Repeal of Outdated BSA Rules and Reorganization of Building Design Rules

Proposed Rules: Open to Comments

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Thursday, March 14, 2019
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STATEMENT OF BASIS AND PURPOSE OF PROPOSED RULE

 

Repeal of Outdated BSA Rules and Reorganization of Building Design Rules

 

Prior to 1968, BSA was responsible for adopting standards regulating fire safety in buildings and construction sites.  Among other things, BSA adopted rules relating to fire alarm systems and other fire protection systems, and construction site requirements.

 

With the enactment of the 1968 Building Code, and later, the 2008 Building Code and 2008 Fire Code, the New York City Department of Buildings (DOB) and FDNY took over this role.  The new codes and rules promulgated thereunder by DOB and FDNY superseded the provisions of the BSA rules with respect to the design and construction of new buildings and the operation and maintenance of existing buildings.  However, sometimes building owners and developers are confused as to whether the BSA requirements, which were never repealed or amended, remain in effect or are applicable to particular projects or installations.

 

The purpose of this proposed rulemaking is to eliminate outdated BSA rules that have been superseded by the New York City Fire Code and to transfer to FDNY rules any remaining provisions of BSA rules relating to matters now regulated by the Fire Code that need to be retained.

 

The BSA rules that relate to the design of buildings and building systems (which are now regulated by the Building Code or other Construction Codes) are not proposed to be repealed but, like old building codes, will be kept in place for purposes of preserving pre‑existing design requirements.  The only exception are the BSA rules relating to construction site requirements, which are proposed to be repealed as they have no continuing applicability and have been wholly superseded by Building Code and Fire Code requirements.

 

The BSA rules proposed to be retained have been reorganized into two chapters in a manner designed to clarify their applicability.  New introductory sections have been included that set forth the scope of each chapter, place the BSA rules in the proper context, and alert the reader to the requirements of the New York City Construction Codes.  A cross-reference table indicating the disposition of each BSA rule provision and any new BSA or Fire Department section number would be included as Chapter 5 of the BSA rules.

 

Specifically, BSA proposes the repeal of the following BSA rule provisions, which are addressed by existing Building Code, Fire Code and/or FDNY rule provisions:

 

Section of

BSA Rules

Type of Requirement

BC/FC Section

Proposed Disposition/ Comments

§3-02 Alteration, Repair, Excavation for and Demolition of Building.

(except sections indicated below)

Design/Construction

BC Chapter 33

Repeal.

Superseded by Building Code construction requirements

§3-02 (e) General requirements

(7) Salamanders and other heating devices

Operation

FC 307.6;

313.6;

1403.1.6;

3 RCNY

307-01;

1403-01;

3809-01(j)(2)

Repeal.

Superseded by Fire Code and FDNY rule requirements

§3-02 (e) General requirements

(17) Storage of material and equipment

(18) Storage and disposal of debris

(19) Corrosive substances

Operation/Maintenance

BC3303.4.7

BC3303.5

FC 304;

1405;

FC Chapter 31

Repeal.

Superseded by Building Code and Fire Code requirements

§3-02 (i) Demolition operations

(18) Storage of material

(19) Burning at site

Operation

BC3306.9.11

FC 307.1;

1404.3

Repeal.

Superseded by Building Code and Fire Code requirements

§3-02 (i) Demolition operations

(20) Fire Protection and Fire Extinguishers

Operation/Maintenance

BC 3303.7

BC3303.8;

FC 906;

912.3;

1413.2

1414.1

Repeal.

Superseded by Building Code and Fire Code requirements

§3-02 (j) Equipment

(25) Explosives

(i) Storage, Sales, Transportation, Use or Possession of Explosives, Generally

(A) Permit

(B) Guncotton and Soluble Cotton

(C) Nitro-glycerine

(D) Transportation or Delivery

(E) Supervision

(F) Unapproved Kinds, Types or Brands

(j) Equipment

(25) Explosives

(ii) Blasting Operations

Operation/Maintenance

FC 105.6;

1407.1;

2707.6;

3301.5;

3307.

3 RCNY

2707-02

Repeal.

Superseded by Fire Code and FDNY rule requirements

 

§5-01 Coin-Operated Dry Cleaning Establishments.

Design/Construction/

Operation/Maintenance

FC 105.6;

FC Chapter 12

Repeal.

NYC Department of Environmental Protection (DEP) rule 15 RCNY 12‑04 prohibits use of self-service dry cleaning machines using perchlorethylene after May 15, 1997

 

§6-01 Elevator Readiness and Operator Availability to Assist in Fire Department Access During Hours When the Building is Normally Closed.

Operation

FC 506.2;

506.3;

607

Repeal.

Superseded by Fire Code

requirements

 

§8-01 Installation of Interior Fire Alarm Signal Systems.

(n) Acceptance test.

(p) Maintenance.

Operation/Maintenance

BC901.5.

FC 105.1;

105.2.2;

901.1.1;

901.6;

901.7;

907.3.3;

907.17;

907.18;

NFPA 72-2010

(as modified by FC Appendix B).

Repeal.

Superseded by

Building Code

and Fire Code

requirements

 

§ 10-02 Fire Extinguishing Appliances – Sprinkler Systems.

(uu) Maintenance inspection.

Maintenance

FC 901.5;

901.6.1

903.5;

903.6;

1414;

3 RCNY §901-02; 903‑01;

912-01;

NFPA 25-2011

Repeal.

Superseded by Fire Code and FDNY rule requirements

 

§ 10-03 Fire Extinguishing Appliances – Standpipe and Fireline.

(c) Monthly inspections.

(e) Elevator in readiness.

Operation/Maintenance

FC 607;

901.6;

3 RCNY §912-01;

NFPA 25-2011

Repeal.

Superseded by Fire Code and Fire Department rule

requirements

 

§ 12-02 Tests of Fire-Resistive, Flameproofed Materials Used in Places of Public Assembly and Special Occupancy Structures.

Operation/Maintenance

FC 805;

3 RCNY §805-01; NFPA 701-2010.

 

Repeal.

Superseded by Fire Code and Fire Department rule requirements

 

§16-01 Installation and Use of Oil Burning Equipment and the Storage of Oils Used in Connection Therewith.

(j)(4) Fee for permit and test of storage tanks

(o)(2) Instruction cards and certificates of fitness

Operation/

Maintenance

FC113

FC603.1.8

FC Appendix A

3 RCNY §113­01

Repeal.

Superseded by Fire Code and Fire Department rule requirements

 

§25-01 Arc and Gas Welding and Oxygen Cutting of Steel.

Design/Construction

NYC Admin Code 28-407;

BC1704;

2201;

2205-2207;

2209-2210

Repeal.

Superseded by

Building Code requirements and Construction Code General Administrative Provisions

 

§25-02 Electroslag Welding.

Design/Construction

NYC Admin Code 28-407;

BC1704;

2201;

2205-2207;

2209-2210

Repeal.

Superseded by

Building Code requirements and Construction Code General Administrative Provisions

 

§26-01 Liquefiers Used to Convert Solid Carbon Dioxide to a Liquid and/or a Gas.

Design/Construction/

Operation/Maintenance

N/A

Repeal.

No longer in use.

         

 

BSA additionally proposes the repeal of the following BSA rule provisions, which FDNY proposes to incorporate in whole or in part into FDNY rules:

 

Section of

BSA Rules

Type of Requirement

BC/FC Section

Proposed Disposition/

Comment

§3-02 (e) General requirements.

(4)(i) Fire extinguishers and fire protection.

Operation

FC 304.3;

508.5;

906;

912.2;

1404.2;

1412-1415.

3 RCNY §1401-01 

Repeal.

Transfer to FDNY rule 3 RCNY 1401‑01 as new subdivision (c)(18) requirement of 5‑foot clearance from hydrants at construction sites

 

Section of

BSA Rules

Type of Requirement

BC/FC Section

Proposed Disposition/ Comments

§5-02 Non-Coin-Operated Dry Cleaning Establishments.

(a) through (h)

Design/Construction/

Operation/Maintenance

FC 105.6;

FC Chapter 12;

FC 2703.1;

FC Chapter 34;

NFPA 32 (2007); NFPA 101 (2006)

Repeal.

Transfer to new FDNY rule 3 RCNY 4801-01 provisions applicable to pre-existing facilities.

Pursuant NYC Department of Environmental Protection rule

15 RCNY §12-04, all dry cleaning facilities installed in residential buildings before December 21, 2005 must eliminate perchlorethylene use by December 21, 2020.

§8-01 Installation of Interior Fire Alarm Signal Systems.

(o) Daily and monthly test.

Operation/Maintenance

907.20.2;

NFPA 72-2010

(as modified by FC Appendix B).

Repeal.

Transfer to new FDNY rule 3 RCNY 4801-01 provisions applicable to pre-existing facilities and clarify that, consistent with current Fire Code procedures, daily testing is only required for systems without a control panel capable of receiving and displaying supervisory or trouble signals.

§ 15-01 Clearance Between Storage Vessels and Adjacent Structures.

Design/Construction/

Operation/Maintenance

 

Repeal.

Transfer to new FDNY rule3 RCNY 4801‑01 provisions applicable to pre-existing facilities.

§18-01 Use of Equipment for Spraying and Drying of Paints, Varnishes, Lacquers and Other Flammable Surface Coatings and Storage of Such Materials.

Design/Construction/

Operation/Maintenance

FC1503

Repeal.

Transfer to new FDNY rule 3 RCNY 4801-01 provisions applicable to pre-existing facilities.

 

These BSA rule provisions are proposed to be incorporated into Fire Department rules unchanged, with two exceptions.  The fire alarm system testing provisions of §8‑01(o) have been revised in new Fire Department rule §4801-01(e) to apply current Fire Code inspection and testing procedures to such fire alarm systems if they are equipped with a control panel capable of receiving and displaying supervisory or trouble signals indicating that particular components of the fire alarm system are not functioning, require servicing or are otherwise not in good working order.  The spray paint booth regulations of §18-01(d) have been revised in new Fire Department rule §4801-01(g) to omit reference to asbestos as a fireproofing material.

 

FDNY Enforcement of BSA Resolutions

 

BSA also proposes to adopt a new rule, 2 RCNY §1-15, that specifically authorizes FDNY to enforce BSA resolutions within the scope of FDNY’s enforcement authority.

 

In accordance with BSA rule 2 RCNY §1-12.1, final determinations of the BSA are in the form of a written resolution.  Resolutions recite the rule, regulation, order, requirement, decision or determination upon which an application has been made; proceedings before the Board, including plans and other submissions; findings and conclusions of the Board; the decision on an application; and, if an application is approved, the terms and conditions for approval.  The resolutions are published by the agency in bulletins of its proceedings, posted on BSA’s website, and subject to judicial review pursuant to §25-207 of the New York City Administrative Code and Article 78 of the New York Civil Practice Law and Rules.

 

Most BSA resolutions are sought by building owners and developers and are self‑enforcing in the sense that, once BSA approval is obtained, it is in the interest of the owners and developers to reference and incorporate the approval into the plans they file with DOB.

 

However, from time to time, FDNY will apply to BSA to amend a Certificate of Occupancy to require installation of fire protection systems based on a change in use and occupancy of a premises.  BSA may also condition the granting of an approval to a private party upon compliance with certain fire safety measures.  These BSA approvals are not self-enforcing.  FDNY is generally the agency inspecting and enforcing such fire-safety-related requirements arising from BSA approvals.

 

BSA has no mechanism in place to issue violations for failing to comply with the terms and conditions of its approvals, as set forth in its resolutions.  BSA can enforce such terms and conditions by rescinding the approval, but generally this would have the effect of rendering an existing building or use illegal.  Such a remedy is not always the most appropriate or expeditious enforcement method for obtaining compliance with the terms and conditions of a BSA approval.

 

FDNY has broad enforcement authority and comprehensive inspection programs.  It is authorized by the New York City Charter to enforce BSA rules and by the NYC Administrative Code to enforce fire-safety-related requirements of the Construction Codes.

 

BSA and FDNY have concluded that it would be in both agencies’ interest – and in the interest of public safety – to adopt a rule that specifically authorizes FDNY to enforce BSA resolutions within the scope of FDNY’s enforcement jurisdiction.

Public Hearing
Subject: 

.

Public Hearing Date: 
Thursday, March 14, 2019 - 11:00am
Contact: 

No contact

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