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(a) Scope. This section sets forth requirements for the storage, handling and use of coke and coke-fueled salamanders at construction sites.
(b) General Provisions. Coke and coke-fueled salamanders shall be stored, handled and used in compliance with the requirements of FC 307.6 and this section.
(1) Permits. Pursuant to FC 105.6, a permit shall be obtained from the Department prior to the storage, handling or use of coke-fueled salamanders at a construction site.
(2) Supervision. Pursuant to FC 307.6, the handling or use of coke and coke-fueled salamanders at a construction site shall be under the personal supervision of a certificate of fitness holder. The storage of coke and coke-fueled salamanders at a construction site shall be under the general supervision of a certificate of fitness holder. The certificate of fitness holder shall ensure that the coke and coke-fueled salamanders are safely stored, handled and used in compliance with the requirements of this section.
(c) Prohibitions. It shall be unlawful to:
(1) use a coke-fueled salamander at any location other than a construction site at which construction work is being performed pursuant to a work permit issued by the Department of Buildings;
(2) use a coke-fueled salamander at a construction site where the sprinkler system and/or standpipe system required by the Building Code is out of service, or any part of such system is out of service, in the area in which coke or coke-fueled salamanders are being handled or used;
(3) use a coke-fueled salamander for purposes of human comfort, or any other purpose other than construction-related drying or curing;
(4) store, handle or use a coke-fueled salamander at a construction site without a permit;
(5) store, handle or use coke or a coke-fueled salamander at a construction site without the requisite supervision;
(6) use a flammable liquid, combustible liquid or any other type of accelerant to ignite or reignite the coke;
(7) use a coke-fueled salamander at a construction site in any of the following locations:
(A) on a scaffold;
(B) in any occupied building;
(C) on any floor where hazardous materials are stored or are in use;
(D) on any floor that is of combustible construction;
(E) within ten (10) feet of any wall opening of an adjoining occupied building; or
(F) within 50 feet of any building occupied for educational, health care or religious purposes, place of assembly or other place of public gathering.
(d) Design and Installation Requirements. Coke-fueled salamanders shall consist of a metal vessel, inner grate and ash pan, which shall be fabricated in compliance with the following requirements:
(1) The vessel and inner grate shall be designed and fabricated with sufficient strength to support the weight of the coke, and with sufficient durability to withstand repeated exposure to the heat generated by the burning coke.
(2) The vessel shall be designed and fabricated:
(A) of metal not less than 18 gauge in thickness, with welded joints;
(B) with a diameter that does not exceed 17 inches, a height that does not exceed 20 inches and a height to diameter ratio that does not exceed 1.18;
(C) to be supported by sturdy metal legs, welded to the vessel, that are designed to maximize stability and reduce the potential for tipping, and that do not extend more than 12 inches from the bottom of the vessel.
(3) The inner grate shall be fabricated of metal of substantial gauge, and installed or securely rest at the base of the vessel so as to securely hold the coke to be burned.
(4) The ash pan shall be fabricated of sheet metal, with not less than a two (2) inch lip on all sides to contain the ash. The ash pan shall extend at least two (2) feet beyond the salamander in all directions.
(e) Operational Requirements. Coke-fueled salamanders shall be operated and maintained in compliance with the following requirements:
(1) Coke-fueled salamanders in use shall be placed at least ten (10) feet from combustible material, except that such salamanders may be placed not less than 24 inches from wooden column form work or such further distance as will ensure that the form work does not attain temperatures equal to or greater than 194 degrees Fahrenheit and is not charred.
(2) The ash pan shall be placed and positioned under the salamander. A layer of moistened sand shall be placed in the ash pan prior to use of the coke-fueled salamander. The ash pan shall be regularly emptied, so as to prevent ash from spilling over the lip of the ash pan.
(3) Coke-fueled salamanders shall be loaded with coke to not more than two-thirds (2/3) of the vessel's capacity, and ignited by the certificate of fitness holder using an approved LPG-fueled torch having an LPG container capacity of not more than 20 pounds.
(4) Coke-fueled salamanders that become damaged or unsafe to use shall be immediately extinguished and removed from the premises or, if repairable, shall be restored to a safe condition before being returned to use.
(5) Coke-fueled salamanders shall only be used in areas with sufficient quantities of fresh air so as to maintain carbon monoxide below levels required by Federal, State and City laws, rules and regulations. The certificate of fitness holder shall inspect and conduct the required monitoring in such areas not fewer than once an hour when coke salamanders are in use, to ensure that carbon monoxide levels are being maintained below such levels.
(6) Coke shall be stored in an approved metal bin when not being burned in a salamander. The storage bin shall be located at least ten (10) feet from any coke-fueled salamanders that are in use.
(7) Tarpaulins used to retain heat in areas in which coke-fueled salamanders are in use shall be:
(A) made of materials that are inherently flame-resistant or treated to be flame-resistant;
(B) securely fastened to prevent movement caused by the wind; and
(C) placed not less than ten (10) feet from any coke-fueled salamander.
(8) Any areas in which coke-fueled salamanders are in use shall be adequately lighted to allow safe operation of the coke-fueled salamanders and to minimize the risk of accidental contact from construction activity on the construction site. Any electrical wiring or devices shall be installed in accordance with the Electrical Code.
(9) Coke-fueled salamanders in use shall be inspected on a periodic basis by the certificate of fitness holder. Inspections shall be conducted as frequently as necessary to ensure the safe operation of the coke-fueled salamanders but in no circumstance less than once an hour.
(f) Portable Fire Extinguisher Requirements. Areas in which coke-fueled salamanders are in use shall be provided with portable fire extinguishers with at least a 4-A rating for each 1,000 square feet, with a maximum travel distance to an extinguisher of not more than 75 feet.
(g) Recordkeeping. Periodic inspections of coke-fueled salamanders required to be conducted by the certificate of fitness holder, and any corrective action taken, shall be recorded in a bound log book maintained at the construction site. The log book shall be made available for inspection by any Department representative.
(a) Scope. This section sets forth standards, requirements and procedures for the use in Group A occupancies and similar public gathering places of open flames and open-flame devices.
(b) Definitions. The following term shall, for purposes of this section and as used elsewhere in the rules, have the meaning shown herein:
Open-flame decorative device. An open-flame device used for decorative or lighting purposes, including wall-mounted candles, torch sconces, insect-repellent candles, tabletop candles and lamps, free-standing torch holders and candelabras, and similar devices.
(c) General Provisions.
(1) Use of open flames and open-flame devices. Open flames and open-flame devices shall be handled and used in compliance with the requirements of FC 308 and this section.
(2) Open flame permits.
(A) Pursuant to FC 105.6, a permit shall be obtained for the use of open flames in any Group A occupancy, in any covered mall and in any other indoor public gathering place (including any outdoor area ancillary to such occupancy or gathering place, such as a courtyard, rear yard, rooftop or sidewalk).
(B) Applications for open flame permits shall identify the types of open flames and open-flame devices proposed to be used on the premises, and the locations at which they are to be used.
(C) Applications for open flame permits will be denied if violations are outstanding for the sprinkler system, standpipe system or fire alarm system or there is any other indication that such systems may not be in good working order.
(3) Clearance from combustible materials. Pursuant to FC 308.3.3, open flames and open-flame devices shall be kept a safe distance from combustible materials, and shall be placed at locations that minimize the risk of accidental ignition thereof.
(4) Special effects. It shall be unlawful to store, handle or use any fireworks or pyrotechnic or non-pyrotechnic material, article or device without a special effects permit issued pursuant to FC Chapter 56 and the rules.
(d) Use of Candles For Decorative Lighting Purposes.
(1) Types of candles.
(A) It shall be unlawful to use candles containing magnesium or other oxidizing agents or other accelerators, including candles that re-ignite themselves.
(B) Nothing contained herein shall be construed to prohibit use of Number 0 birthday candles (which are 1/16" in diameter and 2 1/2" in length) and Number 00 birthday candles (which are 1/8" in diameter and 3" in length) when used on a cake or other food item for a festive occasion. Use of such candles for such purpose shall not be subject to the requirements of 3 RCNY § 308-01(d)(2).
(2) Candleholders.
(A) It shall be unlawful to use cardboard, paper or flammable plastic candleholders.
(B) Candleholders shall be weighty, have a low center of gravity or be otherwise designed and constructed to resist accidental tipping in accordance with FC 308.3.2(4).
(3) Placement.
(A) The flames of candles placed on tables shall be protected in accordance with FC 308.3.2(5).
(B) No candle shall be placed more than 24 inches above the dining table, except as approved by the Department.
(e) Use of Combustible Liquids in Lamps and Similar Open-Flame Decorative Devices.
(1) Type of fuel. Combustible liquids used as fuel in lamps and similar open flame decorative devices shall be odorless and smokeless and shall have a flash point of not less than 140°F.
(2) Storage of fuel. No more than ten (10) gallons of combustible liquids may be stored on the premises as a reserve fuel supply for lamps and similar open flame decorative devices. Such reserve fuel supply shall be stored in compliance with Fire Code requirements, including FC Chapter 34.
(3) Types and filling of devices.
(A) Combustible liquids shall be used only in open-flame decorative devices properly protected by noncombustible enclosures complying with the requirements of FC 308.3.2 Fuel reservoirs for such lamps shall be constructed of metal unless the open-flame decorative device is designed to store no more than four (4) fluid ounces of fuel.
(B) The wick for the lamp shall completely fill the wick tube to prevent vapors from rising around the wick.
(C) Lamps and similar open-flame decorative devices shall be filled in well-lit areas, at a safe distance from any open flame. Lamps and similar open-flame decorative devices shall not be filled in the dining room.
(4) Placement of devices.
(A) When used on dining tables that are combustible, lamps and similar open-flame decorative devices shall be placed on a noncombustible tray or mat.
(B) It shall be unlawful to use combustible liquids in hanging lamps and similar open-flame decorative devices.
(f) Use of Candles and Solid Alcohol For Food Warming.
(1) Construction of serving tables. Serving tables used to hold food warmers shall have noncombustible tops, or shall be protected by a noncombustible mat that covers the entire table top. Such mat shall be placed on top of the tablecloth.
(2) Use of noncombustible mats. When food warmers are used on dining tables, noncombustible mats extending eight (8) inches from each side of the food warmer, or a metal tray designed to contain the candle or hold the contents of a full container of heating fuel, shall be placed under the food warmer.
(3) Handling of food warmers. Food warmers shall not be removed from a dining or serving table while the candle or heating fuel is lit.
(4) Wheeled or other portable serving tables.
(A) Wheeled or other portable serving tables shall be designed to prevent the heating fuel from being dislodged while the server is in motion.
(B) No more than two (2) levels of food warmers may be used on a wheeled or other portable serving table.
(C) Wheeled or other portable serving tables shall not be allowed to obstruct aisles or other means of egress.
(g) Use of Charcoal Briquettes and Other Solid Fuels (Except Solid Alcohol) For Cooking and Food Warming.
(1) Handling.
(A) The charcoal briquettes or other solid fuel used for cooking or food warming purposes shall be stored in a metal cabinet. Such cabinet shall be situated in a cool, dry location.
(B) Flammable and combustible liquids shall not be used to ignite, or accelerate ignition of, the charcoal briquettes or other solid fuel. Such fuels shall be ignited in an oven in the kitchen.
(C) The charcoal briquettes or other solid fuel shall be placed in a hibachi, or other approved cooking or food warming device, in the kitchen, and moved directly to the dining table.
(D) The hibachi or other approved cooking or food warming device shall be removed directly to the kitchen immediately after use, and the briquettes or other solid fuel, and the ashes, shall be immersed in water. Provisions shall be made for removal of the briquettes and ashes from the hibachi or other approved cooking or food warming device to a pail or other container of water.
(E) When not in use, hibachis shall be stored on noncombustible shelves or in metal cabinets.
(2) Construction of hibachis.
(A) Hibachis shall be constructed of metal of sufficient thickness and strength as to safely contain the heat of the open flame, and shall have a low center of gravity or otherwise be designed and constructed to resist accidental tipping in accordance with FC 308.5.2(4).
(B) Hibachis shall be fully enclosed to contain embers and hot ashes. Ashpit doors must be securely closed during use.
(C) Hibachis shall not use forced air to intensify heat.
(3) Construction of dining tables. Dining tables used to hold hibachis or other approved cooking or food warming devices shall have noncombustible tops or shall be protected by a noncombustible mat extending eight (8) inches from each side of the cooking or food warming device.
(h) Pits and Open Grills. Pits and open grills at dining tables or food serving areas shall be designed, installed, operated and maintained in accordance with FC 609.
(i) Flaming Food and Beverages. Flaming food and beverages shall be prepared and served in accordance with FC 308.5.3.
(j) Use of LPG for Food Warming and Browning.
(1) Use. Portable LPG containers may be used for food warming and browning only as authorized by this section. Portable LPG containers shall be used by food preparation staff trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used.
(2) Devices. All devices fueled by portable LPG containers that are used for food warming and browning purposes, including culinary torches, shall be in accordance with FC 6101.4 and 3 RCNY § 6109-01. Not more than one (1) portable LPG container may be connected to each LPG device.
(3) Container size. Portable LPG containers for food warming and browning purposes shall be limited to those with a capacity not exceeding 16.4 ounces.
(4) Storage.
(A) No more than twelve (12) portable LPG containers shall be stored in the Group A occupancy or public gathering place.
(B) When not in use, portable LPG containers shall be stored above grade in a metal cabinet, in an area protected by a sprinkler system. Such cabinet shall be installed away from sources of heat.
(k) Use of LPG for Demonstrations and Temporary Exhibitions. Portable LPG containers may be used for demonstrations and temporary exhibitions in accordance with FC 6103.2.1.5.
(1) Demonstrations. Except as otherwise provided in 3 RCNY § 308-01(j)(2):
(A) Use. Portable LPG containers may be used for demonstration purposes when electricity, piped natural gas or other power source cannot be used to supply power for a device or operation being demonstrated or required for the demonstration. Portable LPG containers shall be handled and used for demonstration purposes only by persons trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used for the demonstration.
(B) Devices. All devices fueled by portable LPG containers that are used for demonstration purposes shall be in accordance with FC 6101.4 and 3 RCNY § 6109-01. Not more than one (1) portable LPG container may be connected to each LPG device.
(C) Container size. LPG used for demonstration purposes shall be limited to portable LPG containers with a capacity not exceeding 16.4 ounces.
(D) Removal from premises. All portable LPG containers and LPG devices used for demonstration purposes shall be delivered to the premises on the day of the demonstration, and removed from the premises no later than the end of the day. Overnight storage is prohibited.
(2) Trade shows and other temporary exhibitions.
(A) Use. Portable LPG containers may be used for demonstration purposes, equipment operation or other purpose, where a device cannot be operated or operation cannot be conducted with the use of electricity, piped natural gas or other power source. Portable LPG containers shall be handled and used for demonstration purposes only by persons trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used for the demonstration.
(B) Devices. All devices fueled by portable LPG containers that are used for demonstration purposes shall be in accordance with FC 6108.4 and 3 RCNY § 6109-01. Not more than one (1) portable LPG container may be connected to each LPG device.
(C) Container size. Except as may be authorized by the Department, portable LPG containers with a capacity not exceeding 16.4 ounces may be used at trade shows and other exhibitions for demonstration, equipment operation and other necessary purposes.
(D) Storage and removal from premises.
(1) No more than 24 portable LPG containers shall be stored in connection with a trade show or other temporary exhibition.
(2) When not in use, portable LPG containers shall be stored above grade, in a fire-rated storage room protected by a sprinkler system, or in a metal cabinet located in an area protected by a sprinkler system.
(3) All portable LPG containers and devices shall be removed from the exhibition premises promptly once there is no further need for their use, but in any event no later than the last day of the trade show or other temporary exhibition.
(l) Portable Fire Extinguisher Requirements.
(1) In addition to complying with the requirements of FC 906, Group A occupancies and other public gathering places in which open flames and open-flame devices are used shall comply with the following portable fire extinguisher requirements:
(A) A portable fire extinguisher with at least a 5-B rating, readily accessible for use, shall be provided at each captain's station and in the dining room at the entrance to the kitchen.
(Amended City Record 9/20/2023, eff. 10/20/2023)
(a) Scope. This section sets forth the approved design for required "No Smoking" signs.
(b) General Provisions.
(1) Approved design. Where "No Smoking" signs are required by the Fire Code or rules, the content, lettering, size and color of such signs shall comply with the requirements of this section, unless otherwise approved by the Department.
(2) Reproduction. Permission is granted to the public to reproduce, for use or sale, the design of the "No Smoking" sign set forth in this section, provided that any such reproduction strictly complies with the design requirements set forth in this section.
(c) Design Requirements.
(1) Pictorial description and layout:
(2) Overall sign size: 10" x 14" (or 11" x 15")
(3) Symbol: International "No Smoking" symbol (3 3/4" x 1/4" cigarette and smoke in black; 5/16" x 5/16" ash in red; 6 1/2" diameter x 3/4" circle with 3/4" cross bar in red).
(4) Legend:
Legend | Letter Size – Capital | Color |
NO SMOKING IN THESE PREMISES UNDER PENALTY OF FINE OR IMPRISONMENT, OR BOTH, BY ORDER OF THE COMMISSIONER | 2" Min. 1" or 3/4" Min. 1/4" | Red Black Black |
(5) Material: For indoor locations, heavy cardboard stock or other approved durable material. For outdoor locations, or indoor locations where the signs may be exposed to conditions that will accelerate deterioration, metal or other approved durable material that is water-resistant.
(d) Authorized Smoking Areas in Hospitals, Nursing Homes and Similar Facilities. Where smoking is authorized in hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm pursuant to FC 310 and 3 RCNY § 310-01, "No Smoking" signs conforming to the requirements of this section shall be posted throughout the building, except that the additional legend "EXCEPT IN DESIGNATED LOCATIONS" shall be added immediately following the legend "NO SMOKING IN THESE PREMISES." Such additional legend shall be in black capital letters with lettering at least 1/2" high.
(a) Scope. This section establishes fire safety requirements pursuant to FC 310 for all non-tobacco hookah establishments.
(b) Definitions. The following terms shall, for purposes of this section, have the meanings set forth herein.
Hookah coal. Charcoal manufactured for use as a heat source in a hookah, or any other combustible material used for this purpose.
Lighted coals. Hookah coal undergoing combustion.
Non-tobacco hookah establishment. An establishment for the on-premises sale and use of non-tobacco smoking products, as defined in New York City Administrative Code § 17-502(aaa).
(c) General. Non-tobacco hookah establishments shall be designed, installed, operated and maintained in accordance with FC 310 and this section.
(1) Applicability. This section shall apply to non-tobacco hookah establishments. Non-tobacco hookah establishments may lawfully operate only when issued a permit by the New York City Department of Health and Mental Hygiene pursuant to Administrative Code § 17-513.5.
(2) Compliance timeframes. Non-tobacco hookah establishments shall comply with the requirements of this section by the dates set forth below:
(A) Portable fire extinguisher requirements (3 RCNY § 310-03(f)): September 1, 2020.
(B) Operational and maintenance requirements other than supervision (3 RCNY § 310-03(e)): October 1, 2020.
(C) Supervision requirements (3 RCNY § 310-03(c)(4)): January 1, 2021.
(D) Design and installation requirements (3 RCNY § 310-03(d)): October 1, 2021.
(E) Permit requirement (3 RCNY § 310-03(c)(3)): October 1, 2021.
(3) Permit. Pursuant to FC 105.6, a permit is required to maintain and operate a non-tobacco hookah establishment.
(A) Original application. The initial application for a Department permit for a non-tobacco hookah establishment shall include the following documentation and such other information and documentation as the Department may require:
(1) Health Department permit. A copy of the permit issued by the New York City Department of Health and Mental Hygiene to operate a non-tobacco hookah establishment.
(2) Lighted coals preparation. Documentation of the method by which lighted coals will be prepared at the premises, including a plan or diagram showing the layout of the premises, location of the lighted coals preparation area and locations of all required clearances; description and/or photographs of the equipment used to prepare the lighted coals; any manufacturers' specifications for equipment used in preparing or maintaining lighted coals; location and equipment for storage of hookah coal; and all other relevant particulars relating to the applicant's storage, handling, use, and disposal of hookah coals and lighted coals.
(3) Department of Building applications. Any application(s) filed with the Department of Buildings with respect to any equipment or other installation designed or used for the preparation and/or maintenance of lighted coals, including any hood or ventilation system designed to exhaust smoke and other gases generated by lighted coals and/or hookah smoking.
(B) Posting. Department and New York City Department of Health and Mental Hygiene permits to operate a non-tobacco hookah establishment shall be conspicuously posted at the premises.
(4) Supervision. In accordance with FC 113 and 310.7.2:
(A) The storage of hookah coal for use with hookah and other smoking paraphernalia in non-tobacco hookah establishments shall be under the general supervision of a person holding a certificate of fitness.
(B) The handling and use of lighted coals and other solid or liquid flammable and combustible materials in non-tobacco hookah establishments shall be under the personal supervision of a person holding a certificate of fitness. Such a certificate of fitness holder shall be present at all times when there are lighted coals on the premises.
(C) A copy of the certificate(s) of fitness of the person(s) responsible for such general and personal supervision in non-tobacco hookah establishments shall be conspicuously posted at the premises.
(D) The requirements of 3 RCNY § 310-03(c)(4)(A) through (C) shall be in addition to any and all other certificate of fitness requirements applicable to the non-tobacco hookah establishment's operations, including the provision of safety personnel in places of assembly.
(d) Design and installation requirements. All non-tobacco hookah establishments, including those established and operating before the effective date of this section, shall comply with the following design and installation requirements.
(1) Preparation of lighted coals. Use of electrically-heated elements designed for use in hookah and other smoking paraphernalia, instead of lighted coals, is encouraged but not required. Lighted coals, if used, shall be prepared and maintained in one or more of the following manners:
(A) Indoor electric device. In one or more listed or approved electric devices designed to heat hookah coal and/or maintain the lighted coals, subject to the following requirements:
(1) Such devices are operated in a room or other indoor area in which a ventilation system has been installed that does not recirculate air and is capable of adequately exhausting to the outdoors the heat and gases generated by lighted coals, or under a suitable exhaust hood. The adequacy of such ventilation system shall be determined by a design professional or other qualified professional.
(2) If the total electrical current required to operate the device(s) exceeds 12 amperes, a master electrician licensed by the Department of Buildings has certified that the electrical wiring in the building or occupancy is sufficient to safely operate the device, or, if more than one device, sufficient to safely operate them simultaneously.
(B) Indoor commercial cooking stove. In or on a commercial cooking stove protected by a hood installed in accordance with the Mechanical Code, provided that such stove is used exclusively to heat hookah coal and/or maintain lighted coals.
(C) Indoor stationary oven. In an enclosed stationary metal or masonry oven designed for the burning of wood or other solid fuel, installed indoors in accordance with the following requirements:
(1) Such oven is installed in compliance with the requirements of the Construction Codes, NFPA 211 and/or ASHRAE standards, as applicable to non-space-heating installations.
(2) Such oven is vented to the outdoors through a chimney or suitable metal exhaust duct in accordance with the Construction Codes.
(3) Such oven is located at least five (5) feet below the ceiling. The ceiling has a minimum one (1)-hour fire rating.
(4) All walls located between five (5) feet and two (2) feet of such oven have a minimum one (1)-hour fire rating. Walls located two (2) feet or less from such oven have a minimum two (2)-hour fire rating. All wall surfaces are protected by ceramic tile or other non-combustible surface capable of withstanding the heat generated by the preparation and maintenance of lighted coals.
(5) Such oven is installed on a noncombustible base on ceramic tiles or other non-combustible floor surface.
(6) A durable sign conspicuously posted on a wall near such oven reads: "Oven installation approved for hookah coal use only. Not safe for wood burning or room heating."
(7) Either the installation of such oven has been approved by the Department of Buildings, or an application for approval thereof by the Department of Buildings has been filed.
(D) Outdoor stationary oven. In a permanently-affixed, enclosed or partially-enclosed masonry oven, installed outdoors, or an enclosed stationary metal oven designed for the burning of wood or other solid fuel, installed outdoors (including, for purposes of this section only, masonry and metal ovens installed on open porches and decks and unenclosed under-eave areas in rear yards), in accordance with the following requirements:
(1) Such oven is vented through a chimney or suitable metal exhaust duct in accordance with the Construction Codes.
(2) Such oven has overhead weather protection.
(3) All surfaces within five (5) feet of such outdoor stationary oven are noncombustible, including floors, ceilings and walls. All such noncombustible surfaces shall be constructed of brick, concrete or other weatherproof material capable of withstanding the heat generated by the oven for at least two (2) hours; combustible floors may be covered by a noncombustible mat; and
(4) Either the installation of such oven has been approved by the Department of Buildings, or an application for approval thereof by the Department of Buildings has been filed.
(E) Outdoor portable heating device. In a listed or approved electric oven or other portable electric device, or an approved masonry or metal oven, or barbecue, that is secured against movement, installed outdoors at an approved location, and installed in accordance with 3 RCNY § 310-03(d)(1)(D)(2) and (3), and, if an electric device, 3 RCNY § 310-03(d)(1)(A)(2).
(2) Smoking area.
(A) Smoking paraphernalia. Use of hookah designed to hold the lighted coals in a metal container that can be securely closed is encouraged but not required. Hookah and other smoking paraphernalia used with lighted coals shall be designed for such use and used in accordance with manufacturer's instructions, subject to the following requirements:
(1) No combustible material other than hookah coal shall be used in a hookah without prior Department approval.
(2) Hookah and other smoking paraphernalia shall not be used and shall be removed from the premises when, by reason of wear or damage, it is unstable or otherwise likely to cause the lighted coals to be dislodged.
(B) Surfaces. Floors, tables or other surfaces upon which hookah or other smoking paraphernalia are placed shall be noncombustible or fully protected by a noncombustible mat.
(e) Operational and Maintenance Requirements.
(1) Storage of hookah coal for immediate use. Hookah coal for immediate use (other than lighted coals) shall be stored in the same manner as solid fuel used for commercial cooking operations, as set forth in FC 609.5.2. Not more than one day's supply of hookah coal may be stored in the same room as the oven or other heating device used to prepare lighted coals, and such hookah coal shall be stored in accordance with the following restrictions:
(A) Hookah coal shall not be stored within three (3) feet of the oven or other heating device.
(B) Hookah coal shall not be stored above the oven or other heating device, or above any flue or vent.
(C) Hookah coal shall be stored in a metal or other noncombustible cabinet or container with a securely-fitting lid,
(2) Storage of additional hookah coal. All hookah coal in excess of one day's supply shall be stored in compliance with the following requirements:
(A) Indoor storage. Hookah coal stored indoors shall be in:
(1) a room dedicated to the storage of not more than 150 cubic feet (4.3 m
3
) of solid fuel, provided that such storage room is protected by a sprinkler system and enclosed by a minimum of 1-hour fire barriers and horizontal assemblies (walls, floor and ceiling) constructed in accordance with the Building Code; or
(2) a building or occupancy protected throughout by a sprinkler system, in metal cabinets dedicated to the storage of solid fuel that:
(2.1) are designed and constructed in accordance with FC 5003.8.7 (for hazardous materials storage);
(2.2) are placed on a stable, noncombustible surface; and
(2.3) have a maximum aggregate capacity of 75 cubic feet (2.1 m
3
); or
(B) Outdoor storage. Hookah coal stored outdoors shall be in accordance with FC 315.7, or in well-constructed metal cabinets or containers (with welded seams) that:
(1) are used exclusively for the storage of the hookah coal;
(2) have securely-closing, close-fitting metal doors or lids;
(3) are placed on concrete or another stable, noncombustible surface;
(4) have a maximum aggregate capacity of 75 cubic feet (2.1 m
3
); and
(5) are designed and constructed in accordance with FC 5003.8.7 (for hazardous materials storage) or, if not located within 6 feet (1829 mm) of a combustible surface, are designed and well-constructed of steel having a thickness of not less than 0.0478 inch (1.2 mm) (18 gauge).
(C) Protection. Hookah coal, whether it is stored indoors or outdoors, shall be protected in accordance with the following precautions:
(1) keeping the doors or lids to a solid fuel storage room, cabinet or container closed, except when the hookah coal is being removed or replenished;
(2) posting a durable sign or marking that reads: "SOLID FUEL – KEEP FIRE AWAY" at the entrance to a solid fuel storage room or other room in which hookah coal is stored in a metal cabinet or container in accordance with 3 RCNY § 310-03(e)(2)(A), or if not in such a room, on the cabinet or container itself; and
(3) storing hookah coal in its original packaging, or in noncombustible containers with securely-closing lids and an internal vertical dimension of not more than 48 inches (1219 mm).
(3) Preparation of lighted coals. A maximum of 2.2 (two and two tenths) pounds of lighted coals, including lighted coals being maintained in an oven, may be prepared and maintained on the premises at any one time. The preparation and maintenance of lighted coals shall comply with 3 RCNY § 310-03(d)(1) and the following requirements:
(A) All flammable and combustible materials, except hookah coal for immediate use subject to the requirements of 3 RCNY § 310-03(e)(1), shall be kept at least (5) feet away from lighted coals and the oven or other device in which the lighted coals are being heated.
(B) Use of any flammable gas or flammable or combustible liquid to light hookah coals (other than a lawful piped natural gas installation or an LPG-fueled torch for culinary or household use with a capacity of not more than 16.4 ounces), as a fuel or an accelerant, is prohibited.
(C) All flammable and combustible materials other than hookah coals shall be stored in compliance with FC Chapter 50
and/or other applicable requirements of the Fire Code or the rules.
(4) Handling of lighted coals. Lighted coals shall be deemed to constitute an open flame when being heated. When not in an oven or other approved heating device (as set forth in 3 RCNY § 310-03(d)(1)), lighted coals shall be handled and used in accordance with the following fire safety measures:
(A) Persons authorized to handle lighted coals. All handling of lighted coals shall be by a certificate of fitness holder or a trained and knowledgeable person employed at the premises.
(B) Maintenance of lighted coals. Until placed in a hookah or other smoking paraphernalia for customer use, lighted coals shall be kept either in an oven or other approved heating device, or in a metal container that fully surrounds the lighted coals and has a cover that can be used to suppress any flames. Metal containers holding lighted coals shall be kept in a place where exposure to air currents and combustible materials is minimized, and they shall not be placed on combustible floors, even if the wood flooring is covered by tile or other noncombustible material.
(C) Use in smoking paraphernalia. Lighted coals shall be placed in hookah or other smoking paraphernalia only when such paraphernalia is being prepared for immediate customer use.
(D) Customer handling prohibited. Customers shall not be allowed to "refresh" hookah or other smoking paraphernalia or otherwise handle lighted coals.
(E) Storage and disposal of spent and discarded hookah coal. Spent or discarded hookah coal, including lighted coals used in a hookah or other smoking paraphernalia, shall be collected in a metal or other noncombustible container with a cover, which is used exclusively for such purpose. Collected spent or discarded lighted coals, and any ashes, cinders and other fire debris, shall be promptly and thoroughly wetted down to extinguish and cool the coals. The collected spent and discarded hookah coal shall be removed from the premises and temporarily stored outdoors for disposal before the non-tobacco hookah establishment closes to the public and whenever the certificate of fitness holder is not present on the premises.
(5) Carbon monoxide alarms. A listed and labeled carbon monoxide alarm shall be installed in each and every room in which the lighted coals are prepared and/or maintained and in each and every smoking area.
(f) Portable Fire Extinguishers. Non-tobacco hookah establishments shall comply with the portable fire extinguisher requirements of FC 906
applicable to the occupancy. In addition, a portable fire extinguisher with a 2-A:10-B:C or other approved rating shall be provided and maintained in:
(1) all areas where lighted coals are prepared or maintained;
(2) each room or area in which hookah or other smoking paraphernalia containing lighted coals is used or handled; and
(3) each room or area in which smoking occurs.
(Added City Record 5/27/2020, eff. 6/26/2020; amended City Record 9/20/2023, eff. 10/20/2023)
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