N.Y.C. Admin. Code § FC 311: Section FC 311: Vacant and Temporarily Unoccupied Premises

311.1 Vacant buildings.

Any vacant building, structure or premises, or part thereof, shall be deemed to constitute a temporarily unoccupied building and shall be safeguarded and maintained in compliance with the requirements of this section, unless such building, structure or premises has been deemed unsafe pursuant to Article 216 of Title 28 of the Administrative Code, in which case it shall be safeguarded and maintained in compliance with the requirements of the Department of Buildings and/or the Department of Housing, Preservation and Development, as applicable.

311.2 Temporarily unoccupied buildings.

Temporarily unoccupied buildings, structures, premises or parts thereof, including tenant spaces, shall be secured and protected in accordance with this section.

311.2.1 Security.

Exterior openings and interior openings accessible to unauthorized persons, including tenants, shall be locked or otherwise protected to prevent entry by unauthorized persons.

311.2.2 Fire protection.

Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condition at all times, except as authorized by the commissioner.

311.2.3 Fire separation.

Fire-resistance-rated partitions, fire barriers, and fire walls, including those separating temporarily unoccupied tenant spaces from the remainder of the building shall be maintained. Openings, joints, and penetrations in fire-resistance-rated assemblies shall be protected in accordance with Chapter 7 of the Building Code.

311.3 Removal of combustible waste.

The owner of any building, structure or premises, or part thereof, that is deemed unsafe, and any temporarily unoccupied building, structure or premises, or part thereof, shall remove therefrom and prevent accumulations of rubbish and other combustible waste by regular cleaning of the premises.

Exception: Temporarily unoccupied buildings, structures, premises or parts thereof undergoing construction or repair in accordance with the Building Code, where rubbish and other combustible waste is controlled and removed in accordance with FC 304.

311.4 Removal of hazardous materials.

The owner of any vacant building, structure or premises, or part thereof, that contains hazardous materials and that is deemed unsafe pursuant to Article 216 of Title 28 of the Administrative Code shall comply forthwith with the facility closure requirements of FC 5001.6. The owner of a temporarily unoccupied building, structure or premises, or part thereof, that contains hazardous materials regulated by FC Chapter 50 shall comply with the facility closure requirements of FC 5001.6. Vacant and temporarily unoccupied buildings, structures or premises, and all parts thereof, shall thereafter be maintained free of hazardous materials, including hazardous waste material, except as approved by the commissioner.

311.5 Covered malls.

Unoccupied tenant spaces in covered malls shall be:

1. kept free from the storage of any combustible materials.

2. kept separate from other tenant spaces and areas of the mall by maintaining any fire separation requirement of the Building Code during the period of time that the space remains unoccupied or under reconstruction.

3. periodically inspected on at least a weekly basis to ensure that the space is being maintained in accordance with this section. Doors to spaces shall be secured from entry by keeping all doors locked at all times when the space is unoccupied.

4. kept free from rubbish and other combustible waste.