Fire Safety Requirements for NYC Sidewalk Cafés

Title 3 § 404-03 of the Rules of the City of New York set forth the fire safety requirements for sidewalk cafés (and similar public gathering places). Here are some highlights:

1. Code Requirements. Sidewalk cafes must be built in accordance with all Building Code and permitting requirements.
2. Operating Permits. Sidewalk cafés are generally required to obtain a permit from the Department of Consumer Affairs (DOCA).
3. Fire Extinquishers. Sidewalk cafes taht require a DOCA permit must provide at least one (1) portable fire extinguisher having a minimum 2-A rating in a conspicuous, readily accessible location.
4. Space Heaters. Any sidewalk café storing, handling or using portable space heaters fueled by piped natural gas shall provide at least one (1) portable fire extinguisher having a minimum 2-A rating for each 2,500 square feet of café area, with at least one such portable fire extinguisher located within ten (10) feet of the entrance to the café.
5. Access to FD Connections. Sidewalk cafés shall not be designed, installed, operated or maintained in a manner that obscures the location of, or impedes access to, Fire Department connections and fire hydrants.
6. Awnings, Canopies and Umbrellas. Awnings, canopies, decorations and umbrellas shall not be designed, installed, operated or maintained in any manner that obstructs or otherwise impedes access to, or use of, any means of egress, including any fire escape drop ladder or counterbalanced stair ladder.
7. Decks and Seating Platforms. Decks and seating platforms shall not be designed, installed, operated or maintained in any manner that obstructs or otherwise impedes access to, or use of, any means of egress, including any fire escape drop ladder or counterbalanced stair ladder, except that a readily removable section of a deck or platform, conspicuously marked, may cover a cellar entrance if approved by the Department of Buildings.
8. Flame-Resistance of Materials. Fabric awnings, canopies, decorations and umbrellas installed or used any sidewalk café (required to obtain a permit from the Department of Consumer Affairs or other New York State or New York City agency) shall be treated to be flame-resistant or made of inherently non-combustible materials. An affidavit attesting to such flame-retardant treatment or inherently non-combustible material complying with the requirements of R805-01(d) shall be filed with the Department prior to the installation or use of such articles.
9. Prevention of Accumulation of Combustible Waste. Decks and seating platforms shall be constructed to provide for a continuous unbroken and level floor without openings or cracks to prevent the accumulation of combustible waste in the area underneath the deck or platform. Combustible material shall not be stored under a deck or platform used for a sidewalk café or similar public gathering space.

Here's a link the the entire rule:
http://library.amlegal.com/nxt/gateway.dll/New York/rules/title3firedepartment/chapter4emergencyplanningandpreparedness?f=templates$fn=default.htm$3.0$vid=amlegal:newyork_ny$anc=JD_T03C004_404-03

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