§ 805-01 Flame-Resistant Decorations.
RCNY § 805-01
(a)Scope. This section sets forth the standards, requirements and procedures for the testing and certification of flame-resistant decorations.
(b)General Provisions.
(1)Applicability. The requirements of this section apply to decorations in any Group A, E, I, M occupancy, any common area in a Group R-1, R-2 and B occupancy, and any building or indoor space used as a public gathering place, other than guest rooms in hotels and motels, private offices in commercial buildings, and houses of worship.
(2)Prohibition. It shall be unlawful to install or maintain in any premises subject to this section any decoration that is not of a flame-resistant material.
(3)Supervision. The treating of a decoration with a chemical compound to impart flame resistance shall be conducted by or under the personal supervision of a certificate of fitness holder.
(4)Affidavit of flame resistance. It shall be unlawful to install or maintain any decoration in any premises subject to this section unless an affidavit of flame resistance for such decoration has been filed with the Department in compliance with the requirements of this section.
(c)Testing of Flame-Resistant Materials. Decorations that are treated with a flame-retardant chemical to render them flame-resistant may be subject to a field flame test by Department representative at any time as set forth in this section.
(d)Affidavit of Flame-Retardant Treatment.
(5)An affidavit of flame-retardant treatment shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the decoration in the premises following the flame-retardant treatment and/or testing of the decoration in accordance with 3 RCNY § 805-01(d)(2).
(6)The Department may reject any affidavit of flame-retardant treatment that the Department determines is not in compliance with the requirements of this section, and shall give written notice of such determination to the owner of the public space containing the decoration and to the certificate of fitness holder who executed such affidavit. The decoration shall be removed from the affected occupancy and shall not be reinstalled until it has been subjected to a flame-retardant treatment in compliance with the requirements of this section and a satisfactory affidavit of flame-retardant treatment filed with the Department.
(e)Affidavit of Inherently Flame-Resistant Material.
(f)Temporary Decorations. Notwithstanding any other provision of this section to the contrary, when a decoration is installed or maintained in a premises on a temporary basis not to exceed 30 days, such as at a trade show or similar public gathering, the Department, in its discretion and upon a showing by the application that it would be an undue hardship to comply with the requirements of this section, may accept, in lieu of an affidavit of flame-retardant treatment or inherently flame-resistant material, a testing report from a nationally recognized laboratory or certification from other qualified flame-retardant treatment professionals acceptable to the Department indicating that the material has passed Test 1 or Test 2, as set forth in NFPA 701. Nothing contained in this subdivision shall be construed to necessitate that representative samples or other merchandise displayed at trade shows or similar public gatherings comply with the requirements of this section.
(g)Enforcement. In addition to such other penalties that may be applicable for failure to comply with the requirements of FC Chapter 8 or this section, the Department may: (1) order an owner of any premises containing a decoration for which no affidavit has been filed with the Department or that fails a flame test to remove such decoration forthwith, and not to reinstall or maintain the decoration in any affected occupancy unless and until the decoration has been subjected to a flame-retardant treatment and tested and an affidavit has been filed in accordance with this section.
