N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 36-2.9 - Fire hazards

(a) Decorations.

(1) Combustible wall coverings may be used in places of public assembly only when pasted or cemented directly to the wall surfaces or if not so pasted or cemented, if such wall coverings are treated so that they will neither ignite nor actively support combustion.

(2) Decorative moldings and frames of combustible materials may be used only when their total area does not exceed 10 per cent of the area of the wall to which they are applied and the said moldings or frames do not exceed six inches in width nor one and one-half inches in thickness.

(3) No wall, ceiling, floor or seat covering or decoration having a pyroxylin or nitrocellulose base is permitted.

(4) No dry vegetation and no trees or greens containing pitch or resin are permitted. Flowers and decorative greens which do not contain pitch or resin are permitted only when freshly cut or living and not flammable. No flammable material whatever is permitted except as provided in paragraphs (1) and (2) above.

Exception:One nonflameproofed resinous Christmas tree is permitted in the discretion of the enforcing authority in a place of public assembly whose exits are in full compliance with this Part provided the following conditions are observed:

Exception:

1. Such tree shall be set up only between December 23 and January 2.

Exception:

2. It shall be fresh and not dry.

Exception:

3. It shall be kept with its base immersed in water.

Exception:

4. An approved two and one-half gallon soda ash or loaded stream fire extinguisher shall be kept in plain sight within 15 feet of such tree.

Exception:

5. No lighted tree shall be set up at the bottom of a stair well nor within 25 feet of an exit.

Exception:

6. No flammable decorations and no lights other than electric lights shall be used on such tree.

(b) Storage in basements and cellars.

(1) Combustible materials shall not be stored in basements or cellars of places of public assembly except under one of the following conditions:

(i) Where the storage space is separated from the remainder of the place of public assembly by walls and floors having a fire-resistance rating of at least one hour with the openings therein provided with self-closing fire doors having a rating of at least one hour.

(ii) Where the storage space is separated from the remainder of the place of public assembly by a tight enclosure with self-closing doors and in addition provided with automatic sprinkler protection.

(2) Combustible materials shall not be deemed to include fuel oil or coal stored for use in the heating of the building.

(c) Storage in or about stairways.

(1) No storage of any kind under an enclosed stairway is permitted unless such storage space is enclosed by partitions and self-closing fire doors having fire-resistance ratings equal to the requirements for the stair enclosure, and the soffit of the stair and landing above such storage space is protected by construction having a fire-resistance rating equal to that required for the stair enclosure. There shall be no means of access to such storage space from the stair enclosure.

(2) Where a stairway is not required to be enclosed, a storage space beneath it is permitted only if such space is entirely enclosed, including the soffit of the stair, with construction having a fire-resistance rating of at least one hour with one hour self-closing fire doors at all openings.

(3) No flammable liquids, gases or materials shall under any circumstances be stored in or near a stairway or stair enclosure.

(d) Use of combustible or volatile fluids. No apparatus in which any combustible or volatile fluid is used in the preparation of foods, refreshments or other materials is permitted in a lobby, foyer or auditorium of a place of public assembly. Combustible or volatile as used in this subdivision includes any fluid having a closed cup flash point below 400 degrees Fahrenheit.

(e) Kitchens and service pantries.

(1) Where a kitchen or service pantry is used in connection with a place of public assembly, it shall be separated from the remainder of the place of public assembly by construction having a fire-resistance rating of at least one hour or covered on the kitchen side with a sheathing of three-sixteenths inch asbestos board or equivalent. Doors in such partitions shall be one hour self-closing fire doors or self-closing doors sheathed on the kitchen side with No. 26 gauge metal or equivalent. Such doors may have a vision panel of wired glass. Interior openings other than doors shall be provided with automatic dampers or shutters of incombustible material.

(2) The floor finish shall be of a fire retardant and nonabsorbent material such as cement, magnesite, rubber or asphalt tile, heavy linoleum, hard wood or other equivalent material.

(3) There shall be no air space in or between the floor finish and the floor beneath it.

(4) Ranges shall be provided with hoods and exhaust ducts which shall be of at least No. 26 gauge metal with tight joints. Range hoods shall be located not more than seven feet above the floor level and shall be of the width and breadth of the appliance served. A clearance of at least 18 inches shall be provided between range hoods and any combustible material. Connections from range hoods shall be to an independent chimney as required by subdivision (a) of section 36-2.7 or to a metal stack insulated from contact with any combustible material.

(5) Such hoods and ducts shall be thoroughly cleaned at least twice a year.

(6) An approved 10 pound carbon dioxide or two and one-half gallon foam fire extinguisher shall be provided and securely mounted on the wall in plain sight and readily accessible. Extinguishers shall be checked annually and recharged after use and shall be tagged to indicate when this was done and by whom.

(f) Assembly halls in fire houses. The storage of fire apparatus is permitted in the same building with an assembly hall only if the apparatus room is separated from the assembly hall by construction having a fire-resistance rating of at least one hour. Doors opening into the apparatus room shall be at least one hour self-closing fire doors. Doors leading into the apparatus room shall not constitute required exits from the assembly hall.

(g) Projection screens. Screens for projections of pictures shall be either made of incombustible materials or treated so as to neither ignite nor actively support combustion.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.9