§ 805-02 Flame-Retardant Scenery.
RCNY § 805-02
(a)Scope. This section sets forth the standards, requirements and procedures for the testing and certification of flame-retardant scenery.
(b)General Provisions.
(1)Applicability. The requirements of this section apply to scenery in any Group A occupancy.
(2)Prohibition. It shall be unlawful to install or maintain in any Group A occupancy any scenery that is not flame-retardant in compliance with the requirements of FC 805.2.
(3)Supervision. The treating of scenery with a coating to impart flame retardant shall be conducted by or under the personal supervision of a certificate of fitness holder.
(4)Affidavit of flame retardant. It shall be unlawful to install or maintain any scenery in any Group A occupancy unless an affidavit of flame retardant for such scenery has been filed with the Department in compliance with the requirements of this section.
(c)Testing of Flame-Retardant Scenery. Scenery that is coated with a flame-retardant coating to render them flame-retardant 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 Coating.
(5)An affidavit of flame-retardant coating shall be filed with the Bureau of Fire Prevention not later than ten (10) days after the installation or reinstallation of the scenery in the premises following the flame-retardant coating and/or testing of the scenery in accordance with 3 RCNY § 805-02(d)(2).
(6)The Department may reject any affidavit of flame-retardant coating 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 Group A occupancy containing the scenery and to the certificate of fitness holder who executed such affidavit. The scenery shall be removed from the Group A occupancy and shall not be reinstalled until it has been subjected to a flame-retardant coating in compliance with the requirements of this section and a satisfactory affidavit of flame-retardant coating filed with the Department.
(e)Affidavit of Inherently Flame-Retardant Scenery.
(f)Temporary Scenery. Notwithstanding any other provision of this section to the contrary, when scenery 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 coating or inherently flame-retardant scenery, a testing report from a nationally recognized laboratory or certification from other qualified flame-retardant coating professionals acceptable to the Department indicating that the material is in compliance with the requirements of FC 805.2. 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 scenery for which no affidavit has been filed with the Department or that fails a flame test to remove such scenery forthwith, and not to reinstall or maintain the scenery in any affected occupancy unless and until the scenery has been subjected to a flame-retardant coating and tested and an affidavit has been filed in accordance with this section.
