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RULES OF THE CITY OF NEW YORK - FINAL RULEMAKING NOTICES

 

 

 

FDNY RULE REPEAL AND REPROMULGATION
(THIRD INSTALLMENT CHAPTERS 1, 4, 9, 27, 28 34, 36, 46 and 48)

Introduction:

This is the third 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 rules have been renumbered to parallel the new Fire Code sections.  For example, §3404-01, relating to out-of-service storage systems, corresponds to Fire Code §3404 (FC3404), which governs out-of-service storage systems.  The final rules have also revised existing rules 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.

This installment of the rules includes Chapter 48, entitled “Pre-Existing Facilities.”  This chapter does not correspond to any FC chapter but, as explained in R102-01, consolidates requirements for facilities, or parts thereof, 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 latter digits of the rule section number indicate the FC chapter to which the rule corresponds.  For example, R4828-01 relates to the design and installation requirements of pre-existing aerosol storage facilities that do not comply with Fire Code requirements.

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.  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:

May 28, 2009

City Record Publication Date of Final Rules:

July 22, 2009

Effective Date of Final Rules:

August 23, 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.



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FINAL NEW RULES

CHAPTER 1 (ADMINISTRATION)

3 RCNY §104-02

Professional Certification of Fire Alarm System Installations  Reserved

3 RCNY §105-01

Approval of Fire Alarm System Installations  Reserved

3 RCNY §106-108

Reserved

3 RCNY §113-09

Non-Production Laboratory Certificates of Fitness

 

Summary:

Chapter 1 has been amended by adding one new section.  R113-09 sets forth standards, requirements and procedures for issuance of certificates of fitness for non-production laboratories.  R113-09 differs from existing rule 3 RCNY §10-01(c)(1) in that it allows qualified undergraduate students to conduct independent research in non-production laboratories.  The existing rule was limited to graduate students.

The Fire Department had proposed two other new sections, R104-02 and R105-01, setting forth standards, requirements and procedures for the submission for Department review and approval of design and installation documents for fire alarm systems, and for professional certification, pursuant to FC104.2.1, of the design and installation of fire alarm systems.  Public comments were received in response to these proposed rules, which are still under review.  The Fire Department intends to separately promulgate these sections as final rules at a later date.


CHAPTER 4
(EMERGENCY PLANNING AND PREPAREDNESS)

3 RCNY §401-402

Reserved

3 RCNY §403-01

Fire Safety Precautions at Street Fairs and Similar Outdoor Public Gatherings

3 RCNY §404-407

Reserved

3 RCNY §408-02

Residential Fire Safety Guides and Notices

 

Summary:

Chapter 4 has amended to add two sections, both of which were based on existing rules.

R403-01, which was based on existing rule 3 RCNY §31-02, sets forth standards, requirements and procedures for fire safety at street fairs and other public gathering places.  It amended the existing rule 3 RCNY
§31-02 to implement the FC403 requirement of a site plan for such events, and to establish a new permitting procedure.

R408-02, which was based on existing rule 3 RCNY §43-01, sets forth standards, requirements and procedures for the preparation and distribution of residential fire safety guides (formerly denominated “residential fire safety plans”) and residential fire safety notices.  The guide has been amended to revise the reference to sprinkler requirements for existing buildings, and to make reference to Building Code requirements enacted since Local Law No. 10 of 1999 with respect to interconnected smoke alarms and one-way voice communication systems.


CHAPTER 9
(FIRE PROTECTION SYSTEMS)

3 RCNY §901-03

Portable Fire Extinguisher Sales

 

 

 

 

 

Summary:

Chapter 9 has been amended to add a new section (R901-03) that sets forth supervision requirements for the sale of portable fire extinguishers.  This supervision requirement is consistent with the supervision requirements set forth in the Fire Code and rules for individuals engaged in the servicing of portable fire extinguishers, and consistent with the Fire Code requirement to regulate fire extinguisher sales companies.


CHAPTER 27
(HAZARDOUS MATERIALS – GENERAL PROVISIONS)

3 RCNY §2701-2705

Reserved

3 RCNY §2706-01

Non-Production Laboratories

3 RCNY §2707-01

Transportation of Explosives by Motor Vehicles

3 RCNY §2707-02

Transportation by Motor Vehicle of Hazardous Materials in Continuous Transit Through New York City or For Transshipment From New York City

 

Summary:

Chapter 27 consists of three sections, all of which were based on existing rules.

R2706-01 sets forth standards and requirements for non-production chemical laboratories.  These standards and requirements were set forth in existing rule 3 RCNY §10-01.

R2707-01 sets forth requirements for the transportation of explosives by motor vehicles.  These requirements were set forth in existing rule
3 RCNY §40-01.

R2707-02 sets forth requirements for the transportation of flammable and combustible liquids, compressed gases, and explosives, in interstate and intrastate commerce passing through New York City, without pickup or delivery in the city.  These requirements were set forth in existing rule 3 RCNY §40-07.


CHAPTER 28
(AEROSOLS)

3 RCNY §2801-01

Aerosols

3 RCNY §2812-2806

Reserved

 

 

 

 

 

Summary:

Chapter 28 consists of a new section (R2801-01) that sets forth supervision requirements for the storage, handling and use of aerosols.  These supervision requirements are consistent with the requirements set forth in the Fire Code and rules for other hazardous materials.  Pursuant to FC102.2.2, persons supervising such aerosol storage, handling and use must obtain the certificate of fitness by July 1, 2009.


CHAPTER 34
(FLAMMABLE AND COMBUSTIBLE LIQUIDS)

3 RCNY §3401-3403

Reserved

3 RCNY §3404-01

Out-of-Service Storage Systems

3 RCNY §3404-02

Precision Testing of Certain Underground Storage Systems

3 RCNY §3404-03

Indoor and Aboveground Combustible Liquid Storage Systems

3 RCNY §3405-01

Storage and Use of Fuel Oil on Mobile Trailers for Heating and Power Generation

3 RCNY §3406-01

Storage of Flammable and Combustible Liquids on Roofs at Construction Sites

 

Summary:

Chapter 34 consists of five sections, all of which were based on existing rules.

R3404-01 sets forth requirements for out-of-service flammable and combustible liquid storage systems.  These requirements were set forth in existing rule 3 RCNY §21-02.

R3404-02 sets forth standards, requirements and procedures for precision tests of underground motor fuel, flammable liquid, and combustible liquid storage systems.  These requirements were set forth in existing rule 3 RCNY §21-03.

R3404-03 sets forth design and installation requirements for indoor combustible liquid storage tank systems.  These requirements were set forth in existing rule 3 RCNY §21-17.

R3405-01 sets forth requirements for the utilization of mobile trailers storing and using fuel oil for heating and power generating purposes.  This section expands the scope of existing rule (3 RCNY §21-18), which was limited to mobile trailers storing and using fuel oil for heating purposes.

R3406-01 sets forth requirements for the storage and use of flammable and combustible liquids on the roofs of building at construction sites.  These requirements were set forth in existing rule 3 RCNY §20-01.


CHAPTER 36
(FLAMMABLE SOLIDS)

3 RCNY §3601-01

Flammable Solids

3 RCNY §3602-3205

Reserved

 

 

 

 

 

Summary:

Chapter 36 consists of a new section (R3601-01) that sets forth supervision requirements for the storage, handling and use of flammable solids.  These supervision requirements are consistent with the requirements set forth in the Fire Code and rules for other hazardous materials.  Pursuant to FC102.2.2, persons supervising such flammable solids storage, handling and use must obtain the certificate of fitness by July 1, 2009.


CHAPTER 46
(FEES)

3 RCNY §4601-01

New and Amended Fees

3 RCNY §4602-4603

Reserved

 

 

 

Summary:

Chapter 46 has amended to add a new section (R4601-01) that sets forth provisions relating to the Department’s adoption of new and amended fees, and the incorporation of those fees into FC Appendix A.  The section also establishes two new fees: one in connection with fire safety inspection of construction sites pursuant to R1401-01, and one for review of professional certification of fire alarm system installations in connection with proposed rule, R104-02, entitled “Professional Certification of Fire Alarm System Installations.”


CHAPTER 48
(PRE-EXISTING FACILITIES)

3 RCNY §4823-4826

Reserved

3 RCNY §4827-01

Storage of Hazardous Materials in Pre-Existing Facilities

3 RCNY §4828-01

Storage of Aerosols in Pre-Existing Facilities

3 RCNY §4829-01

Storage of Combustible Fibers in Pre-Existing Facilities

3 RCNY §4831-01

Storage of Corrosive Materials in Pre-Existing Facilities

3 RCNY §4833-01

Storage of Explosives in Pre-Existing Facilities

3 RCNY §4834-01

Storage of Flammable and Combustible Liquids in Pre-Existing Facilities

3 RCNY §4839-01

Storage of Organic Peroxides in Pre-Existing Facilities

 

Summary:

Chapter 48 has amended to add seven sections, each of which consolidates the New York City Fire Prevention Code and existing Fire Department rules in effect on June 30, 2008 that are applicable to the design and installation of pre-existing facilities.

Section 4827-01 sets forth design and installation requirements for pre-existing wholesale drug stores and drug and chemical supply houses, and pre-existing laboratories.  These requirements were set forth in Fire Prevention Code (former Administrative Code §§27-4236, 27-4237, 27‑4238, 27-4242) and existing Fire Department rule 3 RCNY §15-05 for pre-existing wholesale drug stores and drug and chemical supply houses, and existing Fire Department rules 3 RCNY §§10-01 and 34-01 for pre-existing laboratories.  It also sets forth the storage quantity limitations and prohibitions for pre-existing technical establishments, pre-existing wholesale drug stores and drug and chemical supply houses, and pre-existing retail drug stores.  These requirements were set forth in Fire Prevention Code (former Administrative Code
§§27-4234, 27-4240 and 27-4241, and 27-4246), respectively.  Section 4827-01 has been amended to conform the provisions of the rule to reflect longstanding policy of the Fire Department to enforce the provisions against all schools (up to the twelfth grade), not just public high schools.

Section 4828-01 sets forth design and installation requirements for pre-existing aerosol storage.  These requirements were set forth in existing Fire Department rule 3 RCNY §32-01.

Section 4829-01 provides that pre-existing combustible fiber storage facilities on waterfront structures must comply with the requirements of the Fire Code, specifically including FC2906.  The requirements set forth in existing Fire Department rule 3 RCNY §30-01 have been incorporated into the Fire Code, and pre-existing facilities in compliance with those requirements would be allowed and approved under the new Fire Code.

Section 4831-01 sets forth design and installation requirements for pre-existing tanks used for bulk storage of acids.  These requirements were set forth in existing Fire Department rule 3 RCNY §1-01.

Section 4833-01 sets forth design and installation requirements for pre-existing magazines used for storage of explosives.  These requirements were set forth in existing Fire Department rule 3 RCNY §14-04.

Section 4834-01 sets forth design and installation requirements for pre-existing flammable and combustible liquid storage and use, including specific flammable and combustible liquid storage and use such as petroleum, acetone/nail polish remover, distilled liquors and alcohols, oils and fats, paints, varnishes and lacquers, and inks.  These requirements were set forth in Fire Prevention Code (former Administrative Code §§27-4065, 27-4066 and 27-4265) for flammable liquid manufacture, storage and use; Fire Prevention Code (former Administrative Code §§27‑4069 and 4070) for combustible liquid manufacture and storage; Fire Prevention Code (former Administrative Code §27-4055) for limited storage of petroleum, shale oils and the liquid products thereof; Fire Prevention Code (former Administrative §27-4227), for distilled liquors and alcohols; Fire Prevention Code (former Administrative Code §27-4094) for paints, varnishes and lacquers; Fire Prevention Code (former Administrative Code
§27-4231), and existing Fire Department rules 3 RCNY §§8-01 and
8-02 for oils and fats; Fire Prevention Code (former Administrative Code §27-4053) for bulk oil storage plants; existing Fire Department rules 3 RCNY §§ 21-06 and 21-17 for liquid tank storage systems; and existing Fire Department rules 3 RCNY §§20-07, 21-05, 28-01 and
28-04 for flammable and combustible liquid storage.

Section 4839-01 sets forth design and installation requirements for
pre-existing organic peroxide storage.  These requirements were set forth in existing Fire Department rule 3 RCNY §27-01.


FINAL AMENDED RULES


CHAPTER 1
(ADMINISTRATION)

3 RCNY §102-01

Pre-Existing Facilities and Conditions

3 RCNY §113-02

Fire Safety Director Certificates of Fitness

3 RCNY §113-03

Fire Safety/EAP Director Certificates of Fitness

 

Summary:

R102‑01 has been amended by adding a new subdivision (f).  The amendment sets forth the standard for compliance with new Fire Code requirements for construction projects that were in progress on July 1, 2008, the effective date of the new Fire Code.  The dates by which projects subject to this section must be completed were revised in the final rule.

R113-02(c) and (f) have been amended with respect to the renewal qualifications and registration of work locations for fire safety directors having more than one work location registered with the Department.

R113-03(c) and (f) have been amended with respect to the renewal qualifications and registration of work locations for fire safety/EAP directors having more than one work location registered with the Department.


CHAPTER 2
(DEFINITIONS)

3 RCNY §202-01

Definitions

 

Summary:

The list of defined terms in R202-01(c) has been amended to include terms defined in this rule promulgation.



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