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THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Chapter 1: Administration
Chapter 2: Definitions
Chapter 3: General Precautions Against Fire
Chapter 4: Emergency Planning and Preparedness
Chapter 5: Fire Operations Features
Chapter 6: Building Services and Systems
Chapter 7: Fire-Resistant Rated Construction
Chapter 8: Interior Furnishings, Decorations and Scenery
Chapter 9: Fire Protection Systems
Chapter 10: Means of Egress
Chapter 11: Reserved
Chapter 12: Reserved
Chapter 13: Reserved
Chapter 14: Reserved
Chapter 15: Reserved
Chapter 16: Reserved
Chapter 17: Reserved
Chapter 18: Reserved
Chapter 19: Reserved
Chapter 20: Aviation Facilities and Operations
Chapter 21: Dry Cleaning
Chapter 22: Combustible Dust-Producing Operations
Chapter 23: Motor Fuel Dispensing Facilities and Repair Garages
Chapter 24: Flammable Finishes
Chapter 25: Fruit and Crop Ripening
Chapter 26: Fumigation and Insecticidal Fogging
Chapter 27: Semiconductor Fabrication Facilities
Chapter 28: Lumbar Yards and Wood Waste Materials
Chapter 29: Manufacture of Organic Coatings
Chapter 30: Industrial Furnaces
Chapter 31: Tents and Other Membrane Structures
Chapter 32: High-Piled Combustible Storage
Chapter 33: Fire Safety During Construction, Alteration, and Demolition
Chapter 34: Tire Rebuilding and Tire Storage
Chapter 35: Welding and Other Hot Work
Chapter 36: Marinas
Chapter 37: Combustible Fibers
Chapter 38: Reserved
Chapter 39: Reserved
Chapter 40: Distilleries
Chapter 41: Reserved
Chapter 42: Reserved
Chapter 43: Reserved
Chapter 44: Reserved
Chapter 45: Reserved
Chapter 46: Reserved
Chapter 47: Reserved
Chapter 48: Reserved
Chapter 49: Reserved
Chapter 50: Hazardous Materials - General Provisions
Chapter 51: Aerosols
Chapter 52: Reserved
Chapter 53: Compressed Gases
Chapter 54: Corrosive Materials
Chapter 55: Cryogenic Fluids
Chapter 56: Explosives, Fireworks and Special Effects
Chapter 57: Flammable and Combustible Liquids
Chapter 58: Flammable Gases
Chapter 59: Flammable Solids
Chapter 60: Highly Toxic and Toxic Materials
Chapter 61: Liquefied Petroleum Gases
Chapter 62: Organic Peroxides
Chapter 63: Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids
Chapter 64: Pyrophoric Materials
Chapter 65: Pyroxylin Plastics
Chapter 66: Unstable (Reactive) Materials
Chapter 67: Water-Reactive Solids and Liquids
Chapter 68: Reserved
Chapter 69: Reserved
Chapter 70: Reserved
Chapter 71: Reserved
Chapter 72: Reserved
Chapter 73: Reserved
Chapter 74: Reserved
Chapter 75: Reserved
Chapter 76: Reserved
Chapter 77: Reserved
Chapter 78: Reserved
Chapter 79: Reserved
Chapter 80: Referenced Standards
Chapter 81: Fees
Chapter 82: Referenced Standard Modifications
Chapter 83: Pre-Existing Facilities
§ 8301-01 Former Board of Standards and Appeals Rules.
§ 8302-01 Pre-Existing Definitions.
§ 8303-01 General Precautions Against Fire in Pre-Existing Facilities.
§ 8304-01 Pre-Existing Emergency Planning and Preparedness.
§ 8305 Reserved.
§ 8306 Reserved.
§ 8307 Reserved.
§ 8308 Reserved.
§ 8309-01 Fire Protection Systems in Pre-Existing Facilities.
§ 8310-01 Means of Egress in Pre-Existing Facilities.
§ 8311 Reserved.
§ 8312 Reserved.
§ 8313 Reserved.
§ 8314 Reserved.
§ 8315 Reserved.
§ 8316 Reserved.
§ 8317 Reserved.
§ 8318 Reserved.
§ 8319 Reserved.
§ 8320 Reserved.
§ 8321 Reserved.
§ 8322-01 Pre-Existing Motor Fuel-Dispensing Facilities and Repair Garages.
§ 8323 Reserved.
§ 8324 Reserved.
§ 8325 Reserved.
§ 8326 Reserved.
§ 8327-01 Storage of Hazardous Materials in Pre-Existing Facilities.
§ 8328-01 Storage of Aerosols in Pre-Existing Facilities.
§ 8329-01 Storage of Combustible Fibers in Pre-Existing Facilities.
§ 8330-01 Storage of Compressed Gases in Pre-Existing Facilities.
§ 8331-01 Storage of Corrosive Materials in Pre-Existing Facilities.
§ 8332-01 Storage of Cryogenic Fluids in Pre-Existing Facilities.
§ 8333-01 Storage of Explosives and Special Effects in Pre-Existing Facilities.
§ 8334-01 Storage of Flammable and Combustible Liquids in Pre-Existing Facilities.
§ 8335-01 Storage of Flammable Gases in Pre-Existing Facilities.
§ 8336 Reserved.
§ 8337 Reserved.
§ 8338-01 Storage of Liquefied Petroleum Gases in Pre-Existing Facilities.
§ 8339-01 Storage of Organic Peroxides in Pre-Existing Facilities.
§ 8340 Reserved.
§ 8341 Reserved.
§ 8342 Reserved.
§ 8343 Reserved.
§ 8344 Reserved.
Chapter 84: Miscellaneous
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 8302-01 Pre-Existing Definitions.
   (a)   Scope. This section sets forth definitions of terms used in the Fire Prevention Code and former Fire Department rules in effect on June 30, 2008 that are consolidated in 3 RCNY Chapter 83.
   (b)   Definitions.
      Board of Standards and Appeals. New York City Board of Standards and Appeals.
      Department of Buildings. New York City Department of Buildings.
      Department of Small Business Services. New York City Department of Small Business Services.
      Multiple dwelling. A multiple dwelling, as defined in subdivision seven of section four of the multiple dwelling law, including any portion of such dwelling used for other than living or sleeping purposes, or for any business, commercial or other non-residential purpose. (Fire Prevention Code, former Administrative Code § 27-4002(27a))
      Structure. Any building or construction of any kind. (Fire Prevention Code, former Administrative Code § 27-4002(38)(c))
(Renumbered City Record 9/20/2023, eff. 10/20/2023)
§ 8303-01 General Precautions Against Fire in Pre-Existing Facilities.
   (a)   Scope. This section consolidates the Fire Prevention Code and former Fire Department rules in effect on June 30, 2008 that are applicable to the design and installation of fire safety precautions in pre-existing facilities.
   (b)   Definitions. [Reserved.]
   (c)   Boatyards, Marinas and Similar Facilities. Boatyards, marinas and similar facilities in compliance with former Fire Department rule § 5-01 are allowed and would be approved under the provisions of the Fire Code and the rules, and accordingly, such facilities shall be designed and installed in compliance with the requirements of 3 RCNY § 301-01, except that in pre-existing facilities with fire apparatus access roads less than 38 feet wide, such fire apparatus access roads shall be continued in compliance with the provisions of former Fire Department rule § 5-01(b) until such time as such facilities may be required to comply with the Fire Code and the rules with respect to such access roads.
      (1)   Former Fire Department Rule § 5-01(b)
         § 5-01 Fire Protection of Boatyards, Marinas and Similar Occupancies.
         (b)   For firefighting purposes, adequate unobstructed aisles and cross aisles of at least 20 foot width shall be provided for both length and width of premises and maintained clear in all directions so that no point in the yard is further than 75 feet from an access aisle in any direction.
   (d)   Automotive salvage and wrecking facilities. Automotive salvage and wrecking facilities in compliance with former Fire Department rule § 4-01 are allowed and would be approved under the provisions of the Fire Code and the rules, and accordingly, such facilities shall be designed and installed in compliance with the requirements of FC 316, except that in pre-existing facilities with fire apparatus access roads less than 38 feet wide, such fire apparatus access roads shall be continued in compliance with the provisions of the former Fire Department rule § 4-01(e)(2)(i) until such time as such facilities may be required to comply with the Fire Code and the rules with respect to such access roads.
      (1)   Former Fire Department Rule § 4-01(e)(2)(i)
         § 4-01 Fire Protection of Automotive Salvage and Wrecking Establishments.
         (e)   Fire protection requirements.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
            (2)   Access and separation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
               (i)   Driveways having a minimum width of fifteen feet shall be provided and shall be so spaced that a maximum grid system of not over fifty feet by one hundred feet is produced. Driveways shall be maintained unobstructed to provide access for Fire Department equipment.
(Renumbered City Record 9/20/2023, eff. 10/20/2023)
§ 8304-01 Pre-Existing Emergency Planning and Preparedness.
   (a)   Scope. This section consolidates the Fire Prevention Code and former Fire Department rules in effect on June 30, 2008 that are applicable to the design and installation of pre-existing facilities for purposes of emergency planning and preparedness.
   (b)   Definitions. [Reserved.]
   (c)   General Provisions. Pre-existing facilities, the design and installation of which for emergency planning and preparedness purposes would not be allowed or approved under the Fire Code, but which, pursuant to FC 102.3 and 3 RCNY § 102-01, may be continued with respect to such emergency planning and preparedness under the applicable laws, rules and regulations in effect prior to the Fire Code, shall continue to comply with the provisions of such laws, rules and regulations, including former Fire Department rules § 34-02, as applicable, with respect to such emergency planning and preparedness, until such time as such facilities may be required to comply with the Fire Code and the rules with respect to the design and installation of such emergency planning and preparedness.
   (d)   Life Safety Requirements for Schools with Physically Handicapped Students.
      (1)   Former Fire Department Rule § 34-02.
         § 34-02 Life Safety Requirements for Schools with Physically Handicapped Students. The following life safety requirements shall apply to those public schools included in the Board of Education, Division of School Buildings, ABR/COH Facilities Accessibility Program which is contained in the Jose P. vs Ambach, et al. (Index No. 79 Civ. 270) judgment plan, appendices and stipulations and shall apply to private preschools through secondary schools.
         (a)   Buildings to be of class 1 (1938 [Administrative] Building Code) construction, or Group 1A, lB, or 1C (1968 Administrative Code), shall conform to the structural, service equipment and occupancy requirement of Chapter 1 of Title 27 of the [Administrative] 1968 Building Code and to the regulations of the Department of Buildings.
. . . . . . . . . .
         (c)   At no time shall occupancy by non-ambulatory students be permitted in basement or cellar area of school unless entire area of basement or cellar is fully sprinklered by a wet automatic sprinkler system (electrical rooms excluded).
            (1)   Where terrain configuration places cellar or basement Holdings Area(s) in a position that affords accessibility to Fire Department personnel, sprinkler requirements as per subdivision (c) above, may be waived. Such relief is subject to approval of Bureau of Fire Prevention.
            (2)   Where terrain configuration places cellar or basement space intended for use by non-ambulatory student on a level where egress may be made directly and unencumbered to the exterior of the building via exits constructed for such purpose, the Holding Area(s) requirements in such cellar or basement space may be waived. Relief from Holding Area(s) provision in this case is subject to approval of Bureau of Fire Prevention.
         (d)   Holding Area(s) shall be provided on each floor above and below grade level where occupancy by non-ambulatory students is to be permitted.
            (1)   Holding Area(s) shall be designated room(s) fully enclosed in non-combustible partitions with all door openings therein either of non-combustible material or of solid wood construction located adjacent to an exit stairwell. Egress from the Holding Area(s) shall be by way of a corridor. These rooms shall be provided with a 2-way voice communication system acceptable to the Fire Commissioner that shall be connected to both the custodian's office and the principal's office. The communication system shall be properly maintained in working order at all times. Inspections, test maintenance and record keeping requirements shall be the responsibility of the person holding the certificate of fitness for [the Interior Fire Alarm System] supervision of fire alarm system maintenance, and shall conform to the requirements of [§ (g) of the Administrative Code] FC 901.6.1.
            (2)   Holding Area(s) shall face on a street accessible to Fire Department apparatus and be free from physical impediments (e.g. trees) that may interfere with the positioning of Fire Department apparatus.
            (3)   Windows in Holding Area(s) designated [from] for removal of handicapped students shall provide, when opened, an area free of obstructions that is at least 32" wide and 48" high accessible to Fire Department equipment. Such windows shall be readily openable without the use of a key.
            (4)   Window sills on windows designated for removal of handicapped students shall be not more than 36" above the floor level of associated Holding Area(s) and shall be painted red, inside and outside, with a sign attached outside, top window pane. This sign shall read "F.D. ACCESS" and shall be not less than 12" × 18" in size. Sign shall be made of metal or other durable non-combustible material with 4" red lettering in bold type on a white background. Sign shall be properly maintained.
            (5)   Holding Area(s) shall line up vertically on the facade of each floor of the building.
            (6)   Doors leading to Holding Area(s) shall be provided with a sign 5" x 18". This sign shall read "HOLDING AREA". Sign shall be made of metal or other durable non-combustible material with 3" red lettering in bold type on a white background. Signs shall be mounted on the lower half of the door and be properly maintained.
            (7)   Holding Area(s) shall have movable seats and desks and be capable of holding the total number of wheelchairs required to use the Holding Area. Minimum net floor area shall be calculated at 25 square feet per wheelchair and be free of all encumbrances.
            (8)   Holding Area(s) shall have ceilings and floors which have a minimum one and one-half hour fire rating. Walls shall have a minimum one hour fire rating and all door openings shall be equipped with appropriately rated fire-proof self-closing doors with a minimal vision panel. The maximum size of vision panel shall be 144 square inches. No opening shall be permitted in wall, ceilings or floors unless properly protected.
            (9)   Holding Area(s) shall be [equipped with a 2 1/2 gallon pressurized water extinguisher] provided with a portable fire extinguisher with at least a 2-A rating. . . . . .
            (10)   All ducts/vents which breach or otherwise cause integrity of Holding Area to be violated shall be equipped with an approved combination smoke/heat damper.
            (11)   Smoke barriers, in accordance with the provisions of § 27-369(c) of the [Administrative] 1968 Building Code, shall be provided in corridors. Such smoke barriers shall separate the Holding Area and the adjacent exit stairwell from the rest of the building. Doors in such smoke barriers shall comply with the provisions of § 27-371(c) of the [Administrative] 1968 Building Code except that these smoke stop doors may also be left open if they are arranged to close automatically by an approved smoke detector on the ceiling immediately adjacent to and on both sides of the doors.
         (e)   The auditorium shall be fitted to accommodate all persons using wheelchairs in attendance. These accommodations shall be immediately adjacent to and at the same level as a main exit. Existing required aisles, passageways and exits shall not be reduced or obstructed, and legal occupant load shall not be exceeded.
         (f)   All existing and newly installed elevators shall be equipped with [firemen] firefighter service keys to conform with Fire Department requirements.
         (g)   Interior Fire Alarm system shall be provided with visual warning signals in addition to the required gongs. Such visual warning signals shall be visible from any location in all corridors and in unsupervised rooms occupied by handicapped students. The visual signal shall be on a separate circuit and control panel. Visual signal shall continue flashing after the four rounds of the Fire Alarm box have run out, and must be manually reset.
(Renumbered City Record 9/20/2023, eff. 10/20/2023)
§ 8305 Reserved.
§ 8306 Reserved.
§ 8307 Reserved.
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