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Adopted Rules: Closed to Comments

Adopted Rules Content: 



Repeal of Outdated BSA Rules and Reorganization of Building Design Rules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  The new codes and rules promulgated thereunder by DOB and FDNY superseded the provisions of the BSA rules with respect to the design and construction of new buildings and the operation and maintenance of existing buildings.  However, sometimes building owners and developers are confused as to whether the BSA requirements, which were never repealed or amended, remain in effect or are applicable to particular projects or installations.


The purpose of this rulemaking is to eliminate outdated BSA rules that have been superseded by the New York City Fire Code and to transfer to FDNY rules any remaining provisions of BSA rules relating to matters now regulated by the Fire Code that need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buildings and building systems (which are now regulated by the Building Code or other Construction Codes) are not being repealed but, like old building codes, will be kept in place for purposes of preserving pre‑existing design requirements.  The only exception are the BSA rules relating to construction site requirements, which are being repealed as they have no continuing applicability and have been wholly superseded by Building Code and Fire Code requirements.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 (View Public Comments Received:6)

Comment By: 
Wednesday, June 14, 2017
Proposed Rules Content: 


Statement of Basis and Purpose of Proposed Rule


The Fire Code regulates the manufacturing, storage, handling, use and transportation of hazardous materials in New York City, including liquefied carbon dioxide, a compressed gas that is a potential asphyxiant (i.e., suffocation hazard). The fire safety regulations for carbon dioxide installations currently set forth in Section 3004-01 of Title 3 of the Rules of the City of New York are outdated, as they are based on reference industry standards dating from 1984 and 1986.


Carbon dioxide is used for refrigerating and fire extinguishing systems, but the most common use is for carbonation of soft drinks in restaurants and other places of business.  Steel containers storing carbon dioxide, pressurized and liquefied to below minus 100 degrees Fahrenheit, are installed in such premises and connected by special piping to the fountains that dispense soft drinks and supply the carbon dioxide needed to carbonate the beverages.  Cargo tank trucks periodically refill these containers through a fill connection on the outside of the building that is connected by piping to the storage container.  This system is typically self-contained; it is not connected to any building systems other than being plugged into a standard electrical outlet.


After reviewing current industry standards, the Fire Department proposes to repeal and re‑promulgate Section 3004-01 in order to reference the relevant provisions of the 2015 International Fire Code, the model code upon which the New York City Fire Code is based and the National Fire Protection Association standard referenced by the International Fire Code, and to eliminate or update the New York City-specific design, installation, operation and maintenance requirements set forth in the rule.


The proposed rule would:


·        regulate carbon dioxide beverage dispensing systems storing more than 100 pounds of liquefied carbon dioxide (that is, all but the smallest containers for commercial use for liquefied carbon dioxide);


·        require the installation of such systems by a Fire Department certificate of fitness holder;


·        eliminate outdated design and installation requirements, such as copper piping, that are no longer approved for use in carbon dioxide beverage dispensing systems, and reference new design and installation standards, including carbon dioxide detection and alarm systems;


·        allow installers to electronically file with the Fire Department the report certifying the installation of the system, and require submission of a report if there is a release of carbon dioxide or activation of the carbon dioxide detection and alarm system;


·        require “quick checks” of the system at time of delivery, and full inspections on an annual basis; and


·        standardize recordkeeping requirements for such systems.


This rule was identified for repeal and re-promulgation in response to a review of the City’s existing rules conducted by the New York City Mayor’s Office of Operations, working with the New York City Law Department and Office of Management and Budget, to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance.


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.



3RCNY Section 3004-01 Use of Carbon Dioxide in Beverage Dispensing Systems

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