Amendments to Fire Department Rules 3 RCNY Sections 109-01 and 109-02

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, April 10, 2014

Statement of Basis and Purpose of Final Rule


The Fire Department has amended two Fire Department rules, 3 RCNY §109-01, entitled “Notice of Violation, Certification of Correction and Stipulation Procedures”, and 3 RCNY 109-02, entitled “Consolidation of Administrative Code Provisions For Enforcement Purposes.”


The amendments to 3 RCNY §109-01 have been made to reflect the current unit within the Fire Department to which certificates of correction of violations should be directed.


The amendments to 3 RCNY §109-02 have been made as a result of the enactment of Local Law No. 148 of 2013, which amended the New York City Fire Code, effective March 30, 2014.


The amendments to Section 109-02 incorporated the new or amended Fire Code section numbers into the rule and deleted the section numbers that have been repealed or renumbered.  In addition, the violation categories set forth in Section 109-02 have been amended as follows:


·         Violation Category 5 has been amended to limit its application to recordkeeping violations, with posting of permits moved to Violation Category 6 (“Signs, Postings, Notices and Instructions”);


·         Violation Category 8 has been amended to include storage of combustible material;


·         Violation Category 9 has been amended to include rooftop access; and


·         Violation Category 30 has been amended to include emergency preparedness for all buildings and occupancies subject to emergency preparedness requirements, not just office buildings, hotels and motels, and to include the preparation of an emergency preparedness plan (formerly referenced in Violation Category 19).


The final rule includes one change from the proposed rule, which was published on February 12, 2014.  Section 109-02(b) has been amended to conform the terminology of Violation Category 24 to that of the Notice of Violation form that has been in use since May 2012.  With the approval of the Environmental Control Board, the heading of Violation Category 24 was revised at that time from “Racks and Shelf Storage” to “Storage of Hazardous/Combustible Materials,” which more clearly indicated the regulated materials to which the section applied.  This final rule amends the heading of Violation Category 24 to “Storage of Hazardous Materials and Commodities” (combustible materials having already been incorporated by the rule into Violation Category 8) and makes one other conforming text change.


The Fire Department’s authority for this rule is found in Sections 489 and 1043 of the New York City Charter and Section 102 of the New York City Fire Code.


Terms used in the final rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.


New material is underlined.  Material that has been deleted is in [brackets].


“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.