Fire and emergency preparedness notices (§ 401-06 Fire and Emergency Preparedness Guide and Notices)

§ 401-06 Fire and Emergency Preparedness Guide and Notices.

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(a) Scope. This section sets forth standards, requirements and procedures for the preparation, posting and distribution of apartment building fire and emergency preparedness guides and notices pursuant to FC 401.6; the emergency preparedness and evacuation planning checklist pursuant to Administrative Code § 15-134; the "close the door" notices required by Administrative Code § 15-135; and the hurricane evacuation notices pursuant to FC 406.2.3.

(b) General Provisions.

(1) Applicability. This section applies to all buildings and occupancies classified in Occupancy Group R-2, except:

(A) any building or occupancy that is occupied as a homeless shelter and that has a fire alarm system with voice communication capability; and

(B) school dormitories, college and university dormitories, and student apartments (as that term is defined in New York City Housing Maintenance Code 27-2004(g) and Building Code Section 907.2.9.1).

(2) Fire and emergency preparedness guide. The owner of a building or occupancy subject to this section shall prepare and distribute to building residents and building staff a fire and emergency preparedness guide, including a building information section completed by the owner, in compliance with the requirements of FC 401.6 and R401-06(c).

(3) Annual fire and emergency preparedness bulletin. The owner of a building or occupancy subject to this section shall reproduce and distribute to building residents and building staff an annual fire and emergency preparedness bulletin in compliance with the requirements of R401-06(d).

(4) Fire and emergency preparedness notices. The owner of a building or occupancy subject to this section shall prepare, post and maintain fire and emergency preparedness notices in compliance with the requirements of R401-06(e).

(5) Emergency preparedness / evacuation planning checklist. The owner of a building or occupancy subject to this section shall prepare and distribute to building residents and building staff an emergency preparedness/evacuation planning checklist, in compliance with the requirements of R401-06(f).

(6) Close the door notices. The owner of a building or occupancy subject to this section shall prepare, post and maintain close the door notices in compliance with the requirements of R401-06(g).

(7) Hurricane evacuation notices. The owner of a building or occupancy subject to this section shall prepare, post and maintain a hurricane evacuation notice in compliance with the requirements of R401-06(h).

(8) Access to dwelling units. Tenants and other occupants of dwelling units in buildings and occupancies subject to this section shall allow the owner of such premises access to such dwelling unit, upon reasonable notice, for purposes of compliance with this section.

(1) Purpose. The fire and emergency preparedness guide serves to inform building residents and building staff about the building’s construction, fire protection systems, voice communications systems, and means of egress; promote fire prevention and emergency preparedness; and set forth evacuation procedures and other guidance in the event of a fire or non-fire emergency.

(2) Form. A fire and emergency preparedness guide shall be:

(A) identical in content and substantially similar in format to the sample fire and emergency preparedness guide annexed to this section as Appendix 1, including the building information section (Part I) and fire and emergency preparedness information (Part II);

(B) printed as a single-sided or double-sided document, stapled or bound, in full-page or booklet format with a page size not smaller than 8 1/2 inches by 11 inches nor larger than 8 1/2 inches by 14 inches;

(C) printed such that all text is clearly legible, using contrasting lettering and a type size not smaller than eleven (11) point Times New Roman or equivalent. A large-print guide will be posted on the Department’s website, http://www.nyc.gov/fdny; and

(D) printed in English. The owner may distribute the fire and emergency preparedness guide in such other additional languages as the owner concludes would benefit building residents and building staff. The guide is available in other languages on the Department’s website, http://www.nyc.gov/fdny.

(3) Content. The fire and emergency preparedness guide shall consist of two (2) sections: a building information section and a fire and emergency preparedness information section. The fire and emergency preparedness information section shall reproduce the entire text of the sample guide annexed hereto as Appendix 1. The sample guide may be downloaded from the Department’s website, http://www.nyc.gov/fdny. The building information section shall be completed by the owner with the following information:

(A) The address of the premises. A separate fire and emergency preparedness guide shall be prepared for each building, except buildings that have common means of egress.

(B) The name and address of the owner of the building or the owner’s representative, unless the fire and emergency preparedness guide is prepared on a letterhead containing such information. For purposes of the fire and emergency preparedness guide, the owner’s representative shall be any person or company authorized by the owner to receive and respond to complaints, violations or questions regarding building fire safety and emergency preparedness.

(D) The year the building was constructed.

(E) Whether the building is of combustible or non-combustible construction. For purposes of the fire and emergency preparedness guide, all buildings, including non-residential buildings containing residential occupancies, shall be deemed to be of “combustible construction” unless:

(1) The current Certificate of Occupancy for the building issued by the Department of Buildings or a Letter of No Objection by same indicates that the building is of “non-combustible” construction or “fireproof” construction; or

(2) If there is no Certificate of Occupancy or Letter of No Objection for the building, a registered design professional has provided written certification that the building is of “non-combustible” construction within the meaning of the 1968 or subsequent Building Code, or “fireproof” construction within the meaning of a Building Code in effect prior to 1968.

(F) Whether the building is equipped with a sprinkler system, and if so, whether such sprinkler system protects the entire building or only certain areas, and, if only certain areas, specifying those areas (for example, “the compactor chute on each floor and the compactor room and boiler room in the basement”).

(G) Whether the building is equipped with a fire alarm system, and if so:

(1) the general location of the manual fire alarm boxes of such system (for example, “by the main entrance of building and next to the stairwell at each end of the corridor on each floor”); and

(2) whether the manual fire alarm boxes, when activated, transmit an alarm to an approved central station that notifies the Department.

(H) Whether the building is equipped with an emergency voice communication system pursuant to 2014 Building Code Section 907.5.2.2 or 2008 Building Code Section 907.2.12.2 (Exception 3), or other public address system (apart from any intercom system), and if so, the location of the speakers.

(I) All means of egress from the building, and the general location and any identification number of such means of egress, including:

(1) unenclosed interior stairwells;

(2) enclosed interior stairwells;

(3) exterior stairwells;

(4) fire tower stairwells;

(5) fire escapes;

(6) all exits from the building (for example, “main entrance on first floor exiting onto 1st Avenue; service entrance from basement level exiting by ramp onto 5th Street; emergency exit (with alarm) from stairwell exiting on north side of building with access to 5th Street; rear entrance at basement level to rear yard with no access to street; emergency exit (with alarm) at top of stairwell to roof with no access to ground or adjoining buildings.”);

(J) The date the fire and emergency preparedness guide was prepared; and

(K) Any other fire safety or emergency preparedness information or requirements (including lease provisions, house rules or other private building regulations) that the owner may wish to include, such as restrictions on storage or decorations. Any private building regulations shall be clearly identified as such.

(4) Accuracy of information. The owner of each building shall be responsible for the accuracy of the information contained in the building information form and for the accurate reproduction of the content of such fire and emergency preparedness guide.

(5) Distribution. The fire and emergency preparedness guide shall be distributed as follows:

(A) The fire and emergency preparedness guide shall be distributed to each dwelling unit in the building, or an occupant thereof, and to each building staff member, as follows:

(1) At least once every three calendar years, by hand delivery or mailing a copy by first class mail, or by email or other form of electronic transmission, as set forth in R401-06(c)(5)(B). Such distribution shall occur during Fire Prevention Week (observed during the month of October), or, if the fire and emergency preparedness guide is distributed together with the window guard notices required by New York City Administrative Code § 17-123, at such time as the rules of the New York City Department of Health and Mental Hygiene require the annual distribution of such window guard notices to be made;

(2) Within 60 days of any material change in building conditions affecting the content of the fire and emergency preparedness guide, other than temporary repairs or maintenance work. Nothing contained herein shall be construed to relieve an owner of any building or occupancy subject to this section of any duty to notify building occupants, the Department or other party pursuant to FC 901.7 when a fire protection system is not functional;

(3) To a new building resident, by providing a copy at the time the lease, sublease or other agreement allowing occupancy of the dwelling unit is presented to the occupant for signature, or, if there is no written agreement, not later than the date upon which the building resident assumes occupancy of the premises; and

(4) To a new building staff member, by providing a copy to such employee not later than the date upon which the employee actually commences to perform duties at the premises.

(B) Instead of a printed copy, the owner may distribute the fire and emergency preparedness guide by email or other form of electronic transmission if the building resident has provided an email address to the owner for the purpose of receiving building-related communications, otherwise elects in writing to receive the guide in such manner, or participates in any other form of electronic communication established by owner for all building residents which enables building residents to receive, read and download documents. The owner shall additionally:

(1) deliver or mail the guide in the event of an unsuccessful email or other electronic transmission;

(2) retransmit it upon request; and

(3) provide, upon request, a printed copy of the fire and emergency preparedness guide to any building resident who received it electronically. A notice to that effect shall be included on the email or other form of electronic transmission.

(C) Each distribution of the fire and emergency preparedness guide shall be documented by a United States Postal Service certificate of mailing or other proof of mailing, or, if hand delivered, by receipt signed by the building resident or the building staff member, or by sworn affidavit of the employee or agent of the owner who actually delivered the fire and emergency preparedness guide, or other form of approved recordkeeping, identifying the date and manner of delivery and the dwelling units to which it was delivered or the names of the building residents or building staff who received it. A printed record of the distribution of fire and emergency preparedness guides by electronic transmission shall be maintained unless such electronic communications system can reliably maintain such information and readily generate an approved record that can be provided to the Department upon request.

(6) Recordkeeping. The owner shall document compliance with this section by maintaining a copy of the last two (2) fire and emergency preparedness guides and proof of distribution.

(d) Annual Fire and Emergency Preparedness Bulletin Requirements.

(1) Purpose. The annual fire and emergency preparedness bulletin serves to supplement the fire and emergency preparedness guide with timely fire and/or emergency preparedness information and guidance.

(2) Website Posting. No later than August 15th of each year, the Department will post on its website, http://www.nyc.gov/fdny, in one or more standard document formats, the fire and emergency preparedness bulletin to be reproduced and distributed by owners in the upcoming year to building residents and building staff. The bulletin will not exceed four (4) pages in length when printed in Times New Roman 11 point font on 8 1/2 x 11 inch paper. It may include photographs or other pictorial information.

(3) Distribution. The owner shall reproduce all of the content of the annual fire and emergency preparedness bulletin posted on the Department’s website in a form substantially similar to the posted bulletin, and distribute it during the following Fire Prevention Week (or at the time of the window guard notice distribution) in the same manner as set forth in R401-06(c)(5).

(4) Inspection. The owner shall make available for inspection upon request of any Department representative a copy of the last two (2) annual fire and emergency preparedness bulletins and proof of distribution.

(e) Fire and Emergency Preparedness Notice Requirements.

(1) Purpose. The fire and emergency preparedness notice serves to inform building residents and building staff about evacuation procedures and to provide other guidance in the event of a fire or non-fire emergency in the building or occupancy.

(2) Form. Each fire and emergency preparedness notice shall be:

(A) substantially similar in format to the applicable sample fire and emergency preparedness notice annexed to this section as Appendix 2, and include all of the information contained in such sample notice;

(B) printed on a single-sided sheet of paper framed under a clear plexiglas cover or laminated with a firm backing and designed to be affixed by mounting hardware or an adhesive, or printed on a matte-finish vinyl adhesive-backed decal not less than three (3) mils in thickness, using thermalprinting, screenprinting or other permanent, water- resistant printing technique;

(C) 5 1/2 inches by 8 1/2 inches in size (excluding any frame), except that fire and emergency preparedness notices to be posted in the common area of the residential building or occupancy thereof may be up to 8 1/2 by 11 inches in size. The size of the notice may be increased to accommodate a building resident’s request for a large print notice;

(D) printed such that all text is clearly legible, using contrasting lettering and a type size not smaller than ten (10) point Times New Roman or equivalent; and

(E) printed in the English language. The owner may print the fire and emergency preparedness notice in such other additional languages (including symbols) as the owner concludes would benefit the building occupants. In such event, the fire and emergency preparedness notice may exceed 5 1/2 inches by 8 1/2 inches in size. The fire and emergency preparedness notices are available in other languages on the Department’s website, http://www.nyc.gov/fdny.

(3) Content. The fire and emergency preparedness notice shall reproduce the entire content of the sample notice annexed hereto as Appendix 2 that is applicable to the building or occupancy, as follows:

(A) Noncombustible construction. The content of this notice shall be used for dwelling unit doors and common areas when the building is of noncombustible construction within the meaning set forth in R401-06(c)(3)(E).

(B) Combustible construction. The content of this notice shall be used for dwelling unit doors and common areas when the building is of combustible construction within the meaning set forth in R401-06(c)(3)(E).

(4) Accuracy of information. The owner of each residential building or occupancy subject to the requirements of this section is responsible for the accurate reproduction of the fire and emergency preparedness notices.

(5) Posting. Fire and emergency preparedness notices shall be posted in accordance with the following requirements:

(A) Location. A fire and emergency preparedness notice shall be posted in each of the following locations:

(1) Dwelling unit door. On the inside surface of the front or main entrance door of each dwelling unit in the building.

(2) Common area. In a conspicuous location near any common mailbox area customarily used by building occupants, or if there is no common mailbox area, in a conspicuous location in or near the elevators or main stairwell.

(B) Method of posting. Each fire and emergency preparedness notice shall be securely affixed, by mounting hardware or an adhesive, to the door or wall such that no part of the fire and emergency preparedness notice (excluding any frame) is lower than four (4) feet from the floor, nor higher than five and a half (5 1/2) feet from the floor.

(C) Posting of building information section. A copy of Part I of the fire and emergency preparedness guide (the building information section completed by the owner) shall be posted with the fire and emergency preparedness notice in the common area.

(6) Maintenance and replacement. The owner shall maintain the fire and emergency preparedness notice and the building information section (Part I of the fire and emergency preparedness guide) in the common area and maintain the fire and emergency preparedness notice on dwelling unit doors.

(A) The owner shall prepare, distribute and post any amended building information section within sixty days of any material change in building conditions requiring such amendment.

(B) The owner shall replace any missing or damaged notice on a dwelling unit door, or, in an apartment building with a cooperative or condominium form of ownership, require the apartment owner to post a replacement notice provided by the cooperative or condominium board of directors, in all of the following circumstances, and may charge the building resident the reasonable cost of its replacement:

(1) whenever the owner or the owner's managing agent or building staff become aware of a missing or damaged notice;

(2) prior to any lawful change in occupancy of the dwelling unit; and

(3) at any other time upon written request of the building resident.

(C) The owner, or cooperative or condominium board of directors, shall periodically monitor and enforce compliance with this requirement by requesting and obtaining residential certifications and/or conducting inspections, as follows:

(1) Resident notice and certification program. Except as otherwise provided in R401.06(e)(6)(C)(2), the owner or board of directors shall distribute to each apartment resident a resident notice and, for completion and return to such owner or board, a resident certification form by which the tenant or apartment owner may certify that the fire and emergency preparedness notice has been posted and is being maintained on their dwelling unit door. If the resident certification form for a dwelling unit is not completed and returned by the next April 30th following the date of mailing, representatives of the owner or board of directors shall conduct an inspection of such dwelling unit within one (1) year. If the resident certification form is returned indicating the posting is missing, the owner or board shall promptly arrange with the apartment resident to post the notice. The resident notice and resident certification form shall be distributed with the fire and emergency preparedness guide in the manner prescribed in R401.06(c)(5) and shall contain the following information:

(A) Resident notice. The following language shall be prominently printed in bold lettering not smaller than 14 point Times New Roman typeface or equivalent: "Fire Department Notice. Building owners and apartment residents are required to post a small Fire Safety Notice (not larger than 6" x 9", excluding the frame if framed) on the inside of the main entrance door to your apartment. We regret the intrusion, but the Fire Safety Notice is designed to save your life and those of your family. It contains important information and guidance about what to do in the event of a fire in your building. This information needs to be immediately available to all apartment residents if there is a fire. For additional information, refer to the NYC Apartment Building Emergency Preparedness Guide, which accompanies this notice.

• If the Fire Safety Notice is posted, please sign and return the certification confirming its presence. False statements are punishable by law.

• If the Fire Safety Notice is not posted, please complete and return the form to indicate it is missing and to request that it be posted.

Failure to complete and return the resident certification form will require the building owner/manager to inspect your apartment to check on the presence and condition of the Fire Safety Notice. The Fire Safety Notice will be posted at no expense to you unless the notice posted in your apartment at the time you moved in is missing or damaged. Thank you for your cooperation."

(B) Resident certification. A place for the apartment resident's signature and the date shall be provided under the following certification: "I hereby certify that the Fire Safety Notice provided by the building owner has been posted and is being maintained on the inside of the main entrance door to my apartment. I understand false statements are punishable by law." The resident certification form shall also include a means of indicating that the Fire Safety Notice has not been posted and requesting that it be posted.

(C) Return instructions. Instructions for returning the resident certification form to the owner or board of directors, including pre-paid postage if mailing is required, shall be included.

(2) Inspection program. The owner or board of directors may elect to forgo distribution to apartment residents of the resident notice and resident certification form pursuant to R401.06(e)(6)(C)(1) by establishing an inspection program by which representatives of the owner or board conduct inspections of all apartments at least once every three (3) years to ascertain the presence and condition of the fire and emergency preparedness notice.

(3) Recordkeeping. The owner or board shall document compliance with these requirements by maintaining a written record of the following for a period of at least three years:

(A) the distribution of the resident notice and resident certification form to apartment residents, or documentation of an inspection program to ascertain the presence and condition of the fire and emergency preparedness notice in all apartments:

(B) the apartments for which the resident certification form was completed and returned;

(C) the date of inspection (or attempted inspections) of each apartment, except apartments for which a resident certification confirming presence of the fire and emergency preparedness notice has been received; and

(D) for each apartment inspected, the presence or absence of the posted fire and emergency preparedness notice, and the posting of a replacement notice or other remedial action taken if the notice is missing or damaged.

(f) Emergency Preparedness and Evacuation Planning Checklist.

(1) Purpose. The emergency preparedness and evacuation planning checklist serves to assist building residents in the development of individual emergency evacuation plans. It highlights for all building residents, including persons with limited mobility or other disabilities or special needs, key issues relative to their ability to evacuate the building in an emergency, and identifies actions that they should take to prepare for a safe evacuation.

(2) Form. The emergency preparedness and evacuation planning checklist shall be identical in content and substantially similar in format to the sample emergency preparedness and evacuation planning checklist annexed to this section as Appendix 3, and shall otherwise comply with the format set forth in R401-06 (c)(2)(B), (C) and (D).

(3) Distribution. The emergency preparedness and evacuation planning checklist shall be distributed to apartment residents with the fire and emergency preparedness guide in the manner set forth in R401-06 (c)(5).

(4) Recordkeeping. The owner shall document compliance with this section by maintaining a copy of the last two (2) emergency preparedness and evacuation planning checklists and proof of distribution.

(g) Close the Door Notice.

(1) Purpose. The close the door notice is intended to provide a clear, visible reminder to building residents of the importance of closing each door as one exits one's apartment and building during a fire. Closing these doors serves to contain the fire and smoke within the apartment, assist in firefighting operations and prevent smoke from entering the stairwells through which building residents may need to evacuate.

(2) Form. Each close the door notice shall be:

(A) substantially similar in format to the sample notice annexed to this section as Appendix 4, and include all of the information contained in such sample notice;

(D) printed such that all text is clearly legible, with white lettering against a fire-engine red background or fire-engine red bold lettering against a white background and a type size of thirty-eight (38) point Times New Roman or equivalent for the first line of text; twenty-four (24) point Times New Roman or equivalent for the second line of text; twenty (20) point Times New Roman or equivalent for the third and fourth lines of text; and fourteen (14) point Times New Roman or equivalent, in black lettering, for the Administrative Code citation, which shall read: "NYC Admin Code § 15-135;"

(E) printed with a full-color illustration, with an image size no smaller than one and three-quarters (1 3/4) inches by one and three-quarters (1 3/4) inches, on a white background; and

(F) printed in the English language. The owner may print the fire and emergency preparedness notice in such other additional languages (including symbols) as the owner concludes would benefit the building occupants. The close the door notice is available in other languages on the Department's website, http://www.nyc.gov/fdny.

(3) Posting. Close the door notices shall be posted and maintained on the public hallway corridor side of each stairwell door in the building, in the manner set forth in R401-06 (e)(5)(B). No posting is required for an open stair. Missing or damaged notices shall be promptly replaced.

(h) Hurricane Evacuation Notice.

(1) Purpose. In buildings and occupancies within a New York City Department of Emergency Management (NYCEM) designated hurricane evacuation zone, the hurricane evacuation notice shall inform building occupants of their building or occupancy’s current hurricane evacuation zone designation and how to locate the closest hurricane evacuation center. Buildings and occupancies outside of designated hurricane evacuation zones are not required to post a hurricane evacuation notice.

(2) Content. The hurricane evacuation notice shall identify the hurricane evacuation zone in which the building or occupancy is located (by specifying the numerical zone designation). The notice shall also indicate that the closest hurricane evacuation center can be located either by calling 311 or visiting the website operated by NYCEM and specifying the webpage URL.

(3) Form. The hurricane evacuation notice shall be in the form prescribed by the New York City Department of Emergency Management and posted on that agency’s website, at www1.nyc.gov/site/em/resources/zoneposters.page. The notice shall be printed in the English language and may be posted in such other additional languages (including symbols) as the NYCEM posts on its website or the owner concludes would benefit the building occupants.

(4) Posting. The hurricane evacuation notice shall be posted in a conspicuous location in the building lobby at or near the main building entrance, common mailbox area customarily used by building occupants, street level elevators or a main stairwell. The notice shall be affixed to the wall by adhesive or in a frame, displayed in an enclosed, locked bulletin board, or otherwise durably and securely posted.

(5) Maintenance and replacement. Missing or damaged notices shall be replaced promptly.

(Amended City Record 8/30/2018, eff. 10/1/2018; amended City Record 10/11/2019, eff. 11/15/2019; amended City Record 11/17/2020, eff. 12/17/2020)

Appendix 1

Instructions: To be reproduced and distributed by the owner in accordance with 3 RCNY § 401-06.

PART I – BUILDING INFORMATION SECTION

NEW YORK CITY APARTMENT BUILDING
EMERGENCY PREPAREDNESS GUIDE
BUILDING INFORMATION

[Click here for a printable PDF file of this guide]

BUILDING ADDRESS: ________________________________________

BUILDING OWNER/REPRESENTATIVE:
Name: ________________________________________
Address: ________________________________________
Telephone: ________________________________________

BUILDING INFORMATION:
Year of Construction: __________________
Type of Construction:   __ Combustible    __ Non-Combustible
Number of Floors: ______ Aboveground ______ Belowground
Sprinkler System: __ Yes __ No
Sprinkler System Coverage: __ Entire Building    __ Partial (complete all that apply):
   __ Dwelling Units: ________________________________________
   __ Hallways: ________________________________________
   __ Stairwells: ________________________________________
   __ Compactor Chute: ________________________________________
   __ Other: ________________________________________

Fire Alarm: __ Yes Transmits Alarm to Fire Dept/Fire Alarm Co __ No
Location of Manual Pull Stations: ________________________________________

Public Address System: __ Yes __ No
Location of Speakers: __ Stairwell __ Hallway __ Dwelling Unit __ Other: ________________________________________

Means of Egress (e.g., Unenclosed/Enclosed Interior Stairs, Exterior Stairs, Fire Tower Stairs, Fire Escapes, Exits):

Type of Egress	Identification	Location	Leads to

Other Information: ________________________________________

DATE PREPARED: __________________________________________

Home Fire Safety - information to tenant

It is important to have an escape plan should you ever find yourself in your home when a fire begins.

Creating an escape plan and practicing it can help keep you and your family safe. Developing an easy to remember plan can help keep young children from harm.

Follow these tips to help keep your family and home safe:

Protect your family by planning and practicing a home fire escape plan.
Know two ways out from each room and agree on a meeting place outside your home so you will know everyone is out safely.

Make sure your carbon monoxide alarms work.
Twice a year when you change your clocks:

Change your smoke detector alarm battery.
Change your carbon monoxide detector alarm battery.
Practice your home fire escape.

If there is a fire:

Do not try to fight the fire yourself.
Get out and stay out. Do not try to gather personal possessions.
Close the door on your way out.
If smoke is present, exit as low to the ground as possible and keep your mouth covered.
Call 911 once you reach a safe location.
If any part of you or your clothing catches fire, do not run or try to put out the fire with your hands. Cover your face with your hands and drop to the ground and roll over and over.

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For more information about what is required, see the laws that are referenced and the rules applicable to your city and state. This page is for informational purposes only and is not intended as legal advice, professional advice or a statement of law. You may wish to consult with an attorney