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Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF FINAL 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Repeal of Outdated BSA Rules and Reorganization of Building Design Rules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  The new codes and rules promulgated thereunder by DOB and FDNY superseded the provisions of the BSA rules with respect to the design and construction of new buildings and the operation and maintenance of existing buildings.  However, sometimes building owners and developers are confused as to whether the BSA requirements, which were never repealed or amended, remain in effect or are applicable to particular projects or installations.

 

The purpose of this rulemaking is to eliminate outdated BSA rules that have been superseded by the New York City Fire Code and to transfer to FDNY rules any remaining provisions of BSA rules relating to matters now regulated by the Fire Code that need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buildings and building systems (which are now regulated by the Building Code or other Construction Codes) are not being repealed but, like old building codes, will be kept in place for purposes of preserving pre‑existing design requirements.  The only exception are the BSA rules relating to construction site requirements, which are being repealed as they have no continuing applicability and have been wholly superseded by Building Code and Fire Code requirements.

 

The BSA rules being 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 is included as Chapter 5 of the BSA rules.

Effective Date: 
Sun, 05/05/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 25, 2019
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Fire Department rule 3 RCNY §4601-01 sets forth amendments to the fee provisions of the Fire Code, and reflects these new fees by bracketing and underlining, as applicable, the existing text of Sections A03 and A04 of Appendix A to the Fire Code.

 

The Fire Department proposes to amend the provisions relating to fees for plan examinations set forth in FC A03(51) and to amend FC A04 to include a document management fee for certain plan examination filings.  These changes are being proposed at this time to implement Local Law No. 195 of 2018 (Local Law 195), which eliminated New York City Department of Buildings (DOB) review of plans and other design and installation documents for fire alarm, emergency alarm, auxiliary radio communication, and fire extinguishing systems, and fire protection plans.  The Fire Department also proposes to amend FC A03 to include fees for late plan filings and for supplemental reviews of new technology applications and other applications requiring complex technical analyses.

 

Fire Alarm, Emergency Alarm, Auxiliary Radio Communication and Fire Extinguishing System/ Fire Protection Plan Fees

 

DOB currently reviews fire alarm, emergency alarm, auxiliary radio communication and fire extinguishing system plans for compliance with zoning, licensing and asbestos inspection requirements; issues work permits authorizing installation of these systems; and posts information about the applications, approvals and permits on its website.  Fire protection plans – narrative statements describing buildings’ fire protection systems –  are also filed with DOB.

 

To consolidate and streamline the plan review and approval process, Local Law 195 transferred these tasks to the Fire Department, effective on or about May 30, 2019. Local Law 195 eliminated the requirements for DOB filings and work permits, thereby eliminating the applicable DOB application and permit fees.

 

The Fire Department proposes to adopt fees that will enable the agency to hire staff to perform the administrative tasks previously performed by DOB. Specifically, the Fire Department proposes to adopt a document management fee of $165 per application (the same fee previously charged by DOB) to support the cost of processing applications, establishing a public portal on the Fire Department’s website and maintaining electronic records of all applications.  This fee would be added to the list of fees for administrative services set forth in FC A04.

 

The document management fee would apply to any application for a fire alarm system, emergency alarm system, auxiliary radio communication system, or fire extinguishing system, and to any other application not requiring a work permit from DOB (and thus requiring Fire Department administrative review of the application for items normally reviewed by DOB).

 

The Fire Department has determined that the costs involved in these administrative tasks exceed the $165 that the Fire Department proposes to charge.

 

Additionally, the Fire Department proposes to charge a fee of $420 for reviews of fire protection plans, which are reviewed by the Emergency Planning and Preparedness Unit of the Bureau of Fire Prevention to confirm that they are in compliance with applicable code requirements.  .  This is the same amount the agency currently charges for review of fire protection plans, and reflects an average of two hours of review time.

 

Article 109 of Chapter 1 of the New York City Construction Code requires that fire protection plans be filed for covered buildings (including all new high-rise buildings, most hotel and institutional buildings, buildings with assembly spaces of 300 or more persons, and various other occupancies), as well as when the building undergoes a substantial alteration or change in use and occupancy.

 

Late Plan Filings

 

Local Law 195 amended the New York City Fire Code to clarify that when Fire Department approval of plans is required, such approval must be obtained prior to commencing work on the installation.  FC105.4.3 was amended to read as follows:

 

Approved documents required.  When department review of design and installation documents is required by this code or other laws, rules or regulations, it shall be unlawful to construct or alter any facility, or install, alter or remove any device, equipment or system, without first having obtained department approval of the design and installation documents.

 

In order to promote compliance with this provision, the Fire Department proposes to adopt late plan filing fees similar to the late fees for renewals of Fire Department certificates and permits authorized in FC 117.

 

The purpose of these late plan filing fees would be to discourage applicants from performing work without approved plans.  (Such unauthorized work would also be subject to issuance of violations and other enforcement action.)

 

The Fire Department proposes to impose a fifty percent (50%) surcharge for plans filed after the date of commencement of work without approved plans, up to one year from such date, and a one hundred percent (100%) surcharge for plans filed more than one year after such date.

 

New Technology Applications and Other Applications Requiring Complex Technical Analyses

 

The Fire Department regularly receives applications for approval of new technologies.  More resources in time and labor are required for review of these applications in order to understand and evaluate the fire safety of the technology and the particular application or installation.

 

For example, the Fire Department regularly reviews applications for outdoor stationary storage battery systems that utilize lithium-ion and other new battery technologies.  A plan review associated with such an applications, which is conducted by the engineering staff of the Bureau of Fire Prevention’s Technology Management Unit, is highly complex.  In addition to reviewing the design of standard fire protection systems and other fire safety features and components, the plan review requires an analysis of the technology and system design.

 

The Fire Department currently charges a fee of $420 for review of plans, specifications and other design and installation documents.  The fee is set forth in FC A03(51) and represents an average of two hours’ review of each application.  Rather than increase nationally recognized testing laboratories – require detailed technical analysis beyond the average of two hours reflected in the standard plan review fee.  Such submissions require comprehensive and highly complex technical analyses by Fire Department engineers in order to determine the merits of the application.

 

The Fire Department proposes to adopt a supplemental fee of $525 for review of new technology applications and other applications involving complex technical analyses.  This includes all applications filed pursuant to Fire Code Section FC102.8, which authorizes the Fire Department to establish fire safety requirements for any material operation or facility not addressed by the Fire Code, and FC104.9, which authorizes the Fire Department to approve alternative devices, equipment and systems not specifically prescribed or prohibited by the Fire Code.  This supplemental fee reflects an average of 2.5 additional hours spent reviewing such applications.

 

Material newly added to 3 RCNY §4601-01 is underlined.  Material to be deleted is in [brackets].

 

Certain text has been highlighted as a note to the publisher.  Blue highlighting of text indicates that the underlining should be retained in the publication of the final rule, to reflect the changes to the Fire Code fee schedule.

the base fee for design and installation document review (which applies to many other types of applications), the Fire Department proposes to adopt a supplemental fee to reflect the additional time required to review new technology applications and applications requiring complex technical analyses.

 

Battery storage systems and other new technology applications – including but not limited to fluid fire dynamic simulation studies and fire test results by

 

“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.

Subject: 

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Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, September 11, 2015
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

The proposed rule adds a new section 3610-04 regarding multicompartment elevators to Title 1 of the RCNY.  The proposed rule will update the provisions of section 2.27 of American Society of Mechanical Engineers (“ASME”) standard A17.1-2000 to conform it to the requirements of ASME A17.1-2013.  By requiring additional safety enhancements for multicompartment elevators during fire emergency operations, the updated standard will also enhance public safety.   

The Department of Buildings’ authority for this proposed rule is found in sections 643 and 1043 of the New York City Charter, section 28-103.19 of the New York City Administrative Code and section BC 3001.2 of the New York City Building Code.

New material is underlined.

[Deleted material is in brackets.]




Location: 
Department of Buildings
280 Broadway, 6th floor
New York, NY 10007
Contact: 

No contact