training course Subscribe to RSS - training course

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Fire Department issues licenses known as certificates of fitness authorizing qualified persons to serve as Fire Safety and Emergency Action Plan (Fire Safety/EAP) Directors in office buildings, and Fire Safety Directors in hotels and in other buildings that have voluntarily installed fire alarm systems with two-way voice communication.  Fire Safety/EAP Directors and Fire Safety Directors train building occupants in the building’s emergency procedures in case of fire, and implement those procedures when there is a fire.

 

The 2014 Fire Code (incorporating amendments enacted by Local Law No. 148 of 2013) replaced these two certificates of fitness with a single certificate of fitness for a Fire and Life Safety (FLS) Director in both types of occupancies. This rule implements the new Fire Code requirements by repealing the two rules relating to Fire Safety Director (3 RCNY §113-02) and Fire Safety/EAP Director (3 RCNY §113‑03) and replacing them with a new Section 113-02 for FLS Director.

 

The 2014 Fire Code was also updated to cover non-fire emergencies, such as situations involving active shooters and medical emergencies.  This rule requires persons applying for an FLS Director certificate of fitness to obtain training in these areas.

 

In response to public comment, the timeframe for implementation of these Fire Code requirements has been extended.

 

Beginning March 1, 2020, all occupancies currently required to be staffed by a Fire Safety/EAP Director or Fire Safety Director are required to be staffed instead by a person holding an FLS Director certificate of fitness.

 

This rule sets forth the procedure and timeframes by which current Fire Safety/EAP Directors and Fire Safety Directors must transition to the new FLS Director certificate of fitness:

 

  • Fire Safety/EAP Directors, who have been trained in non-fire emergencies, must complete an active shooter and medical emergency training course from an accredited training school (based on a curriculum recently developed by the Fire Department and the New York City Police Department) by the earlier of September 4, 2017 or the date of expiration of the Fire Safety/EAP Director certificate of fitness, in order to obtain their new FLS Director certificate of fitness.  No Fire Department written or on-site (practical) examination will be required for active Fire Safety/EAP Directors who timely complete the active shooter and medical emergency training course.

 

  • Fire Safety Directors, who do not hold the EAP certificate of fitness and have not been trained in non-fire emergencies, must complete an active shooter and medical emergency training course by the earlier of September 4, 2017 or the date of expiration of the Fire Safety Director certificate of fitness.  Fire Safety Directors must thereafter complete a full course in non‑fire emergencies by the earlier of September 3, 2018 or the date of expiration of the Fire Safety Director certificate of fitness.  Fire Safety Directors may, if they wish, take the full course (which includes training in active shooter and medical emergencies) by the earlier of September 4, 2017 or the date of expiration of the Fire Safety Director certificate of fitness, instead of the two courses.  Upon completion of the full course, Fire Safety Directors must apply for the new FLS Director certificate of fitness and complete the necessary written examination by the earlier of March 1, 2020 or the date of expiration of the Fire Safety Director certificate of fitness.

 

The certificates of fitness for Fire Safety/EAP Directors and Fire Safety Directors who do not comply with these requirements, or who fail the applicable FLS Director written examination, will be suspended and the holder may be required to apply as a new applicant.

 

First-time certificate of fitness applicants must comply with the new FLS Director certificate of fitness requirements, including attending and successfully completing an accredited course that includes fire safety and non-fire emergency training, and passing written and practical Fire Department examinations.

 

Public comment was mixed in response to the Fire Department’s proposal to establish a minimum of one year of qualifying experience for the FLS Director certificate (as opposed to the current requirement of three years for a Fire Safety Director).  Some supported the change as a beneficial expansion of the pool of qualified applicants; others were concerned that one year was insufficient qualifying experience.  After further consideration, the Fire Department has determined to strike a balance by retaining the current requirement of 3 years of qualifying experience, but accepting as an alternative qualification 18 months of qualifying experience that includes 6 months of continuous employment at one work location.  In the Fire Department’s judgment, continuous employment at one location deepens an applicant’s understanding of building operations and/or increases the likelihood of exposure to the types of incidents and emergencies that an FLS Director will encounter.

 

This rule also amends and expands the existing rule for the Fire Safety Director training course (3 RCNY §113-05) to cover all requirements for FLS Director training courses, including the requirements in the existing rule for Fire Safety/EAP Director training courses (3 RCNY §113‑06).

 

New Section 113-06 sets forth the requirements for courses for active shooter and medical emergency training. In response to public comment, the rule has been revised to make clear that FLS Directors are neither expected nor required to personally provide patient care.

 

Active shooter and medical emergency training have been added as a component of the FLS Director training course, but the requirements have also been set forth in a separate section to allow accredited educators and educational institutions to offer it as a separate training course for emergency preparedness staff and other building staff not seeking an FLS Director certificate. In response to public comment, the curriculum for the medical emergency training course will make clear that:

 

  • FLS Directors are neither expected nor required to personally provide patient care, as their duties as FLS Director require them to remain at the fire command center during an emergency.

 

  • A building owner is not required to establish or train an emergency medical response team, but only to invite CPR-trained or other qualified persons working at the premises to volunteer to be contacted in the event of a medical emergency on the premises, and to establish a procedure by which they can be notified (such as a text or call).

 

  • The volunteer’s unavailability, untimely response, or unwillingness to respond to a notification of a medical emergency does not constitute a breach of the owner’s or the emergency preparedness staff’s obligations under this rule.

 

Also, in response to public comment, the qualifications for conducting the active shooter and medical emergency training have been revised to include instructors experienced in fire safety and non-fire emergency (EAP) training.  (One of the instructor qualification provisions, inadvertently marked for deletion, has been restored.)

 

Conforming terminology changes have been made to the general certificate of fitness rule (3 RCNY §113-01), the training course accreditation rule (3 RCNY §113-04) and the Fire Code fee schedule (3 RCNY §4601-01).

 

This rule also:

 

·         Requires verifiable proof of qualifications or fitness to serve as an FLS Director or other certificate of fitness.

 

·         Codifies the current practice of allowing applicants who fail the Fire Department-accredited training course examination to take the examination a second time.  Applicants who fail a second time must re-take the training course.

 

·         Establishes an original application fee of $25, test fee of $25, and a practical (on-site) examination fee of $750 for the new FLS Director certificate of fitness.  These amounts reflect the consolidation of the existing fees for Fire Safety Director and EAP Director certificates of fitness. The renewal fee of $5 remains unchanged.

 

·         Establishes an original application fee of $2,940 (and a renewal fee of $420) for an application for accreditation of the new active shooter and medical emergency course.  These fees are identical to the fees currently charged for Fire Department accreditation of other training courses, including emergency preparedness-related training courses.

 

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 that has been deleted is indicated by [brackets].  Text that has been added is underlined.

 

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, http://www1.nyc.gov/site/fdny/about/resources/code-and-rules/nyc-fire-code.page.

 

Effective Date: 
Thu, 12/01/2016

Proposed Rules: Closed to Comments (View Public Comments Received:4)

Agency:
Comment By: 
Monday, September 19, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Department issues licenses known as certificates of fitness authorizing qualified persons to serve as Fire Safety and Emergency Action Plan (Fire Safety/EAP) Directors in office buildings, and Fire Safety Directors in hotels and in other buildings that have voluntarily installed fire alarm systems with two-way voice communication.  Fire Safety/EAP Directors and Fire Safety Directors train building occupants in the building’s emergency procedures in case of fire, and implement those procedures when there is a fire.

 

The 2014 Fire Code (incorporating amendments enacted by Local Law No. 148 of 2013) replaced these two certificates of fitness with a single certificate of fitness for a Fire and Life Safety (FLS) Director in both types of occupancies. The proposed rule would implement the new Fire Code requirements by repealing the two rules relating to Fire Safety Director (3 RCNY §113-02) and Fire Safety/EAP Director (3 RCNY §113‑03) and replacing them with a new Section 113-02 for FLS Director.

 

The 2014 Fire Code was also updated to cover non-fire emergencies, such as situations involving active shooters and medical emergencies.  The proposed rule would require persons applying for an FLS Director certificate of fitness to obtain training in these areas.

 

Beginning March 1, 2019, all occupancies currently required to be staffed by a Fire Safety/EAP Director or Fire Safety Director would be required to be staffed instead by a person holding an FLS Director certificate of fitness.

 

The proposed rule sets forth the procedure and timeframes by which current Fire Safety/EAP Directors and Fire Safety Directors must transition to the new FLS Director certificate of fitness:

 

·         Fire Safety/EAP Directors, who have been trained in non-fire emergencies, must complete an active shooter and medical emergency training course from an accredited training school (based on a curriculum recently developed by the Fire Department and the New York City Police Department) by the earlier of March 1, 2017 or the date of expiration of the Fire Safety/EAP Director certificate of fitness, in order to obtain their new FLS Director certificate of fitness.

 

·         Fire Safety Directors, who do not hold the EAP certificate of fitness and have not been trained in non-fire emergencies, must complete an active shooter and medical emergency training course by March 1, 2017, and a full course in non‑fire emergencies by March 1, 2018, or in both cases by the expiration of the Fire Safety Director certificate of fitness if sooner, in order to obtain the new FLS Director certificate of fitness by the earlier of December 1, 2018 or the date of expiration of the Fire Safety Director certificate of fitness.

 

The certificates of fitness for Fire Safety/EAP Directors and Fire Safety Directors who do not comply with these requirements, or who fail the applicable FLS Director written examination, will be suspended and the holder may be required to apply as a new applicant.

 

First-time certificate of fitness applicants must comply with the new FLS Director certificate of fitness requirements, including attending and successfully completing an accredited course that includes fire safety and non-fire emergency training, and passing written and practical Fire Department examinations.

 

The Fire Department also proposes to amend and expand the existing rule for the Fire Safety Director training course (3 RCNY §113-05) to cover all requirements for FLS Director training courses, including the requirements in the existing rule for Fire Safety/EAP Director training courses (3 RCNY §113-06).

 

A proposed new Section 113-06 will set forth the requirements for courses for active shooter and medical emergency training. Active shooter and medical emergency training will become a component of the proposed FLS Director training course, but the requirements have also been set forth in a separate section to allow accredited educators and educational institutions to offer it as a separate training course for emergency preparedness staff and other building staff not seeking an FLS Director certificate.

 

Conforming terminology changes are proposed to be made to the general certificate of fitness rule (3 RCNY §113-01), the training course accreditation rule (3 RCNY §113-04) and the Fire Code fee schedule (3 RCNY §4601-01).

 

The proposed rule would also:

 

·         Require verifiable proof of qualifications or fitness to serve as an FLS Director or other certificate of fitness.

 

·         Codify the current practice of allowing applicants who fail the Fire Department-accredited training course examination to take the examination a second time.  Applicants who fail a second time must re-take the training course.

 

·         Establish an original application fee of $25, test fee of $25, and a practical (on-site) examination fee of $750 for the new FLS Director certificate of fitness.  These amounts reflect the consolidation of the existing fees for Fire Safety Director and EAP Director certificates of fitness. The renewal fee of $5 remains unchanged.

 

·         Establish an original application fee of $2,940 (and a renewal fee of $420) for an application for accreditation of the new active shooter and medical emergency course.  These fees are identical to the fees currently charged for Fire Department accreditation of other training courses, including emergency preparedness-related training courses.

 

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, http://www1.nyc.gov/site/fdny/about/resources/code-and-rules/nyc-fire-code.page.

 

Subject: 

.Fire and Life Safety Director Certificate of Fitness

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, October 4, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The foregoing rule is proposed pursuant to the authority of the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter.

 

In promulgating this rule, the Commissioner is exercising the authority of Section 28-416.3 of Article 416 of the New York City Administrative Code, which states, "The commissioner shall promulgate rules for the proper and efficient administration and enforcement of this article. Unless required by rule, a registered filing representative shall not be required to take an examination or to complete continuing education courses as a condition for renewal of the registration." This authority is being exercised at this time to meet the needs of the construction industry and the Department for qualified registered filing representatives.

 

The construction industry, including architects, engineers, contractors and owners, often use the services of registered filing representatives to present, submit, furnish and/or seek approval of applications or construction documents, and to remove documents from the possession of the Department of Buildings ("DOB"). These construction documents are then reviewed by DOB plan examiners and/or other DOB technical staff who may issue objections if the construction documents do not comply with the Construction Codes, zoning or other applicable law, rule or requirement. These objections should be addressed by persons with some threshold knowledge of the construction documents and the applicable procedures and requirements. Sometimes the person who presents, submits, or furnishes the documents is not qualified or prepared to address the objections issued by the plan examiner or other technical staff. In such instances, the approval process is delayed.

 

To eliminate this problem and ensure the efficient processing of construction documents, DOB is proposing a rule that creates training, education, filing experience and continuing education requirements for registered filing representatives. These requirements will create two classes of registered filing representative:

·         Class 2 Registered Filing Representatives, who will be permitted to present, submit, furnish or seek approval of applications or construction documents, and remove documents from the possession of DOB, and who will be qualified to meet with plan examiners and other technical staff to address objections; and,

·         Class 1 Registered Filing Representatives, who will be limited to presenting, submitting, furnishing or seeking approval of applications or construction documents, and removing documents from the possession of DOB.

 

By creating these two classes of registered filing representatives, the proposed rule will:

·         Assist the Department, the construction industry, and the public in identifying qualified individuals to support their filings; and

·         Expedite the approval process by ensuring that only qualified registered filing representatives appear before plan examiners and other technical staff to address objections.

 

For those individuals who do not have the academic requirements to qualify for Class 2 status, the rule provides a two-month window of opportunity (April 1-June 1, 2013) in which such individuals will be eligible to register as Class 2 representatives based solely on their years of experience and number of jobs filed with DOB.

The proposed rule also restates the existing fee structure set forth in Section 28-401.15 of Article 401 of the New York City Administrative Code to align with the proposed, triennial filing representative registration term.

 

Finally, the proposed rule amends Section 104-03 of the Rules of the City of New York to provide that the initial term of a filing representative's registration will be three years, beginning on the applicant's birthday following the date of registration, and that the registration may be renewed for terms of three years.

 

Section 104-03 is also being amended to clarify that the term of a general contractor registration is three years, beginning on the applicant's birthday following the date of registration, and that the term of a master electrician or special electrician license is one year, beginning on the applicant's birthday following the date of issuance.

 

 

Subject: 

Opportunity to comment on proposed rule relating to registered filing representatives.

Location: 
Department of Buildings
280 Broadway 3rd Floor
New York, NY 10007
Contact: 

Adam Goold
Assistant General Counsel Department of Buildings
280 Broadway
New York, NY 10007

Download Copy of Proposed Rule (.pdf):