(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;
(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)
(a) Scope. This section sets forth design, installation, operation and maintenance requirements for the storage, handling and use, at construction sites, of portable space heaters fueled by piped natural gas.
(b) General Provisions.
(1) Prohibited operations. It shall be unlawful to store or use a portable space heater fueled by piped natural gas at a construction site:
(A) for human comfort or any purpose other than construction-related curing and drying;
(B) for construction-related curing and drying, without a Department permit;
(C) in any part of the building under construction that is occupied;
(D) in any part of the building under construction that is located within ten (10) feet of any opening in a wall of an occupied adjacent structure or building, or within 50 feet of any building occupied for educational, health care or religious purposes, place of public assembly or other place of public gathering;
(E) at any construction site at which there is no shut-off valve for the piped natural gas service installed outside of the building under construction in accordance with the requirements of the Construction Codes; or
(F) where pressure of supply to piped natural gas to the building under construction is more than one-half (1/2) psig.
(2) Smoking.
(A) Pursuant to FC 3304.1, it shall be unlawful to smoke at any construction site.
(B) It shall be unlawful under any circumstance to smoke within ten (10) feet of any portable space heater fueled by piped natural gas.
(c) Permits.
(1) Permit required. A permit shall be obtained from the Department pursuant to FC 105.6 prior to any storage or use of portable space heaters fueled by piped natural gas at a construction site.
(2) Permit applications. Permit applications shall be filed by the owner, or by a registered design professional or contractor on the owner's behalf, with the District Office of the Bureau of Fire Prevention. The permit application shall include such information and documentation as the Department may require, including a completed application form and a copy of the work permit issued by the Department of Buildings (or other form of approval acceptable to the Department) authorizing the installation of temporary natural gas piping.
(d) Supervision.
(1) Use. Portable space heaters fueled by piped natural gas at a construction site shall be under the personal supervision of a certificate of fitness holder, whenever such heaters are in use.
(2) General. At all times other than when they are in use, portable space heaters fueled by piped natural gas at a construction site shall be under the general supervision of a certificate of fitness holder.
(3) Plumbers. Supervision of portable space heaters fueled by piped natural gas may be provided by a plumber, who shall perform all the duties required of the certificate of fitness holder by this section.
(e) Inspection.
(1) Frequency. The certificate of fitness holder shall periodically inspect all portable space heaters fueled by piped natural gas at a construction site. Such inspections shall be conducted as frequently as needed to ensure the safe operation of the heaters, considering the nature and location of the curing or drying operation and surrounding activities at the construction site, but in no event less than once every four (4) hours. All portable space heaters fueled by piped natural gas that are connected for use but not in use, and all natural gas piping and equipment installed at the construction site, including the outdoor gas service line shut-off valve, shall be inspected at least once every work day.
(2) Purpose. The certificate of fitness holder or plumber shall ensure that all such appliances, piping and equipment are in a safe condition and proper working order and are otherwise installed, maintained and operated in compliance with the requirements of this section. Any appliance, piping or equipment that is not in a safe condition or proper working order shall be immediately disconnected, promptly removed from the premises, and not returned to service unless restored to a safe condition or good working order.
(3) Recordkeeping. A record of all inspections required by this subdivision, including any corrective action taken, shall be entered in a bound log book kept at the construction site and made available for inspection by any Department representative.
(f) Design and Installation Requirements.
(1) Natural gas piping and control valves. In connection with the use of portable space heaters fueled by piped natural gas at construction sites:
(A) Temporary natural gas piping shall comply with all requirements of the construction codes.
(B) Temporary natural gas piping shall be installed in such a manner and at such locations as will minimize the risk of damage from the construction activity occurring at the construction site.
(C) Temporary natural gas piping shall be clearly marked "Natural Gas" at least once every 30 feet, and at least once in each room or other separate area.
(D) A shut-off valve shall be installed at each natural gas pipe outlet that is to be used for a portable space heaters fueled by piped natural gas with a flexible hose connection. A maximum of four (4) heaters may be connected to each such shut-off valve.
(E) All shut-off valves required by this section shall be hand operable and of the quarter-turn type.
(F) All valves required by this section shall be installed in unobstructed locations where they are clearly visible and readily accessible. Access shall be provided to any valve located more than seven (7) feet above floor level by means of a fixed or otherwise stable stair, ladder or platform.
(G) The outdoor gas service line shut-off valve shall be clearly marked with metal tags or in another permanent manner.
(H) Defective gas piping, tubing and fittings (including valves, strainers, filters) shall be replaced and not repaired. An adequate supply of spare parts and material shall be available on the premises for replacement.
(2) Portable space heaters fueled by piped natural gas. In connection with the use of portable space heaters fueled by piped natural gas at construction sites:
(A) Portable space heaters fueled by piped natural gas shall be listed and labeled as set forth in FC 313.5.1.
(B) All electrical wiring and equipment associated with the use of portable space heaters shall be installed in conformance with the Electrical Code.
(C) Flexible hoses used for connecting portable space heaters fueled by piped natural gas to natural gas pipe outlets:
(1) shall be suitable for natural gas service and of a type designed for a working pressure of not less than 350 psi;
(2) shall not exceed 20 feet in length;
(3) shall be installed with a shut-off valve between the end of the hose and the heater;
(4) shall not pass through any walls, partitions, ceilings or floors, or any other concealed location;
(5) shall not extend from one room to another, except through an opening where the door has been removed or secured from movement, and shall not be installed in such other manner or at such other locations as would expose the hose to crimping, wear or damage or constitute a falling or tripping hazard;
(6) shall not be used for any other purpose; and
(7) shall be maintained in a safe condition.
(g) Operational Requirements. In connection with the use of portable space heaters fueled by piped natural gas at construction sites:
(1) Portable space heaters fueled by piped natural gas shall be:
(A) used only in well-ventilated areas;
(B) placed on a noncombustible foundation; and
(C) placed at a safe distance from combustible materials, including combustible building construction, in accordance with the approved use of the portable space heaters set forth in the acceptance of the Department of Buildings or the approval of the New York City Board of Standards and Appeals, the listing, and in accordance with the manufacturer's operating instructions; and
(D) placed at least 20 feet from flammable liquids, combustible liquids and compressed gas containers.
(2) When the curing or drying is to take place within a temporary enclosure, only noncombustible panels, flame-resistant tarpaulins or similar fire-retardant materials shall be used for such enclosure. The enclosure shall be secured from movement by wind or other causes. Portable space heaters fueled by piped natural gas shall not be placed closer than ten (10) feet from any surface of the enclosure.
(3) Temporary lighting used in connection with curing or drying operations shall be equipped with heavy duty electrical cords and guards to prevent accidental contact with the bulb. Such lighting shall be removed from the area as soon as they are no longer needed.
(4) A portable combustible gas leak detector shall be readily available on the premises.
(5) At least one (1) copy of the manufacturer's operating and maintenance instructions for the portable space heaters fueled by piped natural gas shall be readily available at the construction site.
(h) Portable Fire Extinguisher Requirements. A portable fire extinguisher with at least a 20-B:C rating shall be provided on each floor of the construction site at a location not more than 30 feet from where a heater is in use or connected for use. A travel distance of up to 50 feet is allowed if a portable fire extinguisher with at least a 40-B:C rating is provided.
(Renumbered and amended City Record 9/20/2023, eff. 10/20/2023)
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