L.L. 2008/026

Enactment date: 6/3/2008

Int. No. 732-A

By Council Members Martinez, Stewart, Dickens, Weprin, Sears and Mealy (by request of the Mayor)

A Local Law to amend the New York city charter and administrative code of the city of New York, in relation to enacting the New York city fire code, and repealing subdivisions (7) through (19) of section 15-232 and chapter 4 of title 27 of the administrative code, relating to the New York city fire prevention code.

Be it enacted by the Council as follows:

Section 1. Legislative findings. In April 2003, the Mayor's Advisory Commission on the Adoption of the International Building Code, established by Executive Order No. 30 of 2002, recommended the adoption of a new building code and related codes based on the model codes published by the International Code Council. A new building code and other construction codes were adopted with the enactment of local law number 33 of 2007. The fire department has undertaken a three-year process of reviewing the International Fire Code and incorporating appropriate amendments that reflect the unique character of the city and existing fire code standards and requirements.

The council finds that the enactment of this fire code will serve to promote and enhance fire safety in New York city, by adopting more modern and comprehensive fire safety regulations. In addition, in enacting this code, the city joins a growing number of states and municipalities across the country that have adopted fire codes based on the International Fire Code. The increased transparency of the city's fire safety regulations will help promote both code compliance and economic development in New York city, and participation in the model code development process sponsored by the International Code Council will facilitate the ongoing evaluation and modernization of those regulations.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 14. All actions and proceedings, civil or criminal, commenced prior to the effective date of this local law in accordance with any provision repealed by this local law and pending immediately prior to the taking effect of such repeal may be prosecuted and defended to final effect in the same manner as they might if those provisions had not been repealed.

§ 15. Rules promulgated by the fire commissioner in accordance with the law in effect prior to the effective date of this local law shall remain in effect for the matters covered to the extent that such rules are not inconsistent with the New York city fire code, as added by this local law, unless and until such rules are amended or repealed by the fire commissioner.

§ 16. Notwithstanding any other law or rule, new tables, figures or equations in graphic or PDF format to be added to the New York City Fire Code pursuant to this local law need not be underlined to denote new matter being added. The absence of underlining to denote new matter being added shall not affect the validity of new tables, figures or equations in graphic or PDF format to be added to the New York City Fire Code pursuant to this local law.

§ 17. This local law shall take effect on July 1, 2008, except that the fire commissioner may take prior to such date any administrative actions necessary for the timely implementation of this local law, including but not limited to the promulgation of rules.