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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Notice of Adoption of Traffic Rules related to pedestrian control signals. 

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of Transportation by Sections 1043 and 2903 of the New York City Charter and in accordance with Section 19-195 of the Administrative Code of the City of New York and the requirements of Section 1043 of the New York City Charter, that the Department of Transportation hereby amends subdivision (b) of Section 4-01, subdivisions (a) and (c) of Section 4-03, and subdivision (a) of Section 4-04 of Chapter 4 (“Traffic Rules and Regulations”) of Title 34 of the Rules of the City of New York.

 

These rules were first published on November 29, 2016, and a public hearing was held on December 29, 2016. 

 

Statement of Basis and Purpose of Adopted Rule

 

The Commissioner of the New York City Department of Transportation (DOT) is authorized to make rules regarding pedestrian traffic in the City pursuant to Section 2903(a) of the New York City Charter.  

 

Local Law 115 of 2016 amended the New York City Administrative Code by adding a new Section 19-195 regarding pedestrian control signals.  

 

Based on the provisions of Section 19-195, this rule:

 

·        

Adds a new definition for the term “pedestrian countdown display” to Section 4-01(b) of Title 34.

 

·        

Conforms the provisions in Sections 4-03(a)(2)(ii) and 4-03(c) of Title 34, regarding traffic and pedestrian control signals and pedestrian right of way, to the newly enacted Local Law 115 of 2016.

 

·        

Corrects an internal cross-reference within Section 4-04(a) of Title 34.

 

In 2014, Mayor de Blasio launched the Vision Zero action plan – an ambitious plan to reduce traffic fatalities in New York City. Vision Zero accepts no traffic fatality as inevitable. Vision Zero allows government agencies, industry groups, key transportation stakeholders and the public to understand traffic crashes as the result of a series of actions that can be changed or prevented through enforcement, education and design.  The Mayor has signed several local laws to implement Vision Zero.  Each law mandates specific requirements for one or more of the agencies involved in directly implementing Vision Zero.  This adopted rule supports the goals of Vision Zero.

 

New material is underlined.

[Deleted material 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.

 

Adopted Rules

 

§ 1.      Subdivision (b) of section 4-01 of title 34 of the rules of the city of New York is amended by adding a new definition of “pedestrian countdown display” in alphabetical order to read as follows:

 

Pedestrian countdown display.  A “pedestrian countdown display” shall mean any automated digital reading used in a crosswalk that displays, at the beginning of the flashing upraised hand signal, the number of seconds remaining until the termination of such signal. 

 

§ 2.      Subparagraph (ii) of paragraph (2) of subdivision (a) of section 4-03 of title 34 of the rules of the city of New York is amended to read as follows:

 

(ii) Pedestrians facing such signal are [thereby warned] advised that there [is] may be insufficient time to cross the roadway[, and shall not enter or cross the roadway].  Pedestrians already in the roadway [shall] must proceed to the nearest safety island or sidewalk in the direction of such signal.

 

§ 3.      Subdivision (c) of section 4-03 of title 34 of the rules of the city of New York is amended to read as follows:

 

(c) Pedestrian control signals. Whenever pedestrian control signals are in operation, [exhibiting the words "WALK" and "DON'T WALK" successively, the international green or red hand symbols, figures] showing symbols of a walking person, upraised hand, or upraised hand with a pedestrian countdown display, or any other internationally recognized representation concerning the movement of pedestrians, such signals shall indicate as follows:

(1) [WALK, green hand symbol or green] Steady walking [figure] person.  Pedestrians facing such signal may proceed across the roadway in the direction of [the] such signal [in any crosswalk. Vehicular], and other traffic [shall] must yield the right of way to such pedestrians.

(2) Flashing [DON'T WALK, red] upraised hand [symbol] or [red standing figure] flashing upraised hand with pedestrian countdown display.  Pedestrians facing such signal are [warned] advised that there [is] may be insufficient time to cross the roadway [and no pedestrian shall enter or cross the roadway].  Pedestrians already in the roadway [shall] must proceed to the nearest safety island or sidewalk in the direction of such signal.  [Vehicular] Other traffic [shall] must yield the right of way to [such] pedestrians proceeding across the roadway within the crosswalk towards such signal for as long as such signal remains flashing.

(3) Steady [DON'T WALK red] upraised hand [symbol or red standing figure.  Pedestrians facing such signal shall not enter or cross the roadway].  No pedestrians shall start to cross the roadway in the direction of such signal; provided, however that any pedestrians who have partially completed their crossing on a steady walking person signal or any flashing upraised hand signal must proceed to the nearest sidewalk or safety island in the direction of such signal while such steady upraised hand signal is showing.

 

§ 4.  Subdivision (a) of section 4-04 of title 34 of the rules of the city of New York is amended to read as follows:

 

 

(a) Pedestrians subject to traffic rules, except as otherwise provided herein. Pedestrians shall be subject to traffic control signals and pedestrian control signals as provided in §§4-03(a) and [4-03(b)] 4-03(c) of these rules and to the lawful orders and directions of any law enforcement officer, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this section.

Effective Date: 
Sun, 02/19/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

As of December 31, 2014, the New York City Building Code requires, in Sections 403.4.4 and 907.2.13.2, that an in-building auxiliary radio communication (ARC) system be installed and maintained in all newly‑constructed high-rise buildings.  An ARC system is a wireless two-way building communication system for Fire Department use only that receives and transmits Fire Department portable radio frequencies within the building.  An ARC system typically consists of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby.  Section 917.1.2 of the New York City Building Code and Section FC 511 of the New York City Fire Code together require that ARC systems be installed, acceptance tested, operated and maintained in accordance with the Fire Code and the rules of the Fire Department.

 

The Fire Department adopts this rule to establish requirements for the design, installation, operation and maintenance of ARC systems, including the testing procedures necessary to confirm that the ARC system is providing adequate radio coverage in the building in all areas accessible for firefighting operations. The rule seeks to ensure that ARC systems achieve their intended purpose and, once installed, are continuously maintained in good working order.

 

The new rule, 3 RCNY §511-01, sets forth standards, requirements and procedures for installation, acceptance testing, daily inspection, annual certification and five-year recertification of ARC systems.  It requires that the testing of ARC systems be supervised by a person holding a Fire Department license, known as a Certificate of Fitness, who knows the New York City Building Code, Fire Code and Fire Department rule standards that apply to ARC systems.  The rule reflects the Fire Code requirement that this person hold a General Radiotelephone Operator License issued by the United States Federal Communications Commission (FCC).

 

The new rule also addresses the operation and maintenance of pre-existing in-building radio communication systems similar to ARC systems that were approved for installation by the Department of Buildings and/or the Fire Department prior to December 31, 2014.  As set forth in Section 511‑01(j) of the rule, a commissioning test must be conducted and the results submitted to the Fire Department; a Fire Department permit must be obtained; operation of the system for maintenance and testing purposes must be under the supervision of a certificate of fitness holder; and the system must be operated and maintained in compliance with the requirements for ARC systems set forth in the rule.

 

The Fire Department is additionally amending two existing Fire Department rules in connection with the ARC system requirements of the Fire Code and Section 511-01.

 

The Fire Department is amending Fire Department rule 3 RCNY §115-01 to establish a company certificate for businesses that test ARC systems.  These company certificates seek to ensure that the businesses that test ARC systems, including operating the systems to perform the required testing, are subject to the same standards as the individual Fire Department Certificate of Fitness holders whom they employ to perform the testing.  The Fire Department regulates blasting and fireworks contractors, private fire alarm central stations, fumigation companies, portable fire extinguisher sales and servicing companies, and smoke detector maintenance companies in a similar fashion by requiring both the individuals who perform the work and the companies that employ them to be certified.

 

Lastly, the Fire Department is amending Fire Department rule 3 RCNY §4601-01 to adopt fees for the ARC system testing company certificate and for ARC system acceptance testing by Fire Department personnel.  The fee for the ARC system testing company certificate will cover the Fire Department’s costs in issuing the certificate and programming and periodically inspecting the portable radios that each company will use to operate on Fire Department frequencies to test the ARC systems. The fee for the ARC system permit is amended to cover the cost of acceptance testing by the Fire Department.

 

In response to public comment, the Fire Department has revised Section 511-01 to clarify that the ARC system must be capable of operating on either the Fire Department simplex channels or duplex channels designated in the rule, and is not required to be capable of operating on both.  The rule has also been revised to allow the cabling for ARC systems that carries or radiates the radio frequencies (RF) to be shared with other building communication systems, provided that the owner demonstrates that such sharing will not impair the operation of the ARC system.  Additional revisions seek to clarify the terminology associated with preexisting in-building radio communication systems similar to ARC systems.

 

Finally, the rule has been revised to authorize owners of ARC systems, as well as impairment coordinators and persons who install or maintain ARC systems, to possess a citywide standard key. A citywide standard key is the key that enables Fire Department personnel and other authorized persons to operate elevator firefighter service and other devices and locked boxes.  The ARC system console will be accessed using a citywide standard key.

 

Terms used in the rule that are defined in the Fire Code or elsewhere in the Fire Department’s rules are indicated by italics.

 

Text to be deleted is indicated by [brackets].  Text to be added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in Fire Department rules, 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.

 

Effective Date: 
Fri, 01/01/2016

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, July 30, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

As of December 31, 2014, the New York City Building Code requires, in Sections 403.4.4 and 907.2.13.2, that an in-building auxiliary radio communication (ARC) system be installed and maintained in all newly‑constructed high-rise buildings.  An ARC system is a wireless two-way building communication system for Fire Department use only that receives and transmits Fire Department portable radio frequencies within the building.  An ARC system typically consists of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby.  Section 917.1.2 of the New York City Building Code and Section FC 511 of the New York City Fire Code together require that ARC systems be installed, acceptance tested, operated and maintained in accordance with the Fire Code and the rules of the Fire Department.

 

The Fire Department proposes to adopt a new rule to establish requirements for the design, installation, operation and maintenance of ARC systems, including the testing procedures necessary to confirm that the ARC system is providing adequate radio coverage in the building in all areas accessible for firefighting operations. The proposed rule seeks to ensure that ARC systems achieve their intended purpose and, once installed, are continuously maintained in good working order.

 

The proposed rule, 3 RCNY § 511-01, sets forth standards, requirements and procedures for installation, acceptance testing, daily inspection, annual certification and five-year recertification of ARC systems.  It requires that the testing of ARC systems be supervised by a person holding a Fire Department license, known as a Certificate of Fitness, who knows the New York City Building Code, Fire Code and Fire Department rule standards that apply to ARC systems.  The proposed rule reflects the Fire Code requirement that this person hold a General Radiotelephone Operator License issued by the United States Federal Communications Commission (FCC).

 

The proposed rule also addresses the operation and maintenance of in-building repeater systems that were approved for installation by the Department of Buildings and/or the Fire Department prior to December 31, 2014.  As set forth in Section 511‑01(j) of the proposed rule, a commissioning test must be conducted and the results submitted to the Fire Department; a Fire Department permit must be obtained; operation of the system for maintenance and testing purposes must be under the supervision of a certificate of fitness holder; and the system must be operated and maintained in compliance with the requirements for ARC systems set forth in the rule.

 

The Fire Department is additionally proposing to amend two existing Fire Department rules in connection with the ARC system requirements of the Fire Code and proposed Section 511-01.

 

The Fire Department proposes to amend Fire Department rule 3 RCNY § 115-01 to establish a company certificate for businesses that test ARC systems.  These company certificates seek to ensure that the businesses that test ARC systems, including operating the systems to perform the required testing, are subject to the same standards as the individual Fire Department Certificate of Fitness holders whom they employ to perform the testing.  The Fire Department regulates blasting and fireworks contractors, private fire alarm central stations, fumigation companies, portable fire extinguisher sales and servicing companies, and smoke detector maintenance companies in a similar fashion by requiring both the individuals who perform the work and the companies that employ them to be certified.

 

The Fire Department also proposes to amend Fire Department rule 3 RCNY §4601-01 to adopt fees for the ARC system testing company certificate and for ARC system acceptance testing by Fire Department personnel.  The proposed fee for the ARC system testing company certificate will cover the Fire Department’s costs in issuing the certificate and programming and periodically inspecting the portable radios that each company will use to operate on Fire Department frequencies to test the ARC systems.  The fee for the ARC system permit is proposed to be amended to cover the cost of acceptance testing by the Fire Department.

 

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.

 

Text proposed to be deleted is indicated by [brackets].  Text proposed to be added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in Fire Department rules, 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.

Subject: 

Fire Department Proposed Rule
3 RCNY Section 511-01 In-Building Auxiliary Radio Communication Systems

Location: 
Fire Department Auditorium
9 Metrotech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):