N.Y.C. Admin. Code § FC 102: Section FC 102: Applicability

102.1 Design and installation provisions.

The design and installation provisions of this code shall apply to:

1. Facilities established and conditions arising on or after the effective date of this code.

2. Facilities and conditions not lawfully existing prior to the effective date of this code.

3. Facilities and conditions lawfully existing prior to the effective date of this code, except as otherwise provided in FC 102.3, 102.4 and 102.5.

102.2 Operational and maintenance provisions.

The operational and maintenance provisions of this code, including permit and certification requirements, shall apply to all facilities, operations, conditions, uses and occupancies, regardless of when they were established or arose.

102.2.1 Existing permits and certificates continued.

Permits and certificates for facilities, operations, conditions, uses and occupancies issued pursuant to the New York City Fire Prevention Code and in effect on the effective date of this code shall remain in effect until they expire unless sooner revoked or suspended in accordance with this code. Renewal of such permits and certificates shall be in accordance with the provisions of this code.

102.2.2 New permits and certificates.

Whenever this code is amended or a rule is promulgated to require a permit or certificate for a facility, operation, condition, use or occupancy, and no permit or certificate was previously required therefor pursuant to this code or the rules, such facility, operation, condition, use or occupancy may be continued without such permit or certificate for a period of 1 year from the effective date of such amendment or rule, except as may otherwise be provided by such amendment or rule.

102.3 Lawfully existing conditions as of June 30, 2008.

Except as otherwise provided in FC 102.5, the following conditions, which were lawfully existing on June 30, 2008, but which would not be allowed or approved under the fire code enacted effective as of July 1, 2008, may be continued in compliance with the requirements of the New York City Fire Prevention Code and other laws, rules, regulations and permit conditions that existed when such conditions were lawfully allowed or approved and as such requirements may be amended from time to time:

1. The facilities that may be maintained on a premises, and the design and installation of such facilities;

2. The materials that may be manufactured, stored, handled or used in or on a premises, and the conditions of such manufacturing, storage, handling and/or use; and

3. The operations that may be conducted and/or the conditions under which such operation may be conducted.

102.4 Lawfully existing conditions as of the date of fire code amendments.

Except as otherwise provided in FC 102.5, the following conditions lawfully arising on or after July 1, 2008, and lawfully existing on the effective date of an amendment to this code, which would not be allowed or approved under such amendment, may be continued in compliance with the provisions of this code existing prior to such amendment, and other applicable laws, rules and regulations, and the terms and conditions of any permits and other approvals, applicable at the time such facility was lawfully allowed or approved, and as such provisions may be amended from time to time:

1. The facilities that may be maintained on a premises, and the design and installation of such facilities;

2. The materials that may be manufactured, stored, handled or used in or on premises, and the conditions of such manufacturing, storage, handling and/or use; and

3. The operations that may be conducted and/or the conditions under which such operation may be conducted.

102.5 Fire code compliance of lawfully existing conditions.

A lawfully existing condition, as set forth in FC 102.3 and 102.4, shall, notwithstanding the provisions of such sections, comply with the requirements of this code under the following circumstances:

1. When specifically required by this code.

2. When the commissioner determines such facility or condition constitutes a life safety hazard.

3. When the part of the building, structure, facility or premises in which the lawfully existing condition exists undergoes a change in use or occupancy.

4. When the part of the building, structure, facility or premises in which the lawfully existing condition exists undergoes alteration, whether made voluntarily, or as a result of damage, deterioration or other cause.

102.6 Relationship with other applicable codes, standards and rules.

102.6.1 Referenced codes.

Any codes or other provisions of law referenced in this code, including those referenced in FC Chapter 80, shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences or inconsistencies arise between the provisions of this code and any other code or provision of law referenced in this code, the more restrictive provision shall govern.

102.6.1.1 Construction codes and Electrical Code references.

References in this code to the construction codes or the Electrical Code shall not be deemed to be a grant of authority to the commissioner to enforce such codes, provided, however, that the department may require proof of compliance with the requirements of such codes in connection with permit issuance, plan approval or other department approval or authorization.

102.6.2 Appendices and referenced standards.

Any appendix to this code and any referenced standard in FC Chapter 80 shall be considered part of the requirements of this code to the prescribed extent of each such reference. The provisions of any appendix or referenced standard may be amended by the commissioner pursuant to the rule making process set forth in the charter. Where differences or inconsistencies arise between the referenced standards, the provisions of this code or any rules promulgated thereunder, the provisions of this code or such rules shall govern.

102.6.3 Rules.

The commissioner may promulgate rules in accordance with the charter and this code.

102.7 Subjects not regulated by this code.

Where no applicable fire safety or other safety standards or requirements are set forth in this code, or applicable laws, codes, rules or regulations enforced by the commissioner, facilities, operations and conditions in a building, structure, facility or other premises shall comply with nationally recognized fire safety or other safety standards of the particular industry, as approved. Nothing herein shall derogate from the authority of the commissioner to determine compliance with the requirements of the codes, standards, or rules for those facilities, operations and conditions within such buildings, structures, facilities or other premises within the commissioner's jurisdiction or responsibility.

102.8 Matters not adequately provided for in this code.

Requirements that are essential for fire safety in an existing or proposed building, structure, or premises, or in connection with the regulation of any material, operation or facility, which are not specifically provided for by this code may be established by the commissioner.

102.9 Internal references and inconsistent provisions.

Where one chapter, section or other provision of this code requires compliance with or otherwise references another chapter, section or other provision of this code, such reference shall be construed in a manner that harmonizes the various provisions and furthers the purpose of this code. Where British and metric units of measurement conflict, the British units shall govern.