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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Fire Department has amended two Fire Department rules, 3 RCNY §109-01, entitled “Notice of Violation, Certification of Correction and Stipulation Procedures”, and 3 RCNY 109-02, entitled “Consolidation of Administrative Code Provisions For Enforcement Purposes.”

 

The amendments to 3 RCNY §109-01 have been made to reflect the current unit within the Fire Department to which certificates of correction of violations should be directed.

 

The amendments to 3 RCNY §109-02 have been made as a result of the enactment of Local Law No. 148 of 2013, which amended the New York City Fire Code, effective March 30, 2014.

 

The amendments to Section 109-02 incorporated the new or amended Fire Code section numbers into the rule and deleted the section numbers that have been repealed or renumbered.  In addition, the violation categories set forth in Section 109-02 have been amended as follows:

 

·         Violation Category 5 has been amended to limit its application to recordkeeping violations, with posting of permits moved to Violation Category 6 (“Signs, Postings, Notices and Instructions”);

 

·         Violation Category 8 has been amended to include storage of combustible material;

 

·         Violation Category 9 has been amended to include rooftop access; and

 

·         Violation Category 30 has been amended to include emergency preparedness for all buildings and occupancies subject to emergency preparedness requirements, not just office buildings, hotels and motels, and to include the preparation of an emergency preparedness plan (formerly referenced in Violation Category 19).

 

The final rule includes one change from the proposed rule, which was published on February 12, 2014.  Section 109-02(b) has been amended to conform the terminology of Violation Category 24 to that of the Notice of Violation form that has been in use since May 2012.  With the approval of the Environmental Control Board, the heading of Violation Category 24 was revised at that time from “Racks and Shelf Storage” to “Storage of Hazardous/Combustible Materials,” which more clearly indicated the regulated materials to which the section applied.  This final rule amends the heading of Violation Category 24 to “Storage of Hazardous Materials and Commodities” (combustible materials having already been incorporated by the rule into Violation Category 8) and makes one other conforming text change.

 

The Fire Department’s authority for this rule is found in Sections 489 and 1043 of the New York City Charter and Section 102 of the New York City Fire Code.

 

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

 

New material is underlined.  Material that has been deleted 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.

Effective Date: 
Thu, 04/10/2014

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

Agency:
Comment By: 
Friday, March 14, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Amendments

 

The Fire Department is proposing to amend two Fire Department rules, 3 RCNY §109-01 entitled “Notice of Violation, Certification of Correction and Stipulation Procedures”, and 3 RCNY 109-02, entitled “Consolidation of Administrative Code Provisions For Enforcement Purposes.”

 

The amendments to 3 RCNY §109-01 are proposed to reflect the current unit within the Fire Department to which certificates of correction of violations should be directed.

 

The amendments to 3 RCNY §109-02 are proposed as a result of the enactment of Local Law No. 148 of 2013, which amended the New York Fire Code, effective March 30, 2014.  The proposed amendments to Section 109-02 would apply to ECB Notices of Violation issued by the Fire Department with a date of occurrence on or after March 30, 2014.

 

The proposed amendments to Section 109-02 would incorporate the new or amended Fire Code section numbers into the rule and delete the section numbers that have been repealed or renumbered.  In addition, the violation categories set forth in Section 109-02 are proposed to be amended as follows:

 

·         Violation Category 5 is amended to limit its application to recordkeeping violations, with posting of permits moved to Violation Category 6 (“Signs, Postings, Notices and Instructions”);

 

·         Violation Category 8 is amended to include storage of combustible material;

 

·         Violation Category 9 is amended to include rooftop access; and

 

·         Violation Category 30 is amended to include emergency preparedness for all buildings and occupancies subject to emergency preparedness requirements, not just office buildings, hotels and motels, and to include the preparation of an emergency preparedness plan (formerly referenced in Violation Category 19).

 

 

Subject: 

.Fire Code Conforming Amendments

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

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a Public Hearing on August 9, 2012 regarding amendments to its Fire Department (FDNY) Penalty Schedule. This schedule is found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). No comments (neither written comments nor oral testimony) were presented at the August 9, 2012 Public Hearing.

 

The two amendments are described as follows:

 

Section 1: ECB has amended its FDNY Penalty Schedule to reflect a change in Section 109-02 of Title 3 of the RCNY related to the failure to prevent unnecessary or unwarranted alarms.

Section 109-02 of Title 3 of the RCNY sets forth violation categories for the laws, rules, and regulations enforced by the Fire Department through the issuance of notices of violations returnable before the ECB. The failure to prevent unnecessary or unwarranted alarms pursuant to Section 907.20.6 of the Fire Code and Section 907-01(c) of Title 3 of the RCNY had previously been enforced as a Violation Category (VC) 11 violation. Section 109-02 was amended to clarify that the failure to prevent unnecessary or unwarranted alarms would be enforced under VC 12, rather than VC 11.

Penalties: The penalties for a VC 12 violation are generally higher than the penalties for a VC 11 violation. Although the failure to prevent unnecessary or unwarranted alarms is now included within VC 12, the penalties for this violation remain unchanged. ECB is thus amending its penalty schedule to reflect that the penalties for this particular VC 12 violation will be the same as the penalties for a VC 11 violation.

 

Section 2: ECB has added two new entries to its FDNY Penalty Schedule related to two provisions of the

Fire Code (FC).

The first entry establishes penalties for the violation of FC 2609.8.

·         FC 2609.8 sets forth requirements related to the use of piped natural gas with oxygen in any hot work operation, including requirements for the use of certain protective equipment, and applies to both new and existing installations. The second entry establishes penalties for the violation of FC 3205.4.

·         FC 3205.4 sets forth requirements related to the filling and dispensing of cryogenic fluids. A cryogenic fluid is defined as a fluid having a boiling point lower than -130°F (-89.9°C) at 14.7 pounds per square inch absolute (psia) (an absolute pressure of 101.3 kPa).

Penalties: The penalties for violations of these two Fire Code provisions are within the guidelines set forth in Section 15-229 of the New York City Administrative Code. Section 15-229 authorizes a maximum penalty of $1000 for a first violation and a maximum penalty of $5000 for second and subsequent violations. No minimum penalty is mandated.

 

Effective Date: 
Sat, 10/13/2012

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 9, 2012
Proposed Rules Content: 

  

Statement of Basis and Purpose

 

The Environmental Control Board (ECB) proposes to amend its Fire Department (FDNY) Penalty Schedule. This schedule is found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). 

ECB proposes two amendments, described as follows: 

Section 1: ECB is proposing an amendment to its FDNY Penalty Schedule to reflect a change in Section 109-02 of Title 3 of the RCNY related to the failure to prevent unnecessary or unwarranted alarms.

 

  • Section 109-02 of Title 3 of the RCNY sets forth violation categories for the laws, rules, and regulations enforced by the Fire Department through the issuance of notices of violations returnable before the ECB. The failure to prevent unnecessary or unwarranted alarms pursuant to Section 907.20.6 of the Fire Code and Section 907-01(c) of Title 3 of the RCNY had previously been enforced as a Violation Category (VC) 11 violation. Section 109-02 was amended to clarify that the failure to prevent unnecessary or unwarranted alarms would be enforced under VC 12, rather than VC 11.
  • Penalties: The penalties for a VC 12 violation are generally higher than the penalties for a VC 11 violation. Although the failure to prevent unnecessary or unwarranted alarms is now included within VC 12, the penalties for this violation remain unchanged. ECB is thus amending its penalty schedule to reflect that the penalties for this particular VC 12 violation will be the same as the penalties for a VC 11 violation.

 

Section 2: ECB is proposing to add two new entries to its FDNY Penalty Schedule related to two provisions of the Fire Code (FC).

  • The first entry establishes penalties for the violation of FC 2609.8.
    • FC 2609.8 sets forth requirements related to the use of piped natural gas with oxygen in any hot work operation, including requirements for the use of certain protective equipment, and applies to both new and existing installations.
  • The second entry establishes penalties for the violation of FC 3205.4.
    • FC 3205.4 sets forth requirements related to the filling and dispensing of cryogenic fluids. A cryogenic fluid is defined as a fluid having a boiling point lower than -130°F (-89.9°C) at 14.7 pounds per square inch absolute (psia) (an absolute pressure of 101.3 kPa).
  • Penalties: The proposed penalties for violations of these two Fire Code provisions are within the guidelines set forth in Section 15-229 of the New York City Administrative Code. Section 15-229 authorizes a maximum penalty of $1000 for a first violation and a maximum penalty of $5000 for second and subsequent violations. No minimum penalty is mandated.

 

 

Subject: 

Opportunity to comment on Proposed Rule regarding penalties for offenses adjudicated by the Environmental Control Board (ECB).

Location: 
Environmental Control Board (ECB)
66 John Street, 10th Floor, Conference Room
New York, NY 10038
Contact: 

James Macron
Counsel to the Board
ECB
66 John Street, 10th Floor
New York, N.Y. 10038
(212) 361-1515

Download Copy of Proposed Rule (.pdf):