N.Y.C. Admin. Code § FC 414: Section FC 414: Mercantile Occupancies and Covered Malls

414.1 General.

Department stores, retail and wholesale stores and other Group M buildings and occupancies, including covered malls, shall comply with the emergency preparedness requirements set forth in FC 401, 416 and this section.

414.2 Emergency preparedness in mercantile occupancies with comprehensive fire safety/emergency action plans.

Group M occupancies that are required by FC 414.2.1 to have a comprehensive fire safety and emergency action plan shall comply with the emergency preparedness requirements of this section.

414.2.1 Comprehensive fire safety/emergency action plan (Level 1).

A comprehensive fire safety and emergency action plan in accordance with FC 401.4 shall be prepared for:

1. a high-rise Group M building.

2. a building with one or more Group M occupancies with an aggregate area of more than 300,000 square feet (27 870 m

2

) on high-rise floors.

3. a covered mall of more than 300,000 square feet (27 870 m

2

).

414.2.2 Fire and life safety staff.

The comprehensive fire safety and emergency action plan required by FC 414.2.1 shall designate FLS staff consisting of an FLS director and such other FLS staff as the commissioner may prescribe by rule as appropriate for such building or occupancy, including building occupants designated by lessees of tenant spaces and similar occupancies. FLS staff shall be provided with initial and refresher FLS staff training in accordance with FC 401.4.5.2.

414.3 Emergency preparedness in mercantile buildings and occupancies with fire and emergency preparedness plans.

Group M buildings and occupancies required by FC 414.3.1 to have a fire and emergency preparedness plan shall comply with the emergency preparedness requirements of this section.

414.3.1 Fire and emergency preparedness plan (Level 2).

A fire and emergency preparedness plan in accordance with FC 401.5 shall be prepared for the following buildings and occupancies (other than buildings and occupancies subject to FC 414.2):

1. a Group M occupancy of more than 30,000 square feet (2787 m

2

), in which more than twenty-five persons are employed during regular business hours.

2. a building with one or more Group M occupancies with an aggregate area of more than 30,000 square feet (2787 m

2

) in which more than twenty-five persons are employed during regular business hours.

3. a covered mall of more than 30,000 square feet (2787 m

2

).

414.3.2 Fire and emergency preparedness staff.

The commissioner may prescribe by rule that in a Group M building or occupancy provided with voice communication capability, other than buildings and occupancies subject to FC 414.2, there shall be present during regular business hours one or more members of the FEP staff required pursuant to FC 401.5.5 who hold a certificate of fitness for emergency announcements and other fire safety duties

.

414.4 Special circumstances.

The commissioner shall, under circumstances prescribed by rule, modify the emergency preparedness requirements for any Group M building or covered mall where the configuration of such building or covered mall, including its pedestrian areas and means of egress, is such that the purposes of this section would be better served by requiring a different type of emergency preparedness plan or reducing the level of the emergency preparedness plan and/or staffing. The owner may request guidance from the department as to the appropriate emergency preparedness plan to be prepared for such a building or covered mall prior to preparation of the emergency preparedness plan required by this section. Such request shall be accompanied by a floor plan and other appropriate documentation of the configuration of the building or covered mall.