This chapter shall govern the operation and maintenance of buildings, structures and premises with respect to precautions to prevent fire and the spread of fire. This chapter shall additionally govern the design, installation, operation and maintenance of the operations, facilities and premises set forth herein.
The following terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein.
ASPHALT MELTER. An approved device designed to heat asphalt, typically for waterproofing operations, that, utilizing a flammable gas or a combustible liquid, generates an enclosed flame that indirectly heats a vessel containing the asphalt.
AUTOMOTIVE SALVAGE AND WRECKING FACILITY. Any premises used for the dismantling and/or wrecking of motor vehicles in connection with the sale of auto parts or scrap metal.
COKE. A solid carbonaceous material manufactured from the distillation of bituminous coal, petroleum or coal tar, with a thermal heating value of not more than 13,200 British thermal units per hour (3869 W), a volatile composition of not more than 0.5 percent, an NFPA Standard 704 fire hazard rating of not more than 1, and an NFPA Standard 704 reactivity rating of 0.
COKE-FUELED SALAMANDER. A metal vessel, typically cylindrical in shape, used to burn coke in the open air for the purpose of maintaining an open fire for construction-related curing and drying. A coke-fueled salamander does not utilize a combustible liquid or flammable gas and does not generate a flame in a sustained or controlled manner and therefore is not an open flame device or portable space heater as those terms are used in this code.
COMPUTATIONAL FLUID DYNAMICS ANALYSIS. A simulation and analysis of air flow, including temperature gradients, and for a fire, the products of combustion, over time and distance.
ELECTRIC BARBECUE. Any device designed for heating or cooking food on an open grate cooking surface above exposed heating elements. An electric grill that has its heating elements embedded within a solid cooking surface is not an electric barbecue.
FLOAT. A floating dock or structure to which marine vessels or watercraft may be moored and which is typically used as means by which passengers and freight may be transferred from ship to shore.
HI-BOY. A cart used to move hot roofing materials on a roof.
HIGH-VOLTAGE TRANSMISSION LINE. An electrical power transmission line operating at or above 66 kilovolts.
MARINA. A facility on, in or around a body of water, protected by natural or manmade features, that is used or designed to be used for the mooring, servicing or storage of marine vessels or watercraft, or the provision of services to the passengers and crews of such vessels or watercraft. A marina typically is comprised of one or more docks, piers, wharfs, and storage and fueling facilities for watercraft.
OPEN FIRES. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
OPEN FLAME. A flame that is generated by any material or device in a sustained and controlled manner and that is not securely enclosed by noncombustible material, such as a candle that is unenclosed or enclosed in a globe or lantern, or a gas light lantern, but not a flame contained in a furnace or other similar approved device, equipment or system. Torches operated in accordance with FC Chapter 26 and lighted smoking paraphernalia shall not be considered an open flame.
OPEN-FLAME DEVICE. Any device utilizing an open flame.
PIER. A structure built over the water, typically supported by piles.
PORTABLE FUELED EQUIPMENT.Any portable device, equipment or system, whether or not flue-connected, that utilizes a flammable or combustible liquid or flammable gas as a fuel, except an open-flame device.
PORTABLE SPACE HEATER. Any portable equipment designed or used for space heating that utilizes a combustible liquid or flammable gas as a fuel, whether or not flue-connected.
POWERED INDUSTRIAL EQUIPMENT. Equipment used in commercial and industrial applications, including floor scrubbers and floor buffers, powered by a lead-acid battery system.
POWERED INDUSTRIAL TRUCK. A forklift, tractor, platform lift truck or motorized hand truck powered by a lead-acid battery system, a metal hydride hydrogen storage system or an internal combustion engine. Powered industrial trucks do not include farm vehicles or motor vehicles for highway use.
TAR KETTLE. A device designed to heat tar, asphalt, pitch or similar materials, typically for waterproofing operations, that, utilizing a flammable gas or a combustible liquid, generates a flame to heat a vessel containing such a material. Tar kettle does not include asphalt melters.
VESSEL. A motorized watercraft, other than a seaplane, used or capable of being used as a means of transportation, including watercraft not primarily used for transportation purposes, such as houseboats.
WHARF. A structure or bulkhead constructed along the shore of an inlet, lake or river, or other navigable body of water, used or designed to be used to tie up vessels so that they may lie alongside the shore, and/or to anchor piers or floats.
ASPHALT MELTER. An approved device designed to heat asphalt, typically for waterproofing operations, that, utilizing a flammable gas or a combustible liquid, generates an enclosed flame that indirectly heats a vessel containing the asphalt.
AUTOMOTIVE SALVAGE AND WRECKING FACILITY. Any premises used for the dismantling and/or wrecking of motor vehicles in connection with the sale of auto parts or scrap metal.
COKE. A solid carbonaceous material manufactured from the distillation of bituminous coal, petroleum or coal tar, with a thermal heating value of not more than 13,200 British thermal units per hour (3869 W), a volatile composition of not more than 0.5 percent, an NFPA Standard 704 fire hazard rating of not more than 1, and an NFPA Standard 704 reactivity rating of 0.
COKE-FUELED SALAMANDER. A metal vessel, typically cylindrical in shape, used to burn coke in the open air for the purpose of maintaining an open fire for construction-related curing and drying. A coke-fueled salamander does not utilize a combustible liquid or flammable gas and does not generate a flame in a sustained or controlled manner and therefore is not an open flame device or portable space heater as those terms are used in this code.
COMPUTATIONAL FLUID DYNAMICS ANALYSIS. A simulation and analysis of air flow, including temperature gradients, and for a fire, the products of combustion, over time and distance.
ELECTRIC BARBECUE. Any device designed for heating or cooking food on an open grate cooking surface above exposed heating elements. An electric grill that has its heating elements embedded within a solid cooking surface is not an electric barbecue.
FLOAT. A floating dock or structure to which marine vessels or watercraft may be moored and which is typically used as means by which passengers and freight may be transferred from ship to shore.
HI-BOY. A cart used to move hot roofing materials on a roof.
HIGH-VOLTAGE TRANSMISSION LINE. An electrical power transmission line operating at or above 66 kilovolts.
MARINA. A facility on, in or around a body of water, protected by natural or manmade features, that is used or designed to be used for the mooring, servicing or storage of marine vessels or watercraft, or the provision of services to the passengers and crews of such vessels or watercraft. A marina typically is comprised of one or more docks, piers, wharfs, and storage and fueling facilities for watercraft.
OPEN FIRES. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
OPEN FLAME. A flame that is generated by any material or device in a sustained and controlled manner and that is not securely enclosed by noncombustible material, such as a candle that is unenclosed or enclosed in a globe or lantern, or a gas light lantern, but not a flame contained in a furnace or other similar approved device, equipment or system. Torches operated in accordance with FC Chapter 26 and lighted smoking paraphernalia shall not be considered an open flame.
OPEN-FLAME DEVICE. Any device utilizing an open flame.
PIER. A structure built over the water, typically supported by piles.
PORTABLE FUELED EQUIPMENT.Any portable device, equipment or system, whether or not flue-connected, that utilizes a flammable or combustible liquid or flammable gas as a fuel, except an open-flame device.
PORTABLE SPACE HEATER. Any portable equipment designed or used for space heating that utilizes a combustible liquid or flammable gas as a fuel, whether or not flue-connected.
POWERED INDUSTRIAL EQUIPMENT. Equipment used in commercial and industrial applications, including floor scrubbers and floor buffers, powered by a lead-acid battery system.
POWERED INDUSTRIAL TRUCK. A forklift, tractor, platform lift truck or motorized hand truck powered by a lead-acid battery system, a metal hydride hydrogen storage system or an internal combustion engine. Powered industrial trucks do not include farm vehicles or motor vehicles for highway use.
TAR KETTLE. A device designed to heat tar, asphalt, pitch or similar materials, typically for waterproofing operations, that, utilizing a flammable gas or a combustible liquid, generates a flame to heat a vessel containing such a material. Tar kettle does not include asphalt melters.
VESSEL. A motorized watercraft, other than a seaplane, used or capable of being used as a means of transportation, including watercraft not primarily used for transportation purposes, such as houseboats.
WHARF. A structure or bulkhead constructed along the shore of an inlet, lake or river, or other navigable body of water, used or designed to be used to tie up vessels so that they may lie alongside the shore, and/or to anchor piers or floats.
Tar kettles and asphalt melters shall not be transported or otherwise moved when the heat source for the kettle or melter is operating.
Exception: Tar kettles and asphalt melters in the process of patching road surfaces.
Exception: Tar kettles and asphalt melters in the process of patching road surfaces.
Tar kettles and asphalt melters shall not be located within 20 feet (6096 mm) of any combustible material, combustible building surface or any building opening and within a controlled area identified by the use of traffic cones, barriers or other approved means. Tar kettles, asphalt melters and pots shall not be utilized indoors or on the roof of a building or structure, except that LPG-fueled asphalt melters may be utilized on the roof of a building or structure in accordance with the rules. Roofing kettles, and operating tar kettles and asphalt melters shall not block means of egress, gates, roadways or entrances.
Fuel containers shall be located at least 10 feet (3048 mm) from the burner.
Exception: Containers properly insulated from heat or flame are allowed to be within 2 feet (610 mm) of the burner.
Exception: Containers properly insulated from heat or flame are allowed to be within 2 feet (610 mm) of the burner.
An operating tar kettle or asphalt melter requiring a permit shall be under the personal supervision of a person holding a certificate of fitness. The certificate of fitness holder shall be within 100 feet (30 480 mm) of the kettle or melter, have the kettle or melter within sight and have unobstructed access to the kettle or melter. Ladders and other obstacles shall not form a part of the route between the certificate of fitness holder and the kettle or melter. The certificate of fitness holder shall not have to climb or descend a ladder or circumvent any obstacle to gain access to the kettle or melter.
There shall be at least one portable fire extinguisher complying with the requirements of FC906 and with a minimum 3-A:40-B:C rating within 25 feet (7620 mm) of each tar kettle and asphalt melter during the period such kettle or melter is being utilized, and one additional portable fire extinguisher with a minimum 3-A:40-B:C rating on the roof being covered.
Tar kettles and asphalt melters shall be equipped with tight-fitting lids.
Any kettle used as a tar kettle and any melter used as an asphalt melter shall be constructed of noncombustible materials.
It shall be unlawful to store, handle or use fuel containers that operate under air pressure.
It shall be unlawful to store, handle or use tar kettles or asphalt melters that utilize flammable liquid as a fuel.
Roofing operations, including repairs, using open-flame devices shall comply with the requirements of FC1417 and FC Chapters 26 and 35.
It shall be unlawful to cause or allow rubbish and other combustible waste to accumulate in a building or structure or upon a premises.
Roofs, courts, yards, vacant lots, alleys, parking lots, open spaces, and the space beneath a grandstand, bleacher, pier, wharf, or other similar structure, shall be regularly cleaned so as to prevent the accumulation of any rubbish, vegetation or other combustible waste.
Weeds, grass, vines, brush or other vegetation that is capable of being ignited shall be regularly pruned, or cleared and removed for a distance of 10 feet (3048 mm) from any building or structure.
It shall be unlawful to store rubbish or other combustible waste in a manner that creates a fire hazard or public nuisance.
Rubbish and other combustible waste stored pending removal in a building or structure or upon a premises shall be stored in accordance with this section, and any other applicable law, rule or regulation.
Rubbish and other combustible waste susceptible to spontaneous ignition, such as oily rags, shall be stored in a listed disposal container. Contents of such containers shall be removed and disposed of daily.
Dumpsters and other containers with a capacity exceeding 40 gallons (0.15 m3) shall be provided with lids. Such containers and their lids shall be constructed of noncombustible materials or of materials having a peak rate of heat release not exceeding 300 kW/m2 when tested in accordance with ASTM E 1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, and listed and labeled as such.
Dumpsters and other containers with an individual capacity exceeding 200 gallons (0.76 m3) shall not be stored indoors, and shall not be stored outdoors within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines.
Exceptions:
Exceptions:
- Dumpsters or containers in areas protected throughout by a sprinkler system.
- Storage in a building or structure of Type I or Type IIA construction or other construction with an equivalent fire rating, where such building or structure is located not less than 10 feet (3048 mm) from other buildings or structures and used exclusively for container or dumpster storage.
Wastebaskets and other waste containers, including their lids, used in Group I-2 and I-3 occupancies shall be constructed of noncombustible materials or of materials having a peak rate of heat release not exceeding 300 kW/m2 when tested in accordance with ASTM E 1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation. Metal wastebaskets and other metal waste containers with a capacity of 20 gallons (76 L) or more shall be listed in accordance with UL 1315 and shall be provided with a noncombustible lid.
Outdoor storage of combustible waste at a transfer station, recycling facility, or other lawful outdoor combustible waste storage facility, shall comply with the requirements of FC315.
Clearance between ignition sources, such as luminaires, heaters and open-flame devices, and combustible materials shall be maintained in an approved manner.
Hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall not be deposited in a combustible container, or within 10 feet (3048 mm) of other combustible material, including combustible walls and partitions and combustible waste, or within 2 feet (610 mm) of openings to buildings or structures.
Exception: The minimum required separation distance to other combustible materials shall be 2 feet (610 mm) where the material is deposited in a covered, noncombustible container placed on a noncombustible floor, ground surface or stand.
Exception: The minimum required separation distance to other combustible materials shall be 2 feet (610 mm) where the material is deposited in a covered, noncombustible container placed on a noncombustible floor, ground surface or stand.
It shall be unlawful to use an open-flame device on roadways as a warning signal or for any other purposes.
Exception: The use of fusees at the scene of an emergency or as required by standard railroad operating procedures.
Exception: The use of fusees at the scene of an emergency or as required by standard railroad operating procedures.
It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material or combustible waste in such a manner as to endanger the safety of persons or property.
Electric arc, xenon or other light source projection equipment which develops hazardous gases, dust or radiation and the projection of ribbon-type cellulose nitrate film, regardless of the light source used in projection, shall be operated within a motion picture projection room complying with the requirements of Chapter 4 of the Building Code.
Cellulose nitrate film shall be stored, handled and used in accordance with NFPA 40 and subject to the approval of the commissioner.
The handling and use of cellulose nitrate film, including motion picture projection, shall be under the personal supervision of a person holding a certificate of fitness. The storage of cellulose nitrate film shall be under the general supervision of a person holding a certificate of fitness.
The screens upon which motion pictures are projected shall be of noncombustible construction as set forth in Chapter 6 of the Building Code, or shall meet the flame propagation performance criteria of NFPA 701, or shall comply with the requirements for a Class A interior finish in accordance with Chapter 8 of the Building Code. Screens installed prior to the effective date of this code shall comply with the applicable Building Code requirements. The construction supporting such motion picture screens shall be of noncombustible construction as set forth in Chapter 6 of the Building Code, and shall comply with the load bearing requirements of the Building Code.
Kindling, building, maintaining or using an open fire is prohibited.
Exceptions:
Exceptions:
- Portable outdoor barbecues as authorized by FC307.5.
- Outdoor noncommercial barbecue fires in equipment provided by and located in city parks where such open fires are allowed by the Department of Parks and Recreation.
- In connection with training of fire brigades or similar purposes by persons or entities where such training is required by law, rule or regulation.
- Approved open fires used for special effects in connection with television, motion picture, theatrical and other entertainment productions.
- Coke-fueled salamanders at a construction site in accordance with FC307.6 and the rules.
Open fires allowed pursuant to FC307.1 may only be kindled, built, maintained or used with the prior written authorization of the agencies with regulatory jurisdiction, property owner and other required approvals, and only when such open fires are maintained in compliance with all conditions of such authorization or approval. The commissioner may prohibit the kindling, building, maintaining or use of open fire or order the extinguishment of any open fire allowed by this section, upon a determination that such open fire will create an undue hazard because of conditions in the surrounding environment.
Open fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with the requirements of FC906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as a garden hose connected to an approved water supply, shall be available for immediate use.
Charcoal, electric, and LPG and piped natural gas-fueled portable outdoor barbecues may be operated and maintained in compliance with the requirements of this section.
Portable outdoor barbecues burning charcoal, powered by electricity, or fueled by LPG containers or piped natural gas may be stored and used on any residential premises in compliance with the requirements of this section and the rules. Portable outdoor barbecues burning charcoal, powered by electricity, or fueled by piped natural gas may be stored and used on any other premises in compliance with the requirements of this section and the rules, except as may be restricted by the Zoning Resolution or the Department by rule or order. Stationary outdoor grills and other outdoor cooking equipment shall be installed in accordance with the Building and Mechanical Codes, and operated and maintained in accordance with this section.
The total grate area of a portable outdoor barbecue shall not exceed 10 square feet (0.929 m2).
Portable outdoor barbecues shall not be stored or used within 10 feet (3048 mm) of any combustible waste, combustible material, or any combustible building surface, including combustible roofs and decks. To the maximum extent feasible, windows, doors and other building openings within 10 feet (3048 mm) of a barbecue in use shall be kept closed. An entrance door shall be closed immediately after entering or exiting the building while the barbecue is in use.
A garden-type hose attached to a water supply, or a minimum of one portable fire extinguisher complying with the requirements of FC906 with a minimum 4-A rating, shall be provided for any portable outdoor barbecue, and shall be readily accessible whenever the portable outdoor barbecue is in use. A portable fire extinguisher complying with the requirements of FC906 and with a Class K rating shall be provided for any portable outdoor barbecue used for commercial cooking purposes, and shall be readily accessible whenever such barbecue is in use.
The natural gas piping supplying portable outdoor barbecues designed to use piped natural gas shall be designed and installed in accordance with the Fuel Gas Code.
Portable outdoor barbecues fueled by LPG containers shall additionally comply with the requirements of FC307.5.6.1 and 307.5.6.2.
Only portable outdoor barbecues designed for use with LPG containers with a capacity of 16.4 ounces (0.465 kg) may be stored or used on the premises of a Group R-2 occupancy. Indoor storage of 16.4-ounce (0.465 kg) LPG containers for this or any other purpose is limited to a maximum of four such containers per dwelling unit.
Portable outdoor barbecues designed for use with LPG containers with a capacity of 20 pounds (9.08 kg) or LPG containers with a capacity of 16.4 ounces (0.465 kg) may be stored or used on the premises of a Group R-3 occupancy. Twenty-pound LPG containers shall not be stored or used indoors, or on any rooftop or balcony. A maximum of two 20-pound LPG containers may be used to fuel a portable outdoor barbecue. Indoor storage of 16.4-ounce (0.465 kg) LPG containers for this or any other purpose is limited to a maximum of four such containers per dwelling unit.
Portable outdoor barbecues shall be periodically cleaned by removing grease or fat accumulations from grills and in trays below the grill.
Coke and coke-fueled salamanders may be stored, handled and used for construction-related curing and drying at construction sites in accordance with this section and the rules.
The handling and use of coke and coke-fueled salamanders at construction sites, including the extinguishment of the coke, shall be under the personal supervision of a certificate of fitness holder. A certificate of fitness holder may not supervise the handling or use of more than fifty coke-fueled salamanders, or the handling or use of coke or coke-fueled salamanders that are located on more than one floor. The storage of coke and coke-fueled salamanders at construction sites shall be under the general supervision of a certificate of fitness holder.
This section governs the use of open flames in all buildings, structures and premises.
It shall be unlawful to:
- cause or allow an open flame to be lit or maintained in any room or other area of a building, structure, premises, marine vessel, watercraft or other place in which a hazardous material is stored, handled or used, or where conditions exist that could cause ignition of flammable vapors or combustible material.
- use or maintain in any area in which smoking is prohibited, as set forth in FC310 or elsewhere in this code, a lighted match or other flame which has not been approved for use by the commissioner in such areas.
- place or discard, or cause to be placed or discarded, an open flame, lighted match or other flaming substance or object on any surface or article where it can cause the ignition of combustible material or combustible waste, or otherwise cause an unwanted fire.
- store or use candles, incense or similar open-flame producing items in Group R-1 college and university dormitories.
Open flames may only be lighted, maintained and used in Group A occupancies and public gathering places in accordance with this section.
The preparation of flaming foods or beverages in Group A occupancies and public gathering places shall be in accordance with FC 308.3.1.1 through 308.3.1.5.
Flammable or combustible liquids used in the preparation of flaming foods or beverages shall be dispensed from one of the following:
Containers shall be secured to prevent spillage when not in use.
The serving of flaming foods or beverages shall be done in a safe manner and shall not create flames higher than 6 inches (152.4 mm). The pouring, ladling or spooning of liquids is restricted to a maximum height of 8 inches (203 mm) above the receiving receptacle.
The flaming food or beverage shall be ignited on serving tables. Such tables shall have noncombustible tops or, if the top is combustible, it shall be protected by a noncombustible mat. The mat, when used, shall cover the entire top of the table. Flames shall be extinguished before serving the food or beverage.
Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being served. Flaming foods and beverages shall not be transported or carried while burning.
The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency and, in addition to portable fire extinguishers required by FC906, carbon dioxide type extinguishers with at least a 5-B rating shall be kept within 25 feet (7620 mm) of the area in which flaming foods and beverages are ignited and at the doorway between the kitchen and the dining area.
Open-flame decorative devices, including wall-mounted candles, torch sconces, insect-repellant candles in glass jars or metal cans, tabletop candles and oil lamps, free standing torch holders and candelabras, shall comply with the following requirements:
- Class I and Class II liquids and LPG shall not be used.
- Liquid- or solid-fueled lighting devices containing more than 8 ounces (237 ml) of fuel must self-extinguish and not leak fuel at a rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.
- The device or holder shall be constructed to prevent the spillage of liquid fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) when the device or holder is not in an upright position.
- The device or holder shall be designed so that it will return to the upright position after being tilted to an angle of 45 degrees from vertical.
Exception: Devices that self-extinguish if tipped over and do not spill fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over. - The flame shall be enclosed except where openings on the side are not more than 0.375 inch (9.5 mm) diameter or where openings are on the top and the distance to the top is such that a piece of tissue paper placed on the top will not ignite in 10 seconds.
- Enclosures shall be made of noncombustible materials and securely attached to the open-flame device.
Exception: An enclosure is not required to be attached to any open-flame device that will self-extinguish if the device is tipped over. - Fuel canisters shall be safely sealed for storage.
- Storage and handling of combustible liquids shall be in accordance with FC Chapter 34.
- Shades, where used, shall be made of noncombustible materials and securely attached to the open-flame device holder or enclosure.
- Candelabras with flame-lighted candles shall be securely fastened in place to prevent overturning, and shall be located away from occupants using the area and away from possible contact with drapes, curtains or other combustibles.
- Open-flame decorative devices in Group A occupancies and other buildings, structures and premises used for a public gathering shall additionally comply with the requirements of applicable rules promulgated by the commissioner designed to ensure the safe use of such devices.
Open flames shall be kept at a safe distance from decorations, decorative vegetation or other combustible materials.
Lighted candles shall be prohibited in areas where occupants stand, or in an aisle or exit.
Where use is approved in conjunction with theatrical performances, open flames shall be used in accordance with FC Chapter 33 and NFPA 160.
It shall be unlawful to light, maintain or use an open flame in a Group A occupancy or other building or structure used for a public gathering.
Exceptions:
-
Open flames may be used in the following locations and circumstances, provided that precautions are taken to prevent ignition of combustible material and otherwise ensure the safety of occupants, in accordance with this code, the rules and the permit:
- Where necessary for ceremonial or religious purposes.
- On stages and platforms as a necessary part of a performance in accordance with FC308.3.6.
- Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected in accordance with FC308.3.2(5).
- The preparation of flaming foods or beverages in accordance with FC308.3.1.
- Open-flame devices using LPG for demonstrations in exhibitions or trade shows.
- Open-flame devices for food warming and browning.
- Open-flame decorative devices in accordance with FC308.3.2.
- Nonportable heat-producing equipment installed in compliance with the requirements of FC Chapter 6 and the Mechanical Code.
- Natural gas light fixtures installed in compliance with the requirements of the Building Code and the Plumbing Code, and approved precautions are taken to prevent ignition of combustible materials.
It shall be unlawful to remove paint in or on buildings, structures or premises with a torch or any other flame-producing device. Such paint removal may be performed using heat-producing devices other than open-flame devices. The person using such heat-producing device to remove the paint shall remain at the location where the heating operation was performed to maintain a fire watch for not less than 1 hour after using such device.
Open-flame devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or on any building, structure or premises.
Exception: The proper use of fusees at the scene of an emergency or as required by standard railroad operating procedures.
Exception: The proper use of fusees at the scene of an emergency or as required by standard railroad operating procedures.
Portable open-flame devices fueled by flammable gases or combustible liquids shall be enclosed or used in such a manner as to prevent the flame from contacting or igniting combustible material or combustible waste.
Powered industrial trucks and powered industrial equipment shall be designed, operated and maintained in accordance with this section.
Powered industrial trucks used in areas designated as hazardous (classified) locations in accordance with the Electrical Code shall be listed and labeled for use in such environments in accordance with NFPA 505. Entry by non-classified equipment may be allowed for the purpose of maintenance where the owner has established an entry authorization procedure and has verified that the entry area is clear of hazardous environment and will remain so for the duration of the entry.
Powered industrial trucks that use LPG or other flammable gas as fuel shall be limited to one fuel container with a capacity not greater than 40 pounds (18.16 kg) or 340 SCF (9.63 m3) of flammable gas, whichever is less. Liquefied gas containers installed in a horizontal position shall be of such a design that the pressure relief valve will discharge vapor properly. Such powered industrial trucks shall not be parked near open flames or other heat or ignition sources, or near open pits, underground entrances, elevator shafts, or similar areas. Such powered industrial trucks shall be stored and used in locations with adequate ventilation. It shall be unlawful to store or use such powered industrial trucks in a basement, cellar or other areas below grade.
Battery chargers used to charge batteries in powered industrial trucks and powered industrial equipment shall be of an approved type. Combustible storage shall be kept a minimum of 3 feet (914 mm) from battery chargers. Battery charging shall not be conducted in areas accessible to the public.
Ventilation shall be provided in an approved manner in battery-charging areas to prevent the accumulation of flammable gas.
Powered industrial trucks shall be equipped with one 2-B:C rated portable fire extinguisher. Battery-charging areas shall be provided with a portable fire extinguisher complying with the requirements of FC906 having a minimum 4-A:20-B:C rating within 20 feet (6096 mm) of the battery charger.
Powered industrial trucks using a liquid or gas fuel shall be fueled in compliance with the requirements of FC309.5.1 through 309.5.4.
Outdoor connecting and disconnecting of fuel gas containers shall be conducted away from open pits, underground entrances, or other areas below grade, and away from all open flames or other heat or ignition sources. Fueling of powered industrial trucks shall be in accordance with FC Chapter 38, if LPG-powered, and FC Chapters 22 and 35, if CNG-powered, and the rules.
Fixed liquid fuel-dispensing equipment for powered industrial trucks and for filling of portable containers used to fuel powered industrial equipment shall be designed, installed, operated and maintained in accordance with FC Chapter 22.
Filling of containers for powered industrial trucks with hydrogen, including metal hydride hydrogen storage system containers, shall be conducted in accordance with FC2209.
When not in use, powered industrial trucks that use a liquid and/or a gas fuel shall be stored in approved designated storage areas. Each storage area shall be provided with a portable fire extinguisher complying with the requirements of FC906 having a minimum 4-A:20-B:C rating.
Smoking, including the carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material, shall be conducted in accordance with this section.
It shall be unlawful to:
- smoke in any area in which smoking is prohibited, as set forth in this section or elsewhere in this code.
- place or discard, or cause to be placed or discarded, any lighted pipe, cigar, cigarette or other type of smoking paraphernalia or material where it can cause the ignition of combustible material or combustible waste, or otherwise cause an unwanted fire.
- smoke in any building, structure, premises or part thereof where flammable or combustible materials or explosives are manufactured, stored, handled, used or transported.
- smoke in the following occupancies and spaces:
- Cellars and basements, except in R-3 occupancies.
- Group A occupancies and public gathering places.
- Group M occupancies.
- Hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm, except within designated smoking rooms when in compliance with the requirements of the Title 17 of the Administrative Code, the New York City Health Code and rules promulgated by the commissioner.
- On any bulkhead, dock, drydock, shipyard, pier, wharf, warehouse or shed on the waterfront.
- On board any ship, barge, ferry, lighter, carfloat, scow, and all other similar floating watercraft or equipment whether berthed or moored at a dock, wharf, pier, or to a marine vessel made fast thereto or in a shipyard.
- Factories as set forth in Section 283 of the New York State Labor Law.
- As otherwise prohibited by this code or the rules.
When smoking is prohibited by this code or the rules, durable "No Smoking" signs shall be conspicuously posted at approved locations throughout the facility or other location in accordance with FC310, or as otherwise specifically provided in this code. The content, lettering, size and color of required "No Smoking" signs shall be in accordance with the rules, or as otherwise approved by the commissioner.
"No Smoking" signs shall be conspicuously posted at all entrances to facilities in which smoking has been entirely prohibited and any area therein where hazardous materials are stored, handled or used. Facilities or areas within such facilities in which smoking is allowed in designated areas shall have signs indicating that smoking is allowed in designated areas only.
A posted "No Smoking" sign shall not be removed, obscured or rendered illegible.
Where smoking is allowed, suitable noncombustible ash trays or receptacles shall be provided at appropriate locations.
The commissioner may prohibit lighted matches, cigarettes, cigars or other burning substances in any location upon a determination that such activity creates an undue fire hazard because of conditions in the surrounding environment.
Any vacant building, structure or premises, or part thereof, shall be deemed to constitute a temporarily unoccupied building and shall be safeguarded and maintained in compliance with the requirements of this section, unless such building, structure or premises has been deemed unsafe pursuant to Article 216 of Title 28 of the Administrative Code, in which case it shall be safeguarded and maintained in compliance with the requirements of the Department of Buildings and/or the Department of Housing, Preservation and Development, as applicable.
Temporarily unoccupied buildings, structures, premises or parts thereof, including tenant spaces, shall be secured and protected in accordance with this section.
Exterior openings and interior openings accessible to unauthorized persons, including tenants, shall be locked or otherwise protected to prevent entry by unauthorized persons.
Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condition at all times, except as authorized by the commissioner.
Fire-resistance-rated partitions, fire barriers, and fire walls, including those separating temporarily unoccupied tenant spaces from the remainder of the building shall be maintained. Openings, joints, and penetrations in fire-resistance-rated assemblies shall be protected in accordance with Chapter 7 of the Building Code.
The owner of any building, structure or premises, or part thereof, that is deemed unsafe, and any temporarily unoccupied building, structure or premises, or part thereof, shall remove therefrom and prevent accumulations of rubbish and other combustible waste by regular cleaning of the premises.
Exception: Temporarily unoccupied buildings, structures, premises or parts thereof undergoing construction or repair in accordance with the Building Code, where rubbish and other combustible waste is controlled and removed in accordance with FC304.
Exception: Temporarily unoccupied buildings, structures, premises or parts thereof undergoing construction or repair in accordance with the Building Code, where rubbish and other combustible waste is controlled and removed in accordance with FC304.
The owner of any vacant building, structure or premises, or part thereof, that contains hazardous materials and that is deemed unsafe pursuant to Article 216 of Title 28 of the Administrative Code shall comply forthwith with the facility closure requirements of FC2701.6. The owner of a temporarily unoccupied building, structure or premises, or part thereof, that contains hazardous materials regulated by FC Chapter 27 shall comply with the facility closure requirements of FC2701.6. Vacant and temporarily unoccupied buildings, structures or premises, and all parts thereof, shall thereafter be maintained free of hazardous materials, including hazardous waste material, except as approved by the commissioner.
Unoccupied tenant spaces in covered malls shall be:
- kept free from the storage of any combustible materials.
- kept separate from other tenant spaces and areas of the mall by maintaining any fire separation requirement of the Building Code during the period of time that the space remains unoccupied or under reconstruction.
- periodically inspected on at least a weekly basis to ensure that the space is being maintained in accordance with this section. Doors to spaces shall be secured from entry by keeping all doors locked at all times when the space is unoccupied.
- kept free from rubbish and other combustible waste.
UpCodes Diagrams
Posts used to provide vehicle impact protection shall comply with the following requirements:
- Constructed of steel not less than 4 inches (102 mm) in diameter and concrete filled.
- Spaced not more than 4 feet (1219 mm) between posts on center.
- Set not less than 3 feet (914 mm) deep in a concrete footing of not less than a 15-inch (381-mm) diameter.
- Set with the top of the posts not less than 3 feet (914 mm) above grade.
- Located not less than 3 feet (914 mm) from the protected object.
UpCodes Diagrams
Physical barriers shall be a minimum of 36 inches (914 mm) in height and shall resist a force of 12,000 pounds (53 375 N) applied 36 inches (914 mm) above the adjacent ground surface.
The storage, handling and use of portable fueled equipment shall be governed by this section and the rules.
Portable fueled equipment shall be stored, handled and used in accordance with this section.
It shall be unlawful to:
- Store, handle or use indoors portable fueled equipment, including lawn-care equipment, snow blowers, portable generators and kerosene and other portable space heaters. The owner of a building, structure or premises shall not provide, or cause to be provided, any such equipment, including equipment designed for space heating.
Exceptions:
- Indoor storage of lawn-care equipment, power washers, snow blowers, portable generators and other portable fueled equipment designed for outdoor use in a garage or garage space separated from dwelling spaces or other occupancies in accordance with the Building Code, or in a building classified as a Group U occupancy; or in another approved storage area in a building. This exception shall not apply to portable space heaters.
- The storage, handling and use of portable fueled equipment where authorized by this code, including this section, FC 308 and 314, and FC Chapter 14.
- The storage of portable fueled equipment for sale or distribution in a mercantile or storage occupancy.
- The storage, handling and use of portable fueled equipment in a business, factory or mercantile occupancy engaged in the business of manufacturing or repairing of such equipment, provided that portable space heaters are operated solely in connection with such manufacturing or repair, and are not used for space heating purposes.
- Store, handle or use for space heating, other than storage for sale, any portable fueled equipment that utilizes a flammable liquid as a fuel, or, except as authorized by FC313.5, that utilizes a combustible liquid as a fuel. Any such portable fueled equipment that shows evidence of having been used shall be deemed to be or have been in use.
- Use any portable fueled equipment that utilizes waste oil as a fuel. Any such portable fueled equipment that shows evidence of having been used shall be deemed to be or have been in use.
The commissioner may confiscate or order the removal of portable fueled equipment from indoor or outdoor locations where the storage, handling or use of such equipment is determined by the commissioner to be hazardous.
Portable fueled equipment used for space heating shall additionally be stored, handled and used in accordance with FC 313.5.1 and 313.5.2.
Portable space heaters and other portable fueled equipment used for space heating shall be listed and labeled.
Portable space heaters may be used for space heating as set forth in FC 313.5.2.1 through 313.5.2.6.
Portable space heaters fueled by piped natural gas may be stored, handled and used for outdoor use when designed, installed, operated and maintained in accordance with this code, including FC313.6, the rules and the construction codes, including the Building Code.
Portable space heaters may be stored, handled and used at construction sites in accordance with FC Chapter 14 and the rules.
In the event of failure during severe cold weather of a central heating unit in any building or structure other than a private dwelling, multiple dwelling or Group A occupancy, portable space heaters approved for such indoor use may be used for a period not to exceed 2 weeks when such use has been approved.
In the event of a public emergency which disrupts, interferes with or impairs the operation or use of equipment, supplies or utilities normally utilized for heating, use of portable space heaters for indoor or outdoor use may be authorized by the commissioner upon a declaration of emergency by the mayor.
The handling and use of portable space heaters shall be under the personal supervision of a certificate of fitness holder or a plumber. The storage of portable space heaters, and the fuel therefor, shall be under the general supervision of a certificate of fitness holder or a plumber.
Exception: Group R-3 occupancies.
Exception: Group R-3 occupancies.
Portable space heaters fueled by piped natural gas shall be designed, operated and maintained in accordance with FC 313.6.1 through 313.6.5.
Heaters shall be located outdoors and at least 5 feet (1524 mm) from any building or structure.
Heaters shall not be located beneath, or closer than 5 feet (1524 mm) to combustible decorations and combustible overhangs, awnings, sun control devices or similar combustible attachments to buildings or structures.
Heaters shall not be located within 5 feet (1524 mm) of exits or exit discharges.
Heaters shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tilted more than 15 degrees (0.26 rad) from the vertical.
The heating element or combustion chamber of heaters shall be permanently protected so as to prevent accidental contact by persons or material.
Fixtures and displays of goods for sale to the public shall be arranged so as to maintain free, immediate and unobstructed access to exits as required by FC Chapter 10 and the construction codes, including the Building Code.
It shall be unlawful to display highly combustible goods, including flammable or combustible liquids, liquefied flammable gases, oxidizing materials, pyroxylin plastics and agricultural goods, in main exit access aisles, corridors, common areas of covered malls, or within 5 feet (1524 mm) of entrances to exits and exterior exit doors.
Watercraft and fueled vehicles, including motor vehicles, motorcycles and mopeds, that are displayed indoors shall comply with the following requirements:
- Batteries shall be disconnected.
- Fuel in fuel tanks shall not exceed one-quarter tank or 5 gallons (19 L) (whichever is less).
- Fuel tanks and fill openings shall be closed and secured with a locking gas cap.
- Fueling or defueling shall not be conducted indoors.
- Such additional requirements as the commissioner may promulgate governing the display of such vehicles and watercraft in Group A occupancies, and buildings, structures or premises used for public gatherings.
Sprinklers and fire alarm systems shall not be obstructed by indoor displays.
A sprinkler system shall be installed in or under covered kiosks, displays, booths, or concession stands that exceed 4 feet (1219 mm) in width. The clearance between any sprinkler head deflector installed above the top of the kiosks, displays, booths, or concession stands shall not be less than 18 inches (457 mm).
Exception: Open-grid and drop-out ceilings complying with the requirements of NFPA 13, as modified by FC Appendix B, may be installed beneath sprinklers.
Exception: Open-grid and drop-out ceilings complying with the requirements of NFPA 13, as modified by FC Appendix B, may be installed beneath sprinklers.
Combustible materials shall be stored, handled and used in accordance with this section.
Exception: Storage of materials during construction and demolition operations shall comply with the requirements of FC Chapter 14.
Exception: Storage of materials during construction and demolition operations shall comply with the requirements of FC Chapter 14.
Storage of combustible materials in buildings shall be orderly. Storage area shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur.
Storage shall be maintained 2 feet (610 mm) or more below the ceiling in areas of buildings not protected by a sprinkler system, or a minimum of 18 inches (457 mm) below sprinkler head deflectors in areas protected by a sprinkler system.
Combustible materials shall not be stored in a manner that obstructs egress from any building, structure or premises.
Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms.
Attic, under-floor and concealed spaces used for storage of combustible materials shall be protected on the storage side as required for 1-hour fire-resistance-rated construction. Openings shall be protected by assemblies that are self-closing and are of noncombustible construction or solid wood core not less than 1.75 inches (44.5 mm) in thickness. Storage shall not be placed on exposed joists.
Exceptions:
Exceptions:
- Areas protected throughout by sprinkler systems.
- Group R-3 and Group U occupancies.
- Groups S-1 and S-2 occupancies.
Outdoor storage of combustible materials shall not be located within 10 feet (3048 mm) of a property line or within 50 feet (15 240 mm) of the nearest wall of a building occupied as a Group A occupancy, Group E educational occupancy, Group I-2 occupancy, or any building, structure or premises used for a public gathering.
Combustible materials stored or displayed outdoors at locations adjoining buildings or structures that are protected throughout by a sprinkler system shall not be stored or displayed under eaves, canopies or other projections or overhangs that are not protected by a sprinkler system.
Storage in the open shall not exceed 20 feet (6096 mm) in height.
The separation distances required by FC315.3 may be reduced when approved and when in compliance with the requirements of FC 315.3.3.1 through 315.3.3.3.
The outdoor storage area shall be completely separated from any window or door openings of any wall of an adjoining building by a well-constructed and maintained fence of noncombustible material of an approved height, erected at least 6 feet (1829 mm) from such opening and extending at least 6 feet (1829 mm) on each side thereof and continued to the sides of the enclosure or carried to the walls of the building.
The outdoor storage at any point shall not be piled higher than 2 feet (610 mm) below the top of the fence required by FC315.3.3.1.
At least one portable fire extinguisher with a rating of at least 4-A shall be provided for every 2,500 square feet (232.3 m2) of storage area, or portion thereof, or in lieu thereof, a hose of at least 1 inch (25 mm) in diameter, equipped with a nozzle of at least 1/2 inch (12.7 mm) in diameter, sufficient in length to reach all parts of the enclosure, and connected to an adequate water supply may be provided.
Except where enclosed in not less than 1-hour fire-resistance-rated construction in accordance with the Building Code, spaces underneath grandstand and bleacher seating shall not be occupied or utilized for purposes other than means of egress.
It shall be unlawful to store hazardous materials or combustible materials outdoors within the utility easement underneath high-voltage transmission lines.
The doors and/or gates to hoistways, freight elevator shafts, trap doors and other means used to provide access to vertical openings, shall be kept closed and secured, or otherwise protected, except when being used to provide access, and shall be closed, secured or otherwise protected, as applicable, at the end of each work day.
Vertical shafts shall be identified as required by this section.
Outside openings accessible to the department and which open directly on a hoistway or shaftway communicating between two or more floors in a building shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches (152 mm) high on a white background. Such warning signs shall be placed so as to be readily discernible from the outside of the building.
Door or window openings to a hoistway or shaftway from the interior of the building shall be plainly marked with the word SHAFTWAY in red letters at least 6 inches (152 mm) high on a white background. Such warning signs shall be placed so as to be readily discernible.
Exception: Marking shall not be required on shaftway openings which are readily discernible as openings onto a shaftway by the construction or arrangement.
Exception: Marking shall not be required on shaftway openings which are readily discernible as openings onto a shaftway by the construction or arrangement.
Installations designed to disable, injure, maim or kill intruders are prohibited. No person shall install or use firearms, sharp or pointed objects, razor wire, explosives, flammable or combustible liquid containers, or dispensers containing highly toxic, toxic, irritant, piercing sounds or other hazardous materials in a manner which may passively or actively disable, injure, maim or kill a firefighter or other emergency responder who enters a building or premises, forcibly or otherwise, for the purpose of controlling or extinguishing a fire, rescuing trapped occupants or rendering other emergency assistance.
It shall be unlawful to install, operate or maintain a security device that emits any substance that could obscure a means of egress in any building, structure or premises.
Automotive salvage and wrecking facilities shall be designed, installed, operated and maintained in accordance with this section. The design and installation provisions of this section shall apply to both new and existing facilities.
It shall be unlawful to:
- Dispose of any fuel or flammable or combustible liquid waste by discharging or otherwise disposing of such fuel or liquid waste in any drain or sewer, upon any premises, or in any river, stream or other body of water.
- Light or maintain an open fire for the burning, dismantling, salvaging, scrapping wrecking of motor vehicles or parts thereof.
The de-fueling of motor vehicle fuel tanks and the transfer of fuel from the defueling equipment shall be under the personal supervision of a certificate of fitness holder.
Department permits and other approvals shall be issued to an automotive salvage and wrecking facility only if such facility is licensed and maintained in accordance with requirements of the New York State Department of Motor Vehicles and the New York City Department of Consumer Affairs.
Department permits and other approvals shall be issued to automotive salvage and wrecking facilities only if use of the premises for such facility is authorized by the certificate of occupancy or otherwise constitutes a lawful use of the premises.
Automotive salvage and wrecking facilities shall be designed in accordance with FC 317.4.3.1 through 317.4.3.3.
The facility shall be enclosed on all sides by a solid, opaque fence or wall at least 8 feet (2438 mm) in height in accordance with the Building Code and the Zoning Resolution.
The facility shall be accessible from fire apparatus roads with a minimum unobstructed width of 20 feet (6096 mm). An outdoor area of the facility shall be accessible by fire apparatus roads on all four sides with a distance between such roads of not greater than 50 feet (15 240 mm) by 100 feet (30 480 mm).
The defueling of motor vehicle fuel tanks shall be conducted at an approved location that is protected throughout by a fire extinguishing system.
Automotive salvage and wrecking facilities shall be operated and maintained in accordance with FC 317.5.1 through 317.5.4.
Fire apparatus access roads shall be maintained unobstructed to provide access for department apparatus.
Torch operations shall be conducted in accordance with FC Chapter 26 and in compliance with the following requirements:
- Torch operations shall be conducted at least 35 feet (10 668 mm) from combustible waste, other motor vehicles, stacks of motor vehicles or other combustible material, unless protection in the form of noncombustible shields or covers are provided to restrict the scattering of sparks and molten metal.
- Torch operations shall not be conducted in any location where hazardous gases or vapors may be present. Fuel tanks of motor vehicles shall be emptied of fuel and purged of all flammable vapors before any torch operations are commenced.
- Compressed gas containers, when in use, shall be properly supported and placed a safe distance from torch operations.
- Compressed gas containers, when not in use, and reserve containers, shall be properly supported and stored in a location remote from torch operations. The valves of such containers shall be closed and protected from mechanical damage by the placement of protective caps. Empty containers shall be treated as full.
- Torch operation areas shall be protected by a charged hose line, at least 1 inch (25 mm) in diameter, connected to an approved source of water. In lieu of such hose line, at least four portable fire extinguishers with a minimum 2-A rating each may be provided.
- The torch operator or a person designated as a fire watch shall search the torch operation area immediately after operations to determine that no sparks or molten metal remain in the area. Additionally, a second such search shall be conducted 1/2 hour thereafter. A record of such searches shall be maintained in a log book at the premises and made available for inspection by any representative of the department.
As soon as practicable after arrival, the fuel tank of motor vehicles received at salvage and wrecking facilities shall be defueled through the vehicle's fuel connection, or other approved procedure. Defueling equipment shall be listed for such purpose as a complete assembly and shall have a container capacity not exceeding 65 gallons (246 L). The fuel recovered by the defueler shall be transferred to a storage tank complying with the requirements of FC Chapter 22 or 34, as applicable. Defueling equipment shall not be used to fuel motor vehicles.
Crankcase oil and other flammable or combustible liquid waste shall be removed from motor vehicles and stored outdoors, in tanks complying with the requirements of FC Chapter 34, or, when approved, portable containers.
In automotive salvage and wrecking facilities provided with cranes for the purpose of moving or stacking motor vehicles, procedures shall be developed by the owner such that a crane operator would be made available in a reasonable period of time in the event that crane operation is required during a fire or other emergency.
The occurrence of more than two fires in an automotive salvage and wrecking facility during any 12-month period shall give rise to a rebuttable presumption that the owner has failed to properly maintain the facility in compliance with the requirements of this section, and shall be grounds for revocation of department permits and other approvals, or other appropriate enforcement action.
Rooftop gardens and landscaping, including living walls, shall be designed, installed, operated and maintained in accordance with the construction codes, including the Building Code and this section.
Rooftop gardens and landscaping subject to the rooftop access and obstruction provisions of FC504.4 shall be designed and installed in compliance with the requirements of that section.
Rooftop gardens and landscaping shall be maintained in a healthy condition and shall not be allowed to encroach upon areas required to be kept clear. Vegetation shall be regularly pruned for these purposes and vegetation capable of being ignited shall be regularly cleared and removed from the rooftop and the building.
Portable fueled equipment, including flammable and combustible liquid fuels, used for the maintenance of rooftop garden and landscaping vegetation shall be stored in accordance with FC 313 and 3404.3.4.4.
Rooftop gardens or landscaping exceeding 250 square feet (23 m2) shall be provided with a rooftop garden hose connected to an approved water supply. Where the size of the rooftop garden, extent of landscaping, type of vegetation, and/or premises maintenance history warrant, the department may require installation of an irrigation system or other approved method of hydration to ensure proper maintenance of the vegetation.
Marinas shall be designed, installed, operated and maintained in accordance with the requirements of NFPA 303 and this section.
Marinas shall be kept free of accumulations of combustible waste in accordance with FC304. Rubbish and other combustible waste shall not be allowed to accumulate beneath marina structures, piers or wharves.
Open flames and open-flame devices shall not be used within 3 feet (914 mm) of combustible material. Open flames, open-flame devices and other sources of ignition shall not be stored or used in the areas in which smoking is prohibited pursuant to FC319.3.3. Portable electric lights approved for use in a hazardous location shall be used where flammable vapors may be present, and shall be equipped with safety devices designed to prevent physical damage to the bulbs.
It shall be unlawful to smoke in the following areas of a marina, and any other areas as the commissioner may proscribe by rule:
- Where fuels are stored or dispensed.
- Where flammable or combustible liquids are stored, handled or used.
- Battery storage and battery charging areas.
- Covered or enclosed boat storage areas.
Lumber and other combustible materials shall be stored in accordance with FC Chapter 19, at a location separate from the area in which marine vessel construction or repair, marine vessel or watercraft fueling, or other work involving the handling or use of flammable or combustible liquids or open flames is conducted.
Marinas shall be operated in accordance with NFPA 303 and this section.
Marine vessels and watercraft shall be stored in accordance with Chapter 7 of NFPA 303 and this section.
All combustible waste and cargo shall be removed from vessels and watercraft in storage.
Where practicable, batteries and all fuel shall be removed from the vessel. Where removal of batteries is impracticable, precautions during charging of batteries shall be taken in accordance with FC319.3. Where removal of fuel is impracticable, all tank stop valves shall be closed and the tank inspected to ensure that there are no leaks. Adequate ventilation shall be provided for hull and bilge areas.
Shrink-wrapped plastic or other material used to cover vessels in storage shall be flame-resistant in accordance with FC Chapter 8 and the rules.
Hot work operations and other use of open flames shall comply with the requirements of FC Chapter 26 and this section. All flammable liquid, combustible liquid or flammable gas, except the fuel in stationary storage tanks of vessels, shall be removed from the vessel before any hot work is performed on the vessel. In addition, before hot work is performed batteries and battery terminals shall be protected against accidental shorting or sparking, or the batteries shall be removed. If hot work is to be conducted on a vessel's stationary fuel tank or fuel piping, both the tank and the piping shall first be emptied and purged. All areas of the vessel, including the bilge, shall be ventilated to eliminate any flammable and combustible vapors before any hot work is commenced.
Engine test stands shall be supplied by a fuel storage system complying with the requirements of FC Chapter 34. The fuel tank supplying the engine test stand shall be installed outdoors, and the fuel tank and piping located a safe distance from engine exhaust. The fuel piping shall be of steel construction and provided with an automatic shutoff valve designed to shut off the fuel supply in the event of a fire.
The storage, handling and use of flammable and combustible liquids and flammable gases shall be in accordance with FC Chapters 34, 35 and 38 and this section.
Marine liquid motor fuel-dispensing facilities shall be designed, installed, operated and maintained in accordance with FC Chapter 22.
Use of flammable and combustible liquids for cleaning purposes shall be in accordance with FC3405.3.6.1.
Except when displayed for sale in sealed containers, flammable and combustible liquids shall be stored in liquid storage cabinets, liquid storage rooms or in approved underground storage systems. Such installations shall comply with the requirements of FC Chapters 22 and 34.
Flammable and combustible liquids displayed for sale in sealed containers shall comply with the requirements of FC Chapters 22 and 34, as applicable, except in no case shall the quantities displayed exceed 200 gallons (757 L).
LPG on vessels used for residential purposes shall be stored, handled and used in compliance with the requirements of FC Chapter 38 and the rules. CNG on vessels used for residential purposes shall be stored, handled and used in compliance with the requirements of FC Chapter 35 and the rules.
Marinas shall be equipped with fire protection systems and equipment in accordance with this section.
If the furthest point of any pier or float exceeds 250 feet (76 200 mm) from a fire apparatus-accessible location, the pier or float shall be equipped throughout with a standpipe system in accordance with NFPA 303. Systems shall be provided with hose connections located such that no point on the marina pier or float system exceeds 150 feet (45 720 mm) from a standpipe hose connection. Such system shall have a design capacity of 250 gallons per minute (946 L/min) and shall be provided with one or more fire department connections at an approved location, and when required by the commissioner, to an approved water supply. Standpipe hose connection locations shall be clearly identified by a flag or other approved means designed to be readily visible from the pier accessing the float system.
Fire apparatus-accessible locations as required by FC319.7.1 shall be within 250 feet (76 200 mm) of a fire hydrant or other approved water supply, and shall be situated such that a hose stream from 250 feet (76 200 mm) of hose line stretched from such location will reach all portions of the premises.
One non-freezing type portable fire extinguisher of the ordinary (moderate) hazard type shall be provided at each required standpipe hose connection. Where there is no standpipe connection, one non-freezing type portable fire extinguisher with at least a 2-A rating shall be provided for every 2,500 square feet (232 m2), or part thereof. Additional portable fire extinguishers, suitable for the hazards involved, shall be provided and maintained in accordance with FC906.
A road capable of supporting a department firefighting apparatus, with a width of not less than 20 feet (6096 mm) or a width as required by FC503, where applicable, shall be provided from a public street to one or more fire apparatus-accessible locations on the premises.
Staging areas for fire department access and firefighting operations shall be provided on all floats. An area at least 4 feet wide by 10 feet long (1219 mm by 3048 mm), exclusive of walkways, with a curb or barrier having a minimum height of 4 inches (102 mm) shall be provided and maintained unobstructed at each standpipe hose connection for this purpose. Each staging area shall be identified by a durable sign reading "FIRE DEPARTMENT STAGING AREA—KEEP CLEAR."
Emergency communications and emergency preparedness shall be in accordance with FC 319.8.1 and 319.8.2.
The marina shall be provided with a public address system or other approved means of notifying occupants of a fire on the premises. A telephone not requiring a coin to operate or another approved, clearly identified means to notify the department, shall be provided on the premises in an approved location.
Marina owners shall designate and train a fire brigade in fire emergency procedures, including the sounding of an alarm, notification to the department, and operation of fire protection systems and portable fire extinguishers. A chart designating the members of the fire brigade and indicating each person's responsibilities shall be posted on the premises in a conspicuous approved location.
Laundry carts with an individual capacity of 200 gallons (1 cubic yard or 0.76 m3) or more used for laundry purposes shall be constructed of noncombustible materials or of materials having a peak rate of heat release not exceeding 300 kW/m2 at an incident heat flux of 50 kW/m2 when tested in a horizontal orientation in accordance with ASTM E 1354, and shall be listed and labeled as such.
This section shall govern the design, installation, operation and maintenance of underground, open cut, surface and elevated fixed guideway transit and passenger rail systems.
The design and installation of fire safety and life safety systems for fixed guideway transit and passenger rail systems, including emergency ventilation systems, emergency voice communication systems, fire protection systems and means of egress, shall be in accordance with NFPA 130 and all Annexes thereto, as modified by FC Appendix B; the Electrical Code; the provisions of the construction codes applicable to fire safety and life safety systems; and this section.
Approved fire scenarios used for designing fixed guideway transit and passenger rail systems shall be in accordance with Sections 4.6 and A 4.6 of NFPA 130, as modified by FC Appendix B, and the following:
- The worst case scenario, as set forth in NFPA 130, as modified by FC Appendix B, shall be used for both the station and trainway designs.
- Computational fluid dynamics analysis for the fire simulation shall be performed for an approved period of time, both with and without mitigating systems, including but not limited to ventilation and sprinkler protection.
- The tenable condition parameters reported in the computational fluid dynamics analysis, including but not limited to heat, visibility and carbon monoxide, shall be precisely reported in the analysis.
The operation and maintenance of fixed guideway transit and passenger rail systems shall be in accordance with NFPA 130 and all Annexes thereto, as modified by FC Appendix B.
Construction operations of fixed guideway transit and passenger rail systems, including stations and tunnels, shall be conducted in accordance with Chapter 33 of the Building Code; this code, including FC Chapter 14; and NFPA 130, as modified by FC Appendix B. Approved fire extinguishing systems shall be provided for construction shanties and construction storage facilities and areas.
This section shall govern the design, installation, operation and maintenance of road tunnels, bridges and other limited access highways used or designed to be used by motor vehicles.
The design and installation of fire safety and life safety systems for road tunnels, bridges and other limited access highways, including emergency ventilation systems, emergency voice communication systems, fire protection systems and means of egress, shall be in accordance with NFPA 502, as modified by FC Appendix B; the Electrical Code; the provisions of the construction codes applicable to fire safety and life safety systems; and this section.
Approved fire scenarios used for designing road tunnels shall be in accordance with NFPA 502, as modified by FC Appendix B, and the following:
- The worst case scenario, as set forth in NFPA 502, as modified by FC Appendix B, shall be used for designs.
- Computational fluid dynamics analysis for the fire simulation shall be performed for an approved period of time, both with and without mitigating systems, including but not limited to ventilation and sprinkler protection.
- The tenable condition parameters reported in the computational fluid dynamics analysis, including but not limited to heat, visibility and carbon monoxide, shall be precisely reported in the analysis.
The operation and maintenance of road tunnels, bridges and other limited access highways used or designed to be used by motor vehicles shall be in accordance with NFPA 502, as modified by FC Appendix B.
Construction operations of road tunnels, bridges and other limited access highways shall be conducted in accordance with Chapter 33 of the Building Code; this code, including FC Chapter 14; and NFPA 502, as modified by FC Appendix B. Approved fire extinguishing systems shall be provided for construction shanties and construction storage facilities and areas.
This section shall govern the design, installation, operation and maintenance of fire protection systems and other fire safety measures at wastewater treatment and collection facilities.
Fire protection systems and other fire safety measures at wastewater treatment facilities shall be designed, installed, operated and maintained in accordance with NFPA 820.
This section shall govern the design, installation, operation and maintenance of fire protection systems and other fire safety measures at electric generating plants.
Fire protection systems and other fire safety measures at electric generating plants shall be designed, installed, operated and maintained in accordance with NFPA 850, except for microturbine installations, which shall be designed, installed, operated and maintained in accordance with FC3510.