§ 403-01 Fire Safety Precautions at Street Fairs and Similar Outdoor Public Gatherings.
RCNY § 403-01
(a)Scope. This section sets forth requirements and procedures for the storage, handling and use of portable fueled equipment and other fire safety precautions at street fairs, bazaars, carnivals, concerts, festivals and similar outdoor public gatherings.
(b)General Provisions.
(1)Responsibility of sponsor, promoter and concessionaires. (A) The sponsor and any promoter of a street fair or similar outdoor public gathering shall ensure that such event is conducted in compliance with the fire safety requirements applicable to such event, as set forth in the Fire Code, the rules and this section. (B) Each concessionaire at a street fair or similar outdoor public gathering shall ensure that its materials, operations and facilities are designed, installed, operated and maintained in compliance with the requirements of the Fire Code, the rules, and this section.
(2)Prohibited storage, handling and use of CNG and flammable liquids. (A) The storage, handling and use of CNG is prohibited at street fairs and similar outdoor public gatherings pursuant to FC 5811.3(15). (B) It shall be unlawful to store, handle or use flammable liquids at street fairs and similar outdoor public gatherings, except in listed generators or other device, equipment or system or operation approved by the Department. Incidental storage of flammable liquids is prohibited, and all fueling of generators and other approved devices, equipment and systems shall be conducted only at times other than when the event is open to the public.
(3)Site plan, permits and inspections. (A) Not later than five (5) business days prior to the date of any street fair or similar outdoor public gathering requiring a permit from the New York City Office of Citywide Events Coordination and Management, the sponsor and any promoter of such event shall file a site plan with the plan intake window of the Bureau of Fire Prevention, together with the required plan review fee set forth in FC Appendix A, indicating the streets or other locations upon which the event will be held or surrounding the event; any areas, booths, tents or other facilities and locations to be occupied by concessionaires; the identity of such concessionaires and the nature of the activity they will conduct; and the location of any portable fueled equipment, portable generators and other devices, equipment, systems, materials and operations regulated by the Fire Code or the rules, and the storage, handling and use of hazardous materials in connection therewith. (B) The Department will review such plan and notify the sponsor if there are unlawful or unsafe conditions that must be addressed prior to the event. (C) The Department shall issue a single combined permit for each type of material and operation associated with the event. (D) The Department may conduct a pre-event site inspection. The sponsor or the promoter shall be responsible for the inspection fee set forth in FC Appendix A.
(4)Supervision. (A) The sponsor and any promoter shall ensure that all devices, equipment, systems, materials and/or operations required by the Fire Code or the rules to be supervised by a certificate of fitness holder shall be so supervised during the event. (B) Certificate of fitness holders shall, at a minimum, inspect each device, equipment or system and incidental storage area prior to commencement of use each day, to confirm that all such devices, equipment and systems are in good working order and that all necessary and appropriate fire safety precautions have been taken. A record of such surveillance shall be maintained either at a central location for all concessionaires, or at each concession area, booth or other location, and shall be made available for inspection by any Department representative. (C) The handling and use of LPG, and incidental storage thereto, including LPG used to fuel portable cooking equipment, shall be under the personal supervision of a holder a certificate of fitness for such material, in accordance with FC 6101.5.6. (D) The handling and use of kerosene and other combustible liquids, and storage incidental thereto, shall be under the personal supervision of a holder of a certificate of fitness for such material, when the aggregate amount of such combustible liquids requires a permit pursuant to 3 RCNY § 403-01(c).
(c)Specific Hazardous Material Requirements. Hazardous materials shall be stored, handled and used at street fairs and similar outdoor events in compliance with the requirements of FC Chapters 3, 57 and 61, and the following requirements: (1) General. (A) Permits for the handling and use, and incidental storage, of hazardous materials at street fairs and similar outdoor public gatherings shall be obtained based on the aggregate amount of the material, including the amounts of such material stored, handled or used by all concessionaires. (B) Concessionaire areas shall be designed and arranged, through the use of booths, portable barricades or fences, or other approved means, to separate portable fueled equipment from the public. The public shall not be allowed inside such booths or enclosures.
(d)Other Fire Safety Precautions.
(5)Fire hydrants and fire alarm boxes. The visibility of, and immediate access to, fire hydrants and fire alarm boxes shall be maintained at all times. Fire hydrants and fire alarm boxes shall be maintained free of signs or other articles or obstructions. The sponsor or promoter of the event shall conspicuously mark a solid yellow circle 12 inches in diameter in the center of the emergency access lane to indicate the location of each fire hydrant within the boundaries of the event.
(6)Fire escape ladders. Fire escape ladders shall not be obstructed in any manner that would impede their operation.
(7)Vacant buildings. Vacant buildings and temporarily unoccupied buildings in the immediate vicinity of the event shall be secured as set forth in FC 311. (Amended City Record 9/20/2023, eff. 10/20/2023)
