(a) Scope. This section sets forth the standards, requirements and procedures for the testing and certification of flame-resistant decorations.
(b) General Provisions.
(1) Applicability. The requirements of this section apply to decorations in any Group A, E, I, M occupancy, any common area in a Group R-1, R-2 and B occupancy, and any building or indoor space used as a public gathering place, other than guest rooms in hotels and motels, private offices in commercial buildings, and houses of worship.
(2) Prohibition. It shall be unlawful to install or maintain in any premises subject to this section any decoration that is not of a flame-resistant material.
(3) Supervision. The treating of a decoration with a chemical compound to impart flame resistance shall be conducted by or under the personal supervision of a certificate of fitness holder.
(4) Affidavit of flame resistance. It shall be unlawful to install or maintain any decoration in any premises subject to this section unless an affidavit of flame resistance for such decoration has been filed with the Department in compliance with the requirements of this section.
(c) Testing of Flame-Resistant Materials. Decorations that are treated with a flame-retardant chemical to render them flame-resistant may be subject to a field flame test by Department representative at any time as set forth in this section.
(1) The material should be tested using a sample that is dry and, unless impracticable, approximately one and one-half (1 1/2) inches wide by four (4) inches long.
(2) The flame test shall be performed in a draft-free, safe location, outdoors where practicable, and within ten (10) feet of a portable fire extinguisher with at least a 2-A rating.
(3) The sample shall be suspended (preferably with tongs) with the long axis vertical. The flame from a common wood match shall be applied to the center of the bottom edge of the sample for 12 seconds.
(4) The sample shall be deemed to be satisfactorily flame-resistant only when:
(A) the flaming does not spread rapidly over the sample;
(B) the sample does not continue to burn for more than two (2) seconds after the match has been withdrawn; and
(C) the flaming material does not break or drip from the sample and continue to burn.
(d) Affidavit of Flame-Retardant Treatment.
(1) The owner of any premises in which there is any decoration that is required to be subjected to a flame-retardant treatment shall, in accordance with the requirements of this section, file with the Department an affidavit of flame-retardant treatment for each such decoration.
(2) A decoration that is not inherently flame-resistant shall be subjected to a flame-retardant treatment:
(A) before being installed in the premises;
(B) after each washing, dry cleaning, ironing or sewing of the decoration, or other processing of the decoration that might impair the effectiveness of its flame resistance, unless otherwise provided in the certificate of approval for such flame-retardant treatment;
(C) at the end of the time period following each flame-retardant treatment that the manufacturer of the flame-retardant chemical warrants that the flame-retardant treatment will be effective, but in no case more than three (3) years from the date of the last affidavit of flame-retardant treatment filed with the Department; and
(D) any time the flame-resistant material fails to pass a field flame test conducted in accordance with the requirements of 3 RCNY § 805-01(c).
(3) The owner of the premises shall obtain from the person who performed the flame-retardant treatment an affidavit of such flame-retardant treatment that meets the requirements of 3 RCNY § 805-01(d)(4). Such owner shall file such affidavit with the Department in accordance with the requirements of 3 RCNY § 805-01(d)(5), and shall maintain on the premises for inspection by any Department representative a copy of such affidavit and a record of each washing or dry cleaning of the decoration, or other processing of the decoration that might impair the effectiveness of its flame resistance.
(4) An affidavit executed by the person who performed or personally supervised the flame-retardant treatment and the testing of the flame-resistant material shall contain the following information:
(A) the name of the affiant, and the number and expiration date of his or her certificate of fitness for flame-retardant treatment;
(B) the date of the treatment and/or testing;
(C) the name of the manufacturer of the flame-retardant chemical, its trade name and its Certificate of Approval number;
(D) a detailed description of the materials treated and a statement indicating that the flame-retardant treatment used has been approved under the certificate of approval for the materials treated;
(E) the period of time that the manufacturer of the flame-retardant chemical warrants that the material's flame resistance will be effective; and
(F) the affiant's certification that the material, and the flame-retardant treatment comply with 3 RCNY § 805-01(b), and that the affiant personally subjected a sample of the treated material to a flame test in accordance with the requirements of 3 RCNY § 805-01(c), or personally supervised such test, and the material passed such test.
(5) An affidavit of flame-retardant treatment shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the decoration in the premises following the flame-retardant treatment and/or testing of the decoration in accordance with 3 RCNY § 805-01(d)(2).
(6) The Department may reject any affidavit of flame-retardant treatment that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the public space containing the decoration and to the certificate of fitness holder who executed such affidavit. The decoration shall be removed from the affected occupancy and shall not be reinstalled until it has been subjected to a flame-retardant treatment in compliance with the requirements of this section and a satisfactory affidavit of flame-retardant treatment filed with the Department.
(e) Affidavit of Inherently Flame-Resistant Material.
(1) The owner of any premises in which there is any decoration made of inherently flame-resistant material shall file an affidavit from a certificate of fitness holder for each such decoration attesting to such properties. The owner of such premises shall file with the Department in compliance with the requirements of this section, and shall maintain a copy of such affidavit on the premises for inspection by any Department representative.
(2) The affidavit of inherently flame-resistant material shall contain the following information:
(A) the name of the person who personally inspected and/or tested the decoration, and the number and expiration date of his or her certificate of fitness for flame-retardant treatment;
(B) the name of the manufacturer of the material; and
(C) an exact description of the material, and a description of the properties of the material that render it inherently flame-resistant.
(3) An affidavit of inherently flame-resistant material shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the decoration in the premises.
(4) The Department may reject any affidavit of inherently flame-resistant material that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the premises containing the decoration and to the certificate of fitness holder who executed such affidavit. The decoration shall be removed and shall not be reinstalled until a satisfactory affidavit of inherently flame-resistant material has been filed with the Department, or the decoration has been subjected to a flame-retardant treatment in accordance with the requirements of this section and a satisfactory affidavit of flame-retardant treatment has been filed with the Department.
(f) Temporary Decorations. Notwithstanding any other provision of this section to the contrary, when a decoration is installed or maintained in a premises on a temporary basis not to exceed 30 days, such as at a trade show or similar public gathering, the Department, in its discretion and upon a showing by the application that it would be an undue hardship to comply with the requirements of this section, may accept, in lieu of an affidavit of flame-retardant treatment or inherently flame-resistant material, a testing report from a nationally recognized laboratory or certification from other qualified flame-retardant treatment professionals acceptable to the Department indicating that the material has passed Test 1 or Test 2, as set forth in NFPA 701. Nothing contained in this subdivision shall be construed to necessitate that representative samples or other merchandise displayed at trade shows or similar public gatherings comply with the requirements of this section.
(g) Enforcement. In addition to such other penalties that may be applicable for failure to comply with the requirements of FC Chapter 8 or this section, the Department may:
(1) order an owner of any premises containing a decoration for which no affidavit has been filed with the Department or that fails a flame test to remove such decoration forthwith, and not to reinstall or maintain the decoration in any affected occupancy unless and until the decoration has been subjected to a flame-retardant treatment and tested and an affidavit has been filed in accordance with this section.
(2) take appropriate action against the certificate of fitness holder for misconduct for improperly completing an affidavit of flame-retardant treatment or inherently flame-resistant material.