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PROPOSED RULES

 

FDNY RULE REPEAL, REPROMULGATION, AND AMENDMENTS
(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 proposed new 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 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. 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.”

City Record Publication Date of Notice of Opportunity to Comment:

Monday, April 27, 2009

Date of Public Hearing:

Thursday, May 28, 2009

Deadline for Submission of Written Comments:

Thursday, May 28, 2009

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 New Rules, and Proposed Amended Rules, and Statement of Basis and Purpose

PROPOSED TO BE REPEALED

Existing FDNY Rules
Proposed To Be Repealed:

3 RCNY §1-01

Tanks Used for Bulk Storage of Acids

3 RCNY §7-01

Required Periodic Tests of Fire Extinguishing Systems in Bulk Oil Storage Systems

3 RCNY §7-02

Color Coding for Fire Extinguishing Systems in Bulk Oil Storage and Similar Plants

3 RCNY §7-03

Signs at Fuel Oil Loading Racks in Bulk Oil Terminals

3 RCNY §7-04

Hydrostatic Testing of Buried Piping in Oil Storage Plants

3 RCNY §7-05

Hydrocarbon Vapor Recovery Units for Use in Bulk Plants Storing or Dispensing Volatiles (Such as Gasoline)

3 RCNY §7-06

Oil Spill Control at Bulk Storage Plants and Petroleum Product Pipelines

3 RCNY §7-07

Manufacture, Refining and Distilling of Petroleum, Coal Tar, or the Liquid or Solid Products Thereof, and the Storage, Transportation or Use of any Such Products in Certain Areas in the Borough of Richmond

3 RCNY §7-08

Certificates of Fitness for Bulk Oil Storage Plants

3 RCNY §8-01

Fire Extinguishing Requirements for the Storage of Fats and Oils

3 RCNY §8-02

Storage and Use of Cable Oils with a Flashpoint Over 3000F

3 RCNY §10-01

Storage and Use of Chemicals, Acids and Gases in College, University, Hospital, Research and Commercial Laboratories

3 RCNY §12-01

Fire Drill and Evacuation in Hospitals and Nursing Institutions

3 RCNY §14-01

Explosives Control

3 RCNY §14-02

Identification of Blasting Caps

3 RCNY §14-03

Transportation, Storage, Sale and Use of Blasting Explosives

3 RCNY §14-04

Specifications for Explosive Magazines

3 RCNY §14-05

Alarm Systems For First Class Explosives (Powder and Caps) Magazines, and for All Magazines Storing Explosives Overnight

3 RCNY §14-06

Use of Explosives for the Demolition of Structures

3 RCNY §14-07

Disposal of Dynamite

3 RCNY §15-05

Fire Protection in Wholesale Drug and Chemical Supply Houses

3 RCNY §15-06

Fire Extinguishing Requirements for the Storage of Distilled Liquors and Alcohols

3 RCNY §20-01

Storage and Use of Flammable and Combustible Liquids and Mixtures

3 RCNY §20-02

Storage and Use of Combustible Mixtures and/or Kerosene in Multiple Dwelling Occupancies

3 RCNY §20-03

Products Exempt from Certificate of Approval and/or Permit Labeling Requirements

3 RCNY §20-04

Labels on Containers of Flammable and Combustible Mixtures

3 RCNY §20-05

Use of Plastic Containers for Flammable and Combustible Mixtures

3 RCNY §20-06

Storage of Liquids, Gases or Solids Having a Flashpoint of Less Than 1000F in Refrigerators

3 RCNY §20-07

Storage and Sale of Acetone and/or Nail Polish Remover

3 RCNY §20-10

Hi-lows, Tractors and Similar Equipment

3 RCNY §20-11

Storage and Use of Combustible Liquids in Dry Cleaning Establishments

3 RCNY §21-01

Periodic Testing and Maintenance of Foam Extinguishing Systems for Gasoline and/or Diesel Oil Tank Vaults in Oil Selling Stations, Private Fill Stations and Garages

3 RCNY §21-02

Out-of-Service Storage Systems

3 RCNY §21-03

Performance of Precision Tests on Underground Storage Systems Containing Motor Vehicle Fuels or Other Flammable Liquids or Mixtures

3 RCNY §21-04

Required Tests of Buried Flammable Storage Systems

3 RCNY §21-05

Storage and Sale of Flammable and/or Volatile Flammable Oils in Retail Paint Stores

3 RCNY §21-06

Safeguards for Filling Above Ground Storage Tanks in Paint Stores

3 RCNY §21-11

Installation of Buried Gasoline Storage Systems for Temporary Use on Construction Projects in Lieu of Above-Ground Storage as Provided in § 27-4058(d) of the Administrative Code

3 RCNY §21-15

Helicopter External Load Operations

3 RCNY §21-17

Installation of Storage Tanks and Piping for Liquids Having Flashpoints of 100 Degrees Fahrenheit or Higher Tag. Open Cup

3 RCNY §21-18

Mobile Emergency Heating Trailers Using Fuel Oil

3 RCNY §27-01

Storage, Sale or Use of Organic Peroxides Packaged for Manufacturing, Industrial or Commercial Uses

3 RCNY §28-01

Storage of Paints, Varnishes and Lacquers, and Similar Products in Multiple Dwellings

3 RCNY §28-02

Temporary Paint Storage Rooms in Schools of the Board of Education

3 RCNY §28-03

Installation of Sprinkler Heads for Spray Booth-Drying Ovens

3 RCNY §28-04

Storage and/or Use of Inks

3 RCNY §28-05

Storage and Use of Flammable and Combustible Floor Finishing Products

3 RCNY §29-01

Fire Protection Requirements in City Operated Parking Lots Equipped with Parking Meters

3 RCNY §29-02

Fire Aisle Spaces in Parking Lots

3 RCNY §29-03

Openings Between Converted Three-Family Multiple Dwelling Garages and Dwelling Portions

3 RCNY §30-01

Storage of Sisal, Hemp and/or Similar Combustible Cargo on Piers

3 RCNY §30-02

Storage of Gasoline Propelled Hi-Lows, Tractors and Similar Equipment on Piers

3 RCNY §31-01

Places of Public Assembly Wherein Trade Shows and Similar Exhibitions are Conducted

3 RCNY §31-02

Storage and/or Use of Liquid or Gaseous Fuels in Conjunction with Bazaars, Street Festivals, Carnivals, Fairs or Similar Outdoor Events

3 RCNY §32-01

Manufacture, Storage and Use of Pressurized Products

3 RCNY §33-01

Plan Requirements for Refrigerating Systems

3 RCNY §33-03

Qualified Refrigerating Machine Operator Requirements

3 RCNY §33-04

Approved Refrigerants-Group 1

3 RCNY §33-05

Lithium Bromide Absorption Systems

3 RCNY §34-01

Storage and Use of Limited Quantities of Chemicals, Acids, and Flammables for Instruction Purposes in Public High Schools

3 RCNY §37-01

Holders of Fire Department Certificates of Fitness for Maintenance of Sprinkler and/or Standpipe Systems

3 RCNY §40-01

Trucks Transporting Explosives

3 RCNY §40-02

Transportation of Class 4 Through Class 9 Hazardous Materials by Cargo Tank or Other Motor Vehicle

3 RCNY §40-04

Transportation of Flammable and Combustible Liquids by Cargo Tank or Other Vehicle

3 RCNY §40-06

Transportation of Compressed Gases by Cargo Tank or Other Vehicle

3 RCNY §40-07

Transportation of Hazardous Cargo Through the City of New York by Motor Vehicle

3 RCNY §43-01

Residential Fire Safety Plans and Notices

 



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To view a cross-reference table that identifies the new Fire Code or Fire Department rule sections that correspond to these repealed rules, click here.

PROPOSED NEW RULES

CHAPTER 1 (ADMINISTRATION)

3 RCNY §105-01

Approval of Fire Alarm System Installations

3 RCNY §106-108

Reserved

3 RCNY §113-09

Non-Production Laboratory Certificates of Fitness

 

Summary:

Chapter 1 is amended by adding three new sections.

R104-02 sets forth the standards, requirements and procedures for the professional certification, pursuant to FC104.2.1, of the design and installation of fire alarm systems.

R105-01 sets forth the standards, requirements and procedures for the submission for Department review and approval of design and installation documents for fire alarm systems.

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 would allow qualified undergraduate students to conduct independent research in non-production laboratories. The existing rule is limited to graduate students.


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

Fire Safety Precautions at Street Fairs and Similar Outdoor Public Gatherings

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:

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

R403-01, which is 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 amends 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 is 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 is 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 are based on existing rules.

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

R2707-01 sets forth requirements for the transportation of explosives by motor vehicles.  These requirements are 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 are 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 are based on existing rules.

R3404-01 sets forth requirements for out-of service flammable and combustible liquid storage systems.  These requirements are 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 are 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 are 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 is 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 are 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 9 is 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 proposes 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 is 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 are 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 are 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 are 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 are set forth in existing Fire Department rule 3 RCNY §27-01.


PROPOSED 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 is amended by adding a new subdivision (f).  The proposed 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.

R113-02(c) and (f) are 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) are 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 Section 202-01(c) is amended to include terms defined in the new rule.



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