Fire Safety Notice (§ 408-02)
FDNY Fire safety Notice – NYC fire safety Notice:
New York City Fire Department (FDNY) requires landlords to post and distribute Notices in all apartment building the fire safety and emergency preparedness documents. The requirements apply to multiple dwellings in New York City, those with 3 or more residential units.
Summary of the Law:
- New York City building owners must post the Building Information Form in a frame or signage in the lobby or mailbox area.
- Owners are also required to post a FEP/Fire Safety Notice—specific to
- Door “ fire safety Notice” -Non-Combustible Construction
- Door fire safety Notice for Combustible Construction
Where the sign need to be posted in the following locations:
- A common area, conspicuously located near mailboxes or, if there is no common mailbox area, in or near elevators or the main stairway.
NYC Lobby fire safety Notice
- The inside surface of the front door for each dwelling unit
NYC Door Fire safety Notice
- In addition, owners need to post a Close the Door Notice in “conspicuous locations” in every residential building. The sign reminds residents to close all doors behind them when escaping a fire and on each stairway doors.
- The Fire Safety Guide has been replaced with a Fire and Emergency Preparedness Guide (FEP Guide), titled NYC Apartment Building Emergency Preparedness Guide. Building owners must distribute the guide, along with the building information form above, to building residents at the time of occupancy and every three years as part of a building-wide distribution.
- Every year, owners also need to distribute the Fire and Emergency Preparedness Annual Bulletin, updated by FDNY.
The FEP Guide is available in a large-print format on the FDNY website, and the FEP Guide and Fire Safety Notices
Fire Safety Notices are signs/stickers affixed to residents’ doors as reference in case of emergency. There are Notices for Combustible buildings and Non-Combustible buildings.
NYC fire safety Notice rule for (aka “FDNY Back-of-Door Notices” – combustible and non-combustible versions) is posted on the back of every unit door.
What will be our recommendation to be in compliance with the law and future liabilities?
1) At lease signing Put a clause that tenant inspected the unit and it has
- Working Smoke and carbon monoxide in each room
- Windows guards
- Stove knob
- Fire safety sticker on the back of the door.
2) At Lease renewal Put a clause that tenant inspected the unit and it has
- Working Smoke and carbon monoxide in each room
- Windows guards
- Stove knob
- Fire safety sticker on the back of the door.
WHAT’S THE RECOMMENDED INSPECTION PROCESS OPTION FOR NYC APARTEMNT FIRE SAFETY NOTICE ?
The law specifically states that owners and managers can forgo distributing certification forms and establish an inspection program, checking each unit at least once every 3 years to “ascertain the presence and condition of the fire & emergency preparedness notice.”
The annual fire notice informs all building occupants about the necessary procedures in case of a fire. The necessary pages that need to be sent to all tenants can found here. The landlord must complete the first page. Instructions on how to fill it out can be found here
Owners of apartment buildings (three or more apartments) are required to post an Emergency Preparedness Notice on the inside of all apartment entrance doors and in the lobby or common area.
*Please note: A building is defined as “combustible” if it is built using lighter, stud-frame construction or wood joists on masonry bearing walls. A building is defined as “non-combustible” if it was built using steel, masonry, or concrete frames.
For more information, go to FDNY’s Rules webpage.
NYC Apartment Building Emergency Preparedness Guide, Building Information Form, Bulletin, Checklist and Notices
The Fire Safety Guide required to be distributed to apartment building residents and staff has been superseded by the NYC Apartment Building Emergency Preparedness Guide. The new Guide, revised Building Information form, Fire Safety Notices, Annual Bulletin, Individual Emergency Preparedness/Evacuation Planning Checklist, and Close the Door Notice are posted below in a PDF format suitable for distribution and posting:
- NYC Apartment Building Emergency Preparedness Guide with Cover (PDF)
- Building Information Form (PDF)
This form is in a fillable PDF format that can be completed on-line and printed
- 2019-2020 Fire and Emergency Preparedness Annual Bulletin (PDF)
- FEP/Fire Safety Notice - Non-Combustible Construction (PDF)
- FEP/Fire Safety Notice - Combustible Construction (PDF)
- Individual Emergency Preparedness/Evacuation Planning Checklist (PDF)
This form is in a fillable PDF format that can be completed on-line and printed
- Close the Door Notice (PDF)
The deadline for the distribution of the 2019-2020 Fire and Emergency Preparedness Annual Bulletin, the initial distribution of the Individual Emergency Preparedness/Evacuation Planning Checklist, and the posting of the Close the Door Notice, is April 30, 2020.
The Fire Emergency Preparedness Guide is available in a large-print format.
The Fire Emergency Preparedness Guide and Fire Safety Notices are also available in other languages:
Residential Fire Safety Guides and Notices
§ 408-02 Residential Fire Safety Guides and Notices (a) Scope: This section sets forth standards, requirements and procedures for the preparation, posting and/or distribution of residential fire safety guides and notices required pursuant to FC408.9. (b) General Provisions
(1) Applicability. This section applies to all buildings or parts thereof in Occupancy Group R-2, except: (A) buildings or parts thereof subject to the provisions of FC404.2.1(8); and (B) school and college dormitories, unless such dormitories are required to comply with this section pursuant to FC408.10.
(2) Fire safety guides. The owner of a building or part thereof subject to this section shall prepare a fire safety guide and distribute such guide to the occupants thereof in compliance with the requirements of FC408.9 and R408-02(c).
(3) Fire safety notices. The owner of a building or part thereof subject to this section shall prepare, post and maintain fire safety notices in compliance with the requirements of FC408.9 and R408-02(d).
(4) Access to dwelling units. Tenants and other occupants of dwelling units in buildings and parts thereof 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. (c) Fire Safety Guide Requirements (1) Purpose. The fire safety guide shall serve to inform occupants of the building, including building service employees, of the building’s construction, fire protection systems, means of egress, and evacuation and other procedures to be followed in the event of fire in the building. (2) Form. A fire safety guide shall be: (A) substantially similar in format to the sample fire safety guide annexed to this section as Appendix 1, and include all of the information contained in such sample fire safety guide; (B) printed as a single-sided or double-sided document, stapled or bound, in full-page or booklet format, on paper not smaller than 8½ inches by 11 inches nor larger than 8½ inches by 14 inches in size; (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; and (D) printed in English. The owner may print the fire safety guide in such other additional languages (including symbols) as the owner concludes would benefit building occupants. (3) Content. The fire safety guide shall consist of two (2) sections: a building information section and a fire emergency information section. The fire emergency information section shall reproduce the entire text of that section as set forth in the sample fire safety guide annexed hereto as Appendix 1. The building information section shall be completed by the owner with the following information: (A) The address of the premises. A separate fire safety 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 safety guide is prepared on a letterhead containing such information. For purposes of the fire safety 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. (C) The number of floors in the building, above and below ground level. (D) The year the building was constructed. (E) Whether the building is of combustible or non-combustible construction. For purposes of the fire safety 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 2008 Building Code, or “fireproof” construction within the meaning of the 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 a one-way voice communication system pursuant to 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 safety guide was prepared; and (K) Any other fire safety 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 decoration. 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 section of the fire safety guide and for the accurate reproduction of the fire emergency section of such fire safety guide. (5) Distribution. The fire safety guide shall be distributed as follows: (A) To each dwelling unit in the building, or an occupant thereof, and to each building service employee: (B) on an annual basis, by hand delivery or mailing a copy by first class mail, during Fire Prevention Week (observed during the month of October), or, if the fire safety 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; and (C) within 60 days of any material change in building conditions affecting the content of the fire safety guide, other than temporary repairs or maintenance work. Nothing contained herein shall be construed to relieve an owner of any residential building or part thereof of any duty to notify building occupants, the Department or other party that any fire protection system is not functional. (D) To a new occupant, 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 at the date the occupant assumes occupancy of the premises. (E) To a new building service employee, by providing a copy to such employee not later than the date upon which the employee actually commences to perform duties at the premises. (F) Each distribution of the fire safety guide shall be documented by a United States Postal Service certificate of mailing or other official proof of mailing, or, if hand delivered, by receipt signed by an occupant of the dwelling unit or the building service employee, or by sworn affidavit of the employee or agent of the owner who actually delivered the fire safety guide, identifying the date and manner of delivery and the dwelling units to which it was delivered or the names of the occupants who received it. (6) Inspection. The owner shall make available for inspection upon request of any Department representative a copy of the last three (3) annual fire safety guides and proof of distribution. (d) Fire Safety Notice Requirements (1) Purpose. The fire safety notice shall serve to inform occupants of the building, including building service employees and visitors, as to the evacuation and there procedures to be followed in the event of fire in the building. (2) Form. Each fire safety notice shall be: (A) substantially similar in format to the sample fire safety notice annexed to this section as Appendix 2, and include all of the information contained in such sample fire safety notice. The fire safety notice shall reproduce the entire text of the sample fire notice annexed hereto as Appendix 2 that is applicable to the building, as follows: (A) Noncombustible construction. The text 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 R408-02(c)(3)(E). (B) Combustible construction. The text 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 R408-02(c)(3)(E). (4) Accuracy of information. The owner of each residential building or part here of subject to the requirements of this section shall be responsible for the accurate reproduction of the fire safety notices. (5) Posting. (A) Location. A fire safety 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 safety notice shall be securely affixed, by mounting hardware or an adhesive, to the door or wall such that no part of the fire safety notice (excluding any frame) is lower than four (4) feet from the floor, nor higher than five and a half (5½) feet from the floor. (C) Posting of Building Information Section. A copy of Part I of the fire safety guide (the building information section) shall be posted with the fire safety notice in the common area. Such posting shall be in the same form as the fire safety notice. (6) Maintenance and replacement. The owner shall maintain the fire safety notice in the common area and shall prepare and post any amended Part I (building information section) of the fire safety guide within sixty days of any material change in building conditions requiring such amended fire safety guide. The owner shall replace any missing or damaged notice on the dwelling unit door prior to any lawful change in occupancy of the dwelling unit. The owner shall replace any missing or damaged notice at any other time upon written request of the tenant. The tenant may be charged the reasonable cost of replacement.
408.10.1 Fire Safety and Evacuation Plan
The fire safety and evacuation plan required by Section 404 shall include special staff actions, including fire protection procedures necessary for residents, and shall be amended or revised upon admission of a resident with unusual needs.
Section 404 Fire Safety and Evacuation Plans
Fire safety, evacuation and lockdown plans and associated drills shall comply with the requirements of Sections 404.2 through 404.5.1.
404.2 Where Required
An approved fire safety and evacuation plan shall be prepared and maintained for the following occupancies and buildings.
1. Group A, other than Group A occupancies used exclusively for purposes of religious worship that have an occupant load less than 2,000.
2. Group B buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge.
3. Group E.
4. Group F buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge.
5. Group H.
6. Group I.
7. Group R-1.
8. Group R-2 college and university buildings.
9. Group R-4.
10. High-rise buildings.
11. Group M buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge.
12. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area.
13. Open mall buildings exceeding 50,000 square feet (4645 m2) in aggregate area within perimeter line.
14. Underground buildings.
15. Buildings with an atrium and having an occupancy in Group A, E or M.
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