N.Y.C. Admin. Code § FC 107: Section FC 107: Maintenance

107.1 Maintenance required.

Whenever any device, equipment, system, operation, installation, fire apparatus access road, or facility regulated by this code or the rules is installed or established, including any signage or other condition or ancillary equipment necessary for its proper operation or maintenance, whether or not required for compliance with the requirements of this code or the rules, such device, equipment, system, operation, installation or facility shall thereafter be continuously maintained in good working order, in accordance with this code, the rules, the construction codes, permit or other approval conditions and approved design and installation documents, manufacturer's instructions, and any other law, rule or regulation enforced by the commissioner. Periodic inspection, testing or other actions required to ensure proper operation and maintenance shall be conducted in accordance with such laws, rules, regulations, approvals and instructions. When any inspection, test or other circumstance discloses a non-compliant condition, the necessary repairs or other corrective actions shall be taken to render such condition compliant with all applicable requirements and restore such device, equipment, system, operation, installation, fire apparatus access road or facility to good working order. All signs and other items required to be posted, and required markings, shall be maintained in a secure and legible condition and not obstructed from view.

107.2 Reserved.

107.3 Supervision.

Maintenance and testing shall be under the supervision of a competent person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code and the rules. When required by specific provisions of this code or the rules, such person shall be certified by the department or the Department of Buildings.

107.4 Tampering with or rendering equipment inoperable.

It shall be unlawful for any person to deface, obscure, remove or otherwise tamper with or render inoperable or inaccessible any fire protection system, fire hydrant, fire detection and alarm system, portable fire extinguisher or other fire appliance and related appurtenances, except as necessary during emergencies, maintenance, repairs, alterations, drills, prescribed testing or as otherwise authorized by the commissioner.

Exception: Non-emergency use of fire hydrants approved by the Department of Environmental Protection.

107.4.1 Temporary covering of fire protection devices.

Coverings placed on or over fire protection devices to protect them from damage during construction operations shall be removed immediately upon the completion of each work shift

.

107.4.2 Other tampering.

Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals required by this code, the rules, permit or order of the commissioner shall not be removed, defaced, obscured, unlocked and/or otherwise rendered illegible or inoperable.

107.5 Owner/occupant responsibility.

The owner shall be responsible at all times for the safe maintenance of a building, structure and premises in accordance with this code, and shall conduct any and all inspections or tests necessary for such maintenance. Correction and abatement of violations of this code and the rules shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this code or the rules, the occupant shall also be responsible for the abatement of such hazardous conditions.

107.6 Overcrowding.

It shall be unlawful to cause overcrowding, maintain an indoor or outdoor space in an overcrowded condition, or allow an indoor or outdoor area or space to become overcrowded. The commissioner may order remedial actions necessary to abate the overcrowding condition and prevent future recurrence of such condition, including suspending or terminating the event or other gathering, vacating the premises, enforcing the lawful use and maximum occupancy of the premises and/or requiring the provision of fire guards.

107.7 Recordkeeping.

A written record of the inspections, tests, servicing, fire watch and other operations and maintenance required by this code, the rules, the referenced standards and any other required recordkeeping referenced therein, shall be maintained on the premises or other approved location for a minimum of 3 years, unless a different period of time is specified in such code, rules or referenced standards. The commissioner may prescribe the form and format of such recordkeeping. Such records shall be made available for inspection by any department representative, and a copy of such records shall be provided to the department upon request, without charge. The department additionally may require that certain records be filed with the department in such manner as the department may prescribe, including online electronic submission, other electronic format or paper filing.