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RULES OF THE CITY OF NEW YORK - FINAL RULEMAKING NOTICES

 

 

 

FDNY RULE REPEAL AND REPROMULGATION
(FOURTH INSTALLMENT – CHAPTERS 1, 2, 4, 8, 9, 14, 34, 46 and 48)

Introduction:

This is the fourth and final 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 has undertaken 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 new rules have been renumbered to parallel the new Fire Code sections.  For example, §404-02, relating to Office Building Emergency Action Plans, corresponds to Fire Code §404 (FC404), which governs Emergency Action Plans.  The 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.

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, R4809-01 relates to the design and installation requirements of fire protection systems in pre-existing 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:

April 14, 2010

City Record Publication Date of Final Rules:

May 28, 2010

Effective Date of Final Rules:

July 1, 2010

Text of Final Rule:

Notice of Repeal of Existing Fire Department Rules, 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 §113-10

Construction Site Fire Safety Manager Training Courses

3 RCNY §113-11

Construction Site Fire Safety Manager Certificate of Fitness

3 RCNY §113-12

Building Operation, Maintenance and Recordkeeping Training Courses

 

Summary:

This chapter is amended to add three new rules, §§113-10, 113-11 and 113-12.

R113-10 sets forth standards for Fire Department accreditation of training courses for construction site fire safety manager certificates of fitness.

R113-11 sets forth the requirement that construction site fire safety managers obtain a Fire Department certificate of fitness, and the qualifications that applicants for such certificate must possess.  In response to public comment that the work experience qualifications for construction site fire safety managers are excessive, this section has been amended to reduce the required years of experience from 4 to 3 years, consistent with the work experience required to qualify for a certificate of fitness for fire safety director.

R113-12 sets forth standards for Fire Department accreditation of training courses forbuilding operations, maintenance and recordkeeping. In response to public comment that the rule should be more specific with respect to the required curriculum, R113-12 has been amended to identify specific portions of the Referenced Standards that are to be included in the continuing education course.


CHAPTER 4
(EMERGENCY PLANNING AND PREPAREDNESS)

3 RCNY §403-02

Theater Inspections, Maintenance and Recordkeeping

3 RCNY §404-01

Fire Safety and Evacuation Plans

3 RCNY §404-02

Office Building Emergency Action Plans

3 RCNY §404-03

Fire Safety Requirements for Sidewalk Cafes and Similar Public Gathering Places

 

Summary:

This chapter is amended to add four new sections, all of which are based on existing rules.

R403-02 sets forth maintenance requirements for performing arts theaters and motion picture theaters.  The scope of the rule has been clarified to indicate that concert halls and radio and television studios admitting an audience are considered to be performing arts theaters subject to compliance with the rule requirements.  These requirements were set forth in existing Fire Department rule 3 RCNY §31-04.

R404-01 sets forth standards, requirements and procedures for fire safety and evacuation plans.  These requirements were set forth in existing Fire Department rules 3 RCNY §§6-01, 34-02, 39-01 and
39-02, and on forms and instructions posted on the Fire Department’s website.

The Fire Department never formally promulgated a fire safety plan format.  A format was developed and released to the public many years ago, revised from time to time, and more recently posted on the website.

The organization and wording of the fire safety and evacuation plan substantially revises and updates the existing fire safety plan format, and mirrors the format developed for office building emergency action plans.  The fire safety and evacuation plan eliminates the website instructions that previously provided guidance in preparing these plans, and the forms and diagrams that were to be included with the fire safety plan.  These instructions, forms and diagrams were simplified and/or clarified, and incorporated into the plan formats appended to R404-01.

The fire safety and evacuation plan includes a number of important substantive changes.  First, the content of the fire safety and evacuation plan in hotels, motels and office buildings has been expanded to include the additional information required by FC404.3.

Second, the fire safety and evacuation plan in hotels, motels and office buildings will now require evacuation of the floor below the fire floor.  This is intended to facilitate firefighting operations by establishing a staging area below the fire floor.  This operational requirement was incorporated into the 2008 Building Code, which requires that fire alarm systems activating in the event of fire alert building occupants on the fire floor, the floor above the fire floor, and, for the first time, the floor below the fire floor.

Third, as reflected in the plan formats appended to R404-01, the fire safety and evacuation plan for office buildings has been consolidated with the emergency action plan required for office buildings by FC404.2.2 and R404-02.  The consolidation of the two plans is intended to eliminate overlapping filings, and fulfills one of the goals of the Fire Code Revision project and building owner representatives.

Fourth, it allows the required fire safety and evacuation plan staff training and fire drills for office buildings and hotel occupancies to be conducted in the form of computerized training, without live instruction, for not more than 50% of such training sessions, provided that such computerized training is interactive and includes an evaluation of the staff members understanding of the training materials.  The former rules allowed only live instruction for fire drills and fire safety plan staff training.  Building representatives have expressed an interest in utilizing computer-based training in presenting fire safety information to building staff and occupants.

In response to public comment, R404-01 was amended to clarify that existing hotels and motels with approved fire safety and evacuation plans must utilize the new format for amended plans filed on and after January 1, 2011, excluding amendments limited to FSP staff changes.

Other public comment suggested that the Fire Department require that fire safety and evacuation plans designate a re-entry floor a specified number of floors below the fire floor, to which building occupants evacuated from the fire floor, the floor above and the floor below would be directed.  Rather than designate a specific floor in this manner, which could be complicated by mechanical floors, security concerns and other building-specific issues, the rule allows the building owner to designate the locations to which such building occupants will be relocated within the building and/or evacuated from the building.  This information would be provided in Tables 2 and 3 to the fire safety and evacuation plan.

R404-02 sets forth standards, requirements and procedures for emergency action plans.  These requirements were set forth in existing Fire Department rule 3 RCNY §6-02, and on forms and instructions posted on the Fire Department’s website.  The section has been revised to designate building personnel designated as critical operations staff to be members of the EAP staff, and to require that all critical operation staff, including office employee critical operation staff, be provided with training from the fire safety/EAP director. The section has also been revised to clarify the use of computerized instruction in building drills and staff training, consistent with the authorization of computer-based training for fire drills and fire safety plan staff training.

In response to public comment, the section has been revised to restore the existing requirement of a “simultaneous” EAP drill set forth in
3 RCNY §6-02 (l)(4)(ii)(B).

The website instructions that previously provided guidance in preparing emergency action plans, and the tables and forms that were to be included with the emergency action plan, have, like those for fire safety plans, been simplified and/or clarified, and incorporated into the plan formats appended to R404-01.

R404-03 sets forth standards, requirements and procedures for sidewalk cafes and similar public gathering places.  These requirements were set forth in existing Fire Department rule 3 RCNY §35-01.  In response to public comment, this section has been amended to clarify the existing requirements for use of “café heaters” (portable space heaters fueled by piped natural gas) which are commonly associated with sidewalk cafes.  The section references the existing Fire Code permit and supervision requirements and the applicable Department of Buildings Technical Policy and Procedure Notice.


CHAPTER 8
(INTERIOR FURNISHINGS, DECORATIONS
AND SCENERY)

3 RCNY §805-02

Flame-Retardant Scenery

 

 

 

 

 

Summary:

This chapter is amended to add one new section
(R805-02), which sets forth requirements for flame-resistant scenery in assembly occupancies.  These requirements are found in existing rule
3 RCNY §19-01.


CHAPTER 9
(FIRE PROTECTION SYSTEMS)

3 RCNY §901-04

Buildings Temporarily Occupied as Emergency Shelters

 

 

 

 

 

Summary:

This chapter is amended to add one new section
(R901-04), which sets forth requirements for premises that are occupied, on a temporary basis, to provide emergency shelter for more than 15 persons.  These requirements are found in existing rule 3 RCNY
§39-02.


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

3 RCNY §1408-01

Construction Site Fire Safety Manager

 

 

 

Summary:

This chapter is amended to add one new section
(R1408-01).  R1408-01 addresses the supervision of fire safety at a construction site by a fire safety manager designated pursuant to FC1408.1.  It sets forth the duties and responsibilities of the construction site fire safety manager and requires that he or she be present at the construction site when construction, alteration and demolition work is being conducted.  In response to public comment, the requirement that the construction site fire safety manager sign out in the logbook whenever he or she leaves the construction site during the workday was eliminated.


CHAPTER 34
(FLAMMABLE AND COMBUSTIBLE LIQUIDS)

3 RCNY §3405-02

Storage, Handling and Use of Concentrated Alcohol-Based Hand Rubs

 

 

Summary:

This chapter is amended to add one new section
(R3405-02), which sets forth standards and requirements for the storage, handling and use of concentrated alcohol-based hand rubs.


CHAPTER 48
(PRE-EXISTING FACILITIES)

3 RCNY §4804-01

Pre-Existing Emergency Planning and Preparedness

 

 

 

Summary:

Chapter 48 is amended to add one section (R4804-01), which sets forth design and installation requirements for pre-existing facilities having holding areas in schools with physically handicapped students.  These requirements are set forth in existing rule 3 RCNY §34-02


FINAL AMENDED RULES


CHAPTER 1
(ADMINISTRATION)

3 RCNY §109-02

Consolidation of Administrative Code Provisions For Enforcement Purposes

3 RCNY §113-02

Fire Safety Director Certificates of Fitness

3 RCNY §113-03

Fire Safety/EAP Director Certificates of Fitness

3 RCNY §113-05

Fire Safety Director Training Courses

3 RCNY §115-01

Company Certificates

 

Summary:

R109-02 is amended to clarify that the failure to prevent unnecessary and unwarranted alarms pursuant to FC907.20.6 and R907-01(c) will be enforced as a Violation Category 12 violation.  This is not a substantive change inasmuch as FC907.20 had already been consolidated as part of this violation category.

R113-02 and R113-03 are amended to require that fire safety directors and fire safety/EAP directors attend a continuing education course that addresses the issues of building operation, maintenance and recordkeeping.  Such continuing education course will be in effect for one certificate renewal cycle, from October 1, 2010, through September 30, 2014.  The required curriculum for such course is set forth in new rule, R113-12.

With respect to future applicants for the fire safety director and fire safety/EAP certificate of fitness, R113-05 is amended to include building operation, maintenance requirements as part of the regular course curriculum.  Accordingly, newly-licensed fire safety and fire safety/EAP directors will receive this training as part of the fire safety director training course, and will not be required to attend the continuing education course required by R113-02 and R113-03.

R115-01 is amended for the sole purpose of correcting the numbering of several provisions to conform to the standard numbering protocol for Fire Department rules.


CHAPTER 2
(DEFINITIONS)

3 RCNY §202-01

Definitions

 

Summary:

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


CHAPTER 3
(GENERAL PRECAUTIONS AGAINST FIRE)

3 RCNY §303-01

Liquid-Fueled Tar Kettles and Asphalt Melters

 

Summary:

R303-01 is amended for the sole purpose of correcting an erroneous cross-reference to another provision of the rules.  R303-01(b)(2) makes reference to requirements for LPG-fueled tar kettles, but the provision erroneously references R3507, which relates to CNG storage, handling and use.  The reference is corrected to refer to R3809‑01(j)(2)(F), which governs LPG-fueled tar kettles,


CHAPTER 4
(EMERGENCY PLANNING AND PREPAREDNESS)

3 RCNY §408-01

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

 

Summary:

R408-01 is amended to correct a reference to the section number of a repealed rule.


CHAPTER 9
(FIRE PROTECTION SYSTEMS)

3 RCNY §907-01

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

3 RCNY §912-01

Periodic Testing of Standpipe and Sprinkler Systems With Fire Department Connections

 

Summary:

R907-01 is amended to change the standard for unnecessary and unwarranted alarms.  The Fire Department continues to respond to a large number of such alarms, which jeopardize public safety and increase response time to actual emergencies.

R912-01 is amended to clarify the requirements for periodic testing of sprinkler systems with fire department connections.


CHAPTER 17
(FUMIGATION AND INSECTICIDAL FOGGING)

3 RCNY §1703-01

Fumigation and Insecticidal fogging

 

Summary:

The chapter and R1703-01 titles are amended to reflect the Fire Department’s regulation (in R1703-01) of all insecticidal fogging, not just thermal insecticidal fogging.


CHAPTER 35
(FLAMMABLE GASES)

3 RCNY §3508-01

Sanitary Landfill Methane Gas Recovery Facilities

 

Summary:

R3508-01 is amended for the sole purpose of correcting the numbering of several provisions to conform to the standard numbering protocol for Fire Department rules.


CHAPTER 46
(FEES)

3 RCNY §4601-01

New and Amended Fees

 

Summary:

R4601-01 is amended to add five new fees.

The first fee is for Department accreditation of training schools for construction site fire safety managers.

The second fee is for Department accreditation of a continuing education course for fire safety directors and fire safety/EAP directors that addresses issues of building operation, maintenance and recordkeeping.

The third fee is a plan review fee for the combined fire safety and evacuation plan/emergency action plans in new rule, R404-01.  This plan review fee is 25% less than the total fees for separate plan reviews, reflecting the time savings resulting from the combined plan.

The fourth fee is a permit fee for storage and use of coke-fueled salamanders at a construction site.

The fifth fee seeks to recoup administrative costs associated with processing vacate orders.  The fee will be imposed at the time of dismissal, when the property owner submits proof of correction of the condition resulting in the issuance of the vacate order, and the Fire Department confirms such correction.


CHAPTER 48
(PRE-EXISTING FACILITIES)

3 RCNY §4809-01

Fire Protection Systems in Pre-Existing Facilities

3 RCNY §4833-01

Storage of Explosives and Special Effects in Pre-Existing Facilities

 

Summary:

The titles of R4803-01, R4809-01, R4810-01, R4830-01, R4832-01, R4835-01 and R4838-01 in this chapter are amended to conform to those in the chapter table of contents.

R4809-01 is amended to add a new subdivision (f), which sets forth design and installation requirements for pre-existing facilities having holding areas in schools with physically handicapped students.  These requirements are set forth in existing rule 3 RCNY §41-01.

R4833-01 is amended to add a new subdivision (e), which sets forth requirements for television special effects in pre-existing facilities.  These requirements are set forth in former Administrative Code
§27-4213.



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