Chapter 33: Fire Safety During Construction, Alteration, and Demolition

(Added City Record 9/20/2023, eff. 10/20/2023)

§ 3301-01 Enforcement of Fire Safety at Construction Sites.

   (a)   Scope. This section sets forth requirements relating to the operation of construction sites.

   (b)   Cooperation with Department Inspections.

      (1)   Construction sites are subject to regular inspection by the Department. Such inspections may include enforcement of Construction Code requirements pursuant to the authority granted to the Department by Administrative Code § 28-103.1. Inspection frequency will be determined by the Department based on an assessment of the risks associated with the construction, alteration and/or demolition work being conducted. Construction sites at which a building more than 35 feet in height or with a footprint of more than 7,500 square feet is being constructed or demolished will be inspected by the Department at least once every 30 days when construction or demolition operations are in progress, unless the Department's risk assessment of the specific construction site indicates a heightened or diminished risk warranting a different inspection frequency.

      (2)   The owner of every premises upon which construction, alteration or demolition operations are being conducted, the construction manager, project manager, general contractor and any other person in charge of such construction site, shall cooperate with the Department in its inspections of the construction site, including providing or arranging for access to and around the construction site, inspection of records, and communication with the owner or his or her design professionals, managers or contractors, as necessary or appropriate. The fire safety manager, where required pursuant to FC 3308, shall provide such assistance; or, where no fire safety manager is required, such assistance shall be provided by the liaison required by FC 2703.9.1.1 in connection with the storage, handling or use of hazardous materials or other appropriate representative of the owner, construction manager, project manager or general contractor.

   (c)   General Requirements. The owner shall ensure fire safety on the construction site by monitoring and enforcing compliance with all applicable code and rule provisions, including but not limited to the following requirements:

      (1)   obtaining and maintaining on the site all required permits, certificates and recordkeeping, including the Building Department work permit and Fire Department permits, in accordance with Administrative Code §§ 28-105.1 and 28-105.11, FC Chapter 1 and other applicable provisions of the code and rules;

      (2)   provision and maintenance of elevators in readiness, in accordance with FC 3311.3 and BC 3303.12;

      (3)   provision and maintenance of standpipe systems, in accordance with FC 3313 and BC 3303.8;

      (4)   provision and maintenance of sprinkler systems, in accordance with FC 3314 and BC 3306.9.6;

      (5)   provision and maintenance of stairways and other required means of egress, in accordance with FC 1027 and BC 3303.11;

      (6)   provision and maintenance of an approved water supply for fire protection purposes prior to delivery of hazardous materials or combustible materials at the construction site, in accordance with FC 3312;

      (7)   storage, handling and use of compressed gases, including LPG and CNG, in accordance with FC 3306, 5804.2, and 6109.12;

      (8)   storage, handling and use of flammable liquids and combustible liquids, including gasoline, diesel fuel, paint, varnishes and lacquers, and cargo tank vehicle fueling, in accordance with FC 3305 and 5702.2;

      (9)   storage, handling and use of small arms ammunition for powder-actuated tools, including nail and rivet guns, in accordance with FC 3318;

      (10)   storage, handling and use of heating, drying and curing devices, including portable fueled space heaters, in accordance with FC 3303, and the enforcement of the prohibition against open fires, in accordance with FC 3304;

      (11)   conduct of hot work operations, including the provision of a fire watch, in accordance with FC 3304 and FC 3504;

      (12)   provision, maintenance and ready availability of portable fire extinguishers, in accordance with FC 906;

      (13)   provision and maintenance of fire apparatus access, in accordance with FC 3310;

      (14)   provision and maintenance of an emergency telephone, in accordance with FC 3309;

      (15)   storage and removal of combustible waste from the construction site, in accordance with FC 3304.2;

      (16)   enforcement of the prohibition against smoking on the construction site, in accordance with FC 3304; and

      (17)   provision of a watchperson familiar with the location and use of firefighting equipment and location of emergency telephone and fire alarm boxes, when construction or demolition operations are not in progress, in accordance with BC 3307.5 and FC 3309.

      (18)   except as otherwise required by Administrative Code § 15-205 or other applicable law, rule or regulation, or as otherwise approved, providing and maintaining a clear space of five (5) feet from any construction site fence, equipment or other construction site material, operation or facility to any street (public) hydrant, to allow unobstructed Department access to the hydrant, making of hose connections, and operation of the hydrant operating nut.

(Amended City Record 4/4/2019, eff. 5/5/2019; renumbered and amended City Record 9/20/2023, eff. 10/20/2023)