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(a) Scope. This section sets forth general standards, requirements and procedures for issuance of certificates of fitness and certificates of qualification.
(b) General Provisions.
(1) Minimum qualifications and general requirements. Applicants for certificates of fitness and certificates of qualification shall meet the minimum qualifications and comply with the general requirements set forth in FC 113 and this section. Holders of certificates of fitness and certificates of qualification shall maintain all qualifications and comply with all requirements throughout the term of the certificate.
(A) Applicants for certificates of fitness for FLS director shall additionally comply with the requirements set forth in 3 RCNY § 113-02.
(B) Applicants for certificates of fitness to inspect and clean commercial cooking exhaust systems shall additionally comply with the requirements set forth in 3 RCNY § 113-08.
(C) Applicants for certificates of fitness for construction site fire safety manager shall additionally comply with the requirements set forth in 3 RCNY § 113-11.
(2) Change of address or work location. All applicants and certificate holders are required to promptly notify the Department of any change in the applicant's or certificate holder's residence address, any change in work location when such location is required for and/or indicated on such certificate, and such other information as the Department may require.
(c) General Application Requirements. Applicants for a certificate of fitness or certificate of qualification shall submit all information and documentation necessary or appropriate to establish their eligibility for issuance of such a certificate in accordance with FC 113, the rules and the applicable notice of examination.
(1) Application forms and information. Information relating to certificate requirements and application and examination procedures, including application forms, notices of examination, examination study materials, and a list of accredited training courses for certificates for which completion of a Department-accredited training course is a qualification, may be obtained from the Department's web site, www.nyc.gov/fdny, and from the Licensing Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.
(2) Submission. Original applications for certificates shall be filed in person with the Licensing Unit of the Bureau of Fire Prevention. Renewal certificate applications may be filed in person or by mail, except as may be otherwise specified by the Department.
(3) Incomplete applications. The Department reserves the right not to accept for filing any application that is incomplete or otherwise deficient, including any application that is submitted without the required supporting documentation or application fee. The Department will provide the applicant notice of any application that is not accepted, and, except for applications determined to be fraudulent, shall afford the applicant a reasonable time to correct or supplement such application. Original applications not corrected or supplemented within 30 days of the applicant's being notified will be deemed abandoned.
(4) Examinations. Except as otherwise provided in this section, applicants for an original certificate must obtain a passing score on the applicable examination administered by the Department.
(5) Identification. Applicants for an original certificate shall provide two (2) pieces of picture identification satisfactory to the Department, such as a driver's license, passport or employee identification card. The Department reserves the right to require additional identification.
(6) Photographs. All applicants for an original certificate will be photographed by the Department for identification purposes. The Department may require a certificate holder filing for renewal of his or her certificate to report to the Department to be photographed. Failure to comply with such a notice constitutes grounds for non-renewal of the certificate. In lieu of, or in addition to, such photographs, the Department may require submission of two (2) passport-size photographs in connection with an original or renewal certificate application.
(7) Fees. Application fees relating to certificates of fitness and certificates of qualification, including any written examination and practical examination, shall be as set forth in FC Appendix A or the rules. Except as otherwise authorized by the Department, fees shall be paid in cash, check or money order payable to the "New York City Fire Department."
(A) Written examination fees shall be paid at the time of submission of the application. Such fees are non-refundable.
(B) Applicants for a practical examination will be notified of the date by which the applicable examination fee must be paid. Such examination fees are non-refundable, except when applicants give proper and timely notice of cancellation in accordance with the procedures set forth in the Department's notice of examination or other applicable notice.
(8) Applicants delinquent on child support payments. In accordance with the United States Social Security Act, 42 U.S.C. § 666(a)(13), and New York State General Obligations Law § 3-503, applications for original or renewal certificates will be reviewed for compliance with child support obligations and will be denied when required by such laws when the applicant has been identified by the Office of Child Support Enforcement of the New York City Human Resources Administration (or any successor agency) as delinquent on child support payments. Applicants for certificates will be required to disclose their social security numbers on their applications for purposes of such review.
(d) Examinations.
(1) All written examinations, and the practical (computer simulator) examination for certificates of qualification, will be administered by the Licensing Unit of the Bureau of Fire Prevention at Fire Department Headquarters, except as may be otherwise specified by the Department in the notice of examination or other appropriate notice. Practical (on-site) examinations for fire safety director and fire safety/EAP director will be administered by such personnel and at such locations as may be specified by the Department in the notice of examination or other appropriate notice.
(2) All examinations will be conducted in the English language.
(3) The subject matter of an examination, and, for any numerically-graded certificate examination, the passing grade, shall be as set forth on the Department's notice of examination. The passing grade shall be set at 70% unless otherwise specified in such notice of examination.
(4) An applicant will be provided written notice of his or her examination grade.
(5) An applicant who fails to obtain a passing grade on a written, practical, or practical (on-site) examination may re-take the examination, subject to the availability of Department resources and appointments. The required fee must be paid by the applicant each time he or she is administered an examination. An applicant for a certificate of fitness that requires successful completion of a Department-accredited training course may be given two (2) opportunities to pass each written and practical examination for the certificate. An applicant who fails to obtain a passing grade after the second examination will be required to re-take and successfully complete the training course in its entirety and re-apply for the certificate of fitness.
(6) In lieu of a written examination for a certificate of fitness, the Department, in its discretion, may accept educational credentials or professional licenses or certifications that demonstrate the applicant's knowledge of, or proficiency in, the subject matter for which the certificate is required.
(7) In addition to any required written examination, applicants for certificates of fitness relating to the storage, handling or use of explosives in connection with blasting operations may be required to pass an oral examination administered by the Explosives Unit of the Bureau of Fire Prevention as set forth in the applicable notice of examination.
(e) Certificates of Fitness Application Requirements.
(1) In addition to general application requirements set forth in 3 RCNY § 113-01(c), applicants for a certificate of fitness shall submit the following proof of qualifications and fitness and such other information and documentation as the Department may require. The Department will not accept such proof if its validity cannot be satisfactorily verified.
(A) A driver's license, passport, birth certificate or other proof satisfactory to the Department that the applicant meets the minimum age requirements set forth in FC 113.4.
(B) Except as otherwise provided in this section, a letter of recommendation satisfactory to the Department, from the applicant's employer, previous employer, prospective employer, trade school or trade union. Such letter shall be on the letterhead of such employer, trade school or trade union; be signed by the employer, or an officer of the trade school or trade union (and indicate such officer's title); and contain the following information:
(1) the full name of the applicant and any other name under which the applicant may be known;
(2) the length of time the applicant has been known to the employer, trade school or trade union, the nature of the applicant's employment or training, and the length of time such employment or training was pursued and whether it was satisfactorily completed;
(3) the address of the building wherein the applicant will be employed, if applicable;
(4) information attesting to the good character, habits and relevant or required work experience or training of the applicant; and
(5) information indicating that the applicant's physical condition will permit the applicant to perform the duties associated with the certificate for which application is being made.
(C) Applicants for certificates of fitness who are self-employed shall submit, in lieu of letter of recommendation from a previous or prospective employer, a notarized written statement containing the information required by 3 RCNY § 113-01(e)(1)(B).
(2) Special application requirements.
(A) Applicants for certificates of fitness for blasting operations and special effects shall submit proof of not less than two years' satisfactory experience in handling the type of explosives or special effects for which a certificate of fitness is sought. Such proof shall include notarized letters from two (2) holders of a certificate of fitness for blasting operations, or from two (2) holders of a certificate of fitness for special effects, respectively, attesting to the applicant's character, habits and relevant work experience.
(B) Applicants for a certificate of fitness for fireworks display shall have attended a class conducted by a company holding a fireworks contractor certificate and shall submit notarized letters from two (2) holders of a certificate of fitness for fireworks displays attesting to the applicant's character, habits and relevant work experience.
(C) Applicants for a certificate of fitness for supervision of a standpipe system and/or sprinkler system shall obtain from their employer and submit as part of their application a sketch or plan of the standpipe and/or sprinkler systems that the applicant would be responsible for supervising.
(f) Certificate of Qualification Application Requirements.
(1) Original applications. In addition to general application requirements set forth in 3 RCNY § 113-01(c), applicants for an original certificate of qualification shall submit the following proof of qualifications and fitness and such other information and documentation as the Department may require:
(A) A driver's license, passport, birth certificate or other proof satisfactory to the Department that the applicant satisfies the minimum age requirements set forth in FC 113.4;
(B) A high school diploma, or its educational equivalent, approved by a state's Department of Education, or an approved accrediting organization;
(C) A Universal Technician Certification issued by the United States Environmental Protection Agency pursuant to Subpart F of Part 82 of Title 40 of the Code of Federal Regulations; and
(D) Proof of the following experience and/or qualifications in refrigerating systems or related technology:
(1) at least one (1) year of practical experience in the preceding three (3) years working in a building or plant with refrigerating or air conditioning equipment that, at a minimum, has an individual system containing over 50 pounds of refrigerant, or a prime mover or compressor of more than 50 horsepower, or an aggregate of individual systems of more than 15 horsepower each with a total of more than 100 horsepower; or
(2) at least one (1) year of practical experience in the preceding three (3) years engaged in the servicing and repair of refrigerating or air conditioning equipment rated at five (5) horsepower or more, or containing 20 pounds or more of refrigerant; or
(3) a combination of practical experience as set forth in 3 RCNY § 113-01(f)(1)(D)(1) and (2) that is satisfactory to the Department; or
(4) a current high pressure boiler operating engineer license issued by the Department of Buildings; or
(5) a current marine engineer certificate issued by the United States Coast Guard; or
(6) a current Professional Engineer's license issued in the United States; or
(7) have satisfactorily completed a training course accredited by the Department in refrigerating systems and related technology, of at least 200 hours duration, at least 25 hours of which shall have involved practical skills exercises/hands-on demonstrations.
(2) Renewal applications. On or after January 1, 2016, the holder of a certificate of qualification who has not successfully completed a course that addressed issues of building operation, maintenance and recordkeeping, as set forth in 3 RCNY § 113-07(c)(2)(V), shall, at the time of the next renewal of such certificate, present evidence of the successful completion of such a course. Such course shall be conducted by an institution or program accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-12. Applicants that can demonstrate that they have successfully completed a continuing education course in building operations, maintenance and recordkeeping in connection with the renewal of their certificate of fitness for fire safety director, as set forth in 3 RCNY § 113-02(c)(7), shall be deemed to have satisfied this requirement.
(3) Registration of work locations.
(A) Certificate of qualification applicants or holders must register each work location at which they will be performing the duties of a refrigerating system operating engineer.
(B) A certificate of qualification does not authorize the holder to perform such duties at any location other than work locations registered with the Department. A certificate of qualification holder shall not perform any duties requiring such certificate until such time a work location has been registered in accordance with this section. A certificate of qualification that does not have a work location registered with the Department shall be deemed "Not in Use" (inactive) and not valid to perform the duties of a refrigerating system operating engineer.
(C) To register a work location, a certificate of qualification applicant or holder shall submit a letter from the employer for whom he or she will be performing the duties of a certificate of qualification holder. Such letter shall be on business letterhead, and signed by an appropriate officer of the employer, and provide the following information and documentation:
(1) full name of the applicant;
(2) premises address, building designation and location of system to be supervised by the certificate holder (for example: 500 East 150th Street, B building, basement, east wing, Room B101);
(3) name of the manufacturer of the refrigerating system;
(4) type and number of pounds of refrigerant in the system;
(5) horsepower rating of the refrigerating system;
(6) date of installation of the refrigerating system; and
(7) a copy of the Department permit for such refrigerating system.
(D) Certificate of qualification applicants or holders seeking to register more than one (1) work location shall present a letter from the employer for each work location. In addition to the information and documentation set forth above, such letter shall indicate the days and specific hours worked, and specify whether or not the certificate holder would be providing personal or general supervision of the equipment in accordance with the requirements of FC 606.1.1. A certificate of qualification shall not be registered for more than one (1) work location for the same day and time if personal supervision is required at more than one (1) such location.
(E) Certificate of qualification holders seeking to change a registered work location shall register such work location in accordance with the procedures set forth in this section.
(g) Misconduct. In addition to any other penalties provided by law, misconduct on the part of an applicant or holder of a certificate of fitness or certificate of qualification shall be grounds for denial, non-renewal, suspension or revocation of a certificate, and denial of an application for a certificate or the opportunity to take a certificate examination. Such misconduct includes, but is not limited to:
(1) the failure of a certificate holder to properly discharge his or her duties;
(2) any false and fraudulent conduct in connection with an application for a certificate or the duties of a certificate holder, including:
(A) any false or fraudulent statement or submission;
(B) any unauthorized alteration or use of a certificate or possession of any fraudulent certificate;
(C) cheating on an examination; and
(D) impersonating another or allowing oneself to be impersonated;
(3) the failure to promptly notify the Department of any change in the applicant's or certificate holder's residence address, work location, or any other notifications required pursuant to 3 RCNY § 113-01(b)(2).
(4) any other unlawful or unsafe conduct that bears on the integrity or reliability of an applicant or certificate holder; and
(5) compromising the integrity or confidentiality of a Department examination.
(Amended City Record 10/28/2016, eff. 12/1/2016)
(a) Scope. This section sets forth standards, requirements and procedures for issuance of a certificate of fitness to perform the duties of an FLS director, including the process by which holders of a certificate of fitness for fire safety director or fire safety/EAP director may obtain a certificate of fitness for FLS director.
(c) Qualifications. In addition to the qualifications set forth in FC 113 and 3 RCNY § 113-01, and except as otherwise provided in 3 RCNY § 113-02(f), applicants for an FLS director certificate of fitness shall possess and demonstrate to the satisfaction of the Department the following qualifications:
(1) At least three (3) years' full-time work experience in one or more of the following fields (in any combination thereof), OR 18 months' full-time work experience in one or more of the following fields (in any combination thereof) that includes at least six (6) months of continuous employment at one work location:
(A) firefighting or other public safety emergency response employment;
(B) any fire safety-related employment, including code enforcement, fire safety inspection, fire prevention or emergency preparedness;
(C) the design, installation, operation or maintenance of building fire protection, electrical, plumbing, heating, ventilation, or air conditioning systems, or other building system regulated by the construction codes; or
(D) equivalent experience acceptable to the Department;
(3) Receipt of a passing grade on each of the Department's written examinations for an FLS director certificate of fitness, which tests the applicant's knowledge of matters having a bearing on the duties of an FLS director. The Department will issue a certificate of completion to each applicant who meets the requirements set forth in 3 RCNY § 113-01(c)(1) and (c)(2) and receives a passing grade on the written examinations. Such certificate of completion shall be included in the practical (on-site) examination application;
(4) Receipt of a passing grade on the practical (on-site) examination administered by the Department, which tests the applicant's knowledge of the characteristics and occupancy of each work location in which the applicant is to serve as FLS director (as set forth in 3 RCNY § 113-02(e)), including knowledge of the following information:
(A) FLS plan provisions and Building Information Card;
(B) Certificate of occupancy provisions;
(C) Height, area, construction and occupancy classification;
(D) Number, type and location of exits;
(E) Number, type and location of areas of refuge, if any;
(F) Number, type and location of elevators and escalators;
(G) Interior fire alarms and other fire alarm systems or communication systems;
(H) Standpipe system components and operation;
(I) Sprinkler system components and operation, including fire pumps;
(J) Fire extinguishing system components and operation;
(K) Number of persons normally employed in building;
(L) Number of persons normally visiting the building;
(M) Plan for drills (fire and non-fire emergencies);
(N) Table of organization for drills and for FLS staff;
(O) Operation of building service equipment, including electrical, lighting, heating, ventilating, air-conditioning and firefighting equipment, and trash compactors;
(P) Operation of elevators, including firefighter emergency service and other elevator service modes;
(Q) Alterations and repair operations and the protective and preventive measures necessary to safeguard such operations, with particular attention to hot work operations and the storage, handling and use of flammable liquids, combustible liquids and flammable gases;
(R) Other occupancies in the building and the proper protection and maintenance thereof including but not limited to day care facilities and places of assembly, and
(S) Procedures for assisting persons with special needs.
(5) Physical ability to perform the duties of the position; and
(6) At the time of renewal of an FLS director certificate of fitness, receipt of a passing grade on a practical (on-site) examination administered by the Department, when required by 3 RCNY § 113-02(e)(3).
(d) Application Procedures. Applicants must complete each of the following steps in order to be eligible for an FLS director certificate of fitness:
(1) Secure the experience necessary to satisfy the minimum qualifications for the certificate;
(3) Within nine (9) months of successfully completing the FLS director training course, apply for and receive a passing grade on the fire safety component of the FLS director written examination administered by the Department. An applicant need not be currently employed as an FLS director to take the written examination;
(4) Within nine (9) months of receiving a passing grade on the fire safety component of the FLS director written examination, apply for and receive a passing grade on the non-fire emergency component of the Department's written examination. An applicant need not be currently employed as an FLS director to take the examination. Upon receiving a passing grade on the non-fire emergency component of the FLS director written examination, the Department will issue a certificate of completion; and
(5) Within one (1) year of obtaining a certificate of completion, apply for and receive a passing grade on the Department's practical (on-site) examination at the work locations in which the applicant is to serve as an FLS director. An applicant who has received a certificate of completion may perform the duties of a FLS director on an interim basis (as set forth in 3 RCNY § 113-02(f)(6)), pending administration of the practical (on-site) examination.
(e) Registration of Work Locations. The FLS director certificate of fitness must be registered for each work location at which the holder of such certificate will be performing the duties of a FLS director. A FLS director certificate of fitness authorizes the holder of such certificate to perform such duties only at those work locations registered with the Department and at no other work location. Registration of multiple work locations shall not be construed to authorize performance of the duties of a FLS director at more than one (1) work location at the same time.
(1) Limitation on work locations. An FLS director certificate of fitness may be registered by the Department for one (1) or two (2) work locations. Special approval is required to register for more than two (2) work locations, and shall only be granted upon a determination that the holder is capable of demonstrating and maintaining proficiency at each work location. Approval to register for more than one (1) work location shall be subject to administration of practical (on-site) examinations at each work location, as set forth in 3 RCNY § 113-02(e)(3), and such other terms and conditions as the Department may require to assure that proficiency is maintained. In determining the holder's ability to maintain proficiency at multiple work locations, considerations may include:
(A) the number of hours to be regularly worked at each location; and
(B) similarities in building configuration and building systems at the work locations (such as may be the case with an office building complex or hotel chain).
(2) Submission. To register a work location, an FLS director certificate of fitness applicant or holder shall submit a letter from each employer for whom he or she will be performing the duties of an FLS director. Such letter shall be on business letterhead, and signed by an appropriate principal or officer of the employer, and provide such information and documentation as may be required by the Department.
(3) Practical (on-site) examinations. The Department will administer, at the time of application, a separate practical (on-site) examination for a second work location that an FLS director certificate of fitness applicant or holder seeks to register, and each additional work location for which special approval is required from the Department in accordance with 3 RCNY § 113-02(e)(1). The Department may require the holder to submit to an additional practical (on-site) examination at time of renewal of the certificate, or such other time as the Department may specify, upon a determination that such examination is necessary to demonstrate the holder's continuing qualifications and fitness to serve as an FLS director in more than one work location. The Department may give priority to first-time applicants in the scheduling of practical (on-site) examinations.
(4) Change in work location. A change in work location must be immediately reported to the Licensing Unit of the Bureau of Fire Prevention, and application made for a practical (on-site) examination at the new work location prior to commencing work at such location.
(5) Certificate not in use. The certificate of fitness of an FLS director who has no work location registered with the Department shall be deemed "Not In Use" (inactive) and is not valid to perform the duties of an FLS director. An FLS director certificate of fitness that is in "Not In Use" status may be renewed only once.
(f) Transition to FLS Director from Fire Safety Director and Fire Safety/EAP Director.
(1) Transition timeframe. Effective March 1, 2020, an FLS director certificate of fitness or, as set forth in 3 RCNY § 113-02(f)(6), a certificate of completion allowing the applicant to perform the duties of an FLS director on an interim basis, will be required in all occupancies currently required to be staffed by a fire safety/EAP director or fire safety director. Fire safety/EAP director certificates of fitness and fire safety director certificates of fitness will not satisfy the Fire Code requirement for an FLS director and will not be renewed upon expiration.
(2) Application for FLS director certification. All persons holding a fire safety director or fire safety/EAP director certificate of fitness must apply to the Department for an FLS director certificate of fitness no later than December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner. An FLS director certificate of fitness will be issued to each such person who possesses and demonstrates to the satisfaction of the Department the qualifications set forth in 3 RCNY § 113-02(f)(3) or (4), as applicable. A person who, without good cause, fails to timely fulfill the requirements for the FLS director certificate of fitness may be required to submit an original application for such certificate of fitness.
(3) Transition requirements for fire safety/EAP directors. Not later than September 4, 2017, or the expiration of the certificate of fitness, whichever is sooner, all persons holding a fire safety/EAP director certificate of fitness must attend and successfully complete a training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-06 that addresses active shooter and medical emergencies.
(4) Transition requirements for fire safety directors. All persons holding a fire safety director certificate of fitness but not an EAP director certificate of fitness shall undertake and successfully complete the following requirements.
(A) Not later than September 4, 2017, or the expiration of their certificate of fitness, whichever is sooner, attend and successfully complete a training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-06 that addresses active shooter and medical emergencies, which may be a training course in non-fire emergencies accredited pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-05 that includes training in active shooter and medical emergencies;
(B) Not later than September 3, 2018, or the expiration of their certificate of fitness, whichever is sooner, attend and successfully complete a training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-05 that addresses non-fire emergencies generally (commonly referred to as Emergency Action Plan training);
(C) Not later than December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner, apply to the Department for an FLS director certificate of fitness;
(D) Not later than March 1, 2019, receive a passing grade on the non-fire emergency component of the Department's written examination. (Employment or the promise of employment as an FLS director in a particular building is not required to take such examination.) Upon receiving a passing grade on the non-fire emergency component of the written examination, the Department will issue a certificate of completion. An applicant who has received a certificate of completion may serve as an FLS director on an interim basis, as set forth in 3 RCNY § 113-02(f)(6), pending administration of the practical (on-site) examination; and
(E) Not later than one year from obtaining a certificate of completion, apply for and receive a passing grade on the Department's practical (on-site) examination at the work location in which the applicant is to serve as an FLS director.
(5) Transition requirements for certificates not in use. Any person holding a fire safety director or fire safety/EAP director certificate of fitness that is in "not in use" status must timely complete the transition requirements applicable to the FLS director certificate of fitness, as set forth in 3 RCNY § 113-02(f)(3) or (4), as applicable, or its "not in use" status will lapse on December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner.
(6) Interim FLS directors. When an applicant for an FLS director certificate of fitness is to be employed in a work location that has not yet obtained Department acceptance of its comprehensive fire safety/EAP plan, such applicant may, upon receiving a certificate of completion, perform the duties of an FLS director on an interim basis pending administration of the practical (on-site) examination for a period not to exceed one (1) year from the date of issuance of the certificate of completion or for such other period of time as the Department may grant in its discretion. The presence on the premises of a person holding such a certificate of completion satisfies the requirement for an FLS director during such interim period, as set forth in 3 RCNY § 113-02(d)(5) and (f)(4). "Perform the duties of an FLS director on an interim basis" means that such person is authorized to implement the provisions of FC Chapter 4 and 3 RCNY § 404-01 with respect to fire emergencies and to take such actions in response to non-fire emergencies as the owner may authorize, based on the non-fire emergency plan or procedures currently in place.
(Amended City Record 10/28/2016, eff. 12/1/2016)
(a) Scope.
(1) This section sets forth general procedures, standards and requirements for the accreditation of training courses by the Department.
(2) Training courses for the FLS director certificate of fitness shall also comply with the provisions of 3 RCNY § 113-05.
(3) Training courses for active shooter and medical emergency preparedness shall also comply with the provisions of 3 RCNY § 113-06.
(4) Training courses for the refrigerating system operating engineer certificate of qualification shall also comply with the provisions of 3 RCNY § 113-07.
(5) Training courses for the construction site fire safety manager certificate of fitness shall also comply with the provisions of 3 RCNY § 113-10.
(6) Training courses for building operation, maintenance and recordkeeping shall also comply with the provisions of 3 RCNY § 113-12.
(b) General Provisions.
(1) Prohibited claims and representations. It shall be unlawful for any educator, educational institution or program or other person or entity to offer a course purporting to train or otherwise qualify an individual for the certificates of fitness formerly issued by the Department for fire safety director or fire safety/EAP director, a certificate of fitness for FLS director, a certificate of qualification to direct, control or supervise the operation of a refrigerating system or related technology, or a certificate of fitness for construction site fire safety manager, or to offer another training course requiring Department accreditation pursuant to this section, or to make a similar claim, or purport to be approved by the Department, or otherwise make reference to the Department in connection with such certificates, prior to receiving Department accreditation of such course.
(2) Term of accreditation. Original and renewal accreditations will be issued for a term of one (1) year, unless a shorter term is specified by the Department.
(c) Accreditation Standards. The Department will grant accreditation to a training course only if the applicant establishes that the training course will meet the following minimum standards:
(1) The training course provides the hours and topics of instruction required by the Department for that type of training course.
(2) A written examination of a type acceptable to the Department is administered and a passing grade acceptable to the Department is required for successful completion of the course.
(3) The training course has been developed and will be taught and evaluated by individuals possessing the requisite knowledge, skills, experience or other appropriate qualifications. The Department may require applicants who are instructors at Department-accredited training schools to hold the applicable certificate of fitness or to establish their eligibility for issuance of such certificate.
(4) Records satisfactorily demonstrating compliance with accreditation standards and requirements, including records of course administration and student performance, are maintained.
(5) Department representatives are allowed to attend training courses and audit records to monitor compliance with accreditation standards and requirements.
(6) Each student is required to complete a Department-approved course evaluation form upon completion of the training course, and the completed forms are returned to the Department no later than five (5) days after course completion.
(d) Application Requirements.
(1) Application information. Information relating to training course accreditation application requirements and procedures, including application forms, may be obtained from the Department's web site, www.nyc.gov/fdny, and from the Licensing Unit of the Bureau of Fire Prevention, Fire Department Headquarters, 9 MetroTech Center, 1st Floor, Brooklyn, NY 11201-3857.
(2) Submission. All applications for training course accreditation shall be submitted to the Licensing Unit of the Bureau of Fire Prevention, and shall include the fee set forth in FC A02.1.
(3) Original applications. All original applications shall include the following information and documentation, and such other information and documentation as the Department may require:
(A) The name and address of the educator or educational institution or program proposing to offer the training course;
(B) The name and contact information, including a telephone number, of a designated representative;
(C) The course location and course schedule (dates and time), including the location of any practical skills exercise/hands-on demonstrations;
(D) The type of course for which approval is being requested;
(E) A detailed outline of the course curriculum;
(F) A description of the teaching methods to be used to present each topic, (e.g., lectures, discussions, practical skills exercises and audio-visual materials);
(G) Copies of all written materials to be distributed, including sample examinations;
(H) Tuition fees, study material fees and any other fees to be charged students;
(I) A list of instructors, documentation of their qualifications (including a resume), and a list of the subjects each instructor will teach;
(J) The instructor-to-student ratio for classroom, practical skills exercises/hands-on demonstrations;
(K) Procedure for documenting student attendance of each student at each training session;
(L) Any affiliations with other educational institutions or trade, union or professional organizations;
(M) A summary of the applicant's prior history and experience in conducting similar training courses, including the location and approximate date of each such course;
(N) A list of all other licensing authorities for which the training courses have been approved or disapproved; and
(O) Evidence of compliance with New York State Department of Education regulations, or a statement from the applicant that the applicant and/or the training course are not subject to such regulations.
(4) Renewal applications.
(A) An application for renewal of accreditation shall include updated course information, including any course schedule, curriculum or personnel changes.
(B) The Department will evaluate the effectiveness of any training course, including consideration of the success of its students in achieving passing grades on certificate of fitness or certificate of qualification examinations, in determining whether to grant an application for renewal of accreditation.
(e) Training Course Changes.
(1) Notice required. Application shall be made to the Department for approval of the following training course changes prior to implementing such changes:
(A) personnel;
(B) course schedule (dates, times and location);
(C) course curriculum; or
(D) teaching methods.
(2) Conditional approval. Conditional approval may be granted pending a complete evaluation of the changes.
(f) Misconduct. In addition to any other penalties provided by law, misconduct on the part of an applicant for accreditation, or any educator or educational institution or program granted accreditation, shall be grounds for denial, non-renewal, suspension or revocation of accreditation. Such misconduct includes, but is not limited to, the following acts or omissions:
(1) any false or fraudulent conduct in connection with an application for accreditation or other Department approval;
(2) the failure to conduct the course in accordance with standards and requirements for accreditation;
(3) the failure to timely notify the Department of training course changes or to obtain approval therefor;
(4) the failure to maintain proper recordkeeping;
(5) the failure to allow Department representatives to attend a training course and/or audit records in order to monitor compliance with accreditation standards and requirements;
(6) the failure to disclose to the Department training course information, including relating to the preparation, security and administration of examinations and students' grades; or
(7) any other conduct that bears on the integrity of the applicant or accredited educator or educational institution or program, or the effectiveness of the training course.
(Amended City Record 10/28/2016, eff. 12/1/2016)
(a) Scope. This section sets forth the minimum hours of classroom instruction and topics required for Department accreditation of training courses for certificate of fitness for FLS director.
(b) General Provisions.
(1) General accreditation requirements. FLS director training courses shall comply with the general training school accreditation procedures, standards and requirements set forth in 3 RCNY § 113-04.
(2) Instructor qualifications. Instruction in FLS director training courses shall be conducted by persons with law enforcement, fire prevention/suppression, engineering, environmental safety, fire safety director, meteorological, technological experience or expertise, prior experience in fire safety and non-fire emergency (EAP) training, or other appropriate experience or expertise that qualifies them to teach the respective instructional topics of the training course.
(c) Course Structure, Required Hours and Topics of Instruction. FLS director training courses shall be organized and conducted to address general topics and fire safety, followed by non-fire emergencies. FLS director training courses shall provide not less than 31 hours of training, as follows: four (4) hours in general topics, 16 hours in fire safety, and 11 hours in non-fire emergencies (Emergency Action Plan training).
(1) General topics. FLS director training courses shall provide instruction in the following general topics:
(A) FLS director qualifications.
(1) Qualifications for certificate of fitness.
(2) Department application forms.
(3) Certificate of fitness written and practical (on-site) examinations.
(B) Building construction and systems.
(1) Alarm systems.
(2) Sprinkler systems.
(3) Standpipe systems.
(4) Smoke detectors.
(5) Portable fire extinguishers.
(6) Types of alarm systems: office building, hotel/motel, high-rise building, interior fire alarm.
(7) Fire command center.
(8) Elevators, including the different modes of elevator operation.
(9) Signs.
(10) Stair pressurization.
(11) Smoke shaft.
(12) Compartmentation.
(13) Construction.
(14) HVAC systems.
(15) Smoke control and purge systems.
(16) History of fatal fires in high-rise office and residential buildings, nursing homes, night clubs and other places of assembly, and other occupancies.
(2) Fire safety training. FLS director training courses shall, at a minimum, provide not less than 16 hours of instructional training in fire safety, of which not less than two (2) hours shall consist of practical skills exercise/hands-on demonstrations. FLS director training courses shall provide instruction in the following fire safety topics:
(A) FLS director duties and responsibilities in fire emergencies.
(1) Role of FLS director and deputy FLS director.
(2) FLS plan format.
(3) Fire drills and evacuation.
(4) Training of fire brigade.
(5) Human behavior and personal safety of building occupants.
(6) Communication with Department at fire incidents.
(7) Inspection and prevention of fires.
(B) Legal requirements.
(1) Local Law Nos. 5 of 1973, 16 of 1984, 41 of 1978, 58 of 1987, 26 of 2004 and the 2008, 2014, and 2022 Fire Codes, including any amendments thereto.
(2) Owner's legal responsibilities.
(3) Americans with Disabilities Act of 1990, including any amendments thereto.
(C) Firematics.
(1) Chemistry of fire.
(2) Properties of fire.
(3) Behavior of fire.
(4) Flame-resistant chemicals and treatments.
(5) Ignition sources.
(6) Heat transfer.
(D) Practical skills exercise/hands-on demonstration.
(1) Elevator recall.
(2) Fire alarm systems in office buildings, hotels, places of assembly and other occupancies, and the features of such systems and capabilities, including fire command centers, announcements, and warden phones.
(E) Building operation, maintenance and recordkeeping. Building Code, Fire Code and rule requirements for building operation, maintenance and recordkeeping, as set forth in 3 RCNY § 113-12(c)(2).
(3) Non-fire emergency (Emergency Action Plan) training. FLS director training courses shall, at a minimum, provide not less than eleven (11) hours of instructional training, of which not less than nine (9) hours shall consist of Category 1 topics and not less than two (2) hours shall consist of Category 2 topics.
(A) Category 1 shall include the following instructional topics, and such other topics as the Department may from time to time designate by written notice to accredited training course providers:
(1) Local Law No. 26 of 2004, Fire Code Chapter 4 and any amendments or other rules promulgated pursuant thereto;
(2) Shelter in place, in-building relocation, partial building evacuation and full building evacuation concepts;
(3) Building communications and announcements;
(4) Building ventilation options;
(5) Use of elevators;
(6) Human services, including building occupants with special needs and related mobility and communications issues;
(7) Weapons of mass destruction, including dirty bombs and other radiological weapons;
(8) Active shooter and medical emergencies, as set forth in 3 RCNY § 113-06;
(9) Hazardous material incidents involving biological agents, including contamination issues;
(10) Hazardous material incidents involving chemical agents;
(11) Bombs, bomb threats and suspicious packages;
(12) Weather-related emergencies;
(13) Failure of building utilities, mechanical systems and/or telecommunications systems; and
(14) Training methodology, including application protocols and post drill critiques.
(B) Category 2 shall include the following instructional topics, and such other topics as the Department may from time to time designate by written notice to accredited training course providers:
(1) Civil disturbances and blackouts;
(2) Familiarization with incident command structure and emergency response operations;
(3) Situational awareness in the context of non-fire emergencies;
(4) Applicable lessons from major incidents including the World Trade Center; and
(5) Practical (on-site) test information as provided by the Department.
(d) Course Administration and Completion.
(1) The ratio of students to instructors in the fire safety practical skills exercise, including practical skills exercise/hands-on demonstrations, shall not exceed 25-to-1.
(2) Students must attend all training classes to be eligible to take the final examination.
(3) Students shall be allowed two (2) opportunities to pass the final examination. Students who fail the final examination on the second attempt must re-take the course in its entirety.
(Amended City Record 10/28/2016, eff. 12/1/2016; amended City Record 9/20/2023, eff. 10/20/2023)
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