Heads up:
There are no amended sections in this chapter.
The provisions of this chapter shall control the classification of all buildings and structures, and spaces therein, as to use and occupancy.
Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed below. A room or space that is intended to be occupied at different times for different purposes shall comply with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Structures with multiple occupancies or uses shall comply with Section 508. Where a structure, or portion thereof, is proposed for a purpose that is not specifically provided for in this code, such structure, or portion thereof, shall be classified in the group that the occupancy most nearly resembles, according to the fire safety and relative hazard involved, and as approved by the commissioner.
- Assembly (see Section 303): Groups A-1, A-2, A-3, A-4 and A-5.
- Business (see Section 304): Group B.
- Educational (see Section 305): Group E.
- Factory and Industrial (see Section 306): Groups F-1 and F-2.
- High Hazard (see Section 307): Groups H-1, H-2, H-3, H-4 and H-5.
- Institutional (see Section 308): Groups I-1, I-2, I-3 and I-4.
- Mercantile (see Section 309): Group M.
- Residential (see Section 310): Groups R-1, R-2 and R-3.
- Storage (see Section 311): Groups S-1 and S-2.
- Utility and Miscellaneous (see Section 312): Group U.
Assembly Group A occupancy includes, among others, the use of a building or structure or a portion thereof, excluding a dwelling unit, for the gathering of any number of persons for purposes such as civic, social or religious functions, recreation, food or drink consumption, awaiting transportation, or similar group activities; or when occupied by 75 persons or more for educational or instructional purposes.
The following term is defined in Chapter 2:
A building or nonaccessory tenant
space used for assembly purposes with an occupant load of fewer than 75 persons shall be
classified as a Group B occupancy, except that the number of plumbing fixtures for such a
building or space is permitted to be calculated in accordance with the requirements for assembly
occupancies.
A room or space used for assembly purposes with an
occupant load of fewer than 75 persons and accessory to another occupancy shall be classified
as a Group B occupancy or as part of that occupancy, except that the number of plumbing fixtures
for such a room or space is permitted to be calculated in accordance with the requirements for
assembly occupancies.
Group A-1 occupancy includes assembly uses, usually with fixed seating, intended for the production and viewing of the performing arts or motion pictures including, but not limited to:
- Motion picture theaters
- Symphony and concert halls
- Television and radio studios admitting an audience
- Theaters
Group A-2 occupancy includes assembly uses intended for food and/or drink consumption including, but not limited to:
- Banquet halls
- Cabarets
- Casinos (gaming areas)
- Nightclubs, including dance halls
- Restaurants, cafeterias (except as provided for in A-3), and similar dining facilities
- Taverns and bars
Group A-3 occupancy includes assembly uses intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A including, but not limited to:
- Amusement arcades
- Art galleries
- Bowling alleys
- Cafeterias for children up to and including the 12th grade
- Classrooms and instructional rooms with 75 persons or more; such rooms with fewer than 75 persons shall be classified as Group B or E
- Community halls
- Courtrooms
- Custodial care facilities with 75 or more persons, providing care to persons over the age of 2, where no more than four occupants are incapable of responding to an emergency situation without physical assistance from staff
- Dance studio or instruction (not including food or drink consumption)
- Exhibition halls
- Funeral parlors
- Gymnasiums (without spectator seating)
- Indoor swimming pools (without spectator seating)
- Indoor tennis courts (without spectator seating)
- Lecture halls
- Museums
- Places of religious worship (Houses of worship)
- Pool and billiard parlors
- School auditoriums
- Waiting areas in transportation terminals
Group A-4 occupancy includes assembly uses intended for
viewing of indoor sporting events and activities with spectator seating including, but not limited to:
- Arenas
- Skating rinks
- Swimming pools
- Tennis courts
Group A-5 occupancy includes assembly uses intended for
participation in or viewing outdoor activities including, but not limited to:
- Amusement park structures
- Bleachers
- Grandstands
- Stadiums
A Certificate of Operation shall be required, as per Section 28-117.1, for the following assembly occupancies:
- Indoor assembly occupancies used or intended for use by 75 persons or more, including open spaces at 20 feet (6096 mm) or more above or below grade plane, such as roofs or roof terraces.
- Outdoor assembly occupancies used and intended for use by 200 persons or more.
Business Group B occupancy includes, among others, the use of a building or structure, or a portion thereof, for office, professional, service-type transactions, or for conducting public or civic services, including the incidental storage of records and accounts and the incidental storage of limited quantities of stocks of goods for office use or purposes. Business Group B occupancies shall include, but not be limited to, the following:
- Airport traffic control towers
- Ambulatory care facilities
- *Animal hospitals, kennels and pounds, veterinary clinics and pet shops
- Banks
- Barber and beauty shops
- Civic administration offices
- Clinic—outpatient, including group medical centers, and neighborhood family care centers
- Custodial care facilities with fewer than 75 persons, providing care to persons over the age of 2, where no more than four occupants are incapable of responding to an emergency situation without physical assistance from staff
- Dry cleaning and laundries; pick-up and delivery stations and self-service
- Educational occupancies for students above the 12th grade, where not classified in Group A. Such occupancy may be used occasionally for educational purposes offered to children through the 12th grade
- Electronic data processing
- Laboratories; nonproduction testing and research, as per Section 427
- Libraries when not classified in Group E
- Motor vehicle showrooms
- Offices
- Post offices
- Photocopying and printing shops using electronic printing equipment
- Professional services (architects, attorneys, dentists, physicians, engineers, etc.)
- Radio and television stations not admitting an audience
- Telephone exchanges
- Training and skill development not in a school or academic program (this shall include, but not be limited to, tutoring centers, martial arts studios, gymnastics and similar uses regardless of the ages served, and where not classified as a Group A occupancy)
*Section 304.1 was amended by Local Law 78 of 2015. This law has an effective date of December 31, 2015.
The following terms are defined in Chapter 2:
Educational Group E occupancy includes, among others, the use of a building or structure, or a portion thereof, by five or more persons at any one time for educational purposes offered to children through the 12th grade and where no more than two children are under the age of 2, including but not limited to the following:
Academies
Day care facilities where no more than two children are under the age of 2
Libraries accessory to Group E occupancies
Schools
Day care facilities where no more than two children are under the age of 2
Libraries accessory to Group E occupancies
Schools
Exceptions:
- Classrooms and instructional rooms with 75 or more persons shall be classified as Group A-3.
- Day care services provided within a dwelling unit as described in Section 310.
- Custodial care facilities with up to 30 children under the age of 2 are permitted to be classified as Group E when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior.
Factory Industrial Group F occupancy includes, among others, the use of a building or structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair, cleaning, laundering or processing operations that are not classified as a Group H hazardous occupancy. Factory Industrial Group F occupancy also includes certain mechanical and/or electrical equipment rooms in accordance with Section 306.3.
Factory industrial uses that are not classified as Factory Industrial F-2 Low Hazard shall be classified as F-1 Moderate Hazard and shall include, but not be limited to, the following:
- Aircraft (manufacturing, not to include repair)
- Aircraft repairs
- Automobiles and other motor vehicles, manufacturing
- Automobiles and other motor vehicles, repairs
- Bakeries
- Beverages; over 16-percent alcohol content
- Boats
- Boat repairs
- Brooms or brushes
- Canvas or similar fabric
- Carpets and rugs
- Carpets and rugs, cleaning, using or storing solvents having a flash point between 100°F (38°C) and 138.2°F (59°C) (Tag closed cup)
- Clothing
- Disinfectants
- Dry cleaning and dyeing using or storing solvents having a flash point between 100°F (38°C) and 138.2°F (59°C) (Tag closed cup)
- Electric generation plants
- Electrical substations
- Engines (including rebuilding)
- Food processing, except meat slaughtering or preparation of fish for packing
- Food processing establishments and commercial kitchens not adjoining a restaurant, cafeteria or similar dining facilities
- Furniture
- Hemp products
- Jute products
- Laboratories; for production (moderate-hazard), that may involve the synthesis or storage of materials that constitute a physical or health hazard in quantities below those found in Tables 307.1(1) and 307.1(2)
- Leather products
- Metals; finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing, heat treatment or similar processes
- Millwork (sash and door)
- Motion pictures filming (without spectators)
- Musical instruments
- Optical goods
- Paper mills or products
- Photographic film
- Plastic products
- Printing or publishing
- Recreational vehicles
- Refuse incineration
- Shoes
- Soaps and detergents
- Textiles
- Tobacco
- Trailers
- Upholstering
- Wood; distillation
- Woodworking (cabinet) using no more than 2 quarts (1.9 L) per day or storing no more than 20 gallons (75.7 L) of paint, varnish, lacquer or shellac
Factory industrial uses that involve the cleaning, laundering, fabrication or manufacturing of noncombustible materials that during finishing, packing or processing do not involve a significant fire hazard shall be classified as F-2 occupancies and shall include, but not be limited to, the following:
- Appliances
- Athletic equipment
- Automobile laundries
- Automobile wrecking establishments
- Beverages; up to and including 16-percent alcohol content; bottling works
- Beverages; nonalcoholic
- Bicycles
- Brick and masonry
- Business machines
- Cameras and photo equipment
- Carpets and rugs, cleaning, using or storing solvents having a flash point above 138.2°F (59°C) (Tag closed cup)
- Ceramic products
- Commercial kitchens adjoining restaurants, cafeterias (including those classified in Group A-3), or similar dining facilities
- Construction and agricultural machinery
- Dry cleaning and dyeing using or storing solvents having a flash point above 138.2°F (59°C) (Tag closed cup)
- Electronics
- Food processing; meat slaughtering or preparation of fish for packing
- Foundries
- Glass products
- Gypsum
- Ice
- Laboratories; for production (low-hazard), that may involve the synthesis or storage of materials that constitute a physical or health hazard in quantities below those found in Tables 307.1(1) and 307.1(2)
- Laundries
- Machinery
- Mechanical and/or electrical equipment rooms that are neither identified as incidental uses in Table 509 nor classified as the occupancy within which they are located per Section 508.1
- Metal products (fabrication and assembly), not including flammable metals and alloys listed in Section 307
- Plastic products; nonflammable
- Printing; incidental to primary use, area not exceeding 2,000 square feet (185.8 m2)
- Television filming (without spectators)
Locations of spaces classified in Factory Group F may be restricted within a building containing a Group R occupancy pursuant to Section 510.8.
High-hazard Group H occupancy includes, among others, the use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas complying with Section 414, based on the maximum allowable quantity limits for control areas set forth in Tables 307.1(1) and 307.1(2). Hazardous occupancies are classified in Groups H-1, H-2, H-3, H-4 and H-5 and shall be in accordance with this section, the requirements of Section 415 and the New York City Fire Code.
For SI: 1 cubic foot = 0.028 m3, 1 pound = 0.454 kg, 1 gallon = 3.785 L.
For SI: 1 cubic foot = 0.028 m3, 1 pound = 0.454 kg, 1 gallon = 3.785 L.
MATERIAL | CLASS | GROUP WHEN THE MAXIMUM ALLOWABLE QUANTITY IS EXCEEDEDq |
STORAGEb | USE-CLOSED SYSTEMSb | USE-OPEN SYSTEMSb | |||||
Solid pounds (cubic feet) |
Liquid gallons (pounds) |
Gas SCF |
Solid pounds (cubic feet) |
Liquid gallons (pounds) |
Gas SCF |
Solid pounds (cubic feet) |
Liquid gallons (pounds) |
|||
Combustible liquidc, i, r |
II | H-2 or H-3 | Not Applicable |
120d, e | Not Applicable |
Not Applicable |
120d | Not Applicable |
Not Applicable |
30d |
IIIA | H-2 or H-3 | 330d, e | 330d | 80d | ||||||
IIIB | Not Applicable |
13,200e, f | 13,200f | 3,300f | ||||||
Combustible fiber |
Loose | H-3 | (100) | Not Applicable |
Not Applicable |
(100) | Not Applicable |
Not Applicable |
(20) | Not Applicable |
Baleds | (1,000) | (1,000) | (200) | |||||||
Cryogenics flammable |
Not Applicable |
H-2 | Not Applicable |
45d | Not Applicable |
Not Applicable |
45d | Not Applicable |
Not Applicable |
10d |
Cryogenics oxidizing |
Not Applicable |
H-3 | Not Applicable |
45d | Not Applicable |
Not Applicable |
45d | Not Applicable |
Not Applicable |
10d |
Explosives | Division 1.1 | H-1 | 1e, g | (1)e, g | Not Applicable |
0.25g | (0.25)g | Not Applicable |
0.25g | (0.25)g |
Division 1.2 | H-1 | 1e, g | (1)e, g | 0.25g | (0.25)g | 0.25g | (0.25)g | |||
Division 1.3 | H-1 or H-2 | 5e, g | (5)e, g | 1g | (1)g | 1g | (1)g | |||
Division 1.4 | H-3 | 50e, g | (50)e, g | 50g | (50)g | Not Applicable |
Not Applicable |
|||
Division 1.4G | H-3 | 125d, e, l | Not Applicable | Not Applicable | Not Applicable |
Not Applicable |
Not Applicable |
|||
Division 1.5 | H-1 | 1e, g | (1)e, g | 0.25g | (0.25)g | 0.25g | (0.25g) | |||
Division 1.6 | H-1 | 1d, e, g | Not Applicable | Not Applicable | Not Applicable |
Not Applicable |
Not Applicable |
|||
Flammable gas | Gaseous | H-2 | Not Applicable |
Not Applicable |
1,000d, e | Not Applicable |
Not Applicable |
1,000d, e | Not Applicable |
Not Applicable |
Liquefied | (150)d, e | Not Applicable |
(150)d, e | Not Applicable |
||||||
Flammable liquidsc, k |
IAo | H-2 or H-3 |
Not Applicable |
30d, e | Not Applicable |
Not Applicable |
30d | Not Applicable |
Not Applicable |
10d |
IB and IC | 120d, e | 120d | 30d | |||||||
Combination Flammable liquid (IAo, IB, IC) |
Not Applicable |
H-2 or H-3 |
Not Applicable |
120d, e, h | Not Applicable |
Not Applicable |
120d, h | Not Applicable |
Not Applicable |
30d, h |
Flammable solids5 |
Not Applicable |
H-3 | Not Applicable |
Not Applicable |
Not Applicable |
Not Applicable |
Not Applicable |
|||
Pigs, ingots, billets, heavy castings |
1,000d, e | 1,000d | 1,000d | |||||||
Light castings, light metallic products |
125d, e | 125d | 25d | |||||||
Scraps, shavings, powders, dusts |
1d, e | 1d | 1d | |||||||
All others | 125d, e | 125d | 25d | |||||||
Inert gas | Gaseous | Not Applicable |
Not Applicable |
Not Applicable |
Not Limited |
Not Applicable |
Not Applicable |
Not Limited |
Not Applicable |
Not Applicable |
Liquefied | ||||||||||
Cryogenic inert | Not Applicable |
Not Applicable |
Not Applicable |
Not Applicable |
Not Limited |
Not Applicable |
Not Applicable |
Not Limited |
Not Applicable |
Not Applicable |
Organic peroxidep | Unclassified Detonable |
H-1 | 1e, g | (1)e, g | Not Applicable |
0.25g | (0.25)g | Not Applicable |
0.25g | (0.25)g |
I | H-2 | 5d, e | (5)d, e | 1d | (1)d | 1d | (1)d | |||
II | H-3 | 50d, e | (50)d, e | 50d | (50)d | 10d | (10)d | |||
III | H-3 | 125d, e | (125)d, e | 125d | (125)d | 25d | (25)d | |||
IV | Not Applicable |
Not Limited |
Not Limited |
Not Limited |
No Limited |
Not Limited |
Not Limited |
|||
V | Not Applicable |
Not Limited |
Not Limited |
Not Limited |
Not Limited |
Not Limited |
Not Limited |
|||
Oxidizer | 4 | H-1 | 1g | (1)e, g | Not Applicable |
0.25g | (0.25)g | Not Applicable |
0.25g | (0.25)g |
3k | H-2 | 10d, e | (10)d, e | 2d | (2)d | 2d | (2)d | |||
2 | H-3 | 250d, e | (250)d, e | 250d | (250)d | 50d | (50)d | |||
1 | H-3 | 4,000e,f | (4,000)e,f | 4,000f | (4,000)f | 1,000f | (1,000)f | |||
Oxidizing gas | Gaseous | H-3 | Not Applicable |
Not Applicable |
1,500d, e | Not Applicable |
Not Applicable |
1,500d, e | Not Applicable |
Not Applicable |
Liquefied | (150)d, e | Not Applicable |
(150)d, e | Not Applicable |
||||||
Pyrophoric materialp detonable |
Not Applicable |
H-1 | 1e, g | (1)e, g | 10e, g | 0.25g | (0.25)g | 2e, g | 0 | 0 |
Pyrophoric material nondetonable |
Not Applicable |
H-2 | 4e, g | (4)e, g | 50e, g | 1g | (1)g | 10e, g | 0 | 0 |
Unstable (reactive)p detonable |
4 | H-1 | 1e, g | (1)e, g | 10e, g | 0.25g | (0.25)g | 2e, g | 0.25g | (0.25)g |
3 | H-1 | 1e, g | (1)e, g | 10e, g | 0.25g | (0.25)g | 2e, g | 0.25g | (0.25)g | |
Unstable (reactive) nondetonable |
4 | H-1 | 1e, g | (1)e, g | 10e, g | 0.25g | (0.25)g | 2e, g | 0.25g | (0.25)g |
3 | H-1 or H-2 | 5d, e | (5)d, e | 50d, e | 1d | (1)d | 10d, e | 1d | (1)d | |
2 | H-3 | 50d, e | (50)d, e | 250d, e | 50d | (50)d | 250d, e | 10d | (10)d | |
1 | Not Applicable | Not Limited |
Not Limited | 750d, e | Not Limited |
Not Limited |
Not Limited |
Not Limited |
Not Limited |
|
Water-reactive detonablep |
3 | H-1 | 1e, g | (1)e, g | Not Applicable |
0.25g | (0.25)g | Not Applicable |
0.25g | (0.25)g |
2 | H-1 | 1e, g | (1)e, g | 0.25g | (0.25)g | 0.25g | (0.25)g | |||
Water-reactive nondetonable |
3 | H-2 | 5d, e | (5)d, e | Not Applicable |
5d | (5)d | Not Applicable |
1d | (1)d |
2 | H-3 | 50d, e | (50)d, e | 50d | (50)d | 10d | (10)d | |||
1 | Not Applicable | Not Limited |
Not Limited |
Not Limited |
Not Limited |
Not Limited |
Not Limited |
For SI: 1 cubic foot = 0.028 m3, 1 pound = 0.454 kg, 1 gallon = 3.785 L.
- For use of control areas, see the New York City Fire Code and Section 414.2 of this code..
- The aggregate quantity in storage, handling and use shall not exceed the quantity listed for storage.
- The quantities of alcoholic beverages in retail and wholesale sales occupancies shall not be limited providing the liquids are packaged in individual containers not exceeding 1.3 gallons. In retail and wholesale sales occupancies, the quantities of medicines, foodstuffs, consumer or industrial products, and cosmetics containing not more than 50 percent by volume of water-miscible liquids with the remainder of the solutions not being flammable shall not be limited, provided that such materials are packaged in individual containers not exceeding 1.3 gallons.
- Maximum allowable quantities, except for liquefied petroleum gas and flammable liquid motor fuel, shall be increased 100 percent in buildings protected throughout by a sprinkler system. Where Note e also applies, the increase for both notes shall be applied accumulatively.
- Maximum allowable quantities, except for liquefied petroleum gas and flammable liquid motor fuel, shall be increased 100 percent when stored in approved storage cabinets, gas cabinets, exhausted enclosures or listed safety cans. Listed safety cans shall be in accordance with the New York City Fire Code. Where Note d also applies, the increase for both notes shall be applied accumulatively.
- Quantities shall not be limited in a building protected throughout by a sprinkler system.
- Allowed only in buildings protected throughout by a sprinkler system.
- Containing not more than the maximum allowable quantity per control area of Class IA, Class IB or Class IC flammable liquids.
- The maximum allowable quantity shall not apply to fuel oil storage that complies with the requirements of Section 1305 of the New York City Mechanical Code.
- Quantities shown in the table in parentheses have the units shown in parentheses at the head of the column.
- A maximum quantity of 200 pounds of solid or 20 gallons of liquid Class 3 oxidizers is allowed when such materials are necessary for maintenance and operation of equipment when the storage containers and the manner of storage are approved.
- Reserved.
- For gallons of liquids, divide the amount in pounds by 10 in accordance with the New York City Fire Code.
- For storage and display quantities in Group M and storage quantities in Group S occupancies complying with the New York City Fire Code.
- For purposes of this table, gasoline and other flammable liquid motor fuels are classified as a Class IA flammable liquid.
- Unclassified detonable organic peroxides, detonable pyrophoric materials, detonable unstable (reactive) materials and detonable water-reactive materials shall be treated as explosives for purposes of storage, handling and use in accordance with the New York City Fire Code.
- The maximum allowable quantities shall be limited by the New York City Fire Code for non-production laboratories classified as Occupancy Group B.
- For storage of flammable and combustible liquids in Group M occupancy, see the New York City Fire Code.
- Densely-packed baled cotton that complies with the packing requirements of ISO 8115 shall not be included in this material class.
MATERIAL | STORAGEd | USE-CLOSED SYSTEMSd | USE-OPEN SYSTEMSd | |||||
Solid pounds |
Liquid gallons (pounds)e |
Gas SCFe (pounds) | Solid poundse |
Liquid gallons (pounds)e |
Gas SCFe (pounds) |
Solid poundse |
Liquid gallons (pounds)e |
|
Corrosive | 5,000 | 500 | Gaseous 810f Liquefied (150)h |
5,000 | 500 | Gaseous 810f Liquefied (150)h |
1,000 | 100 |
Highly toxic |
10 | (10)h | Gaseous 20g Liquefied (4)g, h |
10 | (10)h | Gaseous 20g Liquefied (4)g, h |
3 | (3) h |
Toxic | 500 | (500)h | Gaseous 810f Liquefied (150)f, h |
500 | (500) h | Gaseous 810f Liquefied (150)f, h |
125 | (125) h |
For SI: 1 cubic foot = 0.028 m3, 1 pound = 0.454 kg, 1 gallon = 3.785 L.
- For use of control areas, see the New York City Fire Code and Section 414.2 of this code.
- In retail and wholesale sales occupancies, the quantities of medicines, foodstuffs, consumer or industrial products, and cosmetics, containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solutions not being flammable, shall not be limited, provided that such materials are pack-aged in individual containers not exceeding 1.3 gallons.
- For storage and display quantities in Group M and storage quantities in Group S occupancies complying with the New York City Fire Code.
- The aggregate quantity in storage, handling and use shall not exceed the quantity listed for storage.
- Maximum allowable quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1. Where Note f also applies, the increase for both notes shall be applied accumulatively.
- Maximum allowable quantities may be increased 100 percent when stored in approved storage cabinets, gas cabinets or exhausted enclosures as specified in the New York City Fire Code. Where Note e also applies, the increase for both notes shall be applied accumulatively.
- Allowed only when stored in approved exhausted gas cabinets or exhausted enclosures as specified in the New York City Fire Code.
- Quantities shown in the table in parenthesis have the units shown in parenthesis at the head of the column.
- For gallons of liquids, divide the amount in pounds by 10 in accordance with the New York City Fire Code.
- The maximum allowable quantities shall be limited by Section 427 for chemical laboratories classified as Occupancy Group B and operating as nonproduction facilities for testing, research, experimental, instructional or education purposes.
An occupancy that stores, uses or handles hazardous materials as described in one or more of the following items shall not be classified as Group H, but shall be classified as the occupancy that it most nearly resembles.
- Buildings and structures occupied for the application of flammable finishes, provided that such buildings or areas conform to the requirements of the New York City Fire Code and Section 416 of this code.
- Wholesale and retail sales and storage of flammable and combustible liquids in mercantile occupancies conforming to the New York City Fire Code.
- Closed piping system containing flammable or combustible liquids or gases utilized for the operation of machinery or equipment.
- Cleaning establishments that utilize combustible liquid solvents having a flash point of 140°F (60°C) or higher in closed systems employing equipment listed by an approved testing agency, provided that this occupancy is separated from all other areas of the building by 1-hour fire barriers constructed in accordance with Section 707 or 1-hour horizontal assemblies constructed in accordance with Section 711, or both.
- Cleaning establishments that utilize a liquid solvent having a flash point at or above 200°F (93°C).
- Liquor stores and distributors without bulk storage.
- Refrigeration systems.
- The storage or utilization of materials for agricultural purposes on the premises.
- Stationary batteries utilized for facility emergency or standby power, uninterruptable power supply or telecommunication facilities, provided that the batteries are provided with safety venting caps and ventilation is provided in accordance with the New York City Mechanical Code.
- Corrosive personal or household products in their original packaging used in retail display.
- Commonly used corrosive building materials.
- Buildings and structures occupied for aerosol storage shall be classified as Group S-1, provided that such buildings conform to the requirements of the New York City Fire Code.
- Display and storage of nonflammable solid and nonflammable or noncombustible liquid hazardous materials in quantities not exceeding the maximum allowable quantity per control area in Group M or S occupancies complying with Section 414.2.5.
- The storage of black powder, smokeless propellant and small arms primers in Groups M and R-3 and special industrial explosive devices in Groups B, F, M and S, provided such storage conforms to the quantity limits and requirements prescribed in the New York City Fire Code.
- Laboratories for nonproduction testing, research, experimental, instructional or educational purposes, in compliance with Section 427.
Hazardous materials in any quantity shall conform to the
requirements of this code, including Section 414 of this code, and the New York City Fire Code.
The following terms are defined in Chapter 2:
- AEROSOL.
- BALED COTTON.
- BALED COTTON, DENSELY PACKED.
- BARRICADE.
- BOILING POINT.
- CLOSED SYSTEM.
- COMBUSTIBLE DUST.
- COMBUSTIBLE FIBERS.
- COMBUSTIBLE LIQUID.
- Class II.
- Class IIIA.
- Class IIIB.
- COMPRESSED GAS.
- CONTROL AREA.
- CORROSIVE MATERIAL.
- CRYOGENIC FLUID.
- DAY BOX.
- DEFLAGRATION.
- DETONATION.
- DISPENSING.
- EXPLOSION.
- EXPLOSIVE.
- High explosive.
- Low explosive.
- Mass-detonating explosives.
- UN/DOTn Class 1 explosives.
- Division 1.1.
- Division 1.2.
- Division 1.3.
- Division 1.4.
- Division 1.5.
- Division 1.6.
- FIREWORKS.
- FLAMMABLE GAS.
- FLAMMABLE LIQUEFIED GAS.
- FLAMMABLE LIQUID.
- Class IA.
- Class IB.
- Class IC.
- FLAMMABLE MATERIAL.
- FLAMMABLE SOLID.
- FLASH POINT.
- HANDLING.
- HAZARDOUS MATERIALS.
- HEALTH HAZARD.
- HIGHLY TOXIC MATERIAL.
- INCOMPATIBLE MATERIALS.
- INERT GAS.
- OPEN SYSTEM.
- ORGANIC PEROXIDE.
- Class I.
- Class II.
- Class III.
- Class IV.
- Class V.
- Unclassified detonable.
- OXIDIZER.
- Class 4.
- Class 3.
- Class 2.
- Class 1.
- OXIDIZING GAS.
- PHYSICAL HAZARD.
- PYROPHORIC MATERIAL.
- PYROTECHNIC MATERIAL.
- STANDARD CUBIC FEET (SCF).
- TOXIC MATERIAL.
- UNSTABLE (REACTIVE) MATERIAL.
- Class 4.
Class 3.
Class 2.
Class 1. - WATER-REACTIVE MATERIAL.
- Class 3.
Class 2.
Class 1.
Buildings and structures containing materials that pose a detonation hazard shall be classified as Group H-1. Such materials shall include, but not be limited to, the following:
- Detonable pyrophoric materials
- Explosives:
- Division 1.1
- Division 1.2
- Division 1.3
- Division 1.4
- Division 1.5
- Division 1.6
- Organic peroxides, unclassified detonable
- Oxidizers, Class 4
- Unstable (reactive) materials, Class 3 detonable and Class 4
The following occupancies
containing explosive materials shall be classified as follows:
- Division 1.3 explosive materials that are used and maintained in a form where either confinement or configuration will not elevate the hazard from a mass fire to mass explosion hazard shall be allowed in H-2 occupancies.
- Articles, including articles packaged for shipment, that are not regulated as a Division 1.4 explosive under Bureau of Alcohol, Tobacco, Firearms and Explosives regulations, or unpackaged articles used in process operations that do not propagate a detonation or deflagration between articles shall be allowed in H-3 occupancies.
Buildings and structures containing materials that pose a deflagration hazard or a hazard from accelerated burning shall be classified as Group H-2. Such materials shall include, but not be limited to, the following:
- Class I, II or IIIA flammable or combustible liquids that are used or stored in normally open containers or systems, or in closed containers or systems pressurized at more than 15 pounds per square inch gauge (103.4 kPa)
- Combustible dusts where manufactured, generated or used in such a manner that the concentration and conditions create a fire or explosion hazard based on information prepared in accordance with Section 414.1.3
- Cryogenic fluids, flammable
- Flammable gases
- Organic peroxides, Class I
- Oxidizers, Class 3, that are used or stored in normally open containers or systems, or in closed containers or systems pressurized at more than 15 pounds per square inch gauge (103 kPa)
- Pyrophoric liquids, solids and gases, nondetonable
- Unstable (reactive) materials, Class 3, nondetonable
- Water-reactive materials, Class 3, nondetonable
- No part of this section shall be construed to authorize an LPG-distribution facility if otherwise prohibited by the New York City Fire Code.
Buildings and structures containing materials that readily support combustion or that pose a physical hazard shall be classified as Group H-3. Such materials shall include, but not be limited to, the following:
- Class I, II or IIIA flammable or combustible liquids that are used or stored in normally closed containers or systems pressurized at 15 pounds per square inch gauge (103 kPa) or less
- Combustible fibers, other than densely packed baled cotton, where manufactured, generated or used in such a manner that the concentration and conditions create a fire or explosion hazard based on information prepared in accordance with Section 414.1.3
- Cryogenic fluids, oxidizing
- Flammable solids
- Organic peroxides, Class II and III
- Oxidizers, Class 1 and 2
- Oxidizing gases
- Unstable (reactive) materials, Class 2
- Water-reactive materials, Class 2, nondetonable
Buildings and structures containing materials that are health hazards shall be classified as Group H-4. Such materials shall include, but not be limited to, the following:
Corrosives
Highly toxic materials
Toxic materials
Corrosives
Highly toxic materials
Toxic materials
Semiconductor fabrication facilities and comparable research and development areas in which hazardous production materials (HPM) are used and the aggregate quantity of materials is in excess of those listed in Tables 307.1(1) and 307.1(2) shall be
classified as Group H-5. Such facilities and areas shall be designed and constructed in accordance with Section 415.11.
Institutional Group I occupancy includes, among others, the use of a building or structure, or a portion thereof, in which care or supervision is provided to persons who are or are not capable of self-preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Institutional occupancies shall be classified as Group I-1, I-2, I-3 or I-4.
This section contains provisions for definitions of terms defined elsewhere in this
code as well as the terms with definitions specific to this section.
The following terms are defined in Chapter 2:
The following words and terms shall, for the purposes of this section, have the meanings shown herein:
- CHILD CARE FACILITIES. Facilities that provide care on a 24-hour basis to more than 5 children, under the age of 2.
- DETOXIFICATION FACILITIES. Facilities that serve patients who are provided treatment for substance abuse on a 24-hour basis and who are incapable of self-preservation or who are harmful to themselves or others.
- HOSPITALS AND PSYCHIATRIC CENTERS. Buildings or portions thereof used on a 24- hour basis for the medical, psychiatric, obstetrical or surgical treatment of inpatients who are incapable of self-preservation.
- NURSING HOMES. Nursing homes are long-term care facilities on a 24-hour basis, including both intermediate care facilities and skilled nursing facilities, serving more than five persons and any of the persons are incapable of self-preservation.
Institutional Group I-1 occupancy shall include buildings, structures or parts thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. The occupants are capable of self-preservation and capable of responding to an emergency situation without physical assistance from staff. Such occupancy shall be subject to the New York State Multiple Dwelling Law. This group shall include, but not be limited to, the following:
Adult homes, where occupants are capable of self-preservation (see Section 308.3.1)
Alcohol and drug abuse rehabilitation centers
Assisted living facilities
Community residences or intermediate-care facilities (see Section 308.3.2)
Congregate care facilities
Convalescent facilities
Enriched housing, where occupants are capable of self-preservation (see Section 308.3.1)
Halfway houses
Overnight facilities for children where all supervised occupants are under the age of 18, with no more than two children under the age of 2
Residential care facilities
Social rehabilitation facilities
Adult homes, where occupants are capable of self-preservation (see Section 308.3.1)
Alcohol and drug abuse rehabilitation centers
Assisted living facilities
Community residences or intermediate-care facilities (see Section 308.3.2)
Congregate care facilities
Convalescent facilities
Enriched housing, where occupants are capable of self-preservation (see Section 308.3.1)
Halfway houses
Overnight facilities for children where all supervised occupants are under the age of 18, with no more than two children under the age of 2
Residential care facilities
Social rehabilitation facilities
Adult homes and enriched housing facilities operated pursuant to and meeting the additional construction requirements of Section 460 of the New York State Social Services Law and regulations of the New York State Department of Health offering care on a 24-hour basis to persons capable of self-preservation, in the same building, shall be classified as Group I-1.
Exception:
Such a facility offering supervised care on a 24-hour basis for no more than 16 occupants capable of self-preservation, in the same building, may be classified in Group R in accordance with Section 310.
Community residences or intermediate-care facilities, operated pursuant to and meeting the additional construction requirements of the New York State Mental Hygiene Law and applicable regulations of the New York State Office of Mental Health and Office for People with Developmental Disabilities shall be classified as Group I-1.
Exceptions:
Such facilities limited to 14 residents capable of self-preservation and three staff members per dwelling unit shall be classified as:
- Group R-1, where such facility does not occupy more than two dwelling units in a residential building classified as R-1 of Type I or II construction, or one dwelling unit in any other type of construction, and occupied on a transient basis; or
- Group R-2 where such facility does not occupy more than two dwelling units in a residential building classified R-2 of Type I or II construction, or one dwelling unit in any other type of construction, and occupied on a long-term basis; or
- Group R-3 where the number of dwelling units in the building does not exceed two.
Institutional Group I-2 shall include buildings and structures used for medical, surgical, psychiatric, nursing or personal care on a 24-hour basis or overnight of more than two children under the age of 2, or more than three persons who are not capable of self-preservation and not capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following:
- Adult homes, where occupants are not capable of self-preservation (see Section 308.4.1)
- Child care facilities
- Community residences or intermediate-care facilities, where occupants are not capable of self-preservation, operated pursuant to and meeting the additional construction requirements of the New York State Mental Hygiene Law and applicable regulations of the New York State Office of Mental Health and Office for People with Developmental Disabilities
- Detoxification facilities
Exception: Such a facility offering care on a 24-hour basis for three or fewer persons who are not capable of self-preservation may occupy not more than one dwelling unit in a Group R occupancy.
- Enriched Housing, where occupants are not capable of self-preservation (see Section 308.4.1)
- Hospitals
- Nursing homes
- Psychiatric centers where patients are not under restraint
Adult homes and enriched housing facilities
operated pursuant to and meeting the additional construction requirements of Section 460 of the
New York State Social Services Law and regulations of the New York State Department of Health
offering care on a 24-hour basis to persons not capable of self-preservation, in the same building,
shall be classified as Group I-2.
Institutional Group I-3 occupancy shall include buildings and structures that are inhabited by more than five persons who are under restraint or security. A Group I-3 facility is occupied by persons who are generally incapable of self-preservation due to security measures not under the occupants' control. This group shall include, but not be limited to, the following:
This occupancy condition shall include buildings in which free movement
is allowed from sleeping areas, and other spaces where access or occupancy is permitted, to the
exterior via means of egress without restraint. A Condition 1 facility is permitted to be constructed
as Group R.
This occupancy condition shall include buildings in which free movement
is allowed from sleeping areas and any other occupied smoke compartment to one or more other
smoke compartments. Egress to the exterior is impeded by locked exits.
This occupancy condition shall include buildings in which free movement
is allowed within individual smoke compartments, such as within a residential unit comprised of
individual sleeping units and group activity spaces, where egress is impeded by remote controlled
release of means of egress from such a smoke compartment to another smoke compartment.
This occupancy condition shall include buildings in which free movement
is restricted from an occupied space. Remote-controlled release is provided to permit movement
from sleeping units, activity spaces and other occupied areas within the smoke compartment to
other smoke compartments.
This occupancy condition shall include buildings in which free movement
is restricted from an occupied space. Staff-controlled manual release is provided to permit
movement from sleeping units, activity spaces and other occupied areas within the smoke
compartment to other smoke compartments.
Institutional Group I-4 occupancy shall include custodial care facilities providing care to more than two children under the age of 2, or to more than four persons over the age of 2 who are not capable of responding to an emergency situation without physical assistance from the staff. Such occupancy shall include, but not be limited to, adult custodial care facilities and day nurseries.
Exceptions:
- Custodial care facility as described in Section 303.
- Custodial care facility as described in Section 304.
- Custodial care facility as described in Exception 3 of Section 305.1.
- Such facility providing care within a dwelling unit as described in Section 310.
- Such facility providing care to children under the age of 2 in religious houses of worship during religious functions.
Mercantile Group M occupancy includes, among others, the use of a building or structure or a portion thereof for the display and sale of merchandise, and involves stocks of goods, wares or merchandise incidental to such purposes and accessible to the public. Mercantile occupancies shall include, but not be limited to, the following:
Department stores
Drug stores
Markets
Motor fuel-dispensing facilities
Retail or wholesale stores
Sales rooms
Department stores
Drug stores
Markets
Motor fuel-dispensing facilities
Retail or wholesale stores
Sales rooms
The aggregate quantity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials stored or displayed in a single control area of a Group M occupancy shall not exceed the quantities in Table 414.2.5(1).
Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for dwelling or sleeping purposes when not classified as an Institutional Group I. Buildings containing three or more dwelling units shall be subject to the New York State Multiple Dwelling Law. Residential occupancies shall be classified as Group R-1, R-2, or R-3.
The following terms are defined in Chapter 2:
- APARTMENT.
- APARTMENT, STUDENT.
- BOARDER (ROOMER, LODGER).
- CONGREGATE LIVING UNIT.
- CUSTODIAL CARE FACILITY.
- DWELLING.
- DWELLING, MULTIPLE.
- DWELLING, ONE-FAMILY.
- DWELLING, TWO-FAMILY.
- DWELLING UNIT.
- FAMILY.
- GROUP HOME.
- PERSONAL CARE SERVICE.
- RESIDENTIAL CARE/ASSISTED LIVING FACILITIES.
- ROOMING HOUSE.
- SLEEPING UNIT.
- TRANSIENT.
Residential Group R-1 occupancies shall include:
- Residential buildings or spaces occupied, as a rule, transiently, for a period less than one month, as the more or less temporary abode of individuals or families who are lodged with or without meals, including, but not limited to, the following:
- Class B multiple dwellings as defined in Section 27-2004 of the New York City Housing Maintenance Code and Section 4 of the New York State Multiple Dwelling Law, where not classified in Group I-1.
- Club houses
- Hotels (transient)
- Motels (transient)
- Rooming houses (boarding houses—transient)
- Settlement houses
- Vacation timeshares
- College or school student dormitories, except for student apartments classified as an R-2 occupancy
- Congregate living units owned and operated by a government agency or not-for-profit organization, where the number of occupants in the dwelling unit exceeds the limitations of a family as defined, including, but not limited to, the following:
- Adult homes or enriched housing with 16 or fewer occupants requiring supervised care within the same building on a 24-hour basis
- Fraternity and sorority houses
- Homeless shelters
Residential Group R-2 occupancies shall include buildings or portions thereof containing sleeping units or more than two dwelling units that are occupied for permanent resident purposes as defined in subparagraph (a) of paragraph 8 of subdivision a of Section 27-2004 of the New York City Housing Maintenance Code. Such occupancy shall be subject to the New York State Multiple Dwelling Law. This group shall include, but not be limited to, the following:
- Adult homes or enriched housing with 16 or fewer occupants requiring supervised care on a 24- hour basis in the same building, provided that the number of occupants per dwelling unit does not exceed the definition of a family
- Apartment houses
- Apartment hotels (nontransient)
- Class A multiple dwellings as defined in Section 27-2004 of the New York City Housing Maintenance Code and Section 4 of the New York State Multiple Dwelling Law, where not classified in Group I, including the following:
- Dwelling units where the resident of the unit provides custodial care to no more than four persons on less than a 24-hour basis and not overnight, where not classified in Group I.
- Dwelling units where the resident of the unit provides child custodial care as a family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law, with no more than six children between the ages of 2 and 13, or with no more than five children if any are under the age of 2, receiving supervised care on less than a 24-hour basis and not overnight, where not classified in Group I.
- Convents and monasteries with more than 20 occupants in the building
- Student apartments
Residential Group R-3 occupancies shall include buildings or portions thereof containing no more than 2 dwelling units, occupied, as a rule, for shelter and sleeping accommodation on a long-term basis for a month or more at a time, and are not classified in Group R-1, R-2 or I. This group shall include, but not be limited to, the following:
- Convents and monasteries with 20 or fewer occupants in the building
- Group homes
- One- and two-family dwellings, including the following:
- Dwelling units where the resident of the unit provides custodial care to no more than four persons on less than a 24-hour basis and not overnight.
- Dwelling units where the resident of the unit provides child custodial care as a family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law for three to six children for more than three hours per day per child but less than 24 hours per day. A family day care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and such children receive services only during the periods set forth in the New York State Social Services Law.
- Dwelling units where the resident of the unit provides child custodial care as a group family day care home registered with the New York City Department of Health and Mental Hygiene in accordance with the New York State Social Services Law for seven to 12 children of all ages for more than three hours a day per child but less than 24 hours per day. There may be an additional four children if such children are of school age and such children receive services only during the periods set forth in the New York State Social Services Law.
A room or space used for storage purposes that is less than
100 square feet (9.3 m2) in area and accessory to another occupancy shall be classified as part of
that occupancy. The aggregate area of such rooms or spaces shall not exceed the allowable area
limits of Section 508.2.3.
Storage Group S-1 occupancies are buildings occupied for storing any flammable or combustible materials that are likely to permit the development and production of fire with moderate rapidity including, but not limited to, storage of the following:
- Aerosols, Levels 2 and 3
- Aircraft hangar (storage and repair)
- Bags; cloth, burlap and paper
- Bamboos and rattan
- Baskets
- Belting; canvas and leather
- Books and paper in rolls or packs
- Boots and shoes
- Buttons, including cloth covered, pearl or bone
- Cardboard and cardboard boxes
- Clothing, woolen wearing apparel
- Cordage
- Dry boat storage (indoor, not accessory to Group R)
- Furniture
- Furs
- Glues, mucilage, pastes and size
- Grains
- Horns and combs, other than celluloid
- Leather Linoleum Lumber Photo engravings
- Resilient flooring Silks
- Soaps Sugar Tires, bulk storage of
- Tobacco, cigars, cigarettes and snuff
- Upholstery and mattresses
- Wax candles
Storage Group S-2 occupancies include, among others, buildings used for the storage of noncombustible materials such as products on wood pallets or in paper cartons with or without single thickness divisions; or in paper wrappings. Such products are permitted to have a negligible amount of plastic trim, such as knobs, handles or film wrapping. Group S-2 storage uses shall include, but not be limited to, storage of the following:
- Asbestos
- Beverages up to and including 16-percent alcohol in metal, glass or ceramic containers
- Cement in bags
- Chalk and crayons
- Dairy products in nonwaxed coated paper containers
- Dry cell batteries
- Electrical coils
- Electrical motors
- Empty cans
- Food products
- Foods in noncombustible containers
- Fresh fruits and vegetables in nonplastic trays or containers
- Frozen foods
- Glass
- Glass bottles, empty or filled with noncombustible liquids
- Gypsum board
- Inert pigments
- Ivory
- Meats
- Metal cabinets
- Metal desks with plastic tops and trim
- Metal parts
- Metals
- Mirrors
- Oil-filled and other types of distribution transformers
- Parking garages, open or enclosed
- Porcelain and pottery
- Stoves
- Talc and soapstones
- Washers and dryers
Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy shall be constructed, equipped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy. Group U shall include, but not be limited to, the following:
- Carports
- Fences more than 6 feet (1829 mm) in height
- Private garages as per Section 406.1
- Retaining walls
- Sheds or greenhouses accessory to Group R-3 occupancies, that are freestanding, less than 120 square feet (11.15 m2) in area, not permanently affixed to the ground, and used for household goods or items associated with the garden or lawn. Any other shed shall be classified as either S-1 or S-2.
- Tanks
- Towers