Copyright

Dedication

Effective Date of Local Laws

Chapter 1 Administration

Chapter 2 Definitions

Chapter 3 General Precautions Against Fire

Chapter 4 Emergency Planning and Preparedness

Chapter 5 Fire Operations Features

Chapter 6 Building Services and Systems

Chapter 7 Fire-Resistance-Rated Construction

Chapter 8 Interior Furnishings, Decorations and Scenery

Chapter 9 Fire Protection Systems

Chapter 10 Means of Egress

Chapter 11 Aviation Facilities and Operations

Chapter 12 Dry Cleaning

Chapter 13 Combustible Dust-Producing Operations

Chapter 14 Fire Safety During Construction, Alteration and Demolition

Chapter 15 Flammable Finishes

Chapter 16 Fruit and Crop Ripening

Chapter 17 Fumigation and Insecticidal Fogging

Chapter 18 Semiconductor Fabrication Facilities

Chapter 19 Lumber Yards and Wood Waste Materials

Chapter 20 Manufacture of Organic Coatings

Chapter 21 Industrial Furnaces

Chapter 22 Motor Fuel-Dispensing Facilities and Repair Garages

Chapter 23 High-Piled Combustible Storage

Chapter 24 Tents and Other Membrane Structures

Chapter 25 Tire Rebuilding and Tire Storage

Chapter 26 Welding and Other Hot Work

Chapter 27 HAZARDOUS MATERIALS—GENERAL PROVISIONS

Chapter 28 Aerosols

Chapter 29 Combustible Fibers

Chapter 30 Compressed Gases

Chapter 31 Corrosive Materials

Chapter 32 Cryogenic Fluids

Chapter 33 Explosives, Fireworks and Special Effects

Chapter 34 Flammable and Combustible Liquids

Chapter 35 Flammable Gases

Chapter 36 Flammable Solids

Chapter 37 Highly Toxic and Toxic Materials

Chapter 38 Liquefied Petroleum Gases

Chapter 39 Organic Peroxides

Chapter 40 Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids

Chapter 41 Pyrophoric Materials

Chapter 42 Pyroxylin Plastics

Chapter 43 Unstable (Reactive) Materials

Chapter 44 Water-Reactive Solids and Liquids

Chapter 45 Referenced Standards

Appendix A Fees

Appendix B Referenced Standard Modifications

This chapter shall govern fire safety measures during the construction, alteration, or demolition of buildings, structures, premises and facilities.
Buildings, structures, premises and facilities undergoing construction, alteration or demolition shall comply with the fire safety measures set forth in this chapter, and shall additionally comply with the requirements of NFPA 241 as to measures not specifically addressed herein.
Permits shall be required as set forth in FC105.6.
It shall be unlawful at a construction site to store, handle or use portable fueled heating devices or equipment:

1. For purposes of human comfort or any other purpose other than construction-related curing and drying.

2. Utilizing a flammable liquid as a fuel.
The following term shall, for the purposes of this chapter and as used elsewhere in this code, have the meaning shown herein.

CONSTRUCTION SITE. Any location at which a building, structure, premises or facility is undergoing construction, alteration or demolition.
Portable fueled space heaters shall be designed, listed and labeled in accordance with the construction codes, including the Mechanical Code and the Fuel Gas Code, this code, and standards promulgated by the commissioner by rule, as applicable. Portable fueled space heaters shall be installed, operated and maintained in accordance with this chapter, the terms of the listing, and manufacturer's specifications.
Portable oil-fueled space heaters may be stored, handled and used at construction sites for construction-related curing and drying purposes during the heating season beginning on October 15 and ending on May 30 of the following year, and at such other times of year as may be authorized by permit. Such heaters shall be stored, handled and used in accordance with this code and the rules.
Portable gas-fueled space heaters utilizing liquefied petroleum gas (LPG), compressed natural gas (CNG) and piped natural gas may be stored, handled and used at construction sites for construction-related curing and drying purposes during the heating season beginning on October 15 and ending on May 30 of the following year, and at such other times of year as may be authorized by permit. Such heaters shall be stored, handled and used in accordance with this code and the rules.
Refueling operations shall be conducted in accordance with FC3405. Portable fueled space heaters shall be shut down and cool to the touch before refueling.
Clearance to combustibles from portable fueled space heaters shall be maintained in accordance with the manufacturer's specifications. When in operation, portable fueled space heaters shall be fixed in place and protected from overturning, movement or damage in accordance with the manufacturer's specifications.
The heating element or combustion chamber shall have a permanent device to prevent accidental contact by persons or material.
The handling and use of portable fueled space heaters shall be under the personal supervision of a person holding a certificate of fitness. The storage of portable fueled space heaters, and the fuel therefore, shall be under the general supervision of a certificate of fitness holder.
Smoking is prohibited at all construction sites.
At construction sites required by the Building Code to be enclosed with a fence, including buildings under construction or demolition, smoking shall be prohibited within the area enclosed by such fence, including in construction trailers and other indoor or outdoor areas. At construction sites not required by the Building Code to be enclosed with a fence, including existing buildings undergoing interior alterations, smoking shall be prohibited in those areas of the building in which work is to be conducted under the work permit issued by the Department of Buildings.
"No Smoking" signs complying with FC310 shall be conspicuously posted at construction sites at the following locations and such other locations as are necessary to provide notice to a person entering upon or working at the site of the prohibition against smoking:

1. at construction sites required by the Building Code to be enclosed with a fence, on all sliding and swinging gate openings, and any other openings allowing for access to the site by persons or vehicles;

2. at the entrances to any building or structure under construction or demolition;

3. on each floor at stairway, elevator and hoistway access points of any building undergoing alteration, construction or demolition; and

4. at any indoor or outdoor areas on the construction site at which persons congregate.
Combustible waste, including rubbish and construction and demolition material, shall not be allowed to accumulate within buildings and shall be removed from a building at least once a day. Accumulations of combustible waste not stored in containers in accordance with FC304.3 and in a manner that obstructs movement on the floor, or containing flammable or combustible liquid residues, shall be removed from a building at the end of each work shift. Combustible waste, including rubbish and construction and demolition material, shall be removed from the premises or stored in noncombustible containers.
It shall be unlawful to ignite or maintain an open fire at a construction site, except for the use of coke-fueled salamanders in accordance with FC 307.1 and 307.6, and the rules.
Materials susceptible to spontaneous ignition, such as oily rags, shall be stored in a container listed for such use.
The commissioner may require, at a demolition site, and at other construction sites that are unusually hazardous in nature, that a fire watch be maintained by fire guards. The fire guards conducting such fire watch shall have the duties and responsibilities set forth in FC901.7.2.1.
Operations involving the use of cutting and welding shall be performed in accordance with FC Chapter 26.
Temporary wiring for electrical power and lighting installations at construction sites shall comply with the requirements of the Electrical Code.
Fire walls, fire barriers, and spray-on fire protection of structural members required by the Building Code for the completed building, shall be given construction priority. Required fire doors, with automatic closing devices, shall be installed on openings as soon as practicable. Required fire walls, fire barriers and fire doors shall be left in place in buildings undergoing alteration or demolition until construction operations necessitate their removal.
Storage, handling and use of flammable and combustible liquids shall be in accordance with FC3406.2 and such other provisions of FC Chapter 34 as may be applicable to the specific construction site material or operation.
Adequate ventilation shall be provided for operations involving the application of materials containing flammable solvents.
Flammable and combustible liquid storage areas shall be maintained clear of vegetation and combustible waste. Such storage areas shall not be used for the storage of combustible materials.
Sources of ignition and smoking shall be prohibited in flammable and combustible liquid storage areas. "No Smoking" signs in compliance with the requirements of FC310 shall be conspicuously posted.
Class I and II liquids shall be stored in approved safety containers.
Leaking containers shall be immediately repaired or taken out of service. Spills shall be cleaned up immediately and all liquid and waste material disposed of lawfully.
The storage, handling and use of flammable gases shall comply with the requirements of FC Chapters 26, 35 and 38, as applicable.
The storage, handling and use of oxygen shall comply with the requirements of FC 1406.2.1 through 1406.2.3, and FC Chapters 26 and 30, as applicable.
The storage, handling and use of portable liquid oxygen containers shall be in accordance with FC 1406.2.1.1 through 1406.2.1.9.
A sketch showing the following information shall be submitted to the department for approval in connection with an application for a permit for oxygen storage:

1. Number and size of containers.

2. Enclosure, manifold and service piping construction.

3. Location of risers and outlets.

4. Location of all equipment and devices including vaporizers, valves and safety relief devices.
Not more than one liquid oxygen container having a maximum water capacity of 6.2 cubic feet (0.176 m3) may be stored indoors. Such container shall be connected for use with a flammable gas. Storage in excess of one liquid oxygen container shall be located outdoors.
The room used for the storage, handling and use of a liquid oxygen container shall be equipped with ventilation direct to the outdoors, and shall not contain any combustible material or flammable gas.
Manifolds and vaporizers shall be constructed of materials suitable for oxygen service at a pressure of 250 psig (1724 kPa). Such manifolds and vaporizers shall have a minimum bursting pressure of 1,000 psig (6895 kPa) and shall be protected with safety relief devices which will relieve at or below 500 psig (3448 kPa).
The assembled vaporizer and manifold shall be pressure tested at 500 psig (3448 kPa) with an oil-free and nonflammable material as the testing medium.
Service piping from the oxygen manifold shall be copper tubing, stainless steel, wrought iron or steel, and shall run vertically outdoors to the floor or floors being serviced, where outlets may be provided for hose connections to approved torches. The service piping shall be properly secured, protected from damage from mechanical injury and properly labeled. Any connection between service piping and the manifold shall be made using not more than 5 feet (1524 mm) of hose capable of withstanding pressure up to at least 1,000 psig (6895 kPa).
Service piping shall be suitable for 250 psig (1724 kPa) service unless an intervening pressure regulator is provided at the manifold, and shall withstand a test of two times the maximum operating pressure, using an oil-free and nonflammable material as the testing medium.
Hose and connectors capable of withstanding pressure up to at least 1,000 psig (6895 kPa) and of a design suitable for oxygen service at a pressure of 250 psig (1724 kPa) shall be used to connect the outlets on the service piping to the blowpipes. Hose shall be rejected for use if it shows excessive wear, loose connections, leaks or burns; hose subjected to a flash back in use shall be tested to twice the service pressure, but not less than 200 psig (1379 kPa), before being returned to service.
Signs shall be posted in the vicinity of liquid oxygen container storage and use, reading: DANGER-LIQUID OXYGEN-NO SMOKING-NO OPEN FLAMES.
Legible operating instructions shall be posted near any liquid oxygen manifold.
An affidavit shall be provided by the installer and/or contractor to certify that the vaporizer, valves, piping, hose and safety devices are of an approved type, that they meet the specifications for bursting test and design pressure, and that they have been satisfactorily tested in accordance with this section.
The storage and use of oxygen trailers shall be in accordance with FC 1406.2.2.1 through 1406.2.2.5.
Oxygen trailer containers shall be designed, constructed, tested and maintained in accordance with the United States Department of Transportation specifications and regulations.
Legible operating instructions shall be posted in the trailer and on or near any oxygen manifold used indoors.
Oxygen trailers shall at all times have affixed to them a motor vehicle license plate as issued in accordance with New York State or other applicable motor vehicle license plate laws, rules or regulations.
The owner or operator of an oxygen trailer shall notify the department, in writing, of the delivery of the trailer to a construction site, at least 48 hours in advance of such delivery. Such notification shall include:

1. Contractor's name, address and telephone number.

2. Location of the construction site.

3. Quantity and frequency of oxygen delivery to the construction site.

4. Expected duration of oxygen storage and use at the construction site.
The distance between oxygen trailers having a total aggregate capacity exceeding 20,000 SCF (566 m3) and exposures shall be in accordance with NFPA 55.
The handling and use of portable liquid oxygen containers and oxygen trailers shall be under the personal supervision of a certificate of fitness holder. The storage of liquid oxygen containers and oxygen trailers shall be under the general supervision of a certificate of fitness holder.
When oxygen and acetylene torch operations are not in use, including when such operations are discontinued for the workday, the oxygen and acetylene containers shall be removed from the work area and moved to an approved storage area or removed from the premises.

Exception: Brief interruptions in work of not more than 2 hours, including lunch breaks and coffee breaks.
Oxygen and acetylene containers used for torch operations may be stored on the floors on which the torch work is being conducted only in an unoccupied building and only in an approved storage area. Oxygen or acetylene containers, other than those necessary for the day's torch operations, shall be considered as reserve storage, and shall not be stored on such floors.
Oxygen and acetylene storage areas on the floors on which the torch work is being conducted shall comply with the distance to exposure requirements of FC3504.1.3.
The maximum quantity of acetylene containers stored on any floor shall not exceed 3,500 SCF (99.12 m3).
Oxygen and acetylene containers shall be located within a compressed gas storage cabinet designed and secured to prevent unauthorized entry. The storage cabinet shall be conspicuously marked with a hazard identification sign as set forth in FC2703.5.
The storage of reserve oxygen and acetylene containers at a construction site shall comply with the requirements of FC 1406.4.1 through 1406.4.4, and FC1406.5.
Oxygen and acetylene container storage areas shall comply with the distance to exposure requirements of FC3504.2.1.
Oxygen and acetylene containers shall be located within a compressed gas storage cabinet designed and secured to prevent unauthorized entry. The storage cabinet shall be conspicuously marked with a hazard identification sign as set forth in FC2703.5.
Indoor reserve storage of acetylene containers shall be allowed only when outdoor storage is unavailable on the premises, the building is unoccupied, the containers are stored on the ground floor of the building, and the total quantities stored do not exceed 3,500 SCF (99.12 m3).
Outdoor reserve acetylene container storage areas shall not exceed 3,500 SCF (99.12 m3). More than one outdoor storage area may be authorized on the premises provided the distance from each outdoor storage area to each exposure identified in FC Chapter 35 complies with the requirements of FC Chapter 35.
The aggregate of the indoor storage of acetylene authorized by FC 1406.3.1.2 and 1406.4.3 shall not exceed 15,000 SCF (424.8 m3).
Explosive materials shall be stored, handled and used in accordance with FC1418 and FC Chapter 33.
Blasting operations shall be conducted in accordance with FC Chapter 33.
Fire hoses and nozzles for use by demolition personnel, connected to an approved water supply under pressure, shall be provided and maintained at the demolition site whenever explosives are used for demolition. Such fire hoses, nozzles and water supply shall be available prior to explosives arriving at the site. Such fire hoses and nozzles shall be capable of a continuous flow of 180 gallons (681 L) per minute with a minimum reach of 35 feet (10 668 mm) from the nozzle and be capable of being brought to bear anywhere on the construction site. Hose shall be pressure tested to withstand at least 600 pounds per square inch gauge (psig)(2413 kPa).
Where a site safety manager or site safety coordinator is required by the Building Code, the owner shall designate a person to be the fire safety manager for the construction site. Such person shall hold a certificate of fitness as a construction site fire safety manager. The fire safety manager may be the site safety manager or site safety coordinator required by the Building Code, except that a separate fire safety manager shall be designated for a building under construction when such building reaches a height of twenty stories or more than 250 feet (76 200 mm), has a lot coverage of 200,000 square feet (1860 m2) or greater, or as otherwise prescribed by rule. For purposes of this section, below grade stories shall be used to determine number of stories and building height.

Exception: Construction sites at which an existing building is undergoing alteration, the alteration work is limited to the façade, and no hot work is being performed.
The fire safety manager shall be responsible for ensuring compliance with the requirements of this code, including this chapter, and the rules. The fire safety manager shall conduct an inspection of the construction site and all fire safety measures on at least a daily basis, and maintain a record of same in a bound log book or other approved system of recordkeeping. Where fire watch service is provided, the fire safety manager shall be responsible for the general supervision of the fire guards.
The fire safety manager shall develop and maintain at the construction site an approved pre-fire plan, and make it available for examination by any representative of the department. The department shall be notified of any changes in site conditions materially affecting the procedures set forth in such plan.
The fire safety manager shall ensure that construction site personnel are acquainted with the operation of portable fire extinguishers and other fire protection equipment on the construction site.
The fire safety manager shall ensure that all fire protection equipment and systems are readily available and periodically inspected and tested, and maintained in accordance with this code, the rules and the Building Code.
The fire safety manager shall be responsible for supervising the issuance of authorizations for hot work operations in accordance with FC Chapter 26.
The fire safety manager or impairment coordinator shall comply with the requirements of FC901 in the event of impairment of any fire protection system.
Coverings placed on or over fire protection devices to protect them from damage during construction processes shall comply with the requirements of FC Chapter 9 and shall be immediately removed upon the completion of the construction processes in the room or area in which the devices are installed.
A telephone not requiring a coin to operate, or another approved, clearly identified means to notify the department, shall be provided on site in an approved location. The street address of the construction site and the emergency telephone number of the fire department shall be posted adjacent to the telephone or other approved device.
Approved vehicle access for fire apparatus shall be provided to all construction sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.
Key boxes shall be provided as required by FC Chapter 5 and the Building Code.
Stairways at construction sites shall be provided, maintained, and made available for department use in accordance with the construction codes, including the Building Code. Stairways providing egress from the building or structure under construction or alteration, and other components of the means of egress, shall be given construction priority.
Required means of egress shall be maintained during construction, alteration and demolition in accordance with this code and the Building Code.
Elevators at construction sites shall be provided, maintained, and made available for department use in accordance with the construction codes, including the Building Code.
An approved water supply for fire protection, either temporary or permanent, shall be made available prior to hazardous materials or combustible material arriving at the site. Any water source intended for firefighting operations, including standpipe outlets, street hydrants and yard hydrants, shall not be used for construction, alteration or demolition purposes, unless approved.
Standpipe systems for use at construction sites shall be provided, maintained, and made available for department use in accordance with this code, and the construction codes, including the Building Code.
Where a building or structure with an existing standpipe system is being demolished, such system shall be maintained for the use of the department in accordance with the construction codes, including the Building Code.
Sprinkler systems for use at construction sites shall be provided, maintained, and made available for department use, in accordance with this code, and the construction codes, including the Building Code.
In buildings or structures where a sprinkler system is required by this code or the construction codes, including the Building Code, it shall be unlawful to occupy any portion of a building or structure until the sprinkler system installation has been tested and approved.
Sprinkler control valves shall be operated only by authorized personnel. Such operation shall be under the general supervision of the fire safety manager where one is required pursuant to FC1408. When the sprinkler system valves are being regularly closed and opened to facilitate connection of newly completed or disconnected segments, the sprinkler control valves shall be inspected at the end of each work day to ascertain that the system is in good working order.
Buildings or structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with FC906 and sized for not less than ordinary hazard as follows:

1. At each stairway on all floor levels where combustible materials are being stored or combustible waste is being generated.

2. At the entrance of each storage and construction shed.

3. Additional portable fire extinguishers shall be provided where flammable and combustible liquids are stored, handled and used.

4. Cranes fueled by liquid motor fuel or flammable gas shall be provided with a portable fire extinguisher with a minimum 10-B:C rating located either in the crane's cab or in its immediate vicinity.
Internal-combustion-powered construction equipment shall be used in accordance with the following requirements:

1. Equipment shall be located so that exhausts do not discharge against combustible material.

2. Exhausts shall be piped to the outdoors.

3. Equipment shall not be refueled while in operation.

4. Fuel for equipment shall be stored in an approved area, and shall be moved in approved containers not to exceed 5 gallons (19 L).
Roofing operations utilizing heat-producing systems or other ignition sources shall be performed by a competent person. Roofing operations involving hot work shall comply with the requirements of FC Chapters 26, 35 and 38, as applicable.
Tar kettles shall be handled and used in accordance with FC303.
Portable fire extinguishers shall be provided in accordance with FC906. There shall be not less than one multi-purpose portable fire extinguisher with a minimum 3-A 40-B:C rating on the roof being covered or repaired.
It shall be unlawful to install any roofing material using a torch on a roof of combustible construction, or otherwise engage in roofing operations on roofs of combustible construction using hot work equipment.
Small arms ammunition shall be stored, handled and used for powder-actuated tool loads at a construction site, as follows:

1. The main store of powder-actuated tool loads shall be kept in an approved locked metal box.

2. The powder-actuated tool load storage box shall be kept away from heat and shall not be stored in the same storage area or storage facility containing compressed gases or flammable liquids.

3. The storage area or storage facility in which the locked metal powder-actuated tool load box is stored shall bear a permanent sign bearing the words "DANGER-AMMUNITION" in 2-inch (51-mm) white letters on a red background.

4. Powder-actuated tools shall not be used in an explosive atmosphere.

5. The certificate of fitness holder shall establish a safe zone behind a work area in which powder-actuated tools are to be used by evacuating the area or placing a barrier constructed of 1/2 inch (12.7 mm) steel plate.

6. At least one portable fire extinguisher having a minimum 2-A rating shall be provided in the area where powder-actuated tool loads are stored.

7. Storage of powder-actuated tool loads shall comply with the requirements of NFPA 495. Storage shall be limited to not more than seven hundred fifty thousand powder-actuated tool loads per premises unless larger quantities are authorized by the department.
Powder-actuated tools shall be used only by a certificate of fitness holder. Powder-actuated tools shall be handled only by a certificate of fitness holder. Storage of powder-actual tools shall be under the general supervision of a certificate of fitness holder.
The department may require that a box be provided at a construction site for first responder use that contains keys as set forth in FC506.2.2, the pre-fire plan, permits, logbooks and such other documents required by this code or the rules to be maintained on the premises. Such box shall be in an approved location and, if locked, shall be openable by use of a citywide standard key.
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