§ 407-01 Fire Safety Requirements for Sidewalk Cafes and Similar Public Gathering Places.
RCNY § 407-01
(a)Scope. This section sets forth fire safety requirements for the design, installation, operation and maintenance of sidewalk cafes and similar public gathering places.
(b)General Provisions.
(1)Applicability. The fire safety requirements of this section shall apply to sidewalk cafes and similar gathering places in courtyards, plazas, rooftops and other locations generally accessible to the public or building occupants (excluding locations intended for the private use of occupants of dwelling units).
(2)Compliance with Building Code and permit requirements. All sidewalk cafes and similar public gathering places shall be designed, installed, operated and maintained in compliance with the requirements of the Building Code, and, where required to obtain a permit from the Department of Consumer Affairs or other New York State or New York City agency, the laws, rules and regulations enforced by such agency.
(3)Submission of floor and elevation plans. Any sidewalk cafe or other similar public gathering place required to obtain a permit from the Department of Consumer Affairs or other New York State or New York City agency shall submit a copy of the approved floor and elevation diagrams or plans for such public gathering place to the Department prior to using or occupying such place.
(4)Portable fire extinguisher requirements. (A) Any sidewalk cafe required to obtain a permit from the Department of Consumer Affairs shall provide at least one (1) portable fire extinguisher having a minimum 2-A rating, which shall be kept at a conspicuous, readily accessible location. (B) Any sidewalk cafe storing, handling or using portable space heaters fueled by piped natural gas shall provide at least one (1) portable fire extinguisher having a minimum 2-A rating for each 2,500 square feet of cafe area, with at least one such portable fire extinguisher located within ten (10) feet of the entrance to the cafe.
(5)Portable space heaters fueled by piped natural gas. The storage, handling and use of portable space heaters fueled by piped natural gas shall: (A) be authorized by a permit issued pursuant to FC 105.6; (B) be supervised by a certificate of fitness holder pursuant to FC 313.5.2.6; and (C) comply with Department of Buildings Technical Policy and Procedure Notice #2/07 (The Installation of Outdoor Natural Gas Fired Heaters in Unenclosed Sidewalk Cafes, issued on September 6, 2007).
(c)Access to Fire Department Connections and Fire Hydrants. Sidewalk cafes and similar public gathering places shall not be designed, installed, operated or maintained in a manner that obscures the location of, or impedes access to, Fire Department connections and fire hydrants. Visibility and access shall be maintained in accordance with FC 507.5.4 and 912.
(d)Maintenance of Means of Egress.
(e)Flame-Resistance of Materials. Fabric awnings, canopies, decorations and umbrellas installed or used any sidewalk cafe or other similar public gathering place required to obtain a permit from the Department of Consumer Affairs or other New York State or New York City agency shall be treated to be flame-resistant or made of inherently non-combustible materials. An affidavit attesting to such flame-retardant treatment or inherently non-combustible material complying with the requirements of 3 RCNY § 805-01(d) shall be filed with the Department prior to the installation or use of such articles.
(f)Prevention of Accumulation of Combustible Waste. Decks and seating platforms shall be constructed to provide for a continuous unbroken and level floor without openings or cracks to prevent the accumulation of combustible waste in the area underneath the deck or platform. Combustible material shall not be stored under a deck or platform used for a sidewalk cafe or similar public gathering space.
