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Fire Protection Plan Required for Covered Buildings

Updated: Oct 27, 2023

Chapter 1, Article 109 of the New York City Construction Codes outlines conditions where a Fire Protection Plan is required for your project.

Article 109: Fire Protection Plan

§ 28-109.1 Fire protection plan required for covered buildings.

New building and alteration applications for covered buildings as set forth in section 28-109.2 shall include a fire protection plan prepared by or under the supervision of a registered design professional who shall professionally certify such plan. Such plan shall be submitted for review and approval by the fire department for compliance with this code prior to issuance of a certificate of occupancy, a temporary certificate of occupancy or a letter of completion, as applicable. The fire protection plan shall be submitted in accordance with the rules and regulations of the fire department.

Exception: No fire protection plan shall be required for an alteration that meets all three of the following requirements:

1. The alteration does not involve a change of use or occupancy;

2. The alteration does not exceed $1,000,000; and

3. The alteration does not create an inconsistency with a previously approved fire protection plan.

(Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/195 and L.L. 2021/126.

§ 28-109.2 Covered buildings.

Covered buildings include:

1. High-rise buildings as described in section 403 of the New York city building code.

2. Occupancy groups B, E, F, H, M or S occupying two or more stories with over 20,000 gross square feet (1858 m 2 ) of floor area per floor, or occupying two or more stories in a building with a total floor area exceeding 50,000 gross square feet (4645 m 2 ).

3. Any building containing an assembly occupancy having an occupant load of 300 or more persons.

4. Occupancy group I or R-1 occupying two or more stories and containing sleeping accommodations for 30 or more persons.

5. Occupancy group R-2 occupancies containing 30 or more dwelling units in a building where over 10,000 gross square feet (929 m 2 ) of floor area is occupied by occupancy group A, E, M or I.

6. Covered mall buildings and open mall buildings designed pursuant to section 402 of the New York city building code.

(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

§ 28-109.3 Scope.

The plan shall include the following information, where applicable:

1. A description of the building including: address; block and lot numbers; number of stories; height in feet; occupancy group; construction classification; occupancy load and department of buildings application number;

2. All floors, exits, doors, corridors, and partitions serving as fire barriers, fire partitions, fire walls; locations and ratings of required enclosures and fire areas; stairs with pressurization; roof access; exit discharges; and locations of any required frontage space; and

3. In narrative form, a description of safety systems and features, including:

3.1. Communications systems.

3.2. Alarm systems.

3.3. Smoke and carbon monoxide detection equipment.

3.4. Location of fire command station.

3.5. Elevator recall.

3.6. Emergency lighting and power.

3.7. Standpipes.

3.8. Sprinklers.

3.9. Emergency and standby power systems.

3.10. Mechanical ventilation and air conditioning.

3.11. Smoke control systems and equipment.

3.12. Furnishings types and materials.

3.13. Places of assembly.

3.14. Fire department access.

3.15. Photoluminescent pathway markings.

3.16. Other safety related systems, required and voluntary, to be installed.

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