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What is NYC FC § 104.9?

Quick Answer

This section allows for the design, installation, or use of alternative devices, equipment, or systems not specifically mentioned in the code, provided they receive approval from the commissioner. The commissioner evaluates alternatives based on compliance with the code's intent and equivalence in quality and safety. Applies to building owners seeking alternative solutions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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104.9 Alternative devices, equipment and systems.

FC § 104.9

The provisions of this code and the rules are not intended to prevent the design, installation or use of any device, equipment or system not specifically prescribed or prohibited by this code or the rules, provided that any such alternative has been approved by the commissioner. The commissioner may approve such an alternative device, equipment or system where the commissioner finds that the proposed design, installation or use is satisfactory and complies with the intent of the provisions of this code or the rules, and that the device, equipment or system offered is, for the purpose intended, at least the equivalent of that prescribed in this code or the rules in quality, strength, effectiveness, fire resistance, durability and safety.

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