FIRE SAFETY PLAN NYC HPD (FDNY LAW 408-02)
NYC FIRE SAFETY PLAN:
What is the timeline for annual safety notice mailings?
January 1 – 15: Safety notices must be mailed out to all tenants
February 15th : If responses are not received, owners/managers must make a reasonable attempt to ascertain information for each non responsive unit
March 1: Owners/managers must submit a letter to the DOHMH outlining nonresponsive units and noting attempts to gain information from them
FDNY LAW 408-02 - BUY NOW
What are annual safety notice mailings?
Annual safety notice mailings are a requirement for residential multifamily properties in New York City.
Each year, owners/managers are required to send out notices to each unit comprised of two components:
1) A response card requesting resident information for lead paint inspections and window guard requirements
2) A building specific fire safety plan and general emergency preparedness information.
Download NYC fire safety plan CLICK RED LETTERS- NYC FIRE SAFETY PLAN
Download PROTECT YOUR CHILD FROM LEAD POISONING AND WINDOW FALLS Jan,1 2020-NYC Annual Notice
Download NEW YORK CITY APARTMENT BUILDING EMERGENCY PREPAREDNESS GUIDE-NYC Guide
Download the actual law- FDNY Law 408-02
Please note that fire safety information can also be sent during Fire Prevention Week in October, but is typically grouped with lead paint/window guard information to make the process more efficient.
What are penalties for failing to send and collect annual safety notice mailings?
In addition to violations and associated penalties for failing to comply with the requirement (ranging from $500 – 1,500 per violation), knowingly failing to comply may result in a misdemeanor charge and/or six months’ imprisonment. Separately, failing to comply with the fire safety guide portion of the requirement can result in penalties of up to $10,000.
Most importantly, failing to comply with these safety regulations may result in incalculable financial and criminal risks in case of an accident or exposure. It’s imperative to comply with this process to make sure your residents and properties are protected.
Please note you required to send a letter to your tenant with the Fire Safety Plan by Jan 15th for more information and regulation check NYC web Site
§ [408-02] 401-06 Fire [Safety] and Emergency Preparedness Guide[s] and Notices (a) Scope. This section sets forth standards, requirements and procedures for the preparation, posting and[/or] distribution of [residential] apartment building fire [safety] and emergency preparedness guides and notices [required] pursuant to [FC408.9] FC401.6. (b) General Provisions
(1) Applicability. This section applies to all buildings [or parts thereof] and occupancies classified in Occupancy Group R-2, except: (A) [buildings or parts thereof subject to the provisions of FC404.2.1(8)] any building or occupancy that is occupied as a homeless shelter and that has a fire alarm system with voice communication capability; and (B) school dormitories, [and] college and university dormitories, [unless such dormitories are required to comply with this section pursuant to FC408.10] and student apartments (as that term is defined in New York City Housing Maintenance Code 27-2004(g) and Building Code Section 907.2.9.1).
(2) Fire [safety] and emergency preparedness guide[s]. The owner of a building or [part thereof] occupancy subject to this section shall prepare [a fire safety guide and distribute such guide to the occupants thereof] and distribute to building residents and building staff a fire and emergency preparedness guide, including a building information section completed by the owner, in compliance with the requirements of [FC408.9] FC401.6 and [R408-02(c)] R401-06(c).
(3) Annual fire and emergency preparedness bulletin. The owner of a building or occupancy subject to this section shall reproduce and distribute to building residents and building staff an annual fire and emergency preparedness bulletin in compliance with the requirements of R401-06(d).
(4) Fire [safety] and emergency preparedness notices. The owner of a building or [part thereof] occupancy subject to this section shall prepare, post and maintain fire [safety] and emergency preparedness notices in compliance with the requirements of [FC408.9 and R408-02(d)] R401-06(e). [(4)]
(5) Access to dwelling units. Tenants and other occupants of dwelling units in buildings and [parts thereof] occupancies 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.
5 (c) Fire [Safety] and Emergency Preparedness Guide Requirements
(1) Purpose. The fire [safety] and emergency preparedness guide [shall] serves to inform [occupants of the] building residents[, including] and building [service employees] staff[, of] about the building’s construction, fire protection systems, voice communications systems, and means of egress[, and evacuation and other procedures to be followed in the event of fire in the building]; promote fire prevention and emergency preparedness; and set forth evacuation procedures and other guidance in the event of a fire or non-fire emergency.
(2) Form. A fire [safety] and emergency preparedness guide shall be: (A) identical in content and substantially similar in format to the sample fire [safety] and emergency preparedness guide annexed to this section as Appendix 1, including the building information section (Part I) and fire and emergency preparedness information (Part II)[, 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] with a page size 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] distribute the fire [safety] and emergency preparedness guide in such other additional languages [(including symbols)] as the owner concludes would benefit building [occupants] residents and building staff. The guide is available in other languages on the Department’s website, http://www.nyc.gov/fdny.
(3) Content. The fire [safety] and emergency preparedness guide shall consist of two (2) sections: a building information section and a fire and emergency preparedness information section. The fire and emergency preparedness 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 sample guide may be downloaded from the Department’s website, http://www.nyc.gov/fdny. The building information section shall be completed by the owner with the following information: (A) The address of the premises. A separate fire [safety] and emergency preparedness 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] and emergency preparedness guide is prepared on a letterhead containing such information. For purposes of 6 the fire [safety] and emergency preparedness 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 and emergency preparedness. (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] and emergency preparedness 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  subsequent Building Code, or “fireproof” construction within the meaning of [the] a 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] an emergency voice communication system pursuant to 2014 Building Code Section 907.5.2.2 or 2008 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: 7 (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] and emergency preparedness guide was prepared; and (K) Any other fire safety or emergency preparedness 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 decorations. 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] form and for the accurate reproduction of the [fire emergency section] content of such fire [safety] and emergency preparedness guide. (5) Distribution. The fire [safety] and emergency preparedness guide shall be distributed as follows: (A) The fire and emergency preparedness guide shall be distributed [T]to each dwelling unit in the building, or an occupant thereof, and to each building [service employee] staff member, as follows: [(B)] (1) [on an annual basis] At least once every three calendar years, by hand delivery or mailing a copy by first class mail, or by email or other form of electronic transmission, as set forth in R401-06(c)(5)(B). Such distribution shall occur during Fire Prevention Week (observed during the month of October), or, if the fire [safety] and emergency preparedness 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] 8 [(C)] (2) [w]Within 60 days of any material change in building conditions affecting the content of the fire [safety] and emergency preparedness 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] occupancy subject to this section of any duty to notify building occupants, the Department or other party pursuant to FC901.7 [that any] when a fire protection system is not functional[.]; [(D)] (3) To a new [occupant] building resident, 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 upon which the [occupant] building resident assumes occupancy of the premises[.]; and [(E)] (4) To a new building [service employee] staff member, by providing a copy to such employee not later than the date upon which the employee actually commences to perform duties at the premises. (B) Instead of a printed copy, the owner may distribute the fire and emergency preparedness guide by email or other form of electronic transmission if the building resident elects in writing to receive it in such manner, or participates in any other form of electronic communication established by owner for all building residents which enables building residents to receive, read and download documents. The owner shall provide, upon request, a printed copy of the fire and emergency preparedness guide to any building resident who received it electronically. A notice to that effect shall be included on the email or other form of electronic transmission. The owner shall additionally email or otherwise re-transmit the guide upon request of such building resident. [(F)](C) Each distribution of the fire [safety] and emergency preparedness 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] the building resident or the building [service employee] staff member, or by sworn affidavit of the employee or agent of the owner who actually delivered the fire [safety] and emergency preparedness guide, or other form of approved recordkeeping, identifying the date and manner of delivery and the dwelling units to which it was delivered or the names of the [occupants] building residents or building staff who received it. A printed record of the distribution of fire and emergency preparedness guides by electronic transmission shall be maintained unless such electronic communications system can reliably maintain such information and readily generate an approved record that can be provided to the Department upon request. (6) Inspection. The owner shall make available for inspection upon request of any Department representative a copy of the last [three (3)] two (2) annual fire [safety] and emergency preparedness guides and proof of distribution. 9 (d) Annual Fire and Emergency Preparedness Bulletin Requirements (1) Purpose. The annual fire and emergency preparedness bulletin serves to supplement the fire and emergency preparedness guide with timely fire and/or emergency preparedness information and guidance. (2) Website Posting. No later than August of each year, the Department will post on its website, http://www.nyc.gov/fdny, in one or more standard document formats, the fire and emergency preparedness bulletin to be reproduced and distributed by owners in the upcoming year to building residents and building staff. The bulletin will not exceed four (4) pages in length when printed in Times New Roman 11 point font on 8½ x 11 inch paper. It may include photographs or other pictorial information. (2) Distribution. The owner shall reproduce all of the content of the annual fire and emergency preparedness bulletin posted on the Department’s website in a form substantially similar to the posted bulletin, and distribute it during the following Fire Prevention Week (or at the time of the window guard notice distribution) in the same manner as set forth in R401-06(c)(5). (e) Fire [Safety Notice] and Emergency Preparedness Notice Requirements (1) Purpose. The fire [safety] and emergency preparedness notice [shall] serves to inform [occupants of the] building residents[, including building service employees and visitors, as to the] and building staff about evacuation [and other] procedures and to provide other guidance [to be followed] in the event of a fire or non-fire emergency in the building or occupancy. (2) Form. Each fire [safety] and emergency preparedness notice shall be: (A) substantially similar in format to the applicable sample fire [safety] and emergency preparedness notice annexed to this section as Appendix 2, and include all of the information contained in such sample [fire safety] notice; (B) printed on a single-sided sheet of paper framed under a clear plexiglas cover or laminated with a firm backing and designed to be affixed by mounting hardware or an adhesive, or printed on a matte-finish vinyl adhesive-backed decal not less than three (3) mils in thickness, using thermalprinting, screenprinting or other permanent, water-resistant printing technique; (C) 5½ inches by 8½ inches in size (excluding any frame), except that fire [safety] and emergency preparedness notices to be posted in the common area of the residential building or [part] occupancy thereof may be up to 8½ by 11 inches in size; 10 (D) printed such that all text is clearly legible, using contrasting lettering and a type size not smaller than ten (10) point Times New Roman or equivalent; and (E) printed in the English language. The owner may print the fire [safety] and emergency preparedness notice in such other additional languages (including symbols) as the owner concludes would benefit the building occupants. In such event, the fire [safety] and emergency preparedness notice may exceed 5½ inches by 8½ inches in size. The fire and emergency preparedness notices are available in other languages on the Department’s website, http://www.nyc.gov/fdny. (3) Content. The fire [safety] and emergency preparedness notice shall reproduce the entire [text] content of the sample [fire safety] notice annexed hereto as Appendix 2 that is applicable to the building or occupancy, as follows: (A) Noncombustible construction. The [text] content 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] R401-06(c)(3)(E). (B) Combustible construction. The [text] content 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] R401-06(c)(3)(E). (4) Accuracy of information. The owner of each residential building or [part thereof] occupancy subject to the requirements of this section [shall be] is responsible for the accurate reproduction of the fire [safety] and emergency preparedness notices. (5) Posting. Fire and emergency preparedness notices shall be posted in accordance with the following requirements: (A) Location. A fire [safety] and emergency preparedness 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] and emergency preparedness notice shall be securely affixed, by mounting hardware or an adhesive, to the door or wall such that no part of the fire [safety] and emergency preparedness 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. 1
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