2008 NYC Fire Code
New Hazardous Materials
Regulations (Laboratory &
Non-Laboratory)
History

Legislation was signed by Mayor Bloomberg on June 3, 2008.

New Fire Code took effect on July 1, 2008 with maintenance & operational
requirements immediately enforceable. Among these requirements were
permits and certificates of fitness, recordkeeping, signage, safety shower
installation, housekeeping, periodic testing and maintaining means of egress.

On July 1, 2009, the FDNY began enforcing new certificate of fitness, new
permit and new design requirements of the new code. These included
installation of fire suppression systems, fire alarm systems, mechanical
ventilation systems and quantity limitations.

The new Fire Code is codified as Title 29 of the Administrative Code of the City
of New York. Fire Code sections are to be referenced by the letters “FC”
followed by the section number. For example, section 2706 of the NYC Fire
Code would be cited as FC 2706.
History (continued)

From July 2008 through October 2009, the Fire Department began
repealing old rules, writing new rules and re-promulgating existing
rules to augment and supplement the new Code. These rules are
compiled in Title 3 of the Rules of the City of New York.

The new Fire Department rules have been renumbered to parallel the
new Fire Code sections, and terms defined in the Fire Code or the
rules appear in italics. For example, the Fire Code section dealing with
labs is section 2706 while the rules applicable to labs is known as
section 2706-01.

Rule sections are to be referenced by the letter “R” or “3RCNY”
followed by the section number. For example, section 2706-01 of the
rules would be cited as R 2706-01 or 3RCNY 2706-01.
History (continued)

The Fire Department has established a ”Frequently Asked
Questions” web page about the new Fire Code and rules.
To view the Frequently Asked Questions, click on this.

Questions about the new Fire Code and rules may be submitted
to the Fire Department using the “Fire Code Inquiry Form” on
this website.
To submit a Fire Code question, click on this.

The new Code, Rules and the FAQ can be accessed via our
Department’s website at www.nyc.gov/fdny.
Applicability

Facilities that were “lawfully existing” under the old code
(prior to July 1, 2008) will have most of the new design criteria
waived (grandfathered).

New installations, facilities, and new construction (including
substantial alterations) and those that were not lawfully
existing under the old Code (prior to July 1, 2008) will be
required to fully comply with the new Code.
“Lawfully Existing”

Using two examples cited in the new Rules, under the heading, “pre-existing
facilities and conditions” I offer the following:
“… an existing below-grade storage facility for flammable liquids lawfully
designed and installed ….. prior to July 1, 2008 ….. in compliance with the
design and installation requirements for such facilities set forth in …... New
York City Fire Prevention Code, is a pre-existing facility which may be continued
in compliance with the provisions of the New York City Fire Prevention Code
and the rules in effect ….. notwithstanding the fact that such below-grade
facility would not be allowed or approved in a control area under the Fire Code”.

“… an existing LPG storage facility that was lawfully designed and installed on
a premises pursuant to Fire Prevention Directive 2-88, ….. may be continued in
compliance with said directive, notwithstanding the fact that the quantity of
LPG storage authorized by said directive exceeds the quantity that would be
allowed or approved under the Fire Code”.
HazMat Permits, COFs and Regulations

The following hazardous materials are now regulated by the FDNY and, in certain
quantities, require a permit and supervision by a C-91 Certificate of Fitness holder:
•
•
•
•
•
•
•
•
•
•
Corrosives – Fire Code chapter 31
Flammable Solids – Fire Code chapter 36
Highly Toxic and Toxic Materials – Fire Code chapter 37
Ozone Generators – Fire Code chapter 37
Organic Peroxides – Fire Code chapter 39
Oxidizers – Fire Code chapter 40
Pyrophoric Materials – Fire Code chapter 41
Pyroxylin Plastics – Fire Code chapter 42
Unstable (Reactive) Materials – Fire Code chapter 43
Water-Reactive Solids and Liquids – Fire Code chapter 44
Note: Requirements for other previously regulated hazardous materials can be found in the
new Code as follows; Compressed Gases (chapter 30), Cryogenic Gases (chapter 32),
Flammable/Combustible Liquids (chapter 34); Flammable Gases (chapter 35); and
LPG/Propane (chapter 38).
What is a Certificate of Fitness?

A certificate issued to individuals who pass a test administered
by the FDNY (at FDNY Headquarters in Downtown Brooklyn)
and are authorized to perform certain regulatory functions
mandated by the Fire Code.

Study Materials, Notice of Examination, Memorandum of
Understanding, Applications, Directions, Sample Letters of
Recommendation, Requirements and Instructions are available
at FDNY Headquarters (9 Metrotech Center, Brooklyn, 11201)
or online at the FDNY website, www.nyc.gov/fdny; look for
the “Certificate of Fitness” link.
Certificate of Fitness Process
•
A completed application (A20) and letter of recommendation from the
employer.
•
Government-issued identification.
•
$25 in check, cash, money order, or credit card (no debit cards accepted).
•
Monday -Fridays, 8:30am - 2:30pm (no appointment necessary unless more
than 5 employees from the same facility are taking the test at one time).
•
Must achieve a score of at least 70% on multiple choice exam.
•
Upon completion of test, individuals receive COF card or failure report on
the spot.
How is a “Permit” obtained?

Permits are issued upon satisfactory completion of an on-site inspection
by Fire Prevention Inspectors. Permits are sent out by mail after receipt of
permit fee and renewable on an annual basis after a satisfactory reinspection of the premises.

Requests for inspections may be submitted to the FDNY by mail, phone,
fax or email as follows:

Bureau of Fire Prevention, 9 Metrotech Center, Brooklyn, NY 11201
Sandy Camacho, Deputy Chief Inspector, Laboratory Inspection Unit
Work Phone (718) 999 2502, Fax (718) 999 1015
camachs@fdny.nyc.gov



Permits (continued)
The following documents should be submitted and/or available prior to our onsite
inspection:

NYC Department of Buildings approved plans and/or Certificate of Occupancy
(CofO).

Certificates of Fitness.

NYC DEP Tier II Report (NYC Right to Know Law) or a Chemical Inventory List.

NYSDEC Chemical Bulk Storage (CBS) Registration (for tanks)

MSDS (only for uncommon chemicals and/or mixtures)
Permits (continued)
Issuance of permits contingent upon compliance with the following:
• Applicant must meet all applicable requirements of the Fire Code
and Rules for the specific hazardous material, including signage,
certificates of fitness, fire extinguishers, test affidavits, etc.
• Payment of permit fee (dependent on types of hazardous materials
and quantities).
• Satisfactory examination of DOB approved plans or acceptance of
CofO in lieu of plans.
FDNY fee exemption removal
On June 29, 2009 Mayor Bloomberg signed legislation passed by the City Council
narrowing the non-profit fee exemption for inspections performed by the Fire Department.
Organizations exempted from fees are:

City Agencies fully funded by the City of New York (DEP, NYPD, DOS, FDNY, DOB)

State Agencies

All Kindergarten through 12th Grade schools

Religious Institutions
Organizations not exempted from fees include:

CUNY, Hospitals (including HHC), Nursing Homes, Libraries, Zoos, Museums, Charities
Hazardous Materials
Non – Laboratory application
Corrosive Materials

Corrosive Material: A material that causes full thickness destruction of
human skin at the site of contact within a specified period of time
when tested by methods set forth in Department of Transportation
(DOT) regulations 49 CFR Sections 173.136 and 173.137; or a liquid
that has a severe corrosion rate on steel or aluminum based on the
criteria set forth in DOT regulations 49 CFR Section 173.137(c)(2).

Corrosives can be either Acids or Bases

Acid -A solution that has a pH less than 7.0

Base - A solution that has a pH greater than 7.0. Basic materials or
solutions are sometimes called “caustic” or “alkaline”
Corrosive Materials (continued)

pH Scale
Corrosive Materials (continued)

Some common corrosive materials:
• Acids
Sulfuric Acid, Nitric Acid, Hydrochloric
(Muriatic) Acid, Hydrofluoric Acid, Acetic
Acid, Chromic Acid
• Bases
Ammonium Hydroxide, Sodium Hydroxide
(Lye), Sodium Hypochlorite (Bleach), Soda
Lime, Calcium Hypochlorite
• Gases
Chlorine, Ammonia
Corrosive Materials (continued)

Corrosives may have serious health risks (including
death) upon exposure or inhalation.

Corrosives can corrode metals and cause damage to
property.

Corrosives, if exposed to incompatible materials, can
lead to dangerous reactions such as explosions,
release of toxic gas, and/or extreme fire conditions.
Corrosive Materials (continued)
Corrosive Threshold Quantities

Permit Thresholds:
• Liquids - 55 gallons
• Solids - 1,000 lbs
• Gases - 400 SCF

Certificate of Fitness Thresholds:
• Liquids - 550 gallons
• Solids - 1,000 lbs
• Gases - 400 SCF
Flammable Solids

FLAMMABLE SOLID: A solid, other than a blasting agent or other explosive,
whether in elemental or alloy form, that is capable of causing fire through
friction, absorption of moisture, spontaneous chemical change, or heat retained
from manufacturing or processing, or which has an ignition temperature below
212°F (100°C) or which burns so vigorously and persistently when ignited as to
create a serious hazard.

Many flammable solids may react violently or explosively on contact with
water.

Flammable Solids may be ignited by friction, heat, sparks, or flame and burn
vigorously.

Flammable Solids may cause explosions when heated under confinement or
when dusts are released in the air.
Flammable Solids

Some common examples of flammable solids
• Aluminum powder
• Camphor
• Magnesium
• Matches
• Naphthalene
• Nitrocellulose
• Phosphorus
• Sulfur
• Picric Acid (wetted with not less than 10% water).
Flammable Solids
Flammable Solids

Permit and Certificate of Fitness Threshold
FORMS OF FLAMMABLE SOLID
INDOORS
OUTDOORS
Pigs, ingots, billets, heavy castings
1,000 lbs
100 lbs
Light castings, light metallic products
125 lbs
100 lbs
Scraps, shavings, powders, dusts
1 lb
100 lbs
Toxic Materials
Toxic Material: A chemical that is lethal at the following doses or concentration:

A chemical that has a median lethal dose (LD50) of more than 50 milligrams per kilogram,
but not more than 500 milligrams per kilogram of body weight when administered orally
to albino rats weighing between 200 and 300 grams each; or

A chemical that has a median lethal dose (LD50) of more than 200 milligrams per kilogram
but not more than 1,000 milligrams per kilogram of body weight when administered by
continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin
of albino rabbits weighing between 2 and 3 kilograms each; or

A chemical that has a median lethal concentration (LC50) in air of more than 200 parts per
million but not more than 2,000 parts per million by volume of gas or vapor, when
administered by continuous inhalation for 1 hour (or less if death occurs within 1 hour) to
albino rats weighing between 200 and 300 grams each; or

A chemical that has a median lethal concentration (LC50) in air of more than 2 milligrams
per liter but not more than 20 milligrams per liter of mist, fume or dust, when
administered by continuous inhalation for 1 hour (or less if death occurs within 1 hour) to
albino rats weighing between 200 and 300 grams each.
Highly Toxic Materials
Highly Toxic Material: a chemical that is lethal at the following doses or concentration,
including the following:

A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of
body weight when administered orally to albino rats weighing between 200 and 300 grams
each; or

A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of
body weight when administered by continuous contact for 24 hours (or less if death occurs
within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms
each; or

A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by
volume or less of gas or vapor, when administered by continuous inhalation for one hour
(or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams
each; or

A chemical that has a median lethal concentration (LC50) in air of 2 milligrams per liter or
less of mist, fume or dust, when administered by continuous inhalation for one hour (or
less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams
each.
Toxic and Highly Toxic Materials
Toxicity is often measured by Median Lethal Dose (LD50) or Median Lethal
Concentration (LC50).

LD50 - LD50 value is the amount of a solid or liquid material that it
takes to kill 50% of test animals (for example, mice or rats) in
one dose.

LC50 - A LC50 value is the amount of a gas, dust or mists that it takes to kill
50% of test animals (for example, mice or rats) in one dose.

Toxic and Highly Toxic materials are chemicals that can produce injury or
death when inhaled, ingested, or absorbed through the skin.

Exposure may enter the body through three routes: inhalation, ingestion, or
contact with the skin and eyes.
Toxic and Highly Toxic Materials (continued)
Test Method
Toxic
Highly Toxic
Oral LD50 (albino rats)
50-500 mg/kg
<50 mg/kg
Skin Contact LD50
(albino rabbits)
200-1000 mg/kg
<200 mg/kg
Inhalation LC50
(albino rats) gas
200-2000 ppmv/air
<200 ppmv/air
Inhalation LC50
(albino rats) mists/dust
2-20 mg/L
<2 mg/L
Toxic and Highly Toxic Materials

Some common examples of Toxic Materials include:
• Phenol
• Acrylonitrile
• Aniline

Some common examples of Highly Toxic Materials
include:
• Inorganic Cyanides (Sodium, potassium)
• Chlorine gas
Toxic and Highly Toxic Materials
Toxic and Highly Toxic Materials (continued)
Toxic Permit and Certificate of Fitness Thresholds:



Liquids: 10 gallons
Solids: 100 lbs
Gases: Any amount
Highly Toxic Permit and Certificate of Fitness Thresholds:



Liquids: Any amount
Solids: Any amount
Gases: Any amount
Ozone Gas Generators

Ozone (O3 or tri-oxygen) is a highly unstable gas that can
readily decompose into oxygen (O2).

Ozone gas is extremely (highly) toxic and can cause a decrease
in lung function, cheat pain, shortness of breath, throat
irritation, higher susceptibility to respiratory infection, and
inflammation of the lungs.

Ozone is also strong oxidizer and is especially dangerous
because it supplies a large oxygen source that can fuel a fire.

Ozone gas can explode on contact with organic substances.
Ozone Gas Generators

Regulations covering the use of Ozone generators can be found
within the Toxic and Highly Toxic chapter in the new Code.

Permits and Certificates of Fitness are not required for use of
Ozone generators.
Oxidizers

Oxidizer: A material that readily yields oxygen or other oxidizing gas, such as bromine,
chlorine and fluorine, or that readily reacts to promote or initiate combustion of
combustible materials, classified as follows:

Class 1. An oxidizer whose primary hazard is that it slightly increases the burning rate but
which does not cause spontaneous ignition when it comes in contact with combustible
materials. Examples include:
• Inorganic Nitrates
• Nitric Acid (<40%)
LEAST HAZARDOUS CLASS
• Ammonium Persulfate

Class 2. An oxidizer that will cause a moderate increase in the burning rate or that causes
spontaneous ignition of combustible materials with which it comes in contact. Examples
include:
• Barium Bromate
• Barium Chlorate
• Solid Calcium Hypochlorite (<50%)
Oxidizers (continued)

Class 3. An oxidizer that will cause a severe increase in the burning rate of
combustible materials with which it comes in contact or that will undergo
vigorous self-sustained decomposition caused by contamination or exposure to
heat. Examples include:
•
•
•

Solid Calcium Hypochlorite (>50%)
Ammonium Dichlorimate
Perchloric Acid (<72.5%)
Class 4. An oxidizer that can undergo an explosive reaction due to
contamination or exposure to thermal or physical shock and can cause
spontaneous ignition of combustibles. Examples include:
•
•
•
Ammonium Perchlorate
Ammonium Permanganate
Perchloric Acid (>72.5%)
MOST HAZARDOUS CLASS
Oxidizers (continued)
Oxidizers (continued)
Oxidizer Permit and Certificate of Fitness Thresholds:

Liquids:
• Any amount of Class 4 (most hazardous)
• 1 gallon Class 3
• 10 gallons Class 2
• 55 gallons Class 1 (least hazardous)

Solids
• Any amount of Class 4 (most hazardous)
• 10 lbs Class 3
• 100 lbs Class 2
• 500 lbs Class 1 (least hazardous)

Gases
• 504 SCF (not broken down into classes)
Organic Peroxides

Organic Peroxide: An organic compound having a double oxygen or peroxy
(-O-O-) in its chemical structure. Organic peroxides can present an explosion
hazard (detonation or deflagration), can be shock sensitive, can be susceptible
to decomposition into various unstable compounds over an extended period of
time and are classified as follows based upon their hazardous properties:

Class I. Organic peroxides that are capable of deflagration but not detonation. Examples
include:
•
•
•

t-butyl hydroperoxide (90%)
Fulfonyl Peroxide
Benzoyl Peroxide (>98%)
MOST HAZARDOUS CLASS
Class II. Organic peroxides that burn very rapidly and that pose a moderate reactivity
hazard.
•
•
•
Peroxyacetic acid (43%)
Di-sec-butyl peroxydicarbonate 75%
3,5,5-trimethylecylohexane
Organic Peroxides (continued)
•
Class III. Organic peroxides that burn rapidly and that pose a moderate reactivity hazard.
• Acetyl Cyclohexane sulfonal peroxide
• Benzoyl peroxide (78%)
• Cumene hydroperoxide (86%)
•
Class IV. Organic peroxides that burn in the same manner as ordinary combustibles and that pose
a minimal reactivity hazard.
• Benzoyl peroxide (70%)
• Methyl ethyl ketone peroxide (9% in water and glycols)
• T-butyl hydroperoxide (70%)
•
Class V. Organic peroxides that burn with less intensity than ordinary combustibles or do not
sustain combustion and that pose no reactivity hazard.
• Benzoyl peroxide (35%)
LEAST HAZARDOUS CLASS

While organic peroxides are considered strong oxidizers, they are regulated by a
separate chapter in the Fire Code due to their unique characteristics. Most organic
peroxides are also flammable, combustible or explosive in nature.
Organic Peroxides (continued)
Organic Peroxide Permit and Certificate of Fitness Thresholds:


Liquids
•
•
•
•
•
Any amount of Class I (most hazardous class)
Any amount of Class II
1 gallon of Class III
2 gallons of Class IV
No permit required for Class V (least hazardous class)
Solids
•
•
•
•
•
Any amount of Class I (most hazardous class)
Any amount of Class II
10 lbs of Class III
20 lbs of Class IV
No permit needed for Class V (least hazardous class)
Organic Peroxides (continued)
Pyrophoric Materials

A material that is so chemically unstable that it may ignite
spontaneously at a temperature at or below 130˚F.

Examples of common pyrophoric materials:
• Lithium metal
• White or yellow phosphorus
• Potassium metal
• Sodium metal
• Diborane gas
• Phosphine gas
• Silane gas
Pyrophoric Materials (continued)
Pyrophoric Materials (continued)
Pyrophoric Material Permit and Certificate of Fitness
Thresholds:

Liquids: Any amount

Solids: Any amount

Gases: Any Amount
Pyroxylin Plastics

Pyroxylin Plastic: Any plastic substance, material or compound, other than
cellulose nitrate film, that has soluble cotton or similar cellulose nitrate as a
base, by whatever name known, in the form of blocks, sheets, tubes or other
fabricated shapes, including raw pyroxylin plastics and finished pyroxylin
plastic products.

When dry, pyroxylins can ignite readily and burn explosively.

Unstabilized pyroxylins decompose at relatively low temperatures and evolve
large volumes of toxic and flammable gases with rapid heat generation.

Old items may lose plasticizing elements and become more brittle and
flammable over time.

Even residues of nitrocellulose in production machinery may ignite.
Pyroxylin Plastics
Pyroxylin Plastics Permit and Certificate of Fitness
Thresholds:
• Storage, handling and use of 25 lbs or more of raw pyroxylin
plastic (not used in a manufacturing or assembly process).
• Any amount of raw pyroxylin plastic used in a manufacturing
or assembly process.
Unstable (Reactive) Material

Unstable (Reactive) Material—A material, other than an explosive, that will
vigorously polymerize, decompose, condense or become self-reactive and
undergo other violent changes, including explosion, when exposed to heat,
friction or shock, or in the absence of an inhibitor, or in the presence of
contaminants, or in contact with incompatible materials. Unstable (reactive)
materials shall be classified as follows:

Class 1- Materials that in themselves are normally stable but which can become
unstable at elevated temperatures and pressure. Examples include:
• Hydrogen Peroxide 35-52%
• Acetic Acid
LEAST HAZARDOUS CLASS
• Tetrahydrofuran
Unstable (Reactive) Materials (continued)

Class 2- Materials that in themselves are normally unstable and readily undergo
violent chemical change but do not detonate. This class includes materials that
can undergo chemical change with rapid release of energy at normal
temperatures and pressure, and that can undergo violent chemical change at
elevated temperatures and pressures. Examples include:
• Acrolein
• Acrylic Acid
• Hydrazine

Class 3- Materials that in themselves are capable of detonation or of explosive
decomposition or of explosive reaction but which require a strong initiating
source or which must be heated under confinement before initiation. This class
includes materials that are sensitive to thermal or mechanical shock at elevated
temperatures and pressures. Examples include:
• Hydrogen peroxide >52%
• Hydroxylamine
• Perchloric acid
Unstable (Reactive) Materials (continued)

Class 4- Materials that in themselves are readily capable of detonation or of explosive
decomposition or of explosive reaction at normal temperatures and pressures. This class
includes materials that are sensitive to mechanical or localized thermal shock at normal
temperatures and pressures. Examples include:
• Acetyl peroxide
• Dibutyl peroxide
MOST HAZARDOUS CLASS
• Ethyl nitrate

The classification of “unstable (reactive) material” is problematic for the following reasons:
• Not recognized as a separate “class” by US DOT (no placard assigned) and MSDS sheets
tend to use the terms “unstable” or “reactive” but rarely do they classify a hazardous
material as both “unstable” and “reactive”.
• Some of the hazardous materials classified as “unstable (reactive) materials by the ICC
(their International Fire Code was the model for our Code) are subject to interpretation,
especially in the Class 1 and Class 2 categories ( acetic acid and hydrogen peroxide).
• Thankfully, most of these hazardous materials are “dual hazard” materials and can be
classified in their most recognizable class (hydrogen peroxide as a corrosive or oxidizer).
Unstable (Reactive) Materials (continued)
Unstable Reactive permit and certificate of fitness thresholds

Liquids
• Any amount of Class 4 (most hazardous class)
• Any amount of Class 3
• 5 gallons of Class 2
• 10 gallons of Class 1 (least hazardous class)

Solids
• Any amount of Class 4 (most hazardous class)
• Any amount of Class 3
• 50 lbs of Class 2
• 100 lbs of Class 1 (least hazardous class)

Gases
• Any amount (not broken down into classes)
Water-Reactive Solids & Liquids

Water-Reactive Material: A material (solid, liquid, or gas) that has a dangerous
chemical reaction when reacting with water. Upon coming in contact with water, a
water reactive material may explode, violently react, produce flammable, toxic, or
other hazardous gases, and/or generate enough heat to cause ignition of the material
or nearby materials. Water reactive materials shall be classified as follows:

Class 1- Materials that may react with water to release some energy, but not
violently. Examples include:
•
•
•

Acetic anhydride
Sodium Hydroxide
Titanium Tetrachloride
LEAST HAZARDOUS CLASS
Class 2- Materials that may form potentially explosive mixtures with water.
Examples include:
•
•
•
Calcium Carbide
Calcium Metal
Potassium Metal
Water-Reactive Solids & Liquids (continued)

Class 3- Materials that react explosively with water without requiring heat or
confinement. Examples include:
• Aluminum alkyls
• Bromine pentafluoride
MOST HAZARDOUS CLASS
• Diethylzinc

Water-Reactive materials pose an extreme hazard due to the fact that they:
• May react with water to produce energy, oxygen, and a heat source
• May produce extremely hazardous gases on contact with water
• Cannot be extinguished with water
Water-Reactive Solids & Liquids (continued)
Water-Reactive Solids & Liquids
Water-Reactive Permit and Certificate of Fitness Thresholds:

Liquids
• Any amount of Class 3 (most hazardous class)
• 5 gallons of Class 2
• 55 gallons of Class 1 (least hazardous class)

Solids
• Any amount of Class 3 (most hazardous class)
• 50 lbs of Class 2
• 500 lbs of Class 1 (least hazardous class)
Determining Hazard Types and Classifications

Many hazardous materials belong to more than one hazard type, sometimes
referred to as dual or triple hazard materials. For the purpose of issuing a
permit, only one hazard classification can be selected, However, for the
purpose of regulation, the material specific requirements for all hazards will
apply.

Facilities can determine the hazard type and classification by the following
methods:
• Consulting an MSDS.
• Contacting the chemical manufacturer.
• Having the material tested by an independent testing lab.

The FDNY will have final say on how the hazardous material is eventually
classified. Any dispute over our classification will require documentation to
show otherwise.
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
MSDS
Flammable & Combustible Liquids

Please note than a permit is required for the storage of flammable and/or combustible
liquids under the following conditions:

To store, handle or use amounts in excess of 5 gallons of liquids with a flash point below
100°F, other than paints, varnishes, lacquers, gasoline and other petroleum-based liquids.

To store, handle or use amounts in excess of 10 gallons of liquids with a flash point above
100°F and below 300°F, other than paints, varnishes and lacquers.

To store, handle or use amounts in excess of 20 gallons of liquids having a flash point of
300°F or less that are commonly used for painting, varnishing, staining or other similar
purposes, including paint, varnish and lacquer.

To store, handle or use amounts in excess of 70 gallons of petroleum based liquids with a
flash point exceeding 300°F.

To store, handle or use amounts of gasoline and other petroleum-based Class I liquids
other than paints, varnishes and lacquers, in excess of 2½ gallons.
Flammable & Combustible Liquids (continued)

Please note than a C-98 certificate of fitness is required for anyone who stores
flammables and combustible liquids under the following conditions:

The manufacture of flammable and combustible liquids (in any quantity) shall
be under the personal supervision of a certificate of fitness holder.

The storage of liquids with flash points at or below 300ºF, in quantities
exceeding 275 gallons, or in any building or structure classified as Group H
occupancy regardless of quantity, shall be under the general supervision of a
certificate of fitness holder.

The handling, use and/or dispensing of liquids with flash points at or below
300ºF, in quantities exceeding 275 gallons, or in any building or structure
classified as Group H occupancy regardless of quantity, shall be under the
personal supervision of a certificate of fitness holder.
Flammable & Combustible Liquids (continued)
Cryogenic Gases and Flammable Compressed
Gases

PERMIT AMOUNTS FOR CRYOGENIC GASES
TYPE OF CRYOGEN
Flammable
Nonflammable
Oxidizing (includes oxygen)
Physical or Health hazard

INDOORS (gals)
OUTDOORS (gals)
More than 1
60
10
Any Amount
10
100
50
Any Amount
PERMIT AMOUNTS FOR FLAMMABLE COMPRESSED GASES
400 SCF (this translates into more than 1 hydrogen cylinder, more than 1 of
large acetylene cylinder or more than two 20 lb LPG cylinders).
Compressing of gases

A permit and certificate of fitness is required to compress:
1. A flammable gas to a pressure exceeding 6 psig.
2. A nonflammable, corrosive or oxidizing gas, including air, to
a pressure exceeding 100 psig.
NOTE: Pressure testing of air compressors and compressed gas
cylinders no longer required by the new Code.
Compressed gas cylinders shall be tested by supplier prior
to filling when retest is due as per US DOT regulations.
Concept of “Control Area”

A control area is a space within a building or structure that is enclosed and
bounded by exterior walls, fire walls, fire barriers and roofs, or a combination
thereof, (or an outdoor area) where quantities of hazardous materials not
exceeding the maximum allowable quantities per control area are stored,
handled or used, including any dispensing.

Control areas shall be separated from each other by not less than a 1-hour fire
barrier constructed in accordance with the construction codes, including the
Building Code.

The maximum number of control areas within a building or structure and the
required fire-resistance rating for fire barrier assemblies shall be in accordance
with Table 2703.8.3.2 of the new Code.

The floor construction of the control area and construction supporting the floor
of the control area shall have a minimum 2-hour fire resistance rating.
Control area (continued)
Control Area (continued)

Outdoor control areas for hazardous materials in amounts not exceeding the maximum
allowable quantity per outdoor control area shall be in compliance with the following
requirements:

1. Outdoor control areas shall be located at least 15 feet from vegetation, rubbish and
combustible materials; 5 feet from a building opening; at least 15 feet from places of public
assembly; and at least 20 feet from a lot line, public street or private road.
Exception: A 2-hour fire-resistance-rated wall providing line of sight interruption is
allowed in lieu of the required distance from a building opening, lot line, public street or
private road.

2. Where a property exceeds 10,000 square feet, there may be two outdoor control
areas separated by a minimum distance of 50 feet, when approved.

3. Where a property exceeds 35,000 square feet, there may be multiple outdoor
control areas, separated a minimum distance of 50 feet, when approved.
Control area (continued)
Laboratory
(any floor)
Max # of labs or
control areas
Control Area
(1st floor)
Control Area
(3rd floor)
Control Area
(7th floor)
Unlimited
4
2
2
Flammable
Liquids
25 to 200 gals
30 to 480 gals
15 to 240 gals
1.5 to 24 gals
Flam Solids
10 to 15 lbs
1 lb
0.5 lb
0.05 lb
Oxidizers
40 to 50 lbs
250 to 1000 lbs
125 to 500 lbs
12.5 to 50 lbs
Water Reactives
2.5 to 5 lbs
50 to 200 lbs
25 to 100 lbs
2.5 to 10 lbs
Hazardous Materials
Laboratory application
Applicable FDNY Regulations

Laboratories are regulated by Fire Code section 2706 (FC 2706).

NFPA 45 (2004) with some limitations as set forth in FC section 2706.

3 RCNY 10-01 (old Lab Rule) was re-promulgated in the new set of
Rules within the “pre-existing installations” section. This section
would apply to pre-existing (and lawfully existing) laboratories.

Re-promulgated lab Rule, section 4827-01(g) repealed the old lab Rule
(3 RCNY 10-01).

A laboratory is defined as an enclosed space of a minimum one-hour
fire rated construction, designed or used as a non-production
laboratory.
Applicable DOB Regulations

Buildings or portions thereof occupied as a non-production laboratory may be
classified as a Group “B” or Business occupancy (as opposed to an Industrial or
Group “F” occupancy). Non-production laboratories not in compliance with
the provisions of Fire Code for laboratory chemical quantity limitations shall be
classified as Group H (High Hazard) occupancy.

Laboratory units shall be provided throughout with an automatic sprinkler
system and the entire building shall be provided throughout with an automatic
sprinkler system when the aggregate floor area of all laboratory units within
any building exceeds 20,000 square feet.

In all non-production laboratory buildings that are two or more stories above
or below the grade level (level of exit discharge), standpipes shall be installed.

A manual fire alarm system shall be installed.
Other applicable Fire Code and NFPA regulations

Where more than 5 gallons of corrosive liquids or flammable liquids are stored, handled,
or used, safety showers must be available within 25 feet.

A tag must be affixed to all fixed overhead showers indicating proper performance. We
will require that testing be done annually.

Where more than 5 gallons of corrosive liquids are stored, handled or used, neutralizing or
absorbing agents shall be provided.

A tag must be affixed to all fume hoods indicating proper face velocity. Testing must be
done annually at a 12” to 18” sash height, with a minimum face velocity of 80 fpm and a
maximum of 120 fpm. A maximum of 150 fpm in pre-existing hoods is allowed. Face
velocities out of range will require ASHRAE 110 testing.

Fume hood exhaust ducts from different laboratory units are now allowed to connect to a
common exhaust duct system when the connection is made within an approved
mechanical room, a protected shaft or a point outside the building. Fume hood ducts must
be noncombustible.
Other applicable Fire Code and NFPA regulations (continued)

Occupied laboratories should operate at 8 room air changes per hour while ventilation
rates in unoccupied labs can be reduced to 4 room air changes per hour (NFPA 45).

Curtains and drapes used in laboratories must be documented as “flame proof”.
Documentation must be provided by a person holding a “flame proofing certificate of
fitness”. Curtains may be chemically treated (good for 3 years) or must be “inherently
flame resistant” (good for the life of the curtain).

A secondary means of egress must be provided in a laboratory when:
•
A compressed gas cylinder or a cryogenic container is located such that it could
prevent safe egress in the event of accidental release of its contents. (Only applicable
to flammable, oxidizing or health hazard gases).
•
A fume hood is located adjacent to the primary means of egress.
•
A laboratory work area exceeds 1000 ft2
Note: A door to an adjoining laboratory work area (of equal or lower fire hazard
classification) is considered to be a second means of egress.
Other applicable Fire Code and NFPA regulations (continued)

Oxygen sensors equipped with an audible alarm shall be
provided in cryogenic gas dispensing areas to continuously
monitor the level of oxygen in the area. The alarm shall actuate
when oxygen concentration drops below 19.5 percent.

The transferring of cryogenic gas or the use of equipment
connected to cryogenic gases should be monitored by an
oxygen meter with a “low oxygen” alarm.
Note: Applicable only when the total cryogenic gas capacity in
one fire area exceeds the permit limit of 60 gallons.
Other applicable Fire Code and NFPA regulations (continued)

While not specifically prohibited by Code, compressed gas cylinders
should not be stored in corridors. However, we can limit the amounts
stored to those requiring a permit. As such, compressed gas cylinder
storage in corridors shall be limited to non-flammable and non-health
hazard gases in quantities not requiring a permit (3000 SCF, except
that oxidizing gases are limited to 504 SCF).

Cryogenic container storage in corridors shall be limited to nonflammable, non-oxidizing and non-health hazard gases in quantities
not requiring a permit (up to 60 gallons).
Note: Storage in linear equipment rooms (LERs) designed to be fire
separated from lab spaces and not designed to be a primary
means of egress corridor shall be treated like a lab space.
Other applicable Fire Code and NFPA regulations (continued)

NFPA 45 does not recommend the use of
NFPA 704 diamond signs for entrances
to lab units or storage rooms, preferring
a “lettered” sign instead.
As such, the existing “Laboratory –
Potentially Hazardous Substances” sign
or the sign required by the new R 2706-01
lab rule sign requirement, “Laboratory –
Caution: Hazardous Materials” in
addition to the basic “Radioactive”,
“Biohazard” and “Water Reactive”
signage shall be maintained. “No
Smoking” signs shall be required even in
institutions that totally prohibit
smoking.
Other applicable Fire Code and DOB regulations
Chemical Storage Rooms







2-hr fire rated construction with a 1½ hr fire door
Automatic sprinkler system
Safety shower
Ventilation at 6 air changes/hr
Sill at doorway
No flammable gas storage below grade
Class 1, Division 2 explosion proof electrical equipment
(all these conditions unchanged from old Rule)
Other applicable Fire Code and DOB regulations (continued)
Chemical Storage Rooms (continued)

Capacity shall not exceed a total volume of 300 gallons of
chemicals or a liquid density of 5 gallons per square foot of
floor area.

Chemicals shall not be used within the storage room.

Flammable gas storage shall not exceed 2500 SCF.

Class I (flammable) liquids prohibited below grade.
(these are new requirements)
Other applicable DOB regulations

Storage rooms shall be classified as a group S-1 (Storage)
occupancy.

Storage rooms not in compliance with the laboratory chemical
quantity limitations shall be classified as a group H (High
Hazard) occupancy.

Storage rooms shall not open directly to an exit or any
enclosed exit access corridor.
(these are new requirements)
Laboratory Permits

A permit is required to store, handle or use hazardous
materials in a laboratory unit in amounts exceeding one gallon
of flammable liquid, one gallon of combustible liquid or 75 scf
of flammable gas (an 8.5”x 31” cylinder or ½ the size of a
standard “H” size laboratory cylinder).

Laboratories that do not store or use flammable or combustible
liquids or flammable gases in quantities requiring a permit but
do store or use other types of hazardous materials (oxidizers,
flammable solids, etc.) may choose to comply with this section
of the Code to avoid reclassification of such laboratory
occupancy as a “control area”.
C-14 (Lab) Certificate of Fitness
Non-production laboratory operations requiring a permit shall be under the
personal supervision of a certificate of fitness holder.
At least one certificate of fitness holder shall be present on each floor of the
laboratory unit on which laboratory operations are being conducted while the
laboratory is in operation.
Interpretation: Where you have a group of laboratories on one floor run by
different Principal Investigators (PI) or Departments, each lab or group of
labs will require a representative certificate of fitness holder for each PI or
Department.
Accessory laboratory chemical storage rooms shall be under the general
supervision of a certificate of fitness holder.
C-14 COF via Alternative Issuance Program
MEMORANDUM OF UNDERSTANDING
This memorandum provides the procedures to follow in order to obtain a
Certificate of Fitness for The Supervision of Chemical Laboratories (C-14)
without a written test administered by the New York City Fire Department.
SUBMIT TWO NOTARIZED STATEMENTS
(1) A NOTARIZED statement from the applicant’s supervisor stating that the
applicant has a reasonable understanding of and has received training in
3RCNY §10-01, Fire Code Sections 2701 - 2703 & 2706, the C-14 exam study
material and applicable sections of NFPA 45 (2004 Edition). The statement
must include the applicant’s full name, character, physical condition,
experience, and address of premises where the applicant will be employed.
Additionally, this statement must affirm that the applicant is thoroughly
familiar with the fire protection and fire suppression systems in the
premises where he/she is to be employed.
COF Alternative Issuance Program (continued)
(2) A NOTARIZED statement from the applicant stating that he/she is being
issued a Certificate of Fitness for The Supervision of Chemical Laboratories by
the New York City Fire Department on the basis of his/her experience,
education, and understanding of the specific facilities’ requirements governing
the operation of chemical laboratories. The statement must include the
applicant’s full name, experience, and address of the premises where the
applicant will be employed. Additionally, this statement must affirm that
he/she has received training in 3RCNY §10-01, Fire Code sections 2701-2703 &
2706, the C-14 exam study material and applicable sections of NFPA 45 (2004
Edition).and that he/she is thoroughly familiar with the fire protection and
fire suppression systems in the premises where he/she is to be employed.
COMPLETE FORM A-20
All applicants must complete a Certificate of Fitness Application (Form A-20).
APPLICATION FEES
A check or money order for $25.00 must accompany each application.
COF Alternative Issuance Program (continued)
PHOTOS
All applicants must submit (or email) a recent 2x2 color photo
SPECIAL QUALIFICATIONS
Applicants must hold a:
• license as a Clinical Laboratory Director from the NYS Dept. of Health, Or
• Masters or Doctoral degree in Chemistry, Biology, Biochemistry,
Environmental or Health Sciences, Medical Technology, Chemical or
Environmental engineering, or related field Or
• Bachelors degree in Chemistry, Biology, Biochemistry, Environmental or
Health Sciences, Medical Technology, Chemical or Environmental
Engineering, or related field plus 2 years of experience in the operation of
chemical laboratories may apply for alternative issuance.
COF Alternative Issuance Program (continued)
SPECIAL QUALIFICATIONS (CONTINUED)
All claimed experience must be post baccalaureate. Any experience gained
prior to the receipt of the degree will not be accepted toward meeting the AIP
requirements. Applicants must submit proof of experience, education,
including evidence of completion of training, diplomas, certificates, licenses,
etc.
ADDITIONAL INFORMATION
Applicants who have failed the written exam will not be allowed to take
advantage of this policy. Qualified applicants must submit all documentation
by mail only! (to the Public Certification Unit).
COF requirements for those who do not qualify under
the Alternative Issuance Program requirements
To take the written exam, applicant must hold a BS, MS or PhD in
Chemistry, Biology, Biochemistry, Environmental or Health Sciences,
Medical Technology and Chemical, Environmental, Mechanical or
Biomedical Engineering, or related field –or
an A.A.S degree AND completion of a course on laboratory safety
provided by the employer –or
60 college credits with minimum of 21 credits in FDNY approved
science courses AND completion of a course on laboratory safety
provided by the employer.
Applicant must present evidence of academic degree and/or
transcript to verify credentials in person on date of testing.
Laboratory Flammable/Combustible Quantity Limitations
NFPA 45, Table 10.1.1 as
modified by FC 2706
No storage cabinets (any fire
rating)
Storage cabinets AND a
minimum 2-hr laboratory fire
rating
Lab Unit Fire
Hazard
Class***
Flammable &
Comb Liq
Class
Maximum
Qty/100 ft2 of
lab unit
Maximum
Qty per lab
unit
Maximum
Qty/100 ft2 of
lab unit
Maximum Qty
per lab unit
D
I
1 gallon
75 gals*
2 gals
150 gals**
D
I, II & III
1 gallon
75 gals*
2 gals
150 gals**
B
I
5 gallons
25 gals
10 gallons
30 gals
B
I, II & III
10 gallons
25 gals
20 gallons
30 gals
* Increased to 100 gals if not an educational or instructional lab as per FC 2706.6
** Increased to 200 gals if not an educational or instructional lab as per FC 2706.6
*** Educational & instructional labs to comply with Class D requirements only
Class I = Flash pt < 100 F; Class II = Flash pt 100 F to 140F; Class III = Flash pt > 140F
Sample calculations for allowable flammable
liquid storage in laboratories

1,000 ft2 research lab, 1 hour rated, sprinklered, flammable liquids only, no approved
storage cabinets.
Using the “Class D” density of 1 gal/100 ft2 = 10 gallons
Using the “Class B” density of 10 gals/100 ft2 = 100 gallons (exceeds Fire Code limit)
As per Fire Code, a Class B density in this type of lab will limit quantities to 25 gallons

1,000 ft2 research lab, 2 hour rated, sprinklered, flammable liquids only, with all storage
within approved cabinets.
Using the “Class D” density of 2 gals/100 ft2 = 20 gallons
Using the “Class B” density of 20 gals/100 ft2 = 300 gallons (exceeds Fire Code limit)
As per Fire Code, a Class B density in this type of lab will limit quantities to 30 gallons
Calculations (continued)

2,500 ft2 research lab, 1 hour rated, sprinklered, flammable liquids only, with no approved
storage cabinets.
Using the “Class D” density of 1 gal/100 ft2 = 25 gallons
Using the “Class B” density of 10 gals/100 ft2 = 600 gallons (exceeds Fire Code limit)
As per Fire Code, a Class B density in this type of lab will limit quantities to 25 gallons

2,500 ft2 research lab, 2 hour rated, sprinklered, flammable liquids only, with all storage
within approved cabinets.
Using the “Class D” density of 2 gals/100 ft2 = 50 gallons
Using the “Class B” density of 20 gals/100 ft2 = 300 gallons (exceeds Fire Code limit)
As per Fire Code, a Class B density in this type of lab will limit quantities to 30 gallons.
However, the use of Class D densities will allow up to 50 gallons n this type of lab.
Other Laboratory Hazardous Material
Quantity Limitations
As per FC 2706.6
Maximum quantity in 1-hr
fire rated lab
Maximum quantity in 2-hr
fire rated lab
Water-Reactive Material
2.5 lbs
5 lbs
Pyrophoric Material
0.5 lb
1 lbs
Highly Toxic Material
5 lbs
5 lb
Toxic Material
250 lbs
250 lbs
Corrosive Material
250 gals
250 gals
Flammable Solids
10 lbs
15 lbs
Oxidizers incl Organic Peroxides
40 lbs*
50 lbs*
Unstable (reactive) material
6 lbs**
12 lbs**
*maximum 2 lbs of Class 3 oxidizers & 1 lb of Class I organic peroxides
**maximum 1 lb of Class 3 unstable (reactive) material
Most hazardous class of water reactives & oxidizers as well as detonables not allowed in labs.
Laboratory Compressed Gas Cylinder
Limitations
Maximum allowable quantities of gases per lab unit as per NFPA 45
Oxidizing and Flammable gases
1000 SCF per 250 ft2 of lab with 2000 SCF of gas allowed per lab regardless of
lab size.
Gases with a health hazard rating of 3 or 4
250 SCF per 500 ft2 of lab
Cylinders not “in use” (not connected to a regulator; not connected to a
manifold; or not stored alongside a connected cylinder) shall not be stored
within a laboratory.
(Only applied to flammable, oxidizing and health hazard gases).
Questions?
Thank you!