Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
As enacted in 2008, the New York City Fire Code prohibited the use of coke-fueled salamanders. Coke is a type of charcoal burned in open metal containers called salamanders, in order to generate heat to dry and cure the concrete and plaster used at construction sites. In response to construction industry requests and pursuant to its authority under Section FC104.8 of the Fire Code, the New York City Fire Department allowed the use of coke-fueled salamanders at construction sites on a case-by-case basis. The Fire Department granted modifications where applicants obtained a permit for this use, a person holding a Fire Department certificate of fitness supervised the use, and other safety precautions were observed.
Local Law No. 148 for the year 2013 amended the Fire Code to allow coke-fueled salamanders for construction-related drying and curing. In accordance with the new Fire Code sections (FC 307.1 and 307.6), the proposed rule provides storage, handling and use requirements for coke-fueled salamanders at construction sites. The proposed provisions govern the design of the salamanders; restrict the purposes for which, and locations at which, they may be used; mandate the monitoring of their use; and address their proper use, cleaning and replacement.
The proposed rule incorporates existing permit, certificate of fitness and other requirements for the storage, handling and use of coke salamanders. This rule does not provide the one-year compliance period afforded new permit and certificate requirements.
The Fire Department’s authority for this rule is found in Sections 489 and 1043 of the New York City Charter and Sections FC 102.6.3, 307.1(5) and 307.6 of the New York City Fire Code (Title 29 of the Administrative Code of the City of New York).
The proposed rule is underlined, indicating that it is an entirely new rule.
“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.
Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website, www.nyc.gov/html/fdny/html/firecode/index.shtml#p6.