Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC FC § 401.4.5.1?

Quick Answer

This section outlines the requirements for designating a Fire and Life Safety (FLS) director and deputy directors within a building. The FLS director must hold a certificate of fitness and be present during business hours, ensuring compliance with the fire safety and emergency action plan. Applies to buildings requiring fire safety oversight.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

401.4.5.1 Fire and life safety director.

FC § 401.4.5.1

The comprehensive fire safety and emergency action plan shall designate an FLS director and deputy FLS directors who shall hold an FLS director certificate of fitness. The FLS director shall have the following duties and responsibilities and such other duties and responsibilities as the commissioner may prescribe by rule: 1. The FLS director shall be present in the building at all times during regular business hours. When the FLS director is absent during regular business hours, a deputy FLS director shall be present in the building and shall perform the duties of the FLS director. When a building other than a Group R-1 transient residential building or occupancy is occupied, but the number of building occupants falls below the level requiring the presence of an FLS director, the FLS building evacuation supervisor may perform the duties of the FLS director. The FLS director shall endeavor to ensure that adequate FLS staff is present during regular business hours, and, in the absence of designated staff, shall designate interim FLS staff.

2.In the event of a fire, a medical emergency or other non-fire emergency in the building, the FLS director shall report to the fire command center or designated alternative location; implement such fire safety and/or non-fire emergency actions as are warranted by the circumstances, in accordance with the provisions of the comprehensive fire safety and emergency action plan, this code and the rules; notify arriving emergency response personnel of the nature of the emergency and the response thereto; and comply with the directions of the emergency response personnel and/or other lawful authority.

3.The FLS director designated shall be fully familiar with the provisions of the comprehensive fire safety and emergency action plan and shall conduct the FLS staff training and fire and non-fire emergency drills required by FC 401.4.5.2 and 401.7. Exception: FLS staff training and fire and non-fire emergency drills may be conducted by a person holding a certificate of fitness as FEP coordinator or fire drill conductor under the personal supervision of the FLS director.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 401.4.5.1?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters