Public comments for: 3RCNY 115-02 Issuance of Proof of Compliance to Company Certificate Holders

Comments

Comment:
The proposed rule does not enhance regulations against counterfeit tags or stickers. This rule would not address business owners ability to assess whether the companies are properly servicing their equipment. The FDNY company list already provides evidence of which companies are listed and which companies are not listed. It is the responsibility of the business owner to ensure they are familiar with the list to ensure they are using a compliant company. The business owner should be receiving violations if they are using a non compliant company, and not doing their due diligence to vet a company before allowing them to work on the premise. Fire inspectors should not only be looking at tags on extinguishers, but they should also be looking that company up in their records to ensure that the company is still licensed and compliant to conduct business. Purchasing Decals and tags specifically and only from the NYC Fire Department conflicts with NY state regulations against "Unfair Competition" legislation. Any current business offering service tags would immediately lose all of this business, and this business would go directly to the fire department which would be against state competition laws. The fire department cannot create a law to monopolize the industry by restricting the purchasing of tags only to their agency. The laws of competition allow for products to be purchased based on quality of service and competitive pricing. FDNY approved kitchen hood companies or fire extinguisher companies should be able to use a tag company that has competitive pricing, which this rule threatens to disallow. If the FDNY wants to regulate the service tags and decals, the best way to go about it would be to regulate the tagging industry. Tag & label providing agencies should be to be compliant with FDNY rules, and should be audited to ensure compliance. A listed number of companies should be allowed to ship fire department approved tags throughout New York City, and the fire department should be able to audit these agencies. In todays day and age, eventually everything can be counterfeited. Pushing all label and tag procurement funnel through the fire department would not solve a compliance issue.
Agency: FDNY
Comment:
I largely disagree with the proposal to have to use FDNY tags to service fire extinguishers. This will put an added cost & an inconvenience to our company. we are a well respected company with technicians that are certified by the FDNY to service fire extinguishers. Why should reputable companies like ourselves but punished for the mistakes of the few bad companies.
Agency: FDNY