Chapter 3 General Requirements

The provisions of this chapter shall govern the occupancy and maintenance of all structures and premises for precautions against fire and the spread of fire and general requirements of fire safety.

301.2 Permits

Permits shall be required as set forth in Section 105.6 for the activities or uses regulated by Sections 306, 307, 308 and 315.

Section 302 Definitions

302.1 Definitions

The following terms are defined in Chapter 2: BONFIRE. HI-BOY. HIGH-VOLTAGE TRANSMISSION LINE. OPEN BURNING. PORTABLE OUTDOOR FIREPLACE. POWERED INDUSTRIAL TRUCK. RECREATIONAL FIRE. SKY LANTERN.

Section 303 Asphalt Kettles

303.1 Transporting

Asphalt (tar) kettles shall not be transported over any highway, road or street when the heat source for the kettle is operating.

Exception: Asphalt (tar) kettles in the process of patching road surfaces.

303.2 Location

Asphalt (tar) kettles shall not be located within 20 feet (6096 mm) of any combustible material, combustible building surface or any building opening and within a controlled area identified by the use of traffic cones, barriers or other approved means. Asphalt (tar) kettles and pots shall not be utilized inside or on the roof of a building or structure. Roofing kettles and operating asphalt (tar) kettles shall not block means of egress , gates, roadways or entrances.

303.3 Location of Fuel Containers

Fuel containers shall be located not less than 10 feet (3048 mm) from the burner.

Exception: Containers properly insulated from heat or flame are allowed to be within 2 feet (610 mm) of the burner.

303.4 Attendant

An operating kettle shall be attended by not less than one employee knowledgeable of the operations and hazards. The employee shall be within 100 feet (30 480 mm) of the kettle and have the kettle within sight. Ladders or similar obstacles shall not form a part of the route between the attendant and the kettle.

303.5 Fire Extinguishers

There shall be a portable fire extinguisher complying with Section 906 and with a minimum 40-B:C rating within 25 feet (7620 mm) of each asphalt (tar) kettle during the period such kettle is being utilized. Additionally, there shall be one portable fire extinguisher with a minimum 3-A:40-B:C rating on the roof being covered.

303.6 Lids

Asphalt (tar) kettles shall be equipped with tight-fitting lids.

303.7 Hi-Boys

Hi-boys shall be constructed of noncombustible materials. Hi-boys shall be limited to a capacity of 55 gallons (208 L). Fuel sources or heating elements shall not be allowed as part of a hi-boy.

303.8 Roofing Kettles

Roofing kettles shall be constructed of noncombustible materials.

303.9 Fuel Containers Under Air Pressure

Fuel containers that operate under air pressure shall not exceed 20 gallons (76 L) in capacity and shall be approved .

Section 304 Combustible Waste Material

304.1 Waste Accumulation Prohibited

Combustible waste material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises.

304.1.1 Waste Material

Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court , yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher , pier, wharf, manufactured home, recreational vehicle or other similar structure.

[NY] 304.1.2 Vegetation

Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.

304.1.3 Space Underneath Seats

Spaces underneath grandstand and bleacher seats shall be kept free from combustible and flammable materials. Except where enclosed in not less than 1-hour fire-resistance-rated construction in accordance with the Building Code of New York State.

304.1.3.1 Spaces Underneath Grandstands and Bleachers

Spaces underneath grandstands and bleachers shall not be occupied or utilized for purposes other than means of egress except where equipped with an automatic sprinkler system in accordance with Section 903.2.1.5.1, or separated with fire barriers and horizontal assemblies in accordance with Section 1029.1.1.1.

304.2 Storage

Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare.

304.3 Containers

Combustible rubbish, and waste material kept within or near a structure shall be stored in accordance with Sections 304.3.1 through 304.3.4.

304.3.1 Spontaneous Ignition

Materials susceptible to spontaneous ignition, such as oily rags, shall be stored in a listed disposal container. Contents of such containers shall be removed and disposed of daily.

304.3.2 Capacity Exceeding 5.33 Cubic Feet

Containers with a capacity exceeding 5.33 cubic feet (40 gallons) (0.15 m 3 ) shall be provided with lids. Containers and lids shall be constructed of noncombustible materials or of combustible materials with a peak rate of heat release not exceeding 300 kW/m 2 where tested in accordance with ASTM E1354 at an incident heat flux of 50 kW/m 2 in the horizontal orientation.

Exception: Wastebaskets complying with Section 808.

304.3.3 Capacity Exceeding 1.5 Cubic Yards

Dumpsters and containers with an individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m 3 )] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines.

Exceptions:
  1. Dumpsters or containers that are placed inside buildings in areas protected by an approvedautomatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
  2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage.
  3. Dumpsters or containers that are located adjacent to buildings where the exterior area is protected by an approvedautomatic sprinkler system.

304.3.4 Capacity of 1 Cubic Yard or More

Dumpsters with an individual capacity of 1.0 cubic yard [200 gallons (0.76 m 3 )] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines unless the dumpsters are constructed of noncombustible materials or of combustible materials with a peak rate of heat release not exceeding 300 kW/m 2 where tested in accordance with ASTM E1354 at an incident heat flux of 50 kW/m 2 in the horizontal orientation.

Exceptions:
  1. Dumpsters in areas protected by an approvedautomatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
  2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage.

Section 305 Ignition Sources

305.1 Clearance From Ignition Sources

Clearance between ignition sources, such as luminaires, heaters, flame-producing devices and combustible materials, shall be maintained in an approved manner.

305.2 Hot Ashes and Spontaneous Ignition Sources

Hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall not be deposited in a combustible receptacle, within 10 feet (3048 mm) of other combustible material including combustible walls and partitions or within 2 feet (610 mm) of openings to buildings.

Exception: The minimum required separation distance to other combustible materials shall be 2 feet (610 mm) where the material is deposited in a covered, noncombustible receptacle placed on a noncombustible floor, ground surface or stand.

305.3 Open-Flame Warning Devices

Open-flame warning devices shall not be used along an excavation, road, or any place where the dislodgment of such device might permit the device to roll, fall or slide on to any area or land containing combustible material.

305.4 Deliberate or Negligent Burning

It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property.

305.5 Unwanted Fire Ignitions

Acts or processes that have caused repeated ignition of unwanted fires shall be modified to prevent future ignition.

Section 306 Motion Picture Projection Rooms and Film

306.1 Motion Picture Projection Rooms

Electric arc, xenon or other light source projection equipment that develops hazardous gases, dust or radiation and the projection of ribbon-type cellulose nitrate film, regardless of the light source used in projection, shall be operated within a motion picture projection room complying with Section 409 of the Building Code of New York State.

306.2 Cellulose Nitrate Film Storage

Storage of cellulose nitrate film shall be in accordance with NFPA 40.

Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces

307.1 General

A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.5.

307.1.1 Prohibited Open Burning

Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.

Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official .

307.2 Permit Required

A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land on which the fire is to be kindled.

307.2.1 Authorization

Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.

307.3 Extinguishment Authority

Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.

307.4 Location

The location for open burning shall be not less than 50 feet (15 240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure.

Exceptions:
  1. Fires in approvedcontainers that are not less than 15 feet (4572 mm) from a structure.
  2. The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.

307.4.1 Bonfires

A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to ignition.

307.4.2 Recreational Fires

Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

307.4.3 Portable Outdoor Fireplaces

Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.

Exception: Portable outdoor fireplaces used at one-and two-family dwellings .

307.5 Attendance

Open burning , bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.

Section 308 Open Flames

308.1 General

Open flame, fire and burning on all premises shall be in accordance with Sections 308.1.1 through 308.4.1 and with other applicable sections of this code.

308.1.1 Where Prohibited

A person shall not take or utilize an open flame or light in a structure, vessel, boat or other place where highly flammable, combustible or explosive material is utilized or stored. Lighting appliances shall be well-secured in a glass globe and wire mesh cage or a similar approved device.

308.1.2 Throwing or Placing Sources of Ignition

A person shall not throw or place, or cause to be thrown or placed, a lighted match, cigar, cigarette, matches, or other flaming or glowing substance or object on any surface or article where it can cause an unwanted fire.

308.1.3 Torches for Removing Paint

A person utilizing a torch or other flame-producing device for removing paint from a structure shall provide not less than one portable fire extinguisher complying with Section 906 and with a minimum 4-A rating, two portable fire extinguishers, each with a minimum 2-A rating, or a water hose connected to the water supply on the premises where such burning is done. The person doing the burning shall remain on the premises 1 hour after the torch or flame-producing device is utilized.

308.1.4 Open-Flame Cooking Devices

Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.

Exceptions:
  1. One- and two-family dwellings .
  2. Where buildings, balconies and decks are protected by an automatic sprinkler system .
  3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2 1 /2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity].

308.1.5 Location Near Combustibles

Open flames such as from candles, lanterns, kerosene heaters and gas-fired heaters shall not be located on or near decorative material or similar combustible materials.

308.1.6 Open-Flame Devices

Torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or on wildfire risk areas, except by a permit in accordance with Section 105.6 secured from the fire code official .

Exception: Use within inhabited premises or designated campsites that are not less than 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.

308.1.6.1 Signals and Markers

Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or on wildfire risk areas.

Exception: The proper use of fusees at the scenes of emergencies or as required by standard railroad operating procedures.

308.1.6.2 Portable Fueled Open-Flame Devices

Portable open-flame devices fueled by flammable or combustible gases or liquids shall be enclosed or installed in such a manner as to prevent the flame from contacting combustible material.

Exceptions:
  1. LP-gas-fueled devices used for sweating pipe joints or removing paint in accordance with Chapter 61.
  2. Cutting and welding operations in accordance with Chapter 35.
  3. Torches or flame-producing devices in accordance with Section 308.4.
  4. Candles and open-flame decorative devices in accordance with Section 308.3.

308.1.6.3 Sky Lanterns

A person shall not release or cause to be released an untethered sky lantern.

308.1.7 Religious Ceremonies

Where, in the opinion of the fire code official , adequate safeguards have been taken, participants in religious ceremonies are allowed to carry hand-held candles. Hand-held candles shall not be passed from one person to another while lighted.

308.1.7.1 Aisles and Exits

Candles shall be prohibited in areas where occupants stand, or are in an aisle or exit .

308.1.8 Flaming Food and Beverage Preparation

The preparation of flaming foods or beverages in places of assembly and drinking or dining establishments shall be in accordance with Sections 308.1.8.1 through 308.1.8.5.

308.1.8.1 Dispensing

Flammable or combustible liquids used in the preparation of flaming foods or beverages shall be dispensed from one of the following:

  1. A 1-ounce (29.6 ml) container.
  2. A container not exceeding 1-quart (946.5 ml) capacity with a controlled pouring device that will limit the flow to a 1-ounce (29.6 ml) serving.

308.1.8.2 Containers Not in Use

Containers shall be secured to prevent spillage when not in use.

308.1.8.3 Serving of Flaming Food

The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames. The pouring, ladling or spooning of liquids is restricted to a maximum height of 8 inches (203 mm) above the receiving receptacle.

308.1.8.4 Location

Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being serviced. They shall not be transported or carried while burning.

308.1.8.5 Fire Protection

The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency.

308.2 Permits Required

Permits shall be obtained from the fire code official in accordance with Section 105.6 prior to engaging in the following activities involving open flame, fire and burning:

  1. Use of a torch or flame-producing device to remove paint from a structure.
  2. Use of open flame, fire or burning in connection with Group A or E occupancies.
  3. Use or operation of torches and other devices, machines or processes liable to start or cause fire in or on wildfire risk areas.

308.3 Group A Occupancies

Open-flame devices shall not be used in a Group A occupancy. Exceptions:

Open-flame devices are allowed to be used in the following situations, provided that approved precautions are taken to prevent ignition of a combustible material or injury to occupants:

  1. 1.1. Where necessary for ceremonial or religious purposes in accordance with Section 308.1.7.
  2. 1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.2.
  3. 1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected.

308.3.1 Open-Flame Decorative Devices

Open-flame decorative devices shall comply with all of the following restrictions:
  1. Class I and Class II liquids and LP-gas shall not be used.
  2. Liquid- or solid-fueled lighting devices containing more than 8 ounces (237 ml) of fuel must self-extinguish and not leak fuel at a rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.
  3. The device or holder shall be constructed to prevent the spillage of liquid fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) when the device or holder is not in an upright position.

The device or holder shall be designed so that it will return to the upright position after being tilted to an angle of 45 degrees (0.79 rad) from vertical.

Exception: Devices that self-extinguish if tipped over and do not spill fuel or wax at the rate of more than 0.25 teaspoon per minute (1.26 ml per minute) if tipped over.

Chimneys shall be made of noncombustible materials and securely attached to the open-flame device.

Exception: A chimney is not required to be attached to any open-flame device that will self-extinguish if the device is tipped over.

308.3.2 Theatrical Performances

Where approved , open-flame devices used in conjunction with theatrical performances are allowed to be used where adequate safety precautions have been taken in accordance with NFPA 160.

308.4 Group R Occupancies

Open flame, fire and burning in Group R occupancies shall comply with the requirements of Sections 308.1 through 308.1.6.3 and Section 308.4.1.

308.4.1 Group R-2 Dormitories

Candles, incense and similar open-flame-producing items shall not be allowed in sleeping units in Group R-2 dormitory occupancies.

Section 309 Powered Industrial Trucks and Equipment

309.1 General

Powered industrial trucks and similar equipment including, but not limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with Section 309.2 through 309.7.

309.2 Use in Hazardous (Classified) Locations

Powered industrial trucks used in areas designated as hazardous (classified) locations in accordance with NFPA 70 shall be listed and labeled for use in the environment intended in accordance with NFPA 505.

309.3 Battery Chargers

Battery chargers shall be of an approved type. Combustible storage shall be kept not less than 3 feet (915 mm) from battery chargers. Battery charging shall not be conducted in areas open to the public.

309.4 Ventilation

Ventilation shall be provided in an approved manner in battery-charging areas to prevent a dangerous accumulation of flammable gases.

309.5 Fire Extinguishers

Battery-charging areas shall be provided with a fire extinguisher complying with Section 906 having a minimum 4-A:20-B:C rating within 20 feet (6096 mm) of the battery charger.

309.6 Refueling

Powered industrial trucks using liquid fuel, LP-gas or hydrogen shall be refueled outside of buildings or in areas specifically approved for that purpose. Fixed fuel-dispensing equipment and associated fueling operations shall be in accordance with Chapter 23. Other fuel-dispensing equipment and operations, including cylinder exchange for LP-gas-fueled vehicles, shall be in accordance with Chapter 57 for flammable and combustible liquids or Chapter 61 for LP-gas.

309.7 Repairs

Repairs to fuel systems, electrical systems and repairs utilizing open flame or welding shall be done in approved locations outside of buildings or in areas specifically approved for that purpose.

Section 310 Smoking

310.1 General

The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in Sections 310.2 through 310.8.

310.2 Prohibited Areas

Smoking shall be prohibited where conditions are such as to make smoking a hazard, and in spaces where flammable or combustible materials are stored or handled.

310.3 "No Smoking" Signs

The fire code official is authorized to order the posting of "No Smoking" signs in a conspicuous location in each structure or location in which smoking is prohibited. The content, lettering, size, color and location of required "No Smoking" signs shall be approved .

Exception: In Group I-2 occupancies where smoking is prohibited, "No Smoking" signs are not required in interior locations of the facility where signs are displayed at all major entrances into the facility.

310.4 Removal of Signs Prohibited

A posted "No Smoking" sign shall not be obscured, removed, defaced, mutilated or destroyed.

310.5 Compliance With "No Smoking" Signs

Smoking shall not be permitted nor shall a person smoke, throw or deposit any lighted or smoldering substance in any place where "No Smoking" signs are posted.

310.6 Ash Trays

Where smoking is permitted, suitable noncombustible ash trays or match receivers shall be provided on each table and at other appropriate locations.

310.7 Burning Objects

Lighted matches, cigarettes, cigars or other burning object shall not be discarded in such a manner that could cause ignition of other combustible material.

310.8 Hazardous Environmental Conditions

Where the fire code official determines that hazardous environmental conditions necessitate controlled use of smoking materials, the ignition or use of such materials in mountainous, brush-covered or forest-covered areas or other designated areas is prohibited except in approved designated smoking areas.

Section 311 Vacant Premises

311.1 General

Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with Sections 311.1.1 through 311.6.

[NY] 311.1.1 Reserved

311.1.2 Tenant Spaces

Storage and lease plans required by this code shall be revised and updated to reflect temporary or partial vacancies.

311.2 Safeguarding Vacant Premises

Temporarily unoccupied buildings, structures, premises or portions thereof shall be secured and protected in accordance with Sections 311.2.1 through 311.2.3.

311.2.1 Security

Exterior and interior openings open to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. The fire code official is authorized to placard, post signs, erect barrier tape or take similar measures as necessary to secure public safety.

311.2.2 Fire Protection

Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condition at all times.

Exceptions:
  1. Where the premises have been cleared of all combustible materials and debris and, in the opinion of the fire code official , the type of construction, fire separation distance and security of the premises do not create a fire hazard.
  2. Where approved by the fire code official , buildings that will not be heated and where fire protection systems will be exposed to freezing temperatures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water supply), provided that the building does not have contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons.
  3. Where approved by the fire code official , fire alarm and sprinkler systems are permitted to be placed out of service in seasonally occupied buildings: that will not be heated; where fire protection systems will be exposed to freezing temperatures; where fire areas do not exceed 12,000 square feet (1115 m 2 ); and that do not store motor vehicles or hazardous materials.

311.2.3 Fire Separation

Fire-resistance-rated partitions, fire barriers and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained. Openings, joints and penetrations in fire-resistance-rated assemblies shall be protected in accordance with Chapter 7.

311.3 Removal of Combustibles

Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove therefrom all accumulations of combustible materials, flammable or combustible waste or rubbish and shall securely lock or otherwise secure doors, windows and other openings to prevent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials.

Exceptions:
  1. Buildings or portions of buildings undergoing additions, alterations , repairs or change of occupancy in accordance with the Building Code of New York State, where waste is controlled and removed as required by Section 304.
  2. Seasonally occupied buildings.

311.4 Removal of Hazardous Materials

Persons owning or having charge or control of a vacant building containing hazardous materials regulated by Chapter 50 shall comply with the facility closure requirements of Section 5001.6.

311.5 Placards

Any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 108 of this code relating to structural or interior hazards shall be marked as required by Sections 311.5.1 through 311.5.5.

311.5.1 Placard Location

Placards shall be applied on the front of the structure and be visible from the street. Additional placards shall be applied to the side of each entrance to the structure and on penthouses.

311.5.2 Placard Size and Color

Placards shall be 24 inches by 24 inches (610 mm by 610 mm) minimum in size with a red background, white reflective stripes and a white reflective border. The stripes and border shall have a 2-inch (51 mm) minimum stroke.

311.5.3 Placard Date

Placards shall bear the date of their application to the building and the date of the most recent inspection.

311.5.4 Placard Symbols

The design of the placards shall use the following symbols:
  1. □ This symbol shall mean that the structure had normal structural conditions at the time of marking.
  2. ⧅ This symbol shall mean that structural or interior hazards exist and interior fire-fighting or rescue operations should be conducted with extreme caution.
  3. ⌧ This symbol shall mean that structural or interior hazards exist to a degree that consideration should be given to limit fire fighting to exterior operations only, with entry only occurring for known life hazards.

Vacant marker hazard identification symbols: The following symbols shall be used to designate known hazards on the vacant building marker. They shall be placed directly above the symbol.

  1. 4.1. R/O—Roof open.
  2. 4.2. S/M—Stairs, steps and landing missing.
  3. 4.3. F/E—Avoid fire escapes.
  4. 4.4. H/F—Holes in floor.

311.5.5 Informational Use

The use of these symbols shall be informational only and shall not in any way limit the discretion of the on-scene incident commander.

311.6 Unoccupied Tenant Spaces in Mall Buildings

Unoccupied tenant spaces in covered and open mall buildings shall be:
  1. Kept free from the storage of any materials.
  2. Separated from the remainder of the building by partitions of not less than 0.5-inch-thick (12.7 mm) gypsum board or an approved equivalent to the underside of the ceiling of the adjoining tenant spaces.
  3. Without doors or other access openings other than one door that shall be kept key locked in the closed position except during that time when opened for inspection.
  4. Kept free from combustible waste and be broomswept clean.

Section 312 Vehicle Impact Protection

312.1 General

Vehicle impact protection required by this code shall be provided by posts that comply with Section 312.2 or by other approved physical barriers that comply with Section 312.3.

312.2 Posts

Guard posts shall comply with all of the following requirements:
  1. Constructed of steel not less than 4 inches (102 mm) in diameter and concrete filled.
  2. Spaced not more than 4 feet (1219 mm) between posts on center.
  3. Set not less than 3 feet (914 mm) deep in a concrete footing of not less than a 15-inch (381 mm) diameter.
  4. Set with the top of the posts not less than 3 feet (914 mm) above ground.
  5. Located not less than 3 feet (914 mm) from the protected object.

312.3 Other Barriers

Barriers, other than posts specified in Section 312.2, that are designed to resist, deflect or visually deter vehicular impact commensurate with an anticipated impact scenario shall be permitted where approved .

Section 313 Fueled Equipment

313.1 General

Fueled equipment including, but not limited to, motorcycles, mopeds, lawn-care equipment, portable generators and portable cooking equipment, shall not be stored, operated or repaired within a building.

Exceptions:
  1. Buildings or rooms constructed for such use in accordance with the Building Code of New York State.
  2. Where allowed by Section 314.
  3. Storage of equipment utilized for maintenance purposes is allowed in approved locations where the aggregate fuel capacity of the stored equipment does not exceed 10 gallons (38 L) and the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.

313.1.1 Removal

The fire code official is authorized to require removal of fueled equipment from locations where the presence of such equipment is determined by the fire code official to be hazardous.

313.2 Group R Occupancies

Vehicles powered by flammable liquids, Class II combustible liquids or compressed flammable gases shall not be stored within the living space of Group R buildings.

Section 314 Indoor Displays

314.1 General

Indoor displays constructed within any occupancy shall comply with Sections 314.2 through 314.4.

314.2 Fixtures and Displays

Fixtures and displays of goods for sale to the public shall be arranged so as to maintain free, immediate and unobstructed access to exits as required by Chapter 10.

314.3 Highly Combustible Goods

The display of highly combustible goods, including but not limited to fireworks, flammable or combustible liquids , liquefied flammable gases, oxidizing materials, pyroxylin plastics and agricultural goods, in main exit access aisles , corridors , covered and open malls, or within 5 feet (1524 mm) of entrances to exits and exterior exit doors is prohibited where a fire involving such goods would rapidly prevent or obstruct egress.

314.4 Vehicles

Liquid-fueled or gaseous-fueled vehicles, boats or other motorcraft shall not be located indoors except as follows:

  1. Batteries are disconnected except where the fire code official requires that the batteries remain connected to maintain safety features.
  2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19 L) (whichever is least).
  3. Fuel tanks and fill openings are closed and sealed to prevent tampering.
  4. Vehicles, boats or other motorcraft equipment are not fueled or defueled within the building.

Section 315 General Storage

315.1 General

Storage shall be in accordance with Sections 315.2 through 315.6. Outdoor pallet storage shall be in accordance with Sections 315.2 and 315.7.

Exception: Wood and wood composite pallets stored outdoors at pallet manufacturing and recycling facilities and complying with Section 2810.

315.2 Permit Required

A permit for miscellaneous combustible storage shall be required as set forth in Section 105.6.

315.3 Storage in Buildings

Storage of materials in buildings shall be orderly and stacks shall be stable. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur.

315.3.1 Ceiling Clearance

Storage shall be maintained 2 feet (610 mm) or more below the ceiling in nonsprinklered areas of buildings or not less than 18 inches (457 mm) below sprinkler head deflectors in sprinklered areas of buildings.

Exceptions:
  1. The 2-foot (610 mm) ceiling clearance is not required for storage along walls in nonsprinklered areas of buildings.
  2. The 18-inch (457 mm) ceiling clearance is not required for storage along walls in areas of buildings equipped with an automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3

315.3.2 Means of Egress

Combustible materials shall not be stored in exits or enclosures for stairways and ramps . Combustible materials in the means of egress during construction, demolition, remodeling or alterations shall comply with Section 3311.3.

315.3.3 Equipment Rooms

Combustible material shall not be stored in boiler rooms, mechanical rooms, electrical equipment rooms or in fire command centers as specified in Section 508.1.5.

315.3.4 Attic, Under-Floor and Concealed Spaces

Attic, under-floor and concealed spaces used for storage of combustible materials shall be protected on the storage side as required for 1-hour fire-resistance-rated construction. Openings shall be protected by assemblies that are self-closing and are of noncombustible construction or solid wood core not less than 1 3 /4 inches (44.5 mm) in thickness. Storage shall not be placed on exposed joists.

Exceptions:
  1. Areas protected by approvedautomatic sprinkler systems .
  2. Group R-3 and Group U occupancies.

315.4 Outside Storage

Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line .

Exceptions:
  1. The separation distance is allowed to be reduced to 3 feet (914 mm) for storage not exceeding 6 feet (1829 mm) in height.
  2. The separation distance is allowed to be reduced where the fire code official determines that hazard to the adjoining property does not exist.

315.4.1 Storage Beneath Overhead Projections From Buildings

Where buildings are protected by an automatic sprinkler system , the outdoor storage, display and handling of combustible materials under eaves, canopies or other projections or overhangs are prohibited except where automatic sprinklers are installed under such eaves, canopies or other projections or overhangs.

315.4.2 Height

Storage in the open shall not exceed 20 feet (6096 mm) in height.

315.5 Storage Underneath High-Voltage Transmission Lines

Storage located underneath high-voltage transmission lines shall be in accordance with Section 316.6.2.

315.6 Storage in Plenums

Storage is prohibited in plenums. Abandoned material in plenums shall be deemed to be storage and shall be removed. Where located in plenums, the portion of abandoned cables that are able to be accessed without causing damage, or requiring demolition to the building shall be identified for future use with a tag or shall be deemed storage and shall be removed.

315.7 Outdoor Pallet Storage

Pallets stored outdoors shall comply with Sections 315.7 through 315.7.7. Pallets stored within a building shall be protected in accordance with Chapter 32.

315.7.1 Storage Beneath Overhead Projections From Buildings

Where buildings are equipped throughout with an automatic sprinkler system , the outdoor storage of pallets under eaves, canopies or other projections or overhangs are prohibited except where automatic sprinklers are installed under such eaves, canopies or other projections or overhangs.

315.7.2 Distance to Lot Line

Pallet storage shall not be located within 10 feet (3048 mm) of a lot line .

315.7.3 Storage Height

Pallet storage shall not exceed 20 feet (6096 mm) in height.

315.7.4 Pallet Pile Stability and Size

Pallet stacks shall be arranged to form stable piles. Individual pallet piles shall cover an area not greater than 400 square feet (37 m 2 ).

315.7.5 Pallet Types

Pallets shall be all wood, with slatted or solid top or bottom, with metal fasteners, or shall be plastic or composite pallets, listed and labeled in accordance with UL 2335 or FM 4996. Plastic pallets shall be both solid and gridded deck, independent of the pallet manufacturing process, type of resin used in fabrication or geometry of the pallet.

315.7.6 Pile Separation Distances

In addition to the other requirements of this section, pallet stacks and piles shall be separated in accordance with Sections 315.7.6.1 and 315.7.6.2.

SEPARATION DISTANCE BETWEEN WOOD PALLET STACKS AND BUILDINGS
WALL CONSTRUCTION OPENING TYPE WOOD PALLET SEPARATION DISTANCE (feet)
≤ 50
For SI: 1 foot = 304.8 mm. SEPARATION DISTANCE BETWEEN PLASTIC PALLET STACKS AND BUILDINGS
WALL CONSTRUCTION OPENING TYPE PLASTIC PALLET SEPARATION DISTANCE (feet)
≤ 50
For SI: 1 foot = 304.8 mm. SEPARATION FROM OTHER PALLET PILES AND ON-SITE STORAGE (WOOD PALLETS)
WOOD PALLET SEPARATION DISTANCE (feet)
≤ 50
For SI: 1 foot = 304.8 mm. SEPARATION FROM OTHER PALLET PILES AND ON-SITE STORAGE (PLASTIC PALLETS)
PLASTIC PALLET SEPARATION DISTANCE (feet)
≤ 50
For SI: 1 foot = 304.8 mm.

315.7.6.1 Building Separation

Pallet stacks and piles shall be separated from buildings in accordance with Table 315.7.6(1) for wood pallets and Table 315.7.6(2) for plastic pallets.

315.7.6.2 Separation From Other Pallets and On-Site Storage

Pallets shall be separated from other pallet piles and other storage in accordance with Table 315.7.6(3) for wood pallets and Table 315.7.6(4) for plastic pallets.

315.7.7 Prohibited Locations

Pallets shall not be stored underneath high-voltage transmission lines, elevated roadways or elevated railways.

Section 316 Hazards to Fire Fighters

316.1 Trapdoors to Be Closed

Trapdoors and scuttle covers, other than those that are within a dwelling unit or automatically operated, shall be kept closed at all times except when in use.

316.2 Shaftway Markings

Vertical shafts shall be identified as required by this section.

316.2.1 Exterior Access to Shaftways

Outside openings that can be reached by the fire department and that open directly on a hoistway or shaftway communicating between two or more floors in a building shall be plainly marked with the word SHAFTWAY in red letters not less than 6 inches (152 mm) high on a white background. Such warning signs shall be placed so as to be readily discernible from the outside of the building.

316.2.2 Interior Access to Shaftways

Door or window openings to a hoistway or shaftway from the interior of the building shall be plainly marked with the word SHAFTWAY in red letters not less than 6 inches (152 mm) high on a white background. Such warning signs shall be placed so as to be readily discernible.

Exception: Marking shall not be required on shaftway openings that are readily discernible as openings onto a shaftway by the construction or arrangement.

316.3 Pitfalls

The intentional design or alteration of buildings to disable, injure, maim or kill intruders is prohibited. A person shall not install and use firearms, sharp or pointed objects, razor wire, explosives , flammable or combustible liquid containers, or dispensers containing highly toxic, toxic, irritant or other hazardous materials in a manner that could passively or actively disable, injure, maim or kill a fire fighter who forcibly enters a building for the purpose of controlling or extinguishing a fire, rescuing trapped occupants or rendering other emergency assistance.

316.4 Obstructions on Roofs

Wires, cables, ropes, antennas, or other suspended obstructions installed on the roof of a building having a roof slope of less than 30 degrees (0.52 rad) shall not create an obstruction that is less than 7 feet (2133 mm) high above the surface of the roof.

Exceptions:
  1. Such obstruction shall be permitted where the wire, cable, rope, antenna or suspended obstruction is encased in a white, 2-inch (51 mm) minimum diameter plastic pipe or an approved equivalent.
  2. Such obstruction shall be permitted where there is a solid obstruction below such that accidentally walking into the wire, cable, rope, antenna or suspended obstruction is not possible.

316.5 Security Device

Any security device or system that emits any medium that could obscure a means of egress in any building, structure or premise shall be prohibited.

316.6 Structures and Outdoor Storage Underneath High-Voltage Transmission Lines

Structures and outdoor storage underneath high-voltage transmission lines shall comply with Sections 316.6.1 and 316.6.2, respectively.

316.6.1 Structures

Structures shall not be constructed within the utility easement beneath high-voltage transmission lines.

Exception: Restrooms and unoccupied telecommunication structures of noncombustible construction less than 15 feet (4572 mm) in height.

316.6.2 Outdoor Storage

Outdoor storage within the utility easement underneath high-voltage transmission lines shall be limited to noncombustible material. Storage of hazardous materials including, but not limited to, flammable and combustible liquids is prohibited.

Exception: Combustible storage, including vehicles and fuel storage for backup power equipment serving public utility equipment, is allowed, provided that a plan indicating the storage configuration is submitted and approved .

Section 317 Rooftop Gardens and Landscaped Roofs

317.1 General

Rooftop gardens and landscaped roofs shall be installed and maintained in accordance with Sections 317.2 through 317.5 and Sections 1505 and 1507.16 of the Building Code of New York State.

317.2 Rooftop Garden or Landscaped Roof Size

Rooftop garden or landscaped roof areas shall not exceed 15,625 square feet (1450 m 2 ) in size for any single area with a maximum dimension of 125 feet (39 m) in length or width. A minimum 6-foot-wide (1.8 m) clearance consisting of a Class A-rated roof system complying with ASTM E108 or UL 790 shall be provided between adjacent rooftop gardens or landscaped roof areas.

317.3 Rooftop Structure and Equipment Clearance

For all vegetated roofing systems abutting combustible vertical surfaces, a Class A-rated roof system complying with ASTM E108 or UL 790 shall be achieved for a minimum 6-foot-wide (1829 mm) continuous border placed around rooftop structures and all rooftop equipment including, but not limited to, mechanical and machine rooms, penthouses, skylights, roof vents, solar panels, antenna supports and building service equipment.

317.4 Vegetation

Vegetation shall be maintained in accordance with Sections 317.4.1 and 317.4.2.

317.4.1 Irrigation

Supplemental irrigation shall be provided to maintain levels of hydration necessary to keep green roof plants alive and to keep dry foliage to a minimum.

317.4.2 Dead Foliage

Excess biomass, such as overgrown vegetation, leaves and other dead and decaying material, shall be removed at regular intervals not less than two times per year.

317.4.3 Maintenance Plan

The fire code official is authorized to require a maintenance plan for vegetation placed on roofs due to the size of a roof garden, materials used or where a fire hazard exists to the building or exposures due to the lack of maintenance.

317.5 Maintenance Equipment

Fueled equipment stored on roofs and used for the care and maintenance of vegetation on roofs shall be stored in accordance with Section 313.

Section 318 Laundry Carts

318.1 Laundry Carts With a Capacity of 1 Cubic Yard or More

Laundry carts with an individual capacity of 1 cubic yard [200 gallons (0.76 m 3 )] or more, used in laundries within Group B, E, F-1, I, M and R-1 occupancies, shall be constructed of noncombustible materials or materials having a peak rate of heat release not exceeding 300 kW/m 2 at a flux of 50 kW/m 2 where tested in a horizontal orientation in accordance with ASTM E1354.

Exceptions:
  1. Laundry carts in areas protected by an approvedautomatic sprinkler system installed throughout in accordance with Section 903.3.1.1.
  2. Laundry carts in coin-operated laundries.

Section 319 Mobile Food Preparation Vehicles

319.1 General

Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section.

319.2 Permit Required

Permits shall be required as set forth in Section 105.6.

319.3 Exhaust Hood

Cooking equipment that produces grease-laden vapors shall be provided with a kitchen exhaust hood in accordance with Section 607.

319.4 Fire Protection

Fire protection shall be provided in accordance with Sections 319.4.1 and 319.4.2.

319.4.1 Fire Protection for Cooking Equipment

Cooking equipment shall be protected by automatic fire extinguishing systems in accordance with Section 904.12.

319.4.2 Fire Extinguisher

Portable fire extinguishers shall be provided in accordance with Section 906.4.

319.5 Appliance Connection to Fuel Supply Piping

Gas cooking appliances shall be secured in place and connected to fuel-supply piping with an appliance connector complying with ANSI Z21.69/CSA 6.16. The connector installation shall be configured in accordance with the manufacturer's installation instructions. Movement of appliances shall be limited by restraining devices installed in accordance with the connector and appliance manufacturers' instructions.

319.6 Cooking Oil Storage Containers

Cooking oil storage containers within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport.

319.7 Cooking Oil Storage Tanks

Cooking oil storage tanks within mobile food preparation vehicles shall comply with Sections 319.7.1 through 319.7.5.2.

319.7.1 Metallic Storage Tanks

Metallic cooking oil storage tanks shall be listed in accordance with UL 80 or UL 142, and shall be installed in accordance with the tank manufacturer's instructions.

319.7.2 Nonmetallic Storage Tanks

Nonmetallic cooking oil storage tanks shall be installed in accordance with the tank manufacturer's instructions and shall comply with both of the following:

  1. Tanks shall be listed for use with cooking oil, including maximum temperature to which the tank will be exposed during use.
  2. Tank capacity shall not exceed 200 gallons (757 L) per tank.

319.7.3 Cooking Oil Storage System Components

Metallic and nonmetallic cooking oil storage system components shall include, but are not limited to, piping, connections, fittings, valves, tubing, hose, pumps, vents and other related components used for the transfer of cooking oil.

319.7.4 Design Criteria

The design, fabrication and assembly of system components shall be suitable for the working pressures, temperatures and structural stresses to be encountered by the components.

319.7.5 Tank Venting

Normal and emergency venting shall be provided for cooking oil storage tanks.

319.7.5.1 Normal Vents

Normal vents shall be located above the maximum normal liquid line, and shall have a minimum effective area not smaller than the largest filling or withdrawal connection. Normal vents are not required to vent to the exterior.

319.7.5.2 Emergency Vents

Emergency relief vents shall be located above the maximum normal liquid line, and shall be in the form of a device or devices that will relieve excessive internal pressure caused by an exposure fire. For nonmetallic tanks, the emergency relief vent shall be allowed to be in the form of construction. Emergency vents are not required to discharge to the exterior.

319.8 LP-Gas Systems

Where LP-gas systems provide fuel for cooking appliances, such systems shall comply with Chapter 61 and Sections 319.8.1 through 319.8.5.

319.8.1 Maximum Aggregate Volume

The maximum aggregate capacity of LP-gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity.

319.8.2 Protection of Container

LP-gas containers installed on the vehicle shall be securely mounted and restrained to prevent movement.

319.8.3 LP-Gas Container Construction

LP-gas containers shall be manufactured in compliance with the requirements of NFPA 58.

319.8.4 Protection of System Piping

LP-gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage, and damage from vibration.

319.8.5 LP-Gas Alarms

A listed LP-gas alarm shall be installed within the vehicle in the vicinity of LP-gas system components, in accordance with the manufacturer's instructions.

319.9 CNG Systems

Where CNG systems provide fuel for cooking appliances, such systems shall comply with Sections 319.9.1 through 319.9.4.

319.9.1 CNG Containers Supplying Only Cooking Fuel

CNG containers installed solely to provide fuel for cooking purposes shall be in accordance with Sections 319.9.1.1 through 319.9.1.3.

319.9.1.1 Maximum Aggregate Volume

The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity.

319.9.1.2 Protection of Container

CNG containers shall be securely mounted and restrained to prevent movement. Containers shall not be installed in locations subject to a direct vehicle impact.

319.9.1.3 CNG Container Construction

CNG containers shall be an NGV-2 cylinder.

319.9.2 CNG Containers Supplying Transportation and Cooking Fuel

Where CNG containers and systems are used to supply fuel for cooking purposes in addition to being used for transportation fuel, the installation shall be in accordance with NFPA 52.

319.9.3 Protection of System Piping

CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration.

319.9.4 Methane Alarms

A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions.

319.10 Maintenance

Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 319.10.1 through 319.10.3.

319.10.1 Exhaust System

The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 607.3.

319.10.2 Fire Protection Systems and Devices

Fire protection systems and devices shall be maintained in accordance with Section 901.6.

319.10.3 Fuel Gas Systems

LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.