Pre-Existing Facilities and Conditions

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, September 15, 2014
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose of Proposed Rule Amendments

 

The Fire Department is proposing to amend rule 3 RCNY §102-01, entitled “Pre-Existing Facilities and Conditions,” to address pre-existing conditions and facilities arising from enactment of an amended New York City Fire Code by Local Law No. 148 of 2013, and projects in progress as of March 30, 2014, the effective date of the amended Fire Code.

 

Section 102-01 currently expands upon the Fire Code provision (FC102.3) that addresses facilities and conditions lawfully existing on July 1, 2008, the effective date of the Fire Code.   Section FC102.3 allows facilities and conditions lawfully existing as of that effective date to be continued under the laws, rules and regulations under which those facilities and conditions were allowed or approved, subject to certain conditions.

 

The proposed rule would amend and update Section 102-01 to address facilities designed and installed under the Fire Code that took effect on July 1, 2008 (or other lawful conditions arising after that date) that would no longer be allowed under the amended Fire Code that took effect on March 30, 2014.  The section would also be amended to clarify the purpose and meaning of the section and provide additional illustrative examples.  For example, dead end fire apparatus turnarounds and paint spray booths that were approved and constructed under pre-existing Fire Code and Fire Department rule provisions may be maintained in accordance with those provisions even though the Fire Code or rule requirements for such facilities have changed.

 

Section 102-01 also makes provision for buildings designed and approved for construction prior to July 1, 2008, the effective date of the Fire Code, but not completed.  It allowed, for a specified period of time, such “projects in progress” to be constructed in accordance with the Fire Code design and installation requirements in effect at the time the Department of Buildings work permit was issued, subject to certain conditions.

 

The proposed rule would amend and update Section 102-01 to address buildings designed and approved for construction prior to March 30, 2014, the effective date of the amended Fire Code, but not completed.  It would allow, for 18 months, such “projects in progress” to be constructed in accordance with the Fire Code design and installation requirements in effect at the time the Department of Buildings work permit was issued, subject to certain conditions.

 

The Fire Department’s authority for this rule is found in Sections 489 and 1043 of the New York City Charter and Section FC102.6.3 of the New York City Fire Code, Title 29 of the New York City Administrative Code.

 

Terms used in the proposed 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 to be 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.

 

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.

Public Hearing
Subject: 

Pre-Existing Facilities and Conditions

Public Hearing Date: 
Monday, September 15, 2014 - 11:00am
Contact: 

No contact

Location: 
Fire Department Auditorium
9 MetroTech Center
Brooklyn, NY 11201