Heads up: There are no amended sections in this chapter.
These regulations shall be known as the Fire Code of New York State and shall be cited as such and will be referred to herein as "this code."
This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding:
- The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;
- Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;
- Fire hazards in the structure or on the premises from occupancy or operation;
- Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems.
Provisions in the appendices shall not apply unless specifically adopted.
The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to fire fighters and emergency responders during emergency operations.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
The construction and design provisions of this code shall apply to:
- Structures, facilities and conditions arising after the adoption of this code.
- Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
- Existing structures, facilities and conditions when identified in specific sections of this code.
Exception: Agricultural buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes.
The administrative, operational and maintenance provisions of this code shall apply to:
- Conditions and operations arising after the adoption of this code.
- Existing conditions and operations.
This code is part of the State Uniform Fire Prevention and Building Code (the Uniform Code) promulgated pursuant to Article 18 of the Executive Law. The provisions of the Uniform Code shall not be deemed to nullify any federal, state or local law, ordinance, administrative code, rule or regulation relating to any matter as to which the Uniform Code does not provide. However:
- Pursuant to Section 383(1) of the Executive Law, and except as otherwise provided in paragraphs a, b and c of Section 383 of the Executive Law, the provisions of the Uniform Code supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict with the Uniform Code;
- Pursuant to Section 379(3) of the Executive Law, no city, town, village, county or other municipality shall have the power to supersede, void, repeal, or make less restrictive any provision of the Uniform Code; and
- The ability of any city, town, or village, or the County of Nassau, to enact or adopt, and to enforce, a local law or ordinance imposing higher or more restrictive standards for construction within the jurisdiction of such city, town, village, or county than are applicable generally to such city, town, village, or county in the Uniform Code is subject to the provisions and requirements of Section 379 of the Executive Law.
Nothing in this Section 102.2 shall be construed (1) as affecting the authority of the State Labor Department to enforce a safety or health standard issued under provisions of Sections 27 and 27-a of the Labor Law; (2) to relieve a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended; (3) as superseding, limiting, impairing or otherwise affecting any provision in Parts 1219 to 1228 of Title 19 of the New York Codes, Rules and Regulations, as now in effect and as hereafter amended from time to time.
No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of the Existing Building Code of New York State.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The following appendices have been adopted and are made part of this code:
Appendix D-Fire Apparatus Access Roads
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.
In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
Where, in any specific case, different sections of this code specify different materials, method of construction or other requirements, the most restrictive shall be applicable.
Materials, equipment and devices approved by the code enforcement official for use shall be constructed and installed in accordance with such approval. Materials, equipment and devices tested by an approved testing laboratory shall be permitted to be constructed and installed in accordance with such approval.
Material, equipment and devices shall not be reused unless they meet the requirements of this code for new materials.
This code is not intended to prevent the use of any material not specifically prescribed by this code or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative material, design or method of construction has been approved by the code enforcement official or the State Fire Prevention and Building Code Council. An alternative material, design or method of construction may be approved only when the code enforcement official or the State Fire Prevention and Building Code Council shall have determined, in writing, that such alternative material, design or method of construction (1) complies with the intent of the provisions of this code and (2) is at least equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Nothing in this Section 103.3 shall be construed as permitting any code enforcement official, or any town, village, city, county, or state agency charged with the administration and enforcement of the Uniform Code, to waive, vary, modify or otherwise alter any provision or requirement of this code or any other provision or requirement of the Uniform Code. Provisions or requirements of the Uniform Code may be varied or modified only pursuant to procedures established by the Secretary of State pursuant to Section 381(1)(f) of the Executive Law.
Repairs, maintenance work, alterations or installations, which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with this code and the manufacturer's installation instructions.
Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code, the Property Maintenance Code of New York State and applicable referenced standards.
Whenever or wherever any nonrequired device, equipment, system, condition, arrangement, level of protection, or any other feature is provided, such device, equipment, system, condition, arrangement, level of protection, or other feature shall, thereafter, be continuously maintained in accordance with this code and applicable referenced standards or shall be removed in its entirety.
Exception: Nonrequired devices, equipment and systems are permitted to be removed or disabled as provided herein.
- Nonrequired devices, equipment and systems are permitted to be removed in entirety;
- Nonrequired devices, equipment and systems are permitted to be disabled, provided that all visible elements are removed;
- Electrically charged devices, equipment and systems are permitted to be disabled, provided they are disconnected from power sources and all visible elements are labeled as not being energized; and
- Nonrequired fire protection systems are permitted to be disabled, provided that sprinkler heads, exposed valves, fire department connections, initiating and notification devices and similar equipment are removed, and any remaining visible components are labeled as not being in service.
Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in this code.
Required test and inspection records shall be available at all times.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code.
When a structure or equipment is found to be unsafe, or when a structure is found to be unfit for human occupancy or is found unlawful, such structure shall be condemned pursuant to the provisions of this code or the Building Code of New York State.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or to the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire; or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, or structurally unsafe; or is of such faulty construction or unstable foundation that partial or complete collapse is possible.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that the equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
A structure is unfit for human occupancy whenever the structure is unsafe, unlawful, or because of the degree to which the structure is in disrepair or lacks maintenance or the location of the structure constitutes a hazard to the occupants of the structure or to the public.
An unlawful structure is one found in whole or in part to be occupied by more persons than are permitted under this code, or was erected, altered or occupied contrary to law.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, a placard of condemnation shall be posted on the premises, and the structure shall be closed up so as not to be an unattractive nuisance.
No person shall occupy a placarded structure.
The placard shall be removed whenever the defect or defects on which the condemnation and placarding action were based have been eliminated.
Whenever a structure or equipment has been condemned under the provisions of this section, a notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall also be placed on the condemned equipment.
When there is imminent danger of failure or collapse of a building or structure which endangers life; or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure; or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials; or operation of defective or dangerous equipment, the occupants shall vacate the premises forthwith. There shall be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Enforcement Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the structure.
Administration and enforcement of the New York State Uniform Fire Prevention and Building Code shall be in accordance with local law, subject to the minimum requirements set forth in the "Official Compilation of Codes Rules and Regulations of the State of New York," 19 NYCRR Part 1203, "Minimum Standards for Administration and Enforcement." State agencies shall comply with the minimum requirements set forth in 19 NYCRR Part 1204, "Administration and Enforcement by State Agencies."
No town, village, city or county, nor any state agency charged with the administration and enforcement of this code may waive, modify or otherwise alter any provision of this code unless approved by the State Fire Prevention and Building Code Council in accordance with Section 379 of Article 18 of the Executive Law.
Variance or appeal of any provision of this code shall be in accordance with the provisions of the "Official Compilation of Codes Rules and Regulations of the State of New York," 19 NYCRR Part 1205, "Variance Procedures."