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 final new rules have been renumbered to parallel the new Fire Code sections.  For example, §113-01, relating to certificates of fitness and certificates of qualification, corresponds to Fire Code §113 (FC113), which governs such licenses.

As set forth in final rule 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.”

Date of Public Hearing:

October 17, 2008

City Record Publication Date of Final Rules:

November 14, 2008

Effective Date of Final Rules:

November 17, 2008

Text of Final Rule:

Notice of Repeal of Existing Fire Department Rules and Promulgation of New Fire Department Rules

Summary of repealed rules:

Refer to cross reference table to identify the new Fire Code or Fire Department rule sections that correspond to these repealed rules.

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CHAPTER 1 (ADMINISTRATION)

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)

Summary:

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

CHAPTER 8
(INTERIOR FURNISHINGS, DECORATIONS AND SCENERY)

Summary:

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

CHAPTER 10
(MEANS OF EGRESS)

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)

Summary:

Chapter 14 sets forth fire safety requirements for construction sites.

CHAPTER 17
(FUMIGATION AND THERMAL INSECTICIDAL FOGGING)

Summary:

Chapter 17 consists of a single section setting forth requirements for fumigation and insecticidal fogging operations, including fogging operations not involving the application of heat.

CHAPTER 26
(WELDING AND OTHER HOT WORK)

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)

Summary:

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

Statement of Substantial Need For Early Implementation

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