(a) Scope. This section sets forth standards, requirements and procedures for the issuance of certificates of approval for articles, equipment and devices required by the Fire Code to be of a type for which such certificate has been issued.
(b) General Provisions.
(1) Certificate of approval required. A certificate of approval is required for the articles, equipment and devices set forth in FC 112.1, ventilated metal lockers used for the storage of liquefied petroleum gases, and such other articles, equipment and devices that are required to be of a type for which a certificate of approval must be issued.
(2) Revocation of New York City Board of Standards and Appeal Approvals. Articles, equipment and devices regulated by the Fire Code as to which there was a New York City Board of Standards and Appeals approval in effect on July 1, 2008, may continue to be installed and used, provided that such article, equipment or device is installed and used in compliance with the Fire Code and the rules, except as follows:
(A) Flameproofing chemicals. Approvals for all flameproofing chemicals given by the New York City Board of Standards and Appeals were revoked on January 1, 2001.
(B) Fire escape window gates. Approvals of all bars, grilles, grates or similar devices designed to be placed over openings onto fire escapes that were given by the New York City Board of Standards and Appeals are revoked as of the effective date of this section, except that pre-existing installations may continue to be used in compliance with the requirements of 3 RCNY § 102-01 and the operational and maintenance requirements of 3 RCNY § 1025-01.
(c) General Application Requirements. Applicants for a certificate of approval shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such certificate in accordance with FC 112 and this section.
(1) Application forms and information. Information relating to certificates of approval and application procedures, including application forms, may be obtained from the Department's web site, www.nyc.gov/fdny, and from the Technology Management Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.
(2) Submission. Applications for certificates of approval shall be made by a principal or officer of the manufacturer of the article, equipment or device for which such certificate is sought, or other person or company authorized to represent the manufacturer. Original and renewal applications may be filed with the Department in person or by mail, together with the non-refundable application fee.
(3) Abandoned applications. An application for a certificate of approval shall be deemed to have been abandoned six (6) months after the date of filing, unless such application has been diligently prosecuted or a certificate of approval has been issued. The Department may, in its discretion, grant one (1) or more extensions of time for additional periods not exceeding 90 days each, if there is good cause.
(4) Original applications. Applications for certificates of approval shall include the following information and documentation, and such other information and documentation as the Department may require:
(A) the corporate and trade names of the manufacturer of the article, equipment and device, its principal address and any New York City address, and contact information;
(B) the name and contact information of the manufacturer's authorized representative, if any;
(C) a detailed description of the design and the intended installation and/or use of the article, equipment or device; and
(D) the report of a nationally recognized testing laboratory or other approved organization approving the listing of the article, equipment or device, if such listing is required.
(5) Examination, demonstration and testing. The Department will notify the applicant if examination, demonstration or further testing of the article, equipment or device will be required.
(6) Renewal applications. An application for renewal of a certificate of approval shall disclose any changes in the design or intended installation and/or use of the article, equipment or device, and the following information and documentation:
(A) Evidence demonstrating that the article, equipment or device complies with the requirements of all applicable Fire Code and rule provisions enacted or adopted after the date of approval of the original application or prior renewal.
(B) Where required as a condition of approval, evidence that the article, equipment or device has a current listing.
(7) Conditions of approval. An original or renewal application will not be granted and a certificate of approval will not be issued unless the applicant acknowledges and accepts the conditions of approval. Such acknowledgement and acceptance shall be in the form of an affidavit or other form prescribed by the Department.
(8) Appeals. Any applicant aggrieved by a determination rendered upon an application for a certificate of approval may appeal such determination in accordance with the provisions of 3 RCNY § 104-01.
(d) Special Application Requirements. In addition to the general application requirements set forth in 3 RCNY § 112-01(c), applications for the following certificates of approval shall include the following information and documentation:
(1) Flame-retardant chemicals and treatments. Applications for a certificate of approval for flame-retardant chemicals and treatments shall include the following information and documentation:
(A) a copy of the Material Safety Data Sheet for the flame-retardant chemical;
(B) a report approving the listing of the flame-resistance chemicals and treatments that certifies that such chemicals and treatments have passed either Test 1 or Test 2 of NFPA 701. Such report shall indicate the flame-retardant chemicals tested, the manner in which they were applied, the materials to which they were applied, and such other information or documentation as the Department may require to demonstrate the flame-resistance imparted by such chemicals and treatments; and
(C) an affidavit, executed by a principal or officer of the applicant, setting forth the following information:
(1) the chemical's trade name;
(2) the types of material that may be satisfactorily treated with the chemical;
(3) the required or recommended manner in which such chemical shall be applied;
(4) the period of time that the flame-resistant chemical will impart flame resistance to the material; and
(5) a certification as to the effect, if any, that normal handling of the decoration (including washing, dry cleaning, ironing and sewing), will have on the effectiveness of the flame-resistant material.
(2) Fire escapes and emergency escape and rescue openings window gates. Applications for a certificate of approval for a window gate for a fire escape or emergency escape and rescue opening, or similar device, shall demonstrate to the satisfaction of the Department that such device complies the requirements of 3 RCNY § 1025-01.
(e) Revocation. A certificate of approval shall be automatically revoked upon the happening of any of the following events:
(1) the article, equipment or device cannot be installed or used in compliance with the Fire Code or the rules;
(2) change of ownership or corporate name;
(3) change in manufacturing process;
(4) change of product name;
(5) change of product model number;
(6) change in design;
(7) change in testing laboratory listing (including amendment or approval conditions, or revocation); or
(8) noncompliance with any of the original conditions of acceptance as specified in the certificate of approval.
(Amended City Record 9/20/2023, eff. 10/20/2023)