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Proposed Rules: Open to Comments

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Comment By: 
Monday, September 17, 2018
Proposed Rules Content: 


Statement of Basis and Purpose of Proposed Rule


The Fire Department proposes to adopt a new rule, 3 RCNY §401-07, to establish standards, requirements and procedures for the conduct of fire drills and non-fire emergency drills.


The proposed rule applies to office buildings, hotels and all other Group B and Group R-1 occupancies required by the 2014 Fire Code to have an emergency preparedness plan and a Fire and Life Safety (FLS) director (or a Fire Safety Director transitioning to an FLS director), and in all homeless shelters similarly required to have an FLS director or a Fire and Emergency Preparedness Coordinator.  The Fire Department encourages voluntary compliance with this rule in other occupancies conducting fire and/or other emergency preparedness drills.


The proposed rule outlines the critical information that needs to be communicated during these drills. The Department’s goal is to ensure that these drills effectively communicate important public safety information about fire and non-fire emergencies in a manner meaningful to building occupants.


The proposed rule also requires that persons conducting fire drills or non-fire emergency drills possess a Fire Department Certificate of Fitness.


The proposed rule details the location of the presentation and effective presentation techniques, including use of visual enhancements, and lessons learned from actual emergency incidents.  The proposed rule also provides drill presentation requirements including:


·        the importance of calling 911 and notifying building emergency preparedness staff;

·        a description of the building and building systems;

·        a description of the fire alarm system, methods of notification and announcements, operation of manual pull stations, and use of warden phones;

·        the location and use of means of egress;

·        fire emergency procedures in buildings of combustible construction and noncombustible construction; and

·        non-fire emergency procedures.


The proposed rule is intended to promote the participation in drills of persons with disabilities or other functional needs, who will need assistance in evacuation or in-building relocation, and to require that the information be communicated to them in some other manner if they cannot participate.  It requires that the drills address issues relating to people who will need assistance, including encouraging such persons to establish a network of supports, by identifying themselves in accordance with building emergency preparedness procedures to make building emergency preparedness staff aware of their needs, and by introducing themselves to co‑workers willing and able to provide assistance in a fire or non-fire emergency.


Appendix A to the proposed rule provides medical emergency procedures designed to help expedite the aid provided by emergency responders on scene.  An owner must implement the medical emergency procedures set forth in this proposed rule.  Appendix B to the proposed rule provides active shooter emergency procedures recommended by the Fire Department, which it developed with the New York City Police Department. While an owner may develop and implement its own active shooter procedures to reflect the specific conditions in its building or occupancy, the Fire Department recommends the procedures set forth in Appendix B as the appropriate training to provide building occupants in the typical building or occupancy.


The entire proposed rule is underlined, indicating that it is a 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.



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Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board


Notice of Promulgation of Rule


NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the  Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter and Section 28-202.1 of the New York City Administrative Code. OATH ECB repeals its Fire Penalty Schedule, found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), which contains penalties for summonses issued by the New York City Fire Department (FDNY) for violations of Title 3 of the RCNY and Titles 15, 28, and 29 of the New York City Administrative Code. FDNY promulgated a rule adding the Fire Penalty Schedule to its rules.


The proposed rule was published in The City Record on July 14, 2017, and a public hearing was held on August 15, 2017. No one attended the public hearing and OATH ECB did not receive any written comments concerning this rule. 



Statement of Basis and Purpose


The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Fire Penalty Schedule rule, which consists of Fire Penalty Schedule I and Fire Penalty Schedule II.  This schedule is found in 48 RCNY § 3-106, and contains penalties for violations of provisions in Titles 15, 28, and 29 of the New York City Administrative Code, and Title 3 of the Rules of the City of New York. At the same time, FDNY enacts a Fire Penalty Schedule within its own rules, which is located in 3 RCNY § 109-03. OATH ECB is repealing all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be relocated to the rules of the agencies with rulemaking and policymaking jurisdiction over the laws underlying the violations.


Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule also makes it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the rule repeal speeds up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.


Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This rule repeal was identified as meeting the criteria for this initiative.



New material is underlined.

[Deleted material is in brackets.]


Section 1. The Fire Penalty Schedule, which consists of Fire Penalty Schedules I and II and is found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

Effective Date: 
Fri, 09/29/2017