNY §112-01

Certificates of Approval

3 RCNY §113-01

Certificates of Fitness and Certificates of Qualification

3 RCNY §113-02

Fire Safety Director Certificates of Fitness

3 RCNY §113-03

Fire Safety/EAP Director Certificates of Fitness

3 RCNY §113-04

Accreditation of Training Courses

3 RCNY §113-05

Fire Safety Director Training Courses

3 RCNY §113-06

Fire Safety/EAP Director Training Courses

3 RCNY §113-07

Refrigerating System Operating Engineer Training Courses

3 RCNY §114-01

Certificates of License

3 RCNY §115-01

Company Certificates

3 RCNY §116-01

Expeditor Registration

3 RCNY §117

Reserved

 

Summary:

Chapter 1 sets forth standards, requirements and procedures for the
implementation of the administrative provisions of FC Chapter 1. The
chapter contains rules relating to:

  • facilities and conditions lawfully existing on July 1, 2008, the
    effective date of the Fire Code, which, pursuant to FC102.3,
    may be continued in compliance with laws, rules, regulations
    and permit conditions pre-dating the Fire Code;
  • the mechanism by which persons aggrieved by any Fire
    Department notice, order, violation or other determination
    may appeal such determination and obtain a final agency
    determination as to the validity thereof, insofar as it relates to
    the interpretation or modification of the Fire Code;
  • disposal of contraband;
  • the procedures for applying for a modification;
  • certification of correction and stipulation procedures for Fire
    Department violations returnable before the New York City
    Environmental Control Board;
  • certificates of approval, including identifying the types of
    articles, equipment and devices that are required to obtain
    such a certificate, including those newly regulated by the Fire
    Code;
  • Fire Department licenses (including certificates of fitness,
    certificates of qualification, certificates of license and
    company certificates), and the accreditation of training schools that prepare applicants for such certificates; and
  • registration of expeditors.

CHAPTER 2 (DEFINITIONS)

3 RCNY §201

Reserved

3 RCNY §202-01

Definitions

 

Summary:

Chapter 2 sets forth the terms defined in the Fire Code and the rules.


CHAPTER 8
(INTERIOR FURNISHINGS, DECORATIONS AND SCENERY)

3 RCNY §801-804

Reserved

3 RCNY §805-01

Flame-Resistant Decorations

3 RCNY §806

Reserved

 

Summary:

Chapter 8 sets forth requirements relating to the testing and certification of flame-resistant decorations.


CHAPTER 10
(MEANS OF EGRESS)

3 RCNY §1001-1024

Reserved

3 RCNY §1025

Fire Escape Window Gates and Similar Security Devices For Secondary Means of Egress and Emergency Escape and Rescue Openings

3 RCNY §1026

Reserved

3 RCNY §1027

Reserved

 

Summary:

Chapter 10 consists of a single new section, which implements the provisions of FC1025 relating to the design, installation, operation and maintenance of window fire escape window gates, and similar security devices for securing means of egress.


CHAPTER 14
(FIRE SAFETY DURING CONSTRUCTION, ALTERATION AND DEMOLITION)

3 RCNY §1401-01

Enforcement of Fire Safety at Construction Sites

3 RCNY §1402

Reserved

3 RCNY §1403-01

Portable Space Heaters Fueled By Piped Natural Gas at Construction Sites

3 RCNY §1404

Reserved

3 RCNY §1405-01

Crane Aerial Fueling Operations

3 RCNY §1406

Reserved

3 RCNY §1407

Reserved

3 RCNY §1408-01

Construction Site Fire Safety Manager

3 RCNY §1409-1418

Reserved

 

Summary:

Chapter 14 sets forth fire safety requirements for construction sites.


CHAPTER 17
(FUMIGATION AND THERMAL INSECTICIDAL FOGGING)

3 RCNY §1701

Reserved

3 RCNY §1702

Reserved

3 RCNY §1703-01

Fumigation and Thermal Insecticidal Fogging

 

Summary:

Chapter 17 sets forth requirements for fumigation and thermal insecticidal fogging operations.


CHAPTER 26
(WELDING AND OTHER HOT WORK)

3 RCNY §2601-2603

Reserved

3 RCNY §2604-01

Hot Work in Repair Garages

3 RCNY §2605-01

Use of Oxygen and a Flammable Gas in Citywide Hot Work Operations

3 RCNY §2606-2608

Reserved

3 RCNY §2609-01

Piped Natural Gas and Oxygen Consuming Devices and Installations

 

Summary:

Chapter 26 sets forth requirements relating to:

  • hot work operations in repair garages;
  • the use of oxygen and a flammable gas in citywide hot work
    operations; and
  • piped natural gas and oxygen consuming devices and
    installations.

CHAPTER 38
(LIQUEFIED PETROLEUM GASES)

3 RCNY §3801-3808

Reserved

3 RCNY §3809-01

Liquefied Petroleum Gases

 

Summary:

Chapter 38 sets forth requirements for the storage, handling and use of liquefied petroleum gases (LPG).



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