(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)