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-Resistant Rated Construction

Chapter 8 Interior Furnishings, Decorations and Scenery

Chapter 9 Fire Protection Systems

Chapter 10 Means of Egress

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 34 Flammable and Combustible Liquids

Chapter 35 Flammable Gases

Chapter 36 Flammable Solids

Chapter 38 Liquefied Petroleum Gases

Chapter 39 Organic Peroxides

Chapter 40 Oxidizers

Chapter 41 Pyrophoric Materials

Chapter 42 Pyroxylin Plastics

Chapter 43 Unstable (Reactive) Materials

Chapter 44 Water-Reactive Solids and Liquids

Chapter 45 Referenced Standards

Chapter 46 Fees

Chapter 47 Referenced Standard Modifications

Chapter 48 Pre-Existing Facilities

Chapter 49 Miscellaneous

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   (a)   Scope. This section sets forth provisions relating to the Department's adoption of modifications to the Referenced Standards set forth in FC Chapter 45, adoption of amendments to the Referenced Standard modifications codified in FC Appendix B, and incorporation of such modifications and amendments into FC Appendix B.
   (b)   General Provisions.
      (1)   Adoption. The Referenced Standards set forth in FC Chapter 45, and the modifications thereto, as codified in FC Appendix B, are amended as set forth in this chapter of the rules.
      (2)   Incorporation. Pursuant to FC102.6.2, such Referenced Standard modifications and amendments to Referenced Standard modifications shall be deemed incorporated into FC Appendix B.
      (3)   Identification of modifications and amendments.
            (A)   The text of the Referenced Standard modifications to be incorporated into FC Appendix B is set forth in the respective sections of this chapter of the rules. The addition of such modifications to FC Appendix B is indicated by underlining.
            (B)   When a Referenced Standard modification codified in FC Appendix B is to be amended, the existing, codified text of the Referenced Standard modification is shown, with the language deleted in [;brackets]; and language added underlining.
   (a)   Scope. This section sets forth modifications to the National Fire Protection Association Referenced Standards set forth in FC Chapter 45.
   (b)   Referenced Standard Modifications. FC B01.1 is amended to read as follows:
   B01.1. National Fire Protection Association standards. The provisions of the following National Fire Protection Association (NFPA) standards shall be modified as follows:
   NFPA 45-2004. The provisions of NFPA 45-2004, Standard on Fire Protection for Laboratories Using Chemicals, are modified as follows:
      1.   In Section 1.1.1, add "in this standard," after "defined". Add a new sentence to the end of the section, to read "This standard shall additionally apply to any non-production laboratory as defined in FC2702.1.".
      2.   In Section 1.1.2(1)(b), delete "NFPA 54, National Fuel Gas Code" and replace with "the Fuel Gas Code". Add an exception to the end of Section 1.1.2(1), to read "This exception shall not apply to educational laboratory units and instructional laboratory units."
      3.   Add a new Section, 1.1.4, to read "1.1.4 The provisions of this standard are adopted only with respect to operational and maintenance requirements. Pursuant to FC102.2, operational and maintenance provisions are applicable to new and existing facilities."
      4.   Delete Section 1.4 in its entirety.
      5.   Delete Section 1.5 in its entirety.
      6.   In Section 2.2:
         6.1.   Delete "2002 edition" of NFPA 10 and replace with "2007 edition".
         6.2.   Delete "2002 edition" of NFPA 11 and replace with "2005 edition, as modified by Appendix B of the Fire Code".
         6.3.   Delete "NFPA 11A, Standard for Medium- and High-Expansion Foam Systems, 1999 edition.".
         6.4.   Delete "2000 edition" of NFPA 12 and replace with "2008 edition, as modified by Appendix B of the Fire Code".
         6.5.   Delete "2002 edition" of NFPA 13 and replace with "2007 edition, as modified by Appendix B of the Fire Code".
         6.6.   Delete "2002 edition" of NFPA 17 and replace with "2002 edition, as modified by Appendix B of the Fire Code".
         6.7.   Delete "2002 edition" of NFPA 17A and replace with "2002 edition, as modified by Appendix B of the Fire Code".
         6.8.   Delete "2002 edition" of NFPA 25 and replace with "2011 edition".
         6.9.   Delete "2003 edition" of NFPA 30 and replace with "2008 edition".
         6.10.   Delete "2003 edition" of NFPA 33 and replace with "2007 edition".
         6.11.   Delete "NFPA 50, Standard for Bulk Oxygen Systems at Consumer Sites, 2001 edition.".
         6.12.   Delete "NFPA 50A, Standard for Gaseous Hydrogen Systems at Consumer Sites, 1999 edition.".
         6.13.   Delete "NFPA 50B, Standard for Liquefied Hydrogen Systems at Consumer Sites, 1999 edition.".
         6.14.   Delete "2002 edition" of NFPA 51 and replace with "2007 edition".
         6.15   Delete "NFPA 54, National Fuel Gas Code, 2002 edition" and replace with "The Fuel Gas Code".
         6.16.   Delete "2003 edition" of NFPA 55 and replace with "2010 edition".
         6.17.   Delete "2004 edition" of NFPA 58 and replace with "2008 edition".
         6.18.   Delete "2002 edition" of NFPA 69 and replace with "2008 edition".
         6.19.   Delete "NFPA 70, National Electrical Code, 2005 edition.".
         6.20.   Delete "2002 edition" of NFPA 72 and replace with "2010 edition, as modified by Appendix B of the Fire Code".
         6.21.   Delete "1999 edition" of NFPA 80 and replace with "2007 edition".
         6.22.   Delete "2003 edition" of NFPA 86 and replace with "2007 edition".
         6.23.   Delete "2002 edition" of NFPA 99 and replace with "2005 edition".
         6.24.   Delete "2001 edition" of NFPA 495 and replace with "2006 edition".
         6.25.   Delete "2001 edition" of NFPA 704 and replace with "2007 edition".
         6.26.   Delete "2003 edition" of NFPA 750 and replace with "2006 edition, as modified by Appendix B of the Fire Code".
         6.27.   Delete "NFPA 1962, Standard for the Inspection, Care, and Use of Fire Hose, Couplings, and Nozzles and the Service Testing of Fire Hose, 2003 edition.".
         6.28.   Delete "2004 edition" of NFPA 2001 and replace with "2008 edition, as modified by Appendix B of the Fire Code".
         6.29.   Add "NFPA 2112, Standard on Flame-Resistant Garments for Protection of Industrial Personnel Against Flash Fire, 2012 edition.".
      7.   In Section 2.3.3, delete "ASME Boiler and Pressure Vessel Code, Section VIII, 2004" and replace with "ASME Boiler and Pressure Vessel Code, Section I, II, IV, V, VI and VIII, 2010".
      8.   Delete Section 3.2.7 and replace with Section 3.2.7 of NFPA 45-2015.
      9.   In Section 3.3.14, add "for students" after the word "purposes" and delete "by six or more persons for four or more hours per day or more than 12 hours per week".
      10.   Add a new section, 3.3.24.1, by inserting Section 3.3.24 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 3.3.24.1.
      11.   Delete Section 3.3.31 and replace with Section 3.3.31 of NFPA 45-2015, except delete "under the direct supervision of an instructor" and add a sentence to the end, to read "Laboratory units used for graduate or postgraduate research are not considered to be instructional laboratory units."
      12.   Add a new section, 3.3.31.1, by inserting the text of Section 3.3.32 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 3.3.31.1.
      13.   Delete Section 3.3.36 and replace with "3.3.36 Laboratory Unit. An enclosed space of a minimum one-hour fire-rated construction, designed or used as a non-production laboratory. Laboratory units may include one or more separate laboratory work areas, and accessory storage rooms or spaces within or contiguous with the laboratory unit, such as offices and lavatories."
      14.   Add a new section, 3.3.51.1, by inserting the text of Section 3.3.53 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 3.3.51.1.
      15.   In Section 3.3.57, delete "Section 6.3 of NFPA 30, Flammable and Combustible Liquids Code" and replace with "FC3404.3.2".
      16.   Delete Section 4.3.1 and replace with Section 1.1.4 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 4.3.1, except:
         16.1   In Section 1.1.4, insert "listed below" after the word "concentrations", and delete ", the following" from the second sentence.
         16.2   Insert a semicolon to the end of Sections 1.1.4(1), 1.1.4(2) and 1.1.4(3).
         16.3   In Section 1.1.4(4), insert "; and" after "peroxides".
         16.4   Insert a period to the end of Section 1.1.4(5).
         16.5   Delete the sentence after Section 1.1.4(5).
      17.   In Section 5.6, delete "NFPA 70, National Electrical Code" and replace with "the Electrical Code".
      18.   In Section 5.6.2, delete "Article 500 of NFPA 70, National Electrical Code" and replace with "the Electrical Code".
      19.   Delete Section 6.6.3.1 and replace with Section 6.5.3.1 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 6.6.3.1, except:
         19.1.   In the section title, delete "Provisions Within the Emergency Action Plan" and replace with "Emergency Plan".
         19.2.   Delete the first sentence and replace with "The owner of a chemical laboratory shall cause plans for laboratory emergencies to be prepared."
         19.3.   In the second sentence, delete "action" between the words "emergency" and "plan".
         19.4   In Section 6.5.3.1(1), insert a semicolon after "alarm".
         19.5.   In Section 6.5.3.1(2), delete "fire department, governmental agencies, or other emergency responders or contacts, as required" and replace with "Fire Department and other emergency response agencies;".
         19.6   In Section 6.5.3.1(3), before "as applicable" insert "including primary and secondary evacuation routes," and insert a semicolon to the end of the section.
         19.7   In Sections 6.5.3.1(4) and 6.5.3.1(7), insert a semicolon to the end of the section.
         19.8.   In Section 6.5.3.1(5), insert "regular emergency" between the words "conducting" and "drills", and insert a semicolon to the end of the section.
         19.9   In Section 6.5.3.1(6), delete "shutdown" and replace with "shut down", and insert a semicolon to the end of the section.
         19.10.   Delete Section 6.5.3.1(8).
         19.11.   Renumber Section 6.5.3.1(9) as 6.5.3.1(8), and insert a semicolon to the end of the section.
         19.12   Renumber Section 6.5.3.1(10) as 6.5.3.1(9), and insert "; and" to the end of the section.
         19.13   Renumber Section 6.5.3.1(11) as 6.5.3.1(10), and delete "to be taken", and insert a period to the end of the section.
      20.   Add a new section, 6.6.3.3, by inserting the text of Section 6.5.3.3 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 6.6.3.3, except move "on the emergency plan" from the end of the sentence to between the 6 words "trained" and "prior", and add a sentence to the end, to read "Records for such training shall be maintained in accordance with FC107.7."
      21.   Add new sections, 6.7 through 6.7.4, by inserting the text of Sections 6.6, and 6.6.2 through 6.6.5 of NFPA 45-2015. For purposes of the Fire Code Referenced Standard, Section 6.6 is renumbered as 6.7, and Sections 6.6.2, 6.6.3, 6.6.4 and 6.6.5 are renumbered as 6.7.1, 6.7.2, 6.7.3 and 6.7.4 respectively, except:
         21.1.   In Section 6.6.2, delete "where" and replace with "by any person that uses", and delete "are used".
         21.2.   In Section 6.6.3, insert a comma after the word "worn", insert ", by any person that uses" after the word "possible", and delete "are used".
         21.3.   In Section 6.6.4, delete "Natural-fiber" and replace with "Any person that uses pyrophoric reagents outside the inert atmosphere of a glovebox shall wear natural-fiber", delete "shall be worn", insert "their" after the word "under", delete "the" after the word "on" and replace with "their", and delete "where pyrophoric reagents are used outside the inert atmosphere of a glovebox" after the word "feet".
      22.   Add a new section, 7.1.3, by inserting the text of Section 7.2.2.1 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 7.1.3, except in the first sentence of such section, insert "involving the handling and use of hazardous materials" after the word "operations", and in the second sentence of such section, delete "in a safe condition" and replace with "safely", delete "during the time that" and replace with "until", and delete the word "exists" and replace with "is corrected".
      23.   Delete Section 8.13.2 and replace with "All activities inside the hood shall be suspended immediately following the discovery of deficiencies that cause the hood to perform outside of limits established by regulatory authority requirements and/or nationally recognized industry standards".
      24.   Delete Section 9.2.3.4 and replace with Sections 8.2.4.4 and 13.4.2 of NFPA 45-2015, which are combined into a single section and renumbered for purposes of the Fire Code Referenced Standard as 9.2.3.4, except:
         24.1.   In Section 8.2.4.4, delete the words "might", "(i.e., time sensitive)", and ", and properly managed".
         24.2.   In the first sentence of Section 13.4.2, insert "in unopened containers" after the word "storage", insert "also" between the words "shall" and "be", and delete "upon receipt and when first opened to facilitate hazard control" and replace with "when received into the laboratory chemical inventory".
         24.3.   In the second sentence of Section 13.4.2, replace "Materials" with "Such materials", insert "managed and" before the word "disposed", insert a comma after the word "date", and delete "(SDSs)(see 8.2.4.4 and A.8.2.4.4)".
      25.   Delete Section 9.2.3.4.1 and replace with Section 8.2.4.4.1 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 9.2.3.4.1, except
         25.1   In Section 8.2.4.4.1 and (1), delete "shall consist of the following elements" and replace with the word "includes", insert "-" between the words "time" and "sensitive", and after the word "sensitive" insert "(materials that become hazardous during prolonged storage);".
         25.2   In Section 8.2.4.4.1(2), insert a semi-colon after the word "frequency".
         25.3   In Section 8.2.4.4.1(3), insert "; and" after the word "material".
         25.4   In Section 8.2.4.4.1($), insert a period after the word "results".
      26.   Add a new section, 9.2.3.7, by inserting the text of Section 8.2.4.7 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 9.2.3.7, except delete "shall be" and replace with "is", and add a new sentence to the end, to read "This prohibition does not apply to the storage of chemicals used in a long term experiment or research, chemicals for which special ventilation requirements are recommended based on the unusually hazardous nature of the chemicals, and any other chemical storage approved by the Fire Department."
      27.   Delete Sections 9.3, 9.4 and 9.5 in their entirety.
      28.   Add a new section, 9.3, to read "9.3 Chemicals." and two new sections, 9.3.1 and 9.3.2, by inserting the text of Sections 8.2.3.6 and 8.2.3.7 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 9.3.1 and 9.3.2 respectively, except in Section 8.2.3.7, delete "(SDS)".
      29.   Add new sections, 9.4 through 9.4.5, by inserting the text of Sections 8.3, 8.3.2, 8.3.3, 8.3.5, 8.3.4 and 8.3.6 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 9.4, 9.4.1, 9.4.2, 9.4.3, 9.4.4 and 9.4.5 respectively, except:
         29.1.   In Section 8.3.3, replace "with the hazards of the waste chemicals" with "in accordance with the regulations of the New York State Department of Environmental Conservation".
         29.2.   In Section 8.3.5, replace "Waste" with "Flammable and combustible liquid waste", replace "type" with "types", and replace "9.1.2" with "10.1.4".
         29.3.   In Section 8.3.4, replace "not exceed 20 l (5 gal)" with "that are not required to comply with the requirements of Section 9.4.3 shall be subject to the maximum container sizes and types in accordance with Class II combustible liquids set forth in Table 10.1.4".
         29.4.   In Section 8.3.6, replace "subject to" with "included in".
      30.   In Section 10.5.1, replace "NFPA 30, Flammable and Combustible Liquids Code" with "FC3404.3.2".
      31.   Add new sections, 12.1.7 through 12.1.7.11, by inserting the text of Sections 11.2.6 through 11.2.6.11 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 12.1.7 through 12.1.7.11 respectively, except in Section 11.2.6.3, replace "6.6" with "6.7".
      32.   Add new sections, 12.1.8 and 12.1.8.1, by inserting the text of Sections 11.2.7 and 11.2.7.1 of NFPA 45-2015, which are renumbered for purposes of the Fire Code Referenced Standard as 12.1.8 and 12.1.8.1 respectively, except:
         32.1.   In the second sentence of Section 11.2.7.1(2), replace "Tubing" with "Hose/tubing", replace "clamped" with "gas-tight", and add a sentence at the end, to read "Prior to each use, all connections shall be verified for tightness.".
         32.2.   Add a new Section 11.2.7.1(5), to read "(5) Combustible materials shall be kept at least 0.610 m (2 ft) away from the open flame.".
      33.   Add a new section, 12.1.8.2, by inserting the text of Section 11.2.7.2 of NFPA 45-2015, which is renumbered for purposes of the Fire Code Referenced Standard as 12.1.8.2, except:
         33.1.   In Section 11.2.7.2, replace "11.2.7.1" with "12.1.8.1".
         33.2.   In Section 11.2.7.2(1), insert "(0.1 pt)" after "50 ml".
      34.   In Section 12.2.1.1, delete ", including NFPA 70, National Electrical Code" and replace with "and the Electrical Code".
      35.   In Section 12.2.2.2, delete "Article 501 of NFPA 70, National Electrical Code" and replace with "the Electrical Code".
      36.   In Section 12.2.2.2.1(1), delete "Article 501 of NFPA 70, National Electrical Code" and replace with "the Electrical Code".
      37.   In Section 12.2.2.3, delete "Article 501 of NFPA 70, National Electrical Code" and replace with "the Electrical Code".
      38.   Add a new chapter, 14, by inserting the text of Chapter 12 of NFPA 45-2015, except:
         38.1.   Chapter 12 is renumbered as 14.
         38.2.   Section 12.1 is renumbered as 14.1, except delete "new and existing".
         38.3.   Add a new section, 14.2, to read "14.2 Supervision. Educational laboratory units and instructional laboratory units shall be under the direct supervision of an instructor while the laboratory is in operation."
         38.4.   Add a new section, 14.3, to read "14.3 Hazard Risk Assessment. Prior to instructors performing demonstrations or students conducting experiments using hazardous chemicals, a documented hazard risk assessment shall be performed. A hazard risk assessment is a written document prepared by a qualified person, and shall include all of the following:
            (1)   An evaluation of the hazards of the demonstration or experiment;
            (2)   Appropriate personal protective equipment required;
            (3)   Safe work procedures;
            (4)   Emergency procedures; and
            (5)   Waste disposal procedures."
         38.5.   Section 12.2 is renumbered as 14.4 and in such section, replace "Where" with "Whenever", and replace "required to perform a documented hazard risk assessment, provide a safety briefing to students, provide adequate personal protective equipment (PPE), and place a safety barrier (as required)" with "fully familiar with the hazard risk assessment, provide a safety briefing to students, ensure that adequate personal protective equipment has been provided and is being properly used, and ensure that safety barriers, when required by 14.5.2.1.3, are in place".
         38.6.   Section 12.2.1 is renumbered as 14.4.1, except replace "PPE" with "personal protective equipment".
         38.7.   Section 12.3 is renumbered as 14.5.
         38.8.   Section 12.3.1 is renumbered as 14.5.1 and in the first sentence of such section, replace "labs" with "laboratories", in the second sentence of such section, replace "lab classroom" with "laboratory" and replace "one day's use, preapportioned to the amount needed for each class session" with "daily use in the laboratory", and in the last sentence of such section, replace "amount of chemical that is not in use during an individual class session" with "chemicals stored in an educational laboratory" and add at the end ", except for the amounts actually in use during an individual class session".
         38.9.   Section 12.3.1.1 is renumbered as 14.5.1.1, except replace "9.1.1" with "10.1.1" and replace "fire or building codes" with "the Fire Code and the Building Code".
         38.10.   Section 12.3.1.2 is renumbered as 14.5.1.2.
         38.11.   Section 12.3.1.3 is renumbered as 14.5.1.3.
         38.12.   Section 12.3.1.4 is renumbered as 14.5.1.4.
         38.13.   Section 12.3.1.5 is renumbered as 14.5.1.5, except replace "only when" with "while".
         38.14.   Section 12.3.2 is renumbered as 14.5.2.
         38.15.   Section 12.3.2.1 is renumbered as 14.5.2.1, except replace "12.3.2.1.1", "12.3.2.1.2", "12.3.2.1.3" and "12.3.2.1.4" with "14.5.2.1.1", "14.5.2.1.2", "14.5.2.1.3" and "14.5.2.1.4" respectively.
         38.16.   Section 12.3.2.1.1 is renumbered as 14.5.2.1.1, except delete "primary".
         38.17.   Section 12.3.2.1.2 is renumbered as 14.5.2.1.2, except delete "being evolved" at the end of the first sentence, and delete the last sentence.
         38.18.   Section 12.3.2.1.3 is renumbered as 14.5.2.1.3, except replace "12.3.2.1.4" with "14.5.2.1.4".
         38.19.   Section 12.3.2.1.4 is renumbered as 14.5.2.1.4.
         38.20.   Section 12.3.2.2 is renumbered as 14.5.2.2.
         38.21.   Section 12.3.2.3 is renumbered as 14.5.2.3, except replace "In educational and instructional laboratories where experiments are conducted by students, the" with "The", replace "be responsible for conducting" with "conduct", and insert "conducted by students" between the words "experiment" and "to".
(Am. eff. 1/1/2016)
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