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RULES OF THE CITY OF NEW YORK - FINAL RULEMAKING NOTICES

 

 

 

FDNY RULE REPEAL AND REPROMULGATION
(SECOND INSTALLMENT CHAPTERS 1, 3, 4, 6, 7, 9, 12, 13, 15, 16, 18 THROUGH 25, 28 THROUGH 32, 35, 36, 37, 38, and 39 THROUGH 49)

Introduction:

This is the second installment of a series of rulemaking proceedings to repeal and repromulgate all Fire Department rules in effect on June 30, 2008 (“existing rules”).  The first installment of rules was promulgated effective November 17, 2008.  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 numbered to parallel the new Fire Code sections.  For example, §308-01, relating to open flames in Group A occupancies, corresponds to Fire Code §308 (FC308), which governs open flames.  The proposed rules have revised existing rules to conform to the terminology of the new Fire Code, and, as necessary, 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.

This installment of the rules includes Chapter 48, entitled “Pre-Existing Facilities.”  This chapter does not correspond to any Fire Code chapter, but, as explained in R102-01, consolidates requirements for facilities and conditions that were lawfully existing on July 1, 2008, the effective date of the Fire Code, and that, pursuant to FC102.3, may be continued in compliance with laws, rules, regulations and permit conditions pre-dating the Fire Code.  The last two digits of a Chapter 48 rule section number indicate the Fire Code chapter to which the rule corresponds.  For example, R4809-01 relates to the design and installation of pre-existing facilities with fire protection systems that do not comply with the requirements of Fire Code Chapter 9.

As set forth in 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.

Date of Public Hearing:

January 20, 2009

City Record Publication Date of Final Rules:

March 6, 2009

Effective Date of Final Rules:

April 5, 2009

Text of Final Rule:

Notice of Repeal of Existing Fire Department Rules and Promulgation of New Fire Department Rules, and Amended Rules, and Statement of Basis and Purpose

REPEALED RULES


Refer to cross reference table to identify the new Fire Code or Fire Department rule sections that correspond to these repealed rules.



[ Back to FDNY Rules (RCNY) home page ]

 


FINAL NEW RULES

CHAPTER 1 (ADMINISTRATION)

3 RCNY §113-08

Commercial Cooking Exhaust Systems Certificates of Fitness

3 RCNY §117

Reserved

 

Summary:

Chapter 1 is amended to add a new section (R113-08) that, pursuant to FC901.6.3.3, sets forth requirements for the certificate of fitness for inspection and cleaning of commercial exhaust systems.


CHAPTER 3
(GENERAL PRECAUTIONS AGAINST FIRE)

3 RCNY §301-01

Boatyards, Marinas and Similar Facilities

3 RCNY §302

Reserved

3 RCNY §303-01

Liquid-Fueled Tar Kettles and Asphalt Melters

3 RCNY §304-307

Reserved

3 RCNY §308-01

Use of Open Flames in Group A Occupancies and Similar Public Gathering Places

3 RCNY §309

Reserved

3 RCNY §310-01

Designated Smoking Rooms in Hospitals, Nursing Homes, Rehabilitation Facilities and Similar Medical Facilities Housing the Ill, Aged and Infirm

3 RCNY §310-02

Design of “No Smoking” Signs

3 RCNY §311-312

Reserved

3 RCNY §313-01

Sale of Kerosene Space Heaters

3 RCNY §314-01

Indoor Display of Motor Vehicles and Watercraft

3 RCNY §315-01

Storage of Flammable Plastic Foam Products

3 RCNY §316

Reserved

 

Summary:

Section 301-01 sets forth requirements for the design, installation, operation and maintenance of boatyards, marinas and similar facilities.

Section 303-01, a new rule, sets forth requirements for the storage, handling and use of tar kettles and asphalt melters fueled by a combustible liquid.  This rule largely extends existing requirements for LPG-fueled tar kettles and asphalt melters to such devices.

Section 308-01 sets forth requirements for the use of open flames and open-flame devices in Group A occupancies and similar public gathering places.

Section 310-01 sets forth standards, requirements and procedures for designation of smoking rooms in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm.

Section 310-02 sets forth the approved design for required “No Smoking” signs.

Section 313-01 sets forth requirements for the storage, sale, and use of kerosene space heaters, except heaters regulated by FC Chapter 14 at construction sites.

Section 314-01 sets forth requirements for the indoor display of motor vehicles and watercraft in buildings and structures, including tents and other membrane structures.

Section 315-01 sets forth sets forth requirements for the storage of flammable plastic foam products.


CHAPTER 4
(EMERGENCY PLANNING AND PREPAREDNESS)

3 RCNY §401-407

Reserved

3 RCNY §408-01

Residential Buildings With Non-Sequential or Non-Standard Floor Numbering

 

Summary:

Section 408-01, a new rule, sets forth requirements for the electronic filing of floor numbering lists for high-rise apartment buildings that have non-sequential and non-standard floor numbering.


CHAPTER 6
(BUILDING SERVICES AND SYSTEMS)

3 RCNY §601-602

Reserved

3 RCNY §603-01

Fuel Oil Transfer Supervision and Maintenance

3 RCNY §604-610

Reserved

 

Summary:

Section 603-01, a new rule, sets forth requirements for the supervision and maintenance of fuel-oil transfer operations.


CHAPTER 9
(FIRE PROTECTION SYSTEMS)

3 RCNY §901-01

Central Station Monitoring of Fire Alarm Systems

3 RCNY §901-02

Maintenance of Sprinkler System Pressure Tanks

3 RCNY §902

Reserved

3 RCNY §903-01

Flow Testing of Residential Sprinkler Systems

3 RCNY §904-01

Clean Agent Fire Extinguishing Systems Acceptance Testing

3 RCNY §905-01

Standpipe System Pressure Reducing Devices

3 RCNY §906-01

Portable Fire Extinguishers for Power Operated Cranes

3 RCNY §906-02

Portable Fire Extinguishers for Fuel Oil-Burning Equipment

3 RCNY §907-01

ire Alarm Recordkeeping, Smoke Detector Maintenance, Testing and Recordkeeping, and the Prevention of Unnecessary and Unwarranted Fire Alarms

3 RCNY §908-911

Reserved

3 RCNY §912-01

Periodic Testing of Standpipe and Sprinkler Systems With Fire Department Connections

3 RCNY §913-914

Reserved

 

Summary:

Section 901-01 governs the monitoring and related maintenance of all fire alarm systems that are installed in premises located in New York City and that transmit an alarm signal to a central station that monitors such systems for the purpose of retransmitting or otherwise reporting fire alarms to the Department.  This section also governs the operation of the central stations that monitor and maintain fire alarm systems, and sets forth requirements for the certification of the alarm monitoring companies and other businesses that operate such central stations.

In response to public comment, the final rule incorporates revisions that allow central station companies to utilize outside companies and licensed fire alarm installers, or other approved central station companies, to provide runner service and to maintain and test the transmitters at protected premises.

Section 901-02 sets forth periodic inspection requirements for sprinkler system pressure tanks.

Section 903-01 sets forth requirements for flow testing of residential sprinkler systems, and establishes uniform inspection and flow test requirements for all residential sprinkler systems subject to such requirements.

Section 904-01 sets forth requirements for acceptance testing of clean agent fire extinguishing systems.

Section 905-01 sets forth requirements for standpipe system pressure reducing devices.

Section 906-01 sets forth portable fire extinguisher requirements for power-operated cranes and derricks.

Section 906-02, a new rule, sets forth portable fire extinguisher requirements for fuel oil fired systems.

Section 907-01 sets forth standards and requirements for fire alarm recordkeeping, smoke detector maintenance, testing and recordkeeping, and the prevention of unnecessary and unwarranted alarms.

Section 912-01 sets forth requirements for periodic testing of standpipe system and sprinkler systems with Fire Department connections.


CHAPTER 22
(MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES)

3 RCNY §2201-2203

Reserved

3 RCNY §2204-01

Fumigation and Insecticidal FoggingSelf-Service Automotive Liquid Motor Fuel Dispensing Facilities

3 RCNY §2205-01

Underground Liquid Motor Fuel Storage Tanks at Motor Fuel-Dispensing Facilities

3 RCNY §2206-01

Design and Installation of Liquid Motor Fuel-Dispensing Systems at Motor Fuel-Dispensing Facilities

3 RCNY §2206-02

Leak Detection System Functionality Testing

3 RCNY §2207

Reserved

3 RCNY §2208-01

Mobile Compressed Natural Gas Motor Fuel Systems

3 RCNY §2208-02

Self-Service Compressed Natural Gas Motor Fuel-Dispensing Facilities

3 RCNY §2209-2210

Reserved

3 RCNY §2211-01

Repair Garages For Vehicles Fueled by Lighter-Than-Air Fuels

 

Summary:

Section 2204-01 sets forth requirements for self-service motor fuel dispensing facilities.

Section 2205-01 sets forth requirements for the maintenance of underground motor fuel storage tanks at motor fuel-dispensing facilities.

Section 2206-01 sets forth requirements for the design and installation of motor fuel-dispensing facilities.

Section 2206-02, a new rule, sets forth requirements for the leak detection system functionality test required by FC2206.9.3.

Section 2208-01 sets forth requirements for the design and operation of mobile CNG motor fuel systems.

Section 2208-02 sets forth requirements for self-service CNG motor fuel dispensing facilities.

Section 2211-01, a new rule, sets forth the design and installation requirements for repair garages that repair and/or convert CNG and other vehicles fueled by lighter-than-air fuels.


CHAPTER 30
(COMPRESSED GASES)

3 RCNY §3001-3003

Reserved

3 RCNY §3004-01

Carbon Dioxide

3 RCNY §3004-02

Anhydrous Ammonia

3 RCNY §3005-3008

Reserved

 

Summary:

Section 3004-01 sets forth the design, installation, operation and maintenance requirements for the storage, handling and use of carbon dioxide, in gaseous or liquid form.

Section 3004-02 sets forth the design, installation, operation and maintenance requirements for the storage, handling and use of anhydrous ammonia.


CHAPTER 35
(FLAMMABLE GASES)

3 RCNY §3501-01

Acetylene

3 RCNY §3502-3506

Reserved

3 RCNY §3507-01

Compressed Natural Gas

3 RCNY §3508-01

Sanitary Landfill Methane Gas Recovery Facilities

 

Summary:

Section 3501-01, a new rule, sets forth the prohibition against the manufacture and compressing of acetylene.

Section 3507-01 sets forth requirements governing the storage, handling and use of CNG.

Section 3508-01 sets forth requirements governing the design, installation, operation and maintenance of facilities that recover methane gas from sanitation landfills, including the processing, compressing, flaring and/or odorizing of such gas.


CHAPTER 46
(FEES)

3 RCNY §4601-4603

Reserved

3 RCNY §4604-01

Compensation To Be Paid By Entities Engaged in the Operation of Auxiliary Fire Alarm Systems (effective until July 1, 2009)

3 RCNY §4604-01

Compensation for Operation of Auxiliary Fire Alarm Systems (effective July 1, 2009)

 

Summary:

The chapter consists of an existing section currently in effect and a second existing section that will supersede it on July 1, 2009.

The first R4604-01 (existing rule 3 RCNY §17-04), effective until July 1, 2009, sets forth the compensation required to be paid to the City of New York pursuant to Administrative Code §15-127(a)(1) by a central station company or a proprietary central station for operation of an auxiliary fire alarm system.

This section will be superseded on July 1, 2009, by the second
R4604-01 (existing rule 3 RCNY §17-02), which takes effect on July 1, 2009.


CHAPTER 47
(REFERENCED STANDARD MODIFICATIONS)

3 RCNY §4701-01

Referenced Standard Modifications and Amendments Thereto

3 RCNY §4702-01

National Fire Protection Association Referenced Standards

 

Summary:

Section 4701-01, a new rule, explains how modification of Reference Standards and amendment of existing Referenced Standards modifications will be made, pursuant to the authority granted to the Department by FC102.6.2.

Section 4702-01, a new rule, sets forth modifications of existing National Fire Protection Association (NFPA) Referenced Standards.


CHAPTER 48
(PRE-EXISTING FACILITIES)

3 RCNY §4801-4802

Reserved

3 RCNY §4803-01

Pre-Existing General Precautions Against Fire

3 RCNY §4804-4808

Reserved

3 RCNY §4809-01

Pre-Existing Fire Protection Systems

3 RCNY §4810-01

Pre-Existing Means of Egress

3 RCNY §4811-4821

Reserved

3 RCNY §4822-01

Pre-Existing Motor Fuel Dispensing Facilities and Repair Garages

3 RCNY §4823-4829

Reserved

3 RCNY §4830-01

Pre-Existing Compressed Gases

3 RCNY §4831-4834

Reserved

3 RCNY §4835-01

Pre-Existing Flammable Gases

3 RCNY §4836-4837

Reserved

3 RCNY §4838-01

Pre-Existing Liquefied Petroleum Gases

3 RCNY §4839-4844

Reserved

 

Summary:

Chapter 48 consolidates for convenient reference and enforcement purposes design and installation requirements derived from the repealed New York City Fire Prevention Code and former Fire Department rules for pre-existing boatyards, marinas and similar facilities, automotive salvage and wrecking facilities, fire protection systems, means of egress, motor fuel-dispensing facilities, repair garages, compressed gases, cryogenic fluids, flammable gases and liquefied petroleum gases.


CHAPTER 49
(MISCELLANEOUS)

3 RCNY §4900-01

Adjudications

3 RCNY §4900-02

Schedule of Charges for Fire Department Ambulance Service

 

Summary:

Section 4900-01 sets forth the Fire Department’s policy with respect to adjudications, as required by New York City Charter §1043.

Section 4900-02 sets forth the schedule of charges for Fire Department ambulance services.  The section was recently promulgated in a separate rulemaking proceeding.


FINAL AMENDED RULES


CHAPTER 2
(DEFINITIONS)

3 RCNY §202-01

Definitions

 

Summary:

The list of defined terms in Section 202-01(c) is amended to include terms defined in the new rule.


CHAPTER 38
(LIQUEFIED PETROLEUM GASES)

3 RCNY §3809-01

Liquefied Petroleum Gases

 

Summary:

Section 3809-01(j)(2)(G) is amended to allow the use of up to two LPG-fueled asphalt melters on a roof of non-combustible construction, regardless of the building height or whether the building is occupied.



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