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2008 NYC Fire Code. New Hazardous Materials Regulations (Laboratory & Non-Laboratory). History. Legislation was signed by Mayor Bloomberg on June 3, 2008.

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2008 nyc fire code

2008 NYC Fire Code

New Hazardous Materials Regulations (Laboratory & Non-Laboratory)

history
History
  • Legislation was signed by Mayor Bloomberg on June 3, 2008.
  • New Fire Code took effect on July 1, 2008 with maintenance & operational requirements immediately enforceable. Among these requirements were permits and certificates of fitness, recordkeeping, signage, safety shower installation, housekeeping, periodic testing and maintaining means of egress.
  • On July 1, 2009, the FDNY began enforcing new certificate of fitness, new permit and new design requirements of the new code. These included installation of fire suppression systems, fire alarm systems, mechanical ventilation systems and quantity limitations.
  • The new Fire Code is codified as Title 29 of the Administrative Code of the City of New York. Fire Code sections are to be referenced by the letters “FC” followed by the section number. For example, section 2706 of the NYC Fire Code would be cited as FC 2706.
history continued
History (continued)
  • From July 2008 through October 2009, the Fire Department began repealing old rules, writing new rules and re-promulgating existing rules to augment and supplement the new Code. These rules are compiled in Title 3 of the Rules of the City of New York.
  • The new Fire Department rules have been renumbered to parallel the new Fire Code sections, and terms defined in the Fire Code or the rules appear in italics. For example, the Fire Code section dealing with labs is section 2706 while the rules applicable to labs is known as section 2706-01.
  • Rule sections are to be referenced by the letter “R” or “3RCNY” followed by the section number. For example, section 2706-01 of the rules would be cited as R 2706-01 or 3RCNY 2706-01. 
history continued1
History (continued)
  • The Fire Department has established a ”Frequently Asked Questions” web page about the new Fire Code and rules. 

To view the Frequently Asked Questions, click on this.

  • Questions about the new Fire Code and rules may be submitted to the Fire Department using the “Fire Code Inquiry Form” on this website. 

To submit a Fire Code question, click on this.

  • The new Code, Rules and the FAQ can be accessed via our Department’s website at www.nyc.gov/fdny.
applicability
Applicability
  • Facilities that were “lawfully existing” under the old code (prior to July 1, 2008) will have most of the new design criteria waived (grandfathered).
  • New installations, facilities, and new construction (including substantial alterations) and those that were not lawfully existing under the old Code (prior to July 1, 2008) will be required to fully comply with the new Code.
lawfully existing
“Lawfully Existing”
  • Using two examples cited in the new Rules, under the heading, “pre-existing facilities and conditions” I offer the following:

“… an existing below-grade storage facility for flammable liquids lawfully designed and installed ….. prior to July 1, 2008 ….. in compliance with the design and installation requirements for such facilities set forth in …... New York City Fire Prevention Code, is a pre-existing facility which may be continued in compliance with the provisions of the New York City Fire Prevention Code and the rules in effect ….. notwithstanding the fact that such below-grade facility would not be allowed or approved in a control area under the Fire Code”.

  • “… an existing LPG storage facility that was lawfully designed and installed on a premises pursuant to Fire Prevention Directive 2-88, ….. may be continued in compliance with said directive, notwithstanding the fact that the quantity of LPG storage authorized by said directive exceeds the quantity that would be allowed or approved under the Fire Code”.
hazmat permits cofs and regulations
HazMat Permits, COFs and Regulations
  • The following hazardous materials are now regulated by the FDNY and, in certain quantities, require a permit and supervision by a C-91 Certificate of Fitness holder:
    • Corrosives – Fire Code chapter 31
    • Flammable Solids – Fire Code chapter 36
    • Highly Toxic and Toxic Materials – Fire Code chapter 37
    • Ozone Generators – Fire Code chapter 37
    • Organic Peroxides – Fire Code chapter 39
    • Oxidizers – Fire Code chapter 40
    • Pyrophoric Materials – Fire Code chapter 41
    • Pyroxylin Plastics – Fire Code chapter 42
    • Unstable (Reactive) Materials – Fire Code chapter 43
    • Water-Reactive Solids and Liquids – Fire Code chapter 44

Note: Requirements for other previously regulated hazardous materials can be found in the new Code as follows; Compressed Gases (chapter 30), Cryogenic Gases (chapter 32), Flammable/Combustible Liquids (chapter 34); Flammable Gases (chapter 35); and LPG/Propane (chapter 38).

what is a certificate of fitness
What is a Certificate of Fitness?
  • A certificate issued to individuals who pass a test administered by the FDNY (at FDNY Headquarters in Downtown Brooklyn) and are authorized to perform certain regulatory functions mandated by the Fire Code.
  • Study Materials, Notice of Examination, Memorandum of Understanding, Applications, Directions, Sample Letters of Recommendation, Requirements and Instructions are available at FDNY Headquarters (9 Metrotech Center, Brooklyn, 11201) or online at the FDNY website, www.nyc.gov/fdny; look for the “Certificate of Fitness” link.
certificate of fitness process
Certificate of Fitness Process
  • A completed application (A20) and letter of recommendation from the employer.
  • Government-issued identification.
  • $25 in check, cash, money order, or credit card (no debit cards accepted).
  • Monday -Fridays, 8:30am - 2:30pm (no appointment necessary unless more than 5 employees from the same facility are taking the test at one time).
  • Must achieve a score of at least 70% on multiple choice exam.
  • Upon completion of test, individuals receive COF card or failure report on the spot.
how is a permit obtained
How is a “Permit” obtained?
  • Permits are issued upon satisfactory completion of an on-site inspection by Fire Prevention Inspectors. Permits are sent out by mail after receipt of permit fee and renewable on an annual basis after a satisfactory re-inspection of the premises.
  • Requests for inspections may be submitted to the FDNY by mail, phone, fax or email as follows:
  • Bureau of Fire Prevention, 9 Metrotech Center, Brooklyn, NY 11201
  • Sandy Camacho, Deputy Chief Inspector, Laboratory Inspection Unit
  • Work Phone (718) 999 2502, Fax (718) 999 1015
  • [email protected]
permits continued
Permits (continued)

The following documents should be submitted and/or available prior to our onsite inspection:

  • NYC Department of Buildings approved plans and/or Certificate of Occupancy (CofO).
  • Certificates of Fitness.
  • NYC DEP Tier II Report (NYC Right to Know Law) or a Chemical Inventory List.
  • NYSDEC Chemical Bulk Storage (CBS) Registration (for tanks)
  • MSDS (only for uncommon chemicals and/or mixtures)
permits continued1
Permits (continued)

Issuance of permits contingent upon compliance with the following:

  • Applicant must meet all applicable requirements of the Fire Code and Rules for the specific hazardous material, including signage, certificates of fitness, fire extinguishers, test affidavits, etc.
  • Payment of permit fee (dependent on types of hazardous materials and quantities).
  • Satisfactory examination of DOB approved plans or acceptance of CofO in lieu of plans.
fdny fee exemption removal
FDNY fee exemption removal

On June 29, 2009 Mayor Bloomberg signed legislation passed by the City Council narrowing the non-profit fee exemption for inspections performed by the Fire Department.

Organizations exempted from fees are:

  • City Agencies fully funded by the City of New York (DEP, NYPD, DOS, FDNY, DOB)
  • State Agencies
  • All Kindergarten through 12th Grade schools
  • Religious Institutions

Organizations not exempted from fees include:

  • CUNY, Hospitals (including HHC), Nursing Homes, Libraries, Zoos, Museums, Charities
hazardous materials
Hazardous Materials

Non – Laboratory application

corrosive materials
Corrosive Materials
  • Corrosive Material: A material that causes full thickness destruction of human skin at the site of contact within a specified period of time when tested by methods set forth in Department of Transportation (DOT) regulations 49 CFR Sections 173.136 and 173.137; or a liquid that has a severe corrosion rate on steel or aluminum based on the criteria set forth in DOT regulations 49 CFR Section 173.137(c)(2).
  • Corrosives can be either Acids or Bases
  • Acid -A solution that has a pH less than 7.0
  • Base - A solution that has a pH greater than 7.0. Basic materials or solutions are sometimes called “caustic” or “alkaline”
corrosive materials continued1
Corrosive Materials (continued)
  • Some common corrosive materials:
    • Acids Sulfuric Acid, Nitric Acid, Hydrochloric (Muriatic) Acid, Hydrofluoric Acid, Acetic Acid, Chromic Acid
    • Bases Ammonium Hydroxide, Sodium Hydroxide (Lye), Sodium Hypochlorite (Bleach), Soda Lime, Calcium Hypochlorite
    • Gases Chlorine, Ammonia
corrosive materials continued2
Corrosive Materials (continued)
  • Corrosives may have serious health risks (including death) upon exposure or inhalation.
  • Corrosives can corrode metals and cause damage to property.
  • Corrosives, if exposed to incompatible materials, can lead to dangerous reactions such as explosions, release of toxic gas, and/or extreme fire conditions.
corrosive threshold quantities
Corrosive Threshold Quantities
  • Permit Thresholds:
    • Liquids - 55 gallons
    • Solids - 1,000 lbs
    • Gases - 400 SCF
  • Certificate of Fitness Thresholds:
    • Liquids - 550 gallons
    • Solids - 1,000 lbs
    • Gases - 400 SCF
flammable solids
Flammable Solids
  • FLAMMABLE SOLID: A solid, other than a blasting agent or other explosive, whether in elemental or alloy form, that is capable of causing fire through friction, absorption of moisture, spontaneous chemical change, or heat retained from manufacturing or processing, or which has an ignition temperature below 212°F (100°C) or which burns so vigorously and persistently when ignited as to create a serious hazard.
  • Many flammable solids may react violently or explosively on contact with water.
  • Flammable Solids may be ignited by friction, heat, sparks, or flame and burn vigorously.
  • Flammable Solids may cause explosions when heated under confinement or when dusts are released in the air.
flammable solids1
Flammable Solids
  • Some common examples of flammable solids
    • Aluminum powder
    • Camphor
    • Magnesium
    • Matches
    • Naphthalene
    • Nitrocellulose
    • Phosphorus
    • Sulfur
    • Picric Acid (wetted with not less than 10% water).
flammable solids3
Flammable Solids
  • Permit and Certificate of Fitness Threshold
toxic materials
Toxic Materials

Toxic Material: A chemical that is lethal at the following doses or concentration:

  • A chemical that has a median lethal dose (LD50) of more than 50 milligrams per kilogram, but not more than 500 milligrams per kilogram of body weight when administered orallyto albino rats weighing between 200 and 300 grams each; or
  • A chemical that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contactfor 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each; or
  • A chemical that has a median lethal concentration (LC50) in air of more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, when administered by continuous inhalationfor 1 hour (or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams each; or
  • A chemical that has a median lethal concentration (LC50) in air of more than 2 milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalationfor 1 hour (or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams each.
highly toxic materials
Highly Toxic Materials

Highly Toxic Material: a chemical that is lethal at the following doses or concentration, including the following:

  • A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each; or
  • A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each; or
  • A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, when administered by continuous inhalation for one hour (or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams each; or
  • A chemical that has a median lethal concentration (LC50) in air of 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams each.
toxic and highly toxic materials
Toxic and Highly Toxic Materials

Toxicity is often measured by Median Lethal Dose (LD50) or Median Lethal Concentration (LC50).

  • LD50 - LD50 value is the amount of a solid or liquid material that it takes to kill 50% of test animals (for example, mice or rats) in one dose.
  • LC50 - A LC50 value is the amount of a gas, dust or mists that it takes to kill 50% of test animals (for example, mice or rats) in one dose.
  • Toxic and Highly Toxic materials are chemicals that can produce injury or death when inhaled, ingested, or absorbed through the skin.
  • Exposure may enter the body through three routes: inhalation, ingestion, or contact with the skin and eyes.
toxic and highly toxic materials1
Toxic and Highly Toxic Materials
  • Some common examples of Toxic Materials include:
    • Phenol
    • Acrylonitrile
    • Aniline
  • Some common examples of Highly Toxic Materials include:
    • Inorganic Cyanides (Sodium, potassium)
    • Chlorine gas
toxic and highly toxic materials continued1
Toxic and Highly Toxic Materials (continued)

Toxic Permit and Certificate of Fitness Thresholds:

  • Liquids: 10 gallons
  • Solids: 100 lbs
  • Gases: Any amount

Highly Toxic Permit and Certificate of Fitness Thresholds:

  • Liquids: Any amount
  • Solids: Any amount
  • Gases: Any amount
ozone gas generators
Ozone Gas Generators
  • Ozone (O3 or tri-oxygen) is a highly unstable gas that can readily decompose into oxygen (O2).
  • Ozone gas is extremely (highly) toxic and can cause a decrease in lung function, cheat pain, shortness of breath, throat irritation, higher susceptibility to respiratory infection, and inflammation of the lungs.
  • Ozone is also strong oxidizer and is especially dangerous because it supplies a large oxygen source that can fuel a fire.
  • Ozone gas can explode on contact with organic substances.
ozone gas generators1
Ozone Gas Generators
  • Regulations covering the use of Ozone generators can be found within the Toxic and Highly Toxic chapter in the new Code.
  • Permits and Certificates of Fitness are not required for use of Ozone generators.
oxidizers
Oxidizers
  • Oxidizer: A material that readily yields oxygen or other oxidizing gas, such as bromine, chlorine and fluorine, or that readily reacts to promote or initiate combustion of combustible materials, classified as follows:
  • Class 1. An oxidizer whose primary hazard is that it slightly increases the burning rate but which does not cause spontaneous ignition when it comes in contact with combustible materials. Examples include:
    • Inorganic Nitrates
    • Nitric Acid (<40%) LEAST HAZARDOUS CLASS
    • Ammonium Persulfate
  • Class 2. An oxidizer that will cause a moderate increase in the burning rate or that causes spontaneous ignition of combustible materials with which it comes in contact. Examples include:
    • Barium Bromate
    • Barium Chlorate
    • Solid Calcium Hypochlorite (<50%)
oxidizers continued
Oxidizers (continued)
  • Class 3. An oxidizer that will cause a severe increase in the burning rate of combustible materials with which it comes in contact or that will undergo vigorous self-sustained decomposition caused by contamination or exposure to heat. Examples include:
    • Solid Calcium Hypochlorite (>50%)
    • Ammonium Dichlorimate
    • Perchloric Acid (<72.5%)
  • Class 4. An oxidizer that can undergo an explosive reaction due to contamination or exposure to thermal or physical shock and can cause spontaneous ignition of combustibles. Examples include:
    • Ammonium Perchlorate
    • Ammonium Permanganate MOST HAZARDOUS CLASS
    • Perchloric Acid (>72.5%)
oxidizers continued2
Oxidizers (continued)

Oxidizer Permit and Certificate of Fitness Thresholds:

  • Liquids:
    • Any amount of Class 4 (most hazardous)
    • 1 gallon Class 3
    • 10 gallons Class 2
    • 55 gallons Class 1 (least hazardous)
  • Solids
    • Any amount of Class 4 (most hazardous)
    • 10 lbs Class 3
    • 100 lbs Class 2
    • 500 lbs Class 1 (least hazardous)
  • Gases
    • 504 SCF (not broken down into classes)
organic peroxides
Organic Peroxides
  • Organic Peroxide: An organic compound having a double oxygen or peroxy

(-O-O-) in its chemical structure. Organic peroxides can present an explosion hazard (detonation or deflagration), can be shock sensitive, can be susceptible to decomposition into various unstable compounds over an extended period of time and are classified as follows based upon their hazardous properties:

  • Class I. Organic peroxides that are capable of deflagration but not detonation. Examples include:
    • t-butyl hydroperoxide (90%)
    • Fulfonyl Peroxide MOST HAZARDOUS CLASS
    • Benzoyl Peroxide (>98%)
  • Class II. Organic peroxides that burn very rapidly and that pose a moderate reactivity hazard.
    • Peroxyacetic acid (43%)
    • Di-sec-butyl peroxydicarbonate 75%
    • 3,5,5-trimethylecylohexane
organic peroxides continued
Organic Peroxides (continued)
  • Class III. Organic peroxides that burn rapidly and that pose a moderate reactivity hazard.
    • Acetyl Cyclohexane sulfonal peroxide
    • Benzoyl peroxide (78%)
    • Cumene hydroperoxide (86%)
  • Class IV. Organic peroxides that burn in the same manner as ordinary combustibles and that pose a minimal reactivity hazard.
    • Benzoyl peroxide (70%)
    • Methyl ethyl ketone peroxide (9% in water and glycols)
    • T-butyl hydroperoxide (70%)
  • Class V. Organic peroxides that burn with less intensity than ordinary combustibles or do not sustain combustion and that pose no reactivity hazard.
    • Benzoyl peroxide (35%) LEAST HAZARDOUS CLASS
  • While organic peroxides are considered strong oxidizers, they are regulated by a separate chapter in the Fire Code due to their unique characteristics. Most organic peroxides are also flammable, combustible or explosive in nature.
organic peroxides continued1
Organic Peroxides (continued)

Organic Peroxide Permit and Certificate of Fitness Thresholds:

  • Liquids
    • Any amount of Class I (most hazardous class)
    • Any amount of Class II
    • 1 gallon of Class III
    • 2 gallons of Class IV
    • No permit required for Class V (least hazardous class)
  • Solids
    • Any amount of Class I (most hazardous class)
    • Any amount of Class II
    • 10 lbs of Class III
    • 20 lbs of Class IV
    • No permit needed for Class V (least hazardous class)
pyrophoric materials
Pyrophoric Materials
  • A material that is so chemically unstable that it may ignite spontaneously at a temperature at or below 130˚F.
  • Examples of common pyrophoric materials:
    • Lithium metal
    • White or yellow phosphorus
    • Potassium metal
    • Sodium metal
    • Diborane gas
    • Phosphine gas
    • Silane gas
pyrophoric materials continued1
Pyrophoric Materials (continued)

Pyrophoric Material Permit and Certificate of Fitness Thresholds:

  • Liquids: Any amount
  • Solids: Any amount
  • Gases: Any Amount
pyroxylin plastics
Pyroxylin Plastics
  • Pyroxylin Plastic: Any plastic substance, material or compound, other than cellulose nitrate film, that has soluble cotton or similar cellulose nitrate as a base, by whatever name known, in the form of blocks, sheets, tubes or other fabricated shapes, including raw pyroxylin plastics and finished pyroxylin plastic products.
  • When dry, pyroxylins can ignite readily and burn explosively.
  • Unstabilized pyroxylins decompose at relatively low temperatures and evolve large volumes of toxic and flammable gases with rapid heat generation.
  • Old items may lose plasticizing elements and become more brittle and flammable over time.
  • Even residues of nitrocellulose in production machinery may ignite.
pyroxylin plastics1
Pyroxylin Plastics

Pyroxylin Plastics Permit and Certificate of Fitness Thresholds:

  • Storage, handling and use of 25 lbs or more of raw pyroxylin plastic (not used in a manufacturing or assembly process).
  • Any amount of raw pyroxylin plastic used in a manufacturing or assembly process.
unstable reactive material
Unstable (Reactive) Material
  • Unstable (Reactive) Material—A material, other than an explosive, that will vigorously polymerize, decompose, condense or become self-reactive and undergo other violent changes, including explosion, when exposed to heat, friction or shock, or in the absence of an inhibitor, or in the presence of contaminants, or in contact with incompatible materials. Unstable (reactive) materials shall be classified as follows:
  • Class 1- Materials that in themselves are normally stable but which can become unstable at elevated temperatures and pressure. Examples include:
    • Hydrogen Peroxide 35-52%
    • Acetic Acid LEAST HAZARDOUS CLASS
    • Tetrahydrofuran
unstable reactive materials continued
Unstable (Reactive) Materials (continued)
  • Class 2- Materials that in themselves are normally unstable and readily undergo violent chemical change but do not detonate. This class includes materials that can undergo chemical change with rapid release of energy at normal temperatures and pressure, and that can undergo violent chemical change at elevated temperatures and pressures. Examples include:
    • Acrolein
    • Acrylic Acid
    • Hydrazine
  • Class 3- Materials that in themselves are capable of detonation or of explosive decomposition or of explosive reaction but which require a strong initiating source or which must be heated under confinement before initiation. This class includes materials that are sensitive to thermal or mechanical shock at elevated temperatures and pressures. Examples include:
    • Hydrogen peroxide >52%
    • Hydroxylamine
    • Perchloric acid
unstable reactive materials continued1
Unstable (Reactive) Materials (continued)
  • Class 4- Materials that in themselves are readily capable of detonation or of explosive decomposition or of explosive reaction at normal temperatures and pressures. This class includes materials that are sensitive to mechanical or localized thermal shock at normal temperatures and pressures. Examples include:
    • Acetyl peroxide
    • Dibutyl peroxide MOST HAZARDOUS CLASS
    • Ethyl nitrate
  • The classification of “unstable (reactive) material” is problematic for the following reasons:
    • Not recognized as a separate “class” by US DOT (no placard assigned) and MSDS sheets tend to use the terms “unstable” or “reactive” but rarely do they classify a hazardous material as both “unstable” and “reactive”.
    • Some of the hazardous materials classified as “unstable (reactive) materials by the ICC (their International Fire Code was the model for our Code) are subject to interpretation, especially in the Class 1 and Class 2 categories ( acetic acid and hydrogen peroxide).
    • Thankfully, most of these hazardous materials are “dual hazard” materials and can be classified in their most recognizable class (hydrogen peroxide as a corrosive or oxidizer).
unstable reactive materials continued2
Unstable (Reactive) Materials (continued)

Unstable Reactive permit and certificate of fitness thresholds

  • Liquids
    • Any amount of Class 4 (most hazardous class)
    • Any amount of Class 3
    • 5 gallons of Class 2
    • 10 gallons of Class 1 (least hazardous class)
  • Solids
    • Any amount of Class 4 (most hazardous class)
    • Any amount of Class 3
    • 50 lbs of Class 2
    • 100 lbs of Class 1 (least hazardous class)
  • Gases
    • Any amount (not broken down into classes)
water reactive solids liquids
Water-Reactive Solids & Liquids
  • Water-Reactive Material: A material (solid, liquid, or gas) that has a dangerous chemical reaction when reacting with water. Upon coming in contact with water, a water reactive material may explode, violently react, produce flammable, toxic, or other hazardous gases, and/or generate enough heat to cause ignition of the material or nearby materials. Water reactive materials shall be classified as follows:
  • Class 1- Materials that may react with water to release some energy, but not violently. Examples include:
    • Acetic anhydride
    • Sodium Hydroxide LEAST HAZARDOUS CLASS
    • Titanium Tetrachloride
  • Class 2- Materials that may form potentially explosive mixtures with water. Examples include:
    • Calcium Carbide
    • Calcium Metal
    • Potassium Metal
water reactive solids liquids continued
Water-Reactive Solids & Liquids (continued)
  • Class 3- Materials that react explosively with water without requiring heat or confinement. Examples include:
    • Aluminum alkyls
    • Bromine pentafluoride MOST HAZARDOUS CLASS
    • Diethylzinc
  • Water-Reactive materials pose an extreme hazard due to the fact that they:
    • May react with water to produce energy, oxygen, and a heat source
    • May produce extremely hazardous gases on contact with water
    • Cannot be extinguished with water
water reactive solids liquids1
Water-Reactive Solids & Liquids

Water-Reactive Permit and Certificate of Fitness Thresholds:

  • Liquids
    • Any amount of Class 3 (most hazardous class)
    • 5 gallons of Class 2
    • 55 gallons of Class 1 (least hazardous class)
  • Solids
    • Any amount of Class 3 (most hazardous class)
    • 50 lbs of Class 2
    • 500 lbs of Class 1 (least hazardous class)
determining hazard types and classifications
Determining Hazard Types and Classifications
  • Many hazardous materials belong to more than one hazard type, sometimes referred to as dual or triple hazard materials. For the purpose of issuing a permit, only one hazard classification can be selected, However, for the purpose of regulation, the material specific requirements for all hazards will apply.
  • Facilities can determine the hazard type and classification by the following methods:
    • Consulting an MSDS.
    • Contacting the chemical manufacturer.
    • Having the material tested by an independent testing lab.
  • The FDNY will have final say on how the hazardous material is eventually classified. Any dispute over our classification will require documentation to show otherwise.
flammable combustible liquids
Flammable & Combustible Liquids
  • Please note than a permit is required for the storage of flammable and/or combustible liquids under the following conditions:
  • To store, handle or use amounts in excess of 5 gallons of liquids with a flash point below 100°F, other than paints, varnishes, lacquers, gasoline and other petroleum-based liquids.
  • To store, handle or use amounts in excess of 10 gallons of liquids with a flash point above 100°F and below 300°F, other than paints, varnishes and lacquers.
  • To store, handle or use amounts in excess of 20 gallons of liquids having a flash point of 300°F or less that are commonly used for painting, varnishing, staining or other similar purposes, including paint, varnish and lacquer.
  • To store, handle or use amounts in excess of 70 gallons of petroleum based liquids with a flash point exceeding 300°F.
  • To store, handle or use amounts of gasoline and other petroleum-based Class I liquids

other than paints, varnishes and lacquers, in excess of 2½ gallons.

flammable combustible liquids continued
Flammable & Combustible Liquids (continued)
  • Please note than a C-98 certificate of fitness is required for anyone who stores flammables and combustible liquids under the following conditions:
  • The manufacture of flammable and combustible liquids (in any quantity) shall be under the personal supervision of a certificate of fitness holder.
  • The storage of liquids with flash points at or below 300ºF, in quantities exceeding 275 gallons, or in any building or structure classified as Group H occupancy regardless of quantity, shall be under the general supervision of a certificate of fitness holder.
  • The handling, use and/or dispensing of liquids with flash points at or below 300ºF, in quantities exceeding 275 gallons, or in any building or structure classified as Group H occupancy regardless of quantity, shall be under the personal supervision of a certificate of fitness holder.
cryogenic gases and flammable compressed gases
Cryogenic Gases and Flammable Compressed Gases
  • PERMIT AMOUNTS FOR CRYOGENIC GASES

TYPE OF CRYOGEN INDOORS (gals) OUTDOORS (gals)

Flammable More than 1 10

Nonflammable 60 100

Oxidizing (includes oxygen) 10 50

Physical or Health hazard Any Amount Any Amount

  • PERMIT AMOUNTS FOR FLAMMABLE COMPRESSED GASES

400 SCF (this translates into more than 1 hydrogen cylinder, more than 1 of large acetylene cylinder or more than two 20 lb LPG cylinders).

compressing of gases
Compressing of gases
  • A permit and certificate of fitness is required to compress:

1. A flammable gas to a pressure exceeding 6 psig.

2. A nonflammable, corrosive or oxidizing gas, including air, to a pressure exceeding 100 psig.

NOTE: Pressure testing of air compressors and compressed gas cylinders no longer required by the new Code. Compressed gas cylinders shall be tested by supplier prior to filling when retest is due as per US DOT regulations.

concept of control area
Concept of “Control Area”
  • A control area is a space within a building or structure that is enclosed and bounded by exterior walls, fire walls, fire barriers and roofs, or a combination thereof, (or an outdoor area) where quantities of hazardous materials not exceeding the maximum allowable quantities per control area are stored, handled or used, including any dispensing.
  • Control areas shall be separated from each other by not less than a 1-hour fire barrier constructed in accordance with the construction codes, including the Building Code.
  • The maximum number of control areas within a building or structure and the required fire-resistance rating for fire barrier assemblies shall be in accordance with Table 2703.8.3.2 of the new Code.
  • The floor construction of the control area and construction supporting the floor of the control area shall have a minimum 2-hour fire resistance rating.
control area continued1
Control Area (continued)
  • Outdoor control areas for hazardous materials in amounts not exceeding the maximum allowable quantity per outdoor control area shall be in compliance with the following requirements:
  • 1. Outdoor control areas shall be located at least 15 feet from vegetation, rubbish and combustible materials; 5 feet from a building opening; at least 15 feet from places of public assembly; and at least 20 feet from a lot line, public street or private road.

Exception: A 2-hour fire-resistance-rated wall providing line of sight interruption is allowed in lieu of the required distance from a building opening, lot line, public street or private road.

  • 2. Where a property exceeds 10,000 square feet, there may be two outdoor control

areas separated by a minimum distance of 50 feet, when approved.

  • 3. Where a property exceeds 35,000 square feet, there may be multiple outdoor

control areas, separated a minimum distance of 50 feet, when approved.

hazardous materials1
Hazardous Materials

Laboratory application

applicable fdny regulations
Applicable FDNY Regulations
  • Laboratories are regulated by Fire Code section 2706 (FC 2706).
  • NFPA 45 (2004) with some limitations as set forth in FC section 2706.
  • 3 RCNY 10-01 (old Lab Rule) was re-promulgated in the new set of Rules within the “pre-existing installations” section. This section would apply to pre-existing (and lawfully existing) laboratories.
  • Re-promulgated lab Rule, section 4827-01(g) repealed the old lab Rule (3 RCNY 10-01).
  • A laboratory is defined as an enclosed space of a minimum one-hour fire rated construction, designed or used as a non-production laboratory.
applicable dob regulations
Applicable DOB Regulations
  • Buildings or portions thereof occupied as a non-production laboratory may be classified as a Group “B” or Business occupancy (as opposed to an Industrial or Group “F” occupancy). Non-production laboratories not in compliance with the provisions of Fire Code for laboratory chemical quantity limitations shall be classified as Group H (High Hazard) occupancy.
  • Laboratory units shall be provided throughout with an automatic sprinkler system and the entire building shall be provided throughout with an automatic sprinkler system when the aggregate floor area of all laboratory units within any building exceeds 20,000 square feet.
  • In all non-production laboratory buildings that are two or more stories above or below the grade level (level of exit discharge), standpipes shall be installed.
  • A manual fire alarm system shall be installed.
other applicable fire code and nfpa regulations
Other applicable Fire Code and NFPA regulations
  • Where more than 5 gallons of corrosive liquids or flammable liquids are stored, handled, or used, safety showers must be available within 25 feet.
  • A tag must be affixed to all fixed overhead showers indicating proper performance. We will require that testing be done annually.
  • Where more than 5 gallons of corrosive liquids are stored, handled or used, neutralizing or absorbing agents shall be provided.
  • A tag must be affixed to all fume hoods indicating proper face velocity. Testing must be done annually at a 12” to 18” sash height, with a minimum face velocity of 80 fpm and a maximum of 120 fpm. A maximum of 150 fpm in pre-existing hoods is allowed. Face velocities out of range will require ASHRAE 110 testing.
  • Fume hood exhaust ducts from different laboratory units are now allowed to connect to a common exhaust duct system when the connection is made within an approved mechanical room, a protected shaft or a point outside the building. Fume hood ducts must be noncombustible.
other applicable fire code and nfpa regulations continued
Other applicable Fire Code and NFPA regulations (continued)
  • Occupied laboratories should operate at 8 room air changes per hour while ventilation rates in unoccupied labs can be reduced to 4 room air changes per hour (NFPA 45).
  • Curtains and drapes used in laboratories must be documented as “flame proof”. Documentation must be provided by a person holding a “flame proofing certificate of fitness”. Curtains may be chemically treated (good for 3 years) or must be “inherently flame resistant” (good for the life of the curtain).
  • A secondary means of egress must be provided in a laboratory when:
    • A compressed gas cylinder or a cryogenic container is located such that it could prevent safe egress in the event of accidental release of its contents. (Only applicable to flammable, oxidizing or health hazard gases).
    • A fume hood is located adjacent to the primary means of egress.
    • A laboratory work area exceeds 1000 ft2

Note: A door to an adjoining laboratory work area (of equal or lower fire hazard classification) is considered to be a second means of egress.

other applicable fire code and nfpa regulations continued1
Other applicable Fire Code and NFPA regulations (continued)
  • Oxygen sensors equipped with an audible alarm shall be provided in cryogenic gas dispensing areas to continuously monitor the level of oxygen in the area. The alarm shall actuate when oxygen concentration drops below 19.5 percent.
  • The transferring of cryogenic gas or the use of equipment connected to cryogenic gases should be monitored by an oxygen meter with a “low oxygen” alarm.

Note: Applicable only when the total cryogenic gas capacity in one fire area exceeds the permit limit of 60 gallons.

other applicable fire code and nfpa regulations continued2
Other applicable Fire Code and NFPA regulations (continued)
  • While not specifically prohibited by Code, compressed gas cylinders should not be stored in corridors. However, we can limit the amounts stored to those requiring a permit. As such, compressed gas cylinder storage in corridors shall be limited to non-flammable and non-health hazard gases in quantities not requiring a permit (3000 SCF, except that oxidizing gases are limited to 504 SCF).
  • Cryogenic container storage in corridors shall be limited to non-flammable, non-oxidizing and non-health hazard gases in quantities not requiring a permit (up to 60 gallons).

Note: Storage in linear equipment rooms (LERs) designed to be fire separated from lab spaces and not designed to be a primary means of egress corridor shall be treated like a lab space.

other applicable fire code and nfpa regulations continued3
Other applicable Fire Code and NFPA regulations (continued)
  • NFPA 45 does not recommend the use of NFPA 704 diamond signs for entrances to lab units or storage rooms, preferring a “lettered” sign instead.

As such, the existing “Laboratory – Potentially Hazardous Substances” sign

or the sign required by the new R 2706-01 lab rule sign requirement, “Laboratory – Caution: Hazardous Materials” in addition to the basic “Radioactive”, “Biohazard” and “Water Reactive” signage shall be maintained. “No Smoking” signs shall be required even in institutions that totally prohibit smoking.

other applicable fire code and dob regulations
Other applicable Fire Code and DOB regulations

Chemical Storage Rooms

  • 2-hr fire rated construction with a 1½ hr fire door
  • Automatic sprinkler system
  • Safety shower
  • Ventilation at 6 air changes/hr
  • Sill at doorway
  • No flammable gas storage below grade
  • Class 1, Division 2 explosion proof electrical equipment

(all these conditions unchanged from old Rule)

other applicable fire code and dob regulations continued
Other applicable Fire Code and DOB regulations (continued)

Chemical Storage Rooms (continued)

  • Capacity shall not exceed a total volume of 300 gallons of chemicals or a liquid density of 5 gallons per square foot of floor area.
  • Chemicals shall not be used within the storage room.
  • Flammable gas storage shall not exceed 2500 SCF.
  • Class I (flammable) liquids prohibited below grade.

(these are new requirements)

other applicable dob regulations
Other applicable DOB regulations
  • Storage rooms shall be classified as a group S-1 (Storage) occupancy.
  • Storage rooms not in compliance with the laboratory chemical quantity limitations shall be classified as a group H (High Hazard) occupancy.
  • Storage rooms shall not open directly to an exit or any enclosed exit access corridor.

(these are new requirements)

laboratory permits
Laboratory Permits
  • A permit is required to store, handle or use hazardous materials in a laboratory unit in amounts exceeding one gallon of flammable liquid, one gallon of combustible liquid or 75 scf of flammable gas (an 8.5”x 31” cylinder or ½ the size of a standard “H” size laboratory cylinder).
  • Laboratories that do not store or use flammable or combustible liquids or flammable gases in quantities requiring a permit but do store or use other types of hazardous materials (oxidizers, flammable solids, etc.) may choose to comply with this section of the Code to avoid reclassification of such laboratory occupancy as a “control area”.
c 14 lab certificate of fitness
C-14 (Lab) Certificate of Fitness

Non-production laboratory operations requiring a permit shall be under the personal supervision of a certificate of fitness holder.

At least one certificate of fitness holder shall be present on each floor of the laboratory unit on which laboratory operations are being conducted while the laboratory is in operation.

Interpretation: Where you have a group of laboratories on one floor run by different Principal Investigators (PI) or Departments, each lab or group of labs will require a representative certificate of fitness holder for each PI or Department.

Accessory laboratory chemical storage rooms shall be under the general supervision of a certificate of fitness holder.

c 14 cof via alternative issuance program
C-14 COF via Alternative Issuance Program

MEMORANDUM OF UNDERSTANDING

This memorandum provides the procedures to follow in order to obtain a Certificate of Fitness for The Supervision of Chemical Laboratories (C-14) without a written test administered by the New York City Fire Department.

SUBMIT TWO NOTARIZED STATEMENTS

(1) A NOTARIZED statement from the applicant’s supervisor stating that the applicant has a reasonable understanding of and has received training in 3RCNY §10-01, Fire Code Sections 2701 - 2703 & 2706, the C-14 exam study material and applicable sections of NFPA 45 (2004 Edition). The statement must include the applicant’s full name, character, physical condition, experience, and address of premises where the applicant will be employed. Additionally, this statement must affirm that the applicant is thoroughly familiar with the fire protection and fire suppression systems in the premises where he/she is to be employed.

cof alternative issuance program continued
COF Alternative Issuance Program (continued)

(2) A NOTARIZED statement from the applicant stating that he/she is being issued a Certificate of Fitness for The Supervision of Chemical Laboratories by the New York City Fire Department on the basis of his/her experience, education, and understanding of the specific facilities’ requirements governing the operation of chemical laboratories. The statement must include the applicant’s full name, experience, and address of the premises where the applicant will be employed. Additionally, this statement must affirm that he/she has received training in 3RCNY §10-01, Fire Code sections 2701-2703 & 2706, the C-14 exam study material and applicable sections of NFPA 45 (2004 Edition).and that he/she is thoroughly familiar with the fire protection and fire suppression systems in the premises where he/she is to be employed.

COMPLETE FORM A-20

All applicants must complete a Certificate of Fitness Application (Form A-20).

APPLICATION FEES

A check or money order for $25.00 must accompany each application.

cof alternative issuance program continued1
COF Alternative Issuance Program (continued)

PHOTOS

All applicants must submit (or email) a recent 2x2 color photo

SPECIAL QUALIFICATIONS

Applicants must hold a:

• license as a Clinical Laboratory Director from the NYS Dept. of Health, Or

• Masters or Doctoral degree in Chemistry, Biology, Biochemistry, Environmental or Health Sciences, Medical Technology, Chemical or Environmental engineering, or related field Or

• Bachelors degree in Chemistry, Biology, Biochemistry, Environmental or Health Sciences, Medical Technology, Chemical or Environmental Engineering, or related field plus 2 years of experience in the operation of chemical laboratories may apply for alternative issuance.

cof alternative issuance program continued2
COF Alternative Issuance Program (continued)

SPECIAL QUALIFICATIONS (CONTINUED)

All claimed experience must be post baccalaureate. Any experience gained prior to the receipt of the degree will not be accepted toward meeting the AIP requirements. Applicants must submit proof of experience, education, including evidence of completion of training, diplomas, certificates, licenses, etc.

ADDITIONAL INFORMATION

Applicants who have failed the written exam will not be allowed to take advantage of this policy. Qualified applicants must submit all documentation by mail only! (to the Public Certification Unit).

cof requirements for those who do not qualify under the alternative issuance program requirements
COF requirements for those who do not qualify under the Alternative Issuance Program requirements

To take the written exam, applicant must hold a BS, MS or PhD in Chemistry, Biology, Biochemistry, Environmental or Health Sciences, Medical Technology and Chemical, Environmental, Mechanical or Biomedical Engineering, or related field –or

an A.A.S degree AND completion of a course on laboratory safety

provided by the employer –or

60 college credits with minimum of 21 credits in FDNY approved science courses AND completion of a course on laboratory safety provided by the employer.

Applicant must present evidence of academic degree and/or transcript to verify credentials in person on date of testing.

sample calculations for allowable flammable liquid storage in laboratories
Sample calculations for allowable flammable liquid storage in laboratories
  • 1,000 ft2 research lab, 1 hour rated, sprinklered, flammable liquids only, no approved storage cabinets.

Using the “Class D” density of 1 gal/100 ft2 = 10 gallons

Using the “Class B” density of 10 gals/100 ft2 = 100 gallons (exceeds Fire Code limit)

As per Fire Code, a Class B density in this type of lab will limit quantities to 25 gallons

  • 1,000 ft2 research lab, 2 hour rated, sprinklered, flammable liquids only, with all storage within approved cabinets.

Using the “Class D” density of 2 gals/100 ft2 = 20 gallons

Using the “Class B” density of 20 gals/100 ft2 = 300 gallons (exceeds Fire Code limit)

As per Fire Code, a Class B density in this type of lab will limit quantities to 30 gallons

calculations continued
Calculations (continued)
  • 2,500 ft2 research lab, 1 hour rated, sprinklered, flammable liquids only, with no approved storage cabinets.

Using the “Class D” density of 1 gal/100 ft2 = 25 gallons

Using the “Class B” density of 10 gals/100 ft2 = 600 gallons (exceeds Fire Code limit)

As per Fire Code, a Class B density in this type of lab will limit quantities to 25 gallons

  • 2,500 ft2 research lab, 2 hour rated, sprinklered, flammable liquids only, with all storage within approved cabinets.

Using the “Class D” density of 2 gals/100 ft2 = 50 gallons

Using the “Class B” density of 20 gals/100 ft2 = 300 gallons (exceeds Fire Code limit)

As per Fire Code, a Class B density in this type of lab will limit quantities to 30 gallons. However, the use of Class D densities will allow up to 50 gallons n this type of lab.

laboratory compressed gas cylinder limitations
Laboratory Compressed Gas Cylinder Limitations

Maximum allowable quantities of gases per lab unit as per NFPA 45

Oxidizing and Flammable gases

1000 SCF per 250 ft2 of lab with 2000 SCF of gas allowed per lab regardless of lab size.

Gases with a health hazard rating of 3 or 4

250 SCF per 500 ft2 of lab

Cylinders not “in use” (not connected to a regulator; not connected to a manifold; or not stored alongside a connected cylinder) shall not be stored within a laboratory.

(Only applied to flammable, oxidizing and health hazard gases).

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