Int. No. 570

By Council Members Koppell, Barron, Clarke, Gennaro, Gerson, Jackson, Jennings, Nelson, Quinn, Stewart and Yassky

A Local Law to amend the administrative code of the city of New York, in relation to fire safety in places of public assembly.

 Be it enacted by the Council as follows:

Section 1. Declaration of Legislative Findings and Intent.  Recently, in a nightclub in Warwick, Rhode Island, many people lost their lives in a fire that was caused by pyrotechnics.  Investigations revealed that the club had used flammable foam for soundproofing, had a wooden frame, an exit door that swung inwards, missing fire extinguishers, and many other fire hazards. 

Due to the provisions of our fire code and the diligent inspections of the Fire Department, such dangerous conditions rarely exist in New York City.  However, not only are places of public assembly difficult to evacuate because of their crowding, but the occupants of places of public assembly such as night clubs are often inebriated.  Nonetheless, places of public assembly are only required to have one fireguard, regardless of their size or number of occupants.  Moreover, fire safety plans for places of public assembly are primarily required to contain a description of the physical space, but need not detail fire safety and evacuation procedures.

The Council finds that maintaining a modern fire code is critical to public health and safety.  Accordingly, the Council finds that it is reasonable and necessary to update the fire code provisions relating to places of public assembly.

                     § 2. Subchapter 28 of chapter 4 of title 27 of the administrative code of the city of New York is amended to read as follows:

§ 27-4256. Inspections.

§ 27-4256.1. Primary fireguard.

§ 27-4256.2. Fire safety and evacuation plans.

§ 27-4256.3. Employee training and response procedures.
§ 27-4257. Obstruction of aisles and passageways.
§ 27-4258. Exits to be indicated.
§ 27-4259. Locked doors in cabarets, dance halls and places of public amusement.
§ 27-4260. Sprinkler and fire alarm protection and emergency lighting in places of assembly.
§ 27-4261. Means of egress in motion picture theatres.
§ 27-4262. Fire prevention in motion picture theatres.
§ 27-4263. Fire extinguishing appliances in motion picture theatres.
§ 27-4264. Violations.

§ 27-4256. Inspections. a. Licensed places of public assembly and places of public assembly as defined in article two of subchapter two of the building code shall be subject to periodic inspections by the division of licensed places of public assembly as defined by subdivision b of section 15-101 of the code.

b. Protection against fire or panic. The commissioner may detail, not to exceed two members of the uniformed force of the fire department, to each and every place of amusement where machinery or scenery are in use, while such place is open to the public. Their duty shall be to guard against fire, to take charge and control of the means provided for its extinguishment, and to control and direct the employees of the place to which they may be detailed in the extinction of any fire which may occur therein. A member of the uniformed force on such detail shall inspect every portion of the building to which he or she may be detailed, during each public performance therein, for the purpose of guarding and protecting the occupants from fire or panic.

c. In all places of public amusement or entertainment not provided with the foregoing, [there shall be employed by] the owner, agent, or lessee [or proprietor] thereof shall employ[,] at least one or more person[ ]s for each exit facility required under subchapter six of chapter one of the building code who possesses a certificate of fitness as a fireguard issued by the commissioner.  The fireguard personnel shall be on duty continuously in the main audience area during the times such places are open to the public, or when a performance is being conducted to [protect and guard the occupants of such buildings from fire and other sources of danger.]keep diligent watch for fires, obstructions to means of egress and other hazards and take prompt measures for remediation of hazards, extinguishment of fires that occur and assist in the evacuation of the public from the structure. [In addition, the owner or proprietor of a place of assembly as defined in article two of subchapter two of the building code, when the lawful use, occupancy or operation of such place is contingent upon the issuance of a license by the department of consumer affairs, shall employ one or more persons holding a certificate of fitness, whose duty it shall be to organize, train and drill the staff of such place with respect to fire safety, in accordance with the requirements of the commissioner.] However, building code occupancy group F-1A or F-1B places of assembly of Class 1A or 1B construction with mainly fixed seating, and place of assembly occupancies accommodating more than three hundred persons which are in conformity with the provisions of subchapter seven for special occupancy structures of the code enacted January first, nineteen hundred thirty-eight or are exempt thereunder pursuant to article sixteen of subchapter seven of the building code of fireproof or fire protected construction with mainly fixed seating shall be exempt from this subsection.

d. Upon activation of a fire alarm signal, employees or staff shall immediately notify the department.

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

§ 27-4256.1 Primary fireguard. One employee shall be designated as primary fireguard and one or more employees as deputy primary fireguard. The responsibilities of the primary fireguard shall, in accordance with the requirements of the commissioner, include the training of staff with respect to fire safety, the direction and execution of the evacuation as provided in the fire safety and evacuation plan during fire emergencies, and the planning and conduct of drills. In the absence of the primary fireguard, a deputy primary fireguard shall act as primary fireguard.

§ 27-4256.2. Fire safety and evacuation plans.  The owner, agent, or lessee shall prepare and maintain a fire safety and evacuation plan in accordance with the requirements of and subject to the approval of the commissioner.

a. Fire evacuation plans. Fire evacuation plans shall include a description of the following: emergency egress or escape routes; procedures for employees who must remain to operate critical equipment before evacuation; procedures for accounting for employees and occupants after evacuation has been completed; identification and assignment of personnel responsible for rescue and emergency medical aid; the preferred and any alternative means of notifying occupants of a fire or emergency; the preferred and any alternative means of reporting fires and other emergencies to the fire department; identification and assignment of personnel who can be contacted for further information or explanation of duties under the plan; and a description of the emergency voice/alarm communication system alert tone and preprogrammed voice messages, where provided.

b. Fire safety plans. In addition to the requirements of section 27-228.2 of the building code, fire safety plans shall include the following: the procedure for reporting a fire or other emergency; the life safety strategy and procedures for notifying, relocating, or evacuating occupants; site plans indicating the occupancy assembly point and the normal routes of fire department vehicle access; floor plans identifying primary and secondary evacuation routes, accessible egress routes, areas of refuge, manual fire alarm boxes, portable fire extinguishers, and occupant use hose stations; a seating plan as required under section 27-528 of the building code; a list of major fire hazards associated with the normal use and occupancy of the premises, including maintenance and housekeeping procedures; identification and assignment of personnel responsible for maintenance of systems and equipment installed to prevent or control fires; and identification and assignment of personnel responsible for maintenance, housekeeping and controlling fuel hazard sources.

c. Maintenance. Fire safety and evacuation plans shall be reviewed or updated annually or as necessitated by changes in staff assignments, occupancy, or the physical arrangement of the place of public assembly. Such plans shall be available in the workplace for reference and review by employees.

d. Emergency evacuation drills. Emergency evacuation drills shall be conducted, in accordance with the fire safety and evacuation plan, at least once every three months. A written record of such drills shall be kept on the premises for a three year period and shall be readily available for inspection by the fire department.

§ 27-4256.3. Employee training and response procedures. a. Employees shall be trained in the fire emergency procedures described in the fire evacuation and fire safety plans as part of new employee orientation and at least annually thereafter. A written record of such training shall be kept on the premises for a three year period and shall be readily available for inspection by the fire department.

b. Employees shall be trained in fire prevention, evacuation and fire safety in accordance with the following:

(1) Fire prevention training. Employees shall be apprised of the fire hazards of the materials and processes to which they are exposed. Each employee shall be instructed in the proper procedures for preventing fires in the conduct of their assigned duties.

(2) Evacuation training. Employees shall be familiarized with the fire alarm and evacuation signals, their assigned duties in the event of an alarm or emergency, evacuation routes, areas of refuge, exterior assembly areas, and procedures for evacuation.

                     (3) Fire safety training. Employees assigned firefighting duties shall be trained to know the locations and proper use of portable fire extinguishers or other manual firefighting equipment and the protective clothing or equipment required for its safe and proper use.

                     § 3. Section 27-4258 of the administrative code of the city of New York is amended to read as follows:

                     § 27-4258. Exits to be indicated. (a) The owner, lessee, manager, or other person having charge or control of any theatre or place of assembly as defined shall cause each and every door and means of exit, for use in case of fire or panic, to be conspicuously marked by an exit or directional sign, as required by the building code, so as to be clearly visible to the occupants by whom the same may be used. In addition, a diagram or plan of each tier in the auditorium, showing clearly and distinctly all aisles, exits and total number of seats on each tier, shall be posted in the office of the premises or in the program of the performance in any space classified as a F-1A occupancy under the building code such diagram may be printed in black lines, occupying a space on the program of ten square inches or more.
                     (b) An audible announcement shall be made not more than 10 minutes prior to the start of any performance or program to notify the occupants of the locations of exits to be used in the event of a fire or other emergency; provided, however, that in motion picture theatres the announcement may be projected upon the screen in a manner approved by the commissioner.

                     § 4. This local law shall take effect 120 days after its enactment; except that the fire commissioner shall take all actions necessary to implement this local law on or before the date upon which it shall take effect.

LS# 2925

RBU

9/25/2003 12:30 PM