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(a) Scope. This section sets forth the standards, requirements and procedures for the professional certification of the design and installation of fire alarm systems.
(b) Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:
Building core fire alarm system. Fire alarm system devices and equipment in and around the central or main building stairwells, elevators and utility risers of any building, except buildings classified in Occupancy Group R-3. The term is not limited to office buildings or other high-rise buildings that are constructed in phases.
The following fire alarm system devices and equipment are considered to be part of the building core fire alarm system:
(1) Fire alarm control unit, including booster panels and data gathering panels.
(2) Central station communications devices and equipment.
(3) Elevator recall initiating devices and equipment.
(4) Automatic smoke control and pressurization devices and equipment.
(5) Sprinkler water flow and tamper switch devices and equipment.
(6) Fire detection devices in electrical, elevator, mechanical and telephone equipment rooms serving building core spaces and systems, excluding equipment rooms serving tenant business operations.
(7) Manual fire alarm boxes at or near stairwells.
(8) Warden phones and firefighter phones.
(9) Duct detectors and fan shutdown relays for any HVAC unit greater than 2,000 cubic feet/minute (cfm) serving building core spaces and systems.
(10) Notification appliances in building core areas and means of egress stairwells.
Letter of approval. The written determination of the Department that a fire alarm system installation has been installed and is operating in compliance with the Building Code, Electrical Code and Fire Code and other applicable requirements for such installation enforced by the Department.
Professional certification / professionally certified. The submission to the Department of a signed, personal verification by a person holding a certificate of fitness for professional certification of fire alarm and emergency alarm system installations and testing who is a registered design professional, master electrician, special electrician, or fire alarm system installer with NICET-Level III certification licensed by or registered with the State of New York, that accompanies an application and/or design and installation documents filed with the Department and attests that such application or design and installation documents do not contain any false information and that such application or design and installation documents are in compliance with all applicable laws, rules and regulations.
(c) General Provisions.
(1) Professional certification of fire alarm system installations. Fire alarm system installations may be professionally certified, as set forth in FC 104.2.1, in accordance with the provisions thereof and this section, in buildings for which a letter of approval has been issued for the building core fire alarm system. A building core fire alarm system may not be professionally certified.
(2) Qualifications. Only persons possessing the qualifications set forth in FC 104.2.1 and holding the requisite certificate of fitness may professionally certify that fire alarm system installations are in compliance with the Fire Code, Building Code, applicable provisions of Department and Department of Buildings rules, and other applicable laws, rules and regulations. Such persons may professionally certify fire alarm system design and installation only within the scope of the lawful authority they possess under their license or certification, and in accordance with the provisions of this section.
(3) Format of design and installation documents. Design and installation documents and related submissions shall be in the format set forth in 3 RCNY § 105-01 or as otherwise designated by the Department.
(4) Letter of approval. Letters of approval for fire alarm system installations that have been professionally certified will indicate that the fire alarm system installation, or part thereof, was approved by the Department based upon professional certification pursuant to FC 104.2.1.
(5) Audit. All fire alarm system installations that have been professionally certified are subject to audit.
(6) Disqualification for false certification. Pursuant to FC 104.2.1.1, in addition to the penalties for violating provisions of the applicable laws, rules and regulations, any person who submits false or fraudulent documents certifying compliance with the requirements of the Fire Code and rules may be disqualified from submission of professionally certified applications under the Fire Code, including revocation of their certificate(s) of fitness.
(d) Submission and Approval Procedure. A completed Fire Department fire alarm professional certification form for any fire alarm system installation, or part thereof, that is being professionally certified in lieu of a Department plan examination and/or inspection in accordance with the provisions of FC 104.2.1 and 3 RCNY § 104-02, shall be submitted to the Department as follows:
(1) Professional certification of proposed fire alarm system design in lieu of plan examination. Prior to installation, design and installation documents for the fire alarm system work professionally certified by a registered design professional, must be electronically filed with the Department in the form and manner prescribed on the Department's electronic portal, including completion of the applicable application form and payment of applicable fees, and with such supporting documentation (including any documentation required by FC 105.4.4.1) as may be required by the Department. If the application is satisfactorily completed and submitted, the Department will issue a letter of acceptance indicating acceptance of the professionally certified plans.
(2) Project authorization. Application must be made for a project authorization authorizing commencement of work at time of filing of the professionally certified design and installation documents, or at any time thereafter. Issuance of project authorization shall be equivalent to a Department of Buildings work permit for purposes of consideration as a project in progress within the meaning of 3 RCNY § 102-01(g).
(3) Professional certification of fire alarm system installation in lieu of department inspection. Upon completion and satisfactory testing of the fire alarm system installation, professional certification of the installation by a licensed or certified professional holding the requisite certificate of fitness, must be electronically filed with the Department in the form and manner prescribed on the Department's electronic portal, including completion of the applicable application form and payment of applicable fees. Such professional certifications shall be within the scope of their lawful authority under their license or certificate. Professional certification may be submitted for the scope of work set forth in the project authorization, unless the scope of such professional certification is restricted by the letter of acceptance approving the design of the installation. Professional certification of the installation can also be provided by a professional other than the party who professionally certified the design of the installation. Such submissions must be promptly filed upon the completion of such installation, but in all cases prior to occupancy of any building, or part thereof, that is to be newly occupied or reoccupied. If the application and professional certification are satisfactory in form and content, the Department will issue a letter of approval indicating approval of the professionally certified installation.
(Amended City Record 3/27/2023, eff. 4/26/2023)
(a) Scope.
(1) This section sets forth standards, requirements and procedures for the destruction or other disposition of any article, device, or equipment, the manufacture, storage, handling, use transportation, possession or sale of which is prohibited by the Fire Code or the rules, or which is manufactured, stored, handled, used, transported, possessed or sold in violation thereof.
(2) Nothing in this section shall be construed to define or limit the Department's discretion to seize contraband materials, or to define or limit the Department's discretion to arrange for the removal of contraband materials, by their owner or other person lawfully entitled to their possession, from the premises or location where such contraband materials are found.
(b) Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:
Notice of disposal. A written notice advising owners of contraband material or other interested parties of the final opportunity to reclaim such material.
Notice of seizure. A written notice advising the owner of contraband material of its seizure and of the procedures for reclaiming it.
(c) Opportunity to Reclaim Contraband Material. Except as otherwise provided in 3 RCNY § 104-03(c)(1) and (2), the Department will afford any owner of contraband material, or other person lawfully entitled to its possession, an opportunity to reclaim such material, provided that it is reclaimed in accordance with the procedures set forth in this section.
(1) Non-reclaimable contraband. The following contraband material may not be reclaimed, and shall not be subject to the procedures set forth in 3 RCNY § 104-03(d):
(A) Contraband materials whose condition presents an imminent hazard to life, health or property. This includes a material that has a serious defect, damage or deformity, that has leaked or is leaking its contents, or that cannot be safely stored.
(B) Contraband materials whose immediate disposal is necessary to prevent or abate an emergency situation, such as a fire,
(C) Contraband materials that may not be lawfully possessed by the owner or other person seeking to reclaim the material.
(2) Contraband materials held as evidence. Notwithstanding any other provision of this section, the Department will not release contraband material held as evidence until such time as the use of such material is no longer required in accordance with applicable law.
(d) Procedures for Disposal of Contraband Material. Contraband material shall be disposed of in accordance with the procedures set forth in this subdivision.
(1) Notice of opportunity to reclaim. The Department shall give notice of the seizure and anticipated disposal of the contraband material and of the opportunity to reclaim to the owner and other interested parties at the time of the seizure, as follows:
(A) A notice of seizure shall be given to the person in possession of the contraband material at the time of its seizure, or to the person in control of the premises from which the contraband material is seized.
(B) If the identity of an owner of the contraband material is clearly marked on or is clearly ascertainable from the contraband material, and it is different from that of the recipient of any notice given pursuant to 3 RCNY § 104-03(d)(1)(A), a copy of the notice of seizure shall be mailed to such owner.
(2) Notice of disposal. If the contraband material is not reclaimed within two weeks of the date of seizure, the Department shall publish a notice of disposal in the City Record. The notice of disposal shall identify the material by size, contents, serial number or other identifying mark, and date and place of seizure, and shall set forth a deadline for reclaiming the contraband material not less than ten calendar days from the date the notice is published. A copy of such notice of disposal shall be mailed to any person or organization who arranges with the Department to receive such notice.
(3) Failure to timely reclaim. Owners and other persons lawfully entitled to possession of a contraband material who fail to timely reclaim the contraband material shall be deemed to have abandoned any right, title or interest they may have in the contraband material, and to have no objection to the Department's disposal of the contraband material in such manner as the Department deems appropriate.
(4) Location for reclaiming. Owners reclaiming contraband material shall retrieve such material from the Department's storage facility or other place designated by the Department for such retrieval.
(5) Qualifications of persons handling and transporting. Contraband materials reclaimed by their owners shall be handled and transported only by persons possessing the requisite qualifications (such as a certificate of fitness) where such qualifications are required by law or rule, and shall be transported only in motor vehicles that comply with federal, state and city rules and regulations.
(6) Indemnification. An owner reclaiming contraband material shall provide a sworn affidavit representing that he or she owns or is lawfully entitled to possession of the material and will indemnify The City of New York, its agencies, officials, employees and agents, from any and all claims, suits, damages and expenses arising from claims of ownership to the reclaimed materials.
(7) Fees. The fee for removal and storage of contraband material shall be as set forth in FC A04.1(6). No removal or storage fee shall be charged where it is determined by the Department or a court of competent jurisdiction that the contraband material had not been unlawfully manufactured, stored, handled, used, transported, possessed or sold.
(e) Department Disposal of Contraband Materials. The Department may dispose of contraband materials which are not reclaimed in accordance with the procedures set forth in 3 RCNY § 104-02(d) in such manner as the Department deems appropriate, including but not limited to removal by a contract vendor retained by the Department for this purpose.
(a) Scope. This section sets forth the standards, requirements and procedures for certification of correction of defects in the design and installation of newly-installed and altered fire alarm systems, when such defective conditions are cited by the Department upon inspection or acceptance testing of such a system.
(b) Definitions. The following terms, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:
Certification of corrected defects. Certification by licensed or certified professionals, in accordance with 3 RCNY § 104-04, that a defect cited by the Department in the design and/or installation of a fire alarm system has been corrected, as follows:
(1) certification by the fire alarm system installer who personally corrected the defect. Such person shall either be:
(A) a principal of a company to which the Department has issued a company certificate for fire alarm system installation, inspection, testing and servicing who holds a certificate of fitness for fire alarm system installation, inspection, testing and servicing and for certification of corrected defects; or
(B) a technician employed by such a company who holds a certificate of fitness for fire alarm system installation, inspection, testing and servicing, and for certification of corrected defects; and
(2) if correction of the defect necessitated the installation of electrical wiring or other work requiring the services of a licensed electrician, certification by the licensed master electrician or licensed special electrician who holds a certificate of fitness for certification of corrected defects who personally corrected the defect or supervised the work of a qualified electrical technician under such licensed electrician's direction and control; and
(3) the licensed or certified professional who personally verified the functionality of the fire alarm system following correction of the defect. Such person shall hold a certificate of fitness for verification of corrected fire alarm system defects. Such person shall not be one of the licensed or certified professionals who certified correction of the fire alarm system defects.
(4) A licensed special electrician may certify correction of work or verify system functionality only for fire alarm system installations for which the special electrician made the required filings.
(c) Applicability. In lieu of Department re-inspection, owners may elect to certify correction of defects in newly-installed or altered fire alarm system installations that have not yet been approved by the Department, when all of the following conditions have been met:
(1) Approved design documents. The owner submitted design and installation documents with the Department and obtained Department approval of the design of the system;
(2) Acceptance test. The owner's representatives conducted the required acceptance test of the system before Department representatives;
(3) System defects. The Department identified defects in the design and installation of the system, including whether it operates as designed, as set forth in a notice of defect or other Department documentation issued after the effective date of this section, and such defects cited prior to the effective date of this section as the Department may determine to allow to be certified pursuant to this section, consistent with the standards, requirements and procedures of this section;
(4) Ineligible defects. The notice of defect does not identify more than 10 fire alarm system defects in a low-rise building or more than 20 fire alarm system defects in a high-rise building, and/or does not identify any defects in the design and installation of any of the following system components (when required), including whether they operate as designed:
(A) Emergency alarm systems;
(B) Emergency power switchover;
(C) Firefighter service (Phase 1 and Phase 2), including elevator recall operation;
(D) Fan shut down affecting the operation of more than 20% of fan systems;
(E) Fire shutter operation;
(F) [Reserved;]
(G) Power riser (including fire rating requirements);
(H) Primary power supply connection (including connection after building disconnect);
(I) Smoke control operation;
(J) Sprinkler water flow switches and other non-sprinkler fire extinguishing system activation devices;
(K) Stair pressurization; and
(L) Central station connection.
(5) Timely submission. Certification of corrected defects is submitted to the Department within 90 days of the date the notice of defect was issued.
(d) Eligibility for Certificate of Fitness for Certification of Corrected Defects. The following licensed or certified professionals may obtain a certificate of fitness for verification of corrected fire alarm system defects:
(1) a registered design professional;
(2) a principal of a company for which a company certificate for fire alarm system installation, inspection, testing and servicing has been issued, who is a fire alarm system installer registered with or licensed by the State of New York; and
(3) a master electrician or special electrician licensed by the Department of Buildings.
(e) Scope of Certification of Professional Correcting Defects. Certification of corrected defects constitutes a representation by the licensed or certified professional correcting the defects, made under the authority granted to the licensed or certified professional by his or her professional license or certification and the applicable Department certificate, that the defect in the design or installation of the fire alarm system, identified in the applicable notice of defect, has been corrected, in accordance with the applicable requirements of the Building Code, Fire Code, Electrical Code, NFPA 72 and/or other law, rule, regulation, standard or component listing, as follows:
(1) Types of defects. Certification of corrected defects constitutes a representation that each defect has been corrected as follows:
(A) Missing component. If the defect was a system component that was not installed, the component has been installed and connected to the requisite power source, and operates as designed.
(B) Non-approved component. If the defect was a system component that was not listed or otherwise not approved for use in New York City, the component has been replaced with a listed or approved component, and operates as designed.
(C) Non-working component. If the defect was a system component that was not working or not working properly, the condition has been corrected, and the component is in good working order and operates as designed.
(2) Operates as designed. For purposes of certification of corrected defects, "operates as designed" means that the system component performs the function for which it has been designed and installed, in accordance with the manufacturer's specifications and the approved design and installation documents for the system, as amended by any as-built design and installation documents and (with respect to electrical work) any A-433 form, including activating or shutting down all devices the system component is designed to activate or shut down.
(3) Minimum duration of testing. Certification of corrected defects of a system component shall be based on operation of the device for the period of time necessary to assure its proper operation.
(4) Inspection of other system components. Certification of corrected defects includes a representation that other system components, within the scope of work performed, have been inspected and tested, including inspection and testing of devices that activate such component and devices activated or shut down by the component. The certification does not include a representation that wiring and/or other inaccessible components have been inspected and tested, except for certifications by the licensed or certified professional who, to correct the defect, installed such wiring and/or performed work on such other inaccessible components.
(f) Scope of Certification of Professional Verifying System Functionality. Certification of corrected defects constitutes a representation by the licensed or certified professional verifying the functionality of fire alarm system components after correction of defects, made under the authority granted to the licensed or certified professional by his or her professional license or certification and the applicable Department certificate, that a defect involving a missing or non-working component has been corrected and the fire alarm system components that were installed and/or repaired in order to correct the defective condition are operating as designed in accordance with the approved plans for the fire alarm system, as amended by any as-built design and installation documents, including the Input/Output programming matrix that defines the sequence of operation (as set forth in Section A.14.6.2.4 of Annex A to NFPA Standard 72).
(g) Submission and Acceptance of Certification of Corrected Defects. Certification of corrected defects shall be submitted to the Department, and, if satisfactory, accepted by the Department, in the following manner:
(1) Submission. Certification of corrected defects shall be submitted on the form approved by the Department for this purpose. If there are no defects in the design or installation of the fire alarm system and the notice of defect requires submission of the applicable A-433 form, as-built design and installation documents or other documentation required solely to complete the application (administrative defects), submission of certification of corrected defects is not required. Such submissions must bear such certifications as may be required by law, rule or Department procedure.
(2) Required signatures. The approved form for certification of corrected defects shall be personally signed by all parties required for the certification. As such, except as otherwise provided in 3 RCNY § 104-04(g)(3), it shall bear the signatures of up to three separate licensed or certified professionals: the signature of the one or two licensed or certified professional(s) who corrected the defect(s) and the signature of the licensed or certified professional who verified the functionality of the fire alarm system following correction of defects.
(3) As-built plans and A-433 forms. To complete a fire alarm system application, any changes to a fire alarm system from the original approved design must be reflected on the applicable Department A-433 form, asbuilt design and installation documents and/or other required documentation and submitted to the Department prior to, or at the time of, the Department inspection.
(4) Acceptance and letter of approval. Upon acceptance of certification of corrected defects, including, where required, acceptance of the as-built design and installation documents, A433 forms and/or other documentation, the Department will deem the defective condition corrected. If there are no other outstanding defects or other considerations preventing its issuance, a letter of approval will be issued for the fire alarm system.
(h) False Certification. All certifications of corrected defects are subject to audit. Any licensed or certified professional and certificate holder found to have submitted false or fraudulent certification shall be subject to the penalties provided therefor in the Fire Code and rules, and any other applicable law, rule or regulation, including the penalties for misconduct set forth in 3 RCNY § 113-01(g) and 3 RCNY § 115-01(i), as applicable. False certification of corrected defects may also be considered in connection with the false certifier's fitness to hold other certificates of fitness or company certificates.
(Added City Record 10/16/2020, eff. 12/1/2020; amended City Record 3/27/2023, eff. 4/26/2023)
(a) Scope. This section sets forth the standards, requirements and procedures for the submission of design and installation documents for fire alarm system installations for Department review and approval.
(b) General Provisions.
(1) Submission and approval required. Pursuant to FC 907.3, design and installation documents for fire alarm system installations, containing such details as may be required by the Fire Code, Building Code, Electrical Code and this section, shall be submitted for Department review and approval prior to system installation in the form and manner prescribed on the Department's electronic portal.
(2) Certification of design and installation documents. Pursuant to FC 105.4.1, design and installation documents must be prepared by a registered design professional. Such documents shall bear the seal of such design professional, which shall serve to certify that the documents are in compliance with applicable provisions of the Fire Code, Building Code, rules, and other applicable laws, rules and regulations.
(3) Filings upon completion of installation. Upon completion and satisfactory testing of a fire alarm system installation that comprises any part of a core building system, the owner shall submit a request for inspection pursuant to 3 RCNY § 105-01(c)(2). Upon completion of a fire alarm system installation that does not comprise any part of a building core fire alarm system, the owner may alternatively submit professional certification of the installation, except as may otherwise be provided in the letter of acceptance approving the design of the installation.
(4) Format of design and installation documents. The design and installation documents required by this section shall be formatted (to scale) in the form and manner prescribed on the Department's electronic portal.
(c) Submission and Approval Procedure.
(1) Submission and approval of design and installation documents.
(A) Submissions. Applications for approval of fire alarm systems shall be electronically filed with the Department in the form and manner prescribed on the Department's electronic portal, including completion of the applicable application form and payment of applicable fees.
(B) Approval. The Department will review the design and installation documents submitted pursuant to 3 RCNY § 105-01(c)(1)(A), and, if determined to be in compliance with the requirements of the laws, rules and regulations enforced by the Department, approve such documents in accordance with FC 105.4.4.2 and Department procedures.
(2) Department inspection filing.
(A) Submissions. Applications for Department inspection of a fire alarm system installation shall include the following documentation and such other information and documentation as the Department may require:
(1) the Department's "request for inspection" application form;
(2) "as built" design and installation documents of the fire alarm system installation, and the facility in which it is installed, as actually constructed, formatted in folio (11 × 17) size, and containing:
(a) the information required by Building Code Section 907.1; and
(b) the Input/Output programming matrix and written certification required by 3 RCNY § 105-01(c)(2)(A)(3) and (4).
If such "as built" design and installation documents cannot be electronically filed at the time of submission of the request for inspection because installation work has not been completed, such "as built" documents may be submitted thereafter but no later than the date of inspection of the installation, either by electronically filing them using the Department‘s electronic portal or by providing them to the Department representative at the time of inspection of the installation.
(3) a completed Input/Output programming matrix that defines the sequence of operation, as set forth in Section A.14.6.2.4 of Annex A to NFPA Standard 72; and
(4) a written statement from a registered design professional, a person holding a license to engage in the business of installing, servicing and maintaining fire alarm systems issued by the New York Secretary of State pursuant to Article 6-D of the New York State General Business Law, or a master electrician licensed by the Department of Buildings and registered with the New York Secretary of State in accordance with such Article 6-D, certifying that a functional test has been conducted of the fire alarm system and the system operates as designed and in accordance with the Input/Output programming matrix. If such functional test cannot be conducted at the time of submission of the request for inspection because installation work has not been completed, such written certification may be submitted to the Department in accordance with 3 RCNY § 105-01(c)(2)(A)(2).
(B) Acceptance. The Department will review such application for inspection and supporting documentation for completeness and/or other purposes, and if satisfactory, will authorize an inspection.
(3) Inspection and approval of fire alarm system installation.
(A) Availability of documents. A printed copy of standard-size (24" × 36") set of approved engineering drawings of the fire alarm system design and installation, and a set of "as built" design and installation documents of the installation, pursuant to 3 RCNY § 105.01(c)(2)(A)(2), shall be made available for inspection by the Department representative at the time of inspection of the fire alarm system installation.
(Amended City Record 3/27/2023, eff. 4/26/2023)
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