§ 901-04 — Buildings Temporarily Occupied as Emergency Shelters
New York City Administrative Code (current through L.L. 2026/147, enacted September 12, 2026, and amendments effective through October 10, 2026) · 3 RCNY § 901-04
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§ 901-04 Buildings Temporarily Occupied as Emergency Shelters.
(a) Scope. This section sets forth standards, requirements and procedures for the design, installation, operation and maintenance of premises or parts thereof that are operated and/or occupied, on a temporary basis, to provide emergency shelter for more than 15 persons. (b) General Provisions. (1) Temporary use and occupancy of premises as emergency shelter. The provisions of this section shall apply to premises, or parts thereof, including but not limited to armories, auditoriums, community centers, gymnasiums, houses of worship and schools, that are not designed to be occupied as emergency shelter, but that are operated and/or occupied for such purposes for more than 15 persons more than 30 days in any year. (2) Notification. Notification shall be made to the Department of Buildings and the Public Buildings Unit of the Bureau of Fire Prevention of the intent to operate and/or occupy any premises or part thereof as an emergency shelter for more than 15 persons, prior to commencing such use or occupancy. (3) Compliance with the Building Code. Nothing contained in this section shall be deemed to excuse compliance with the Building Code. The Department and the Department of Buildings will resolve any issues arising from the application of the section to a particular premises. (c) Design and Installation Requirements. Premises, or parts thereof, operated and/or occupied as an emergency shelter shall comply with the following design and installation requirements: (1) Sprinkler system. The premises, or parts thereof, shall be protected throughout by a sprinkler system designed and installed in accordance with the Building Code. Activation of the sprinkler system shall cause an alarm to be transmitted to an approved central station and sound an alarm throughout the premises. (2) Fire alarm system. The premises shall be equipped with a fire alarm system designed and installed in accordance with the Building Code and provided with: (A) an approved fire command center at an approved location; (B) an approved system of smoke detectors that, upon activation, will cause an alarm to be transmitted to an approved central station and sound an alarm throughout the premises; and (C) an approved one-way voice communication system capable of making announcements from the fire command center to all parts of the premises. (3) Emergency lighting. The premises, or part thereof, shall be equipped with emergency lighting in accordance with the Building Code. (4) Means of egress. The premises, or part thereof, shall be operated and/or occupied so as not to be overcrowded and to ensure adequate means of egress, including: (A) The emergency shelter shall provide a livable area of not less than 80 square feet per shelter occupant. (B) Adequate aisle space shall be maintained throughout the emergency shelter. Aisles shall not be less than 36 inches in width, except that cross aisles shall not be less than 48 inches in width. (C) Means of egress shall be provided that are: (1) sufficient in number. (2) remote from one another. (3) arranged to open in the direction of exit travel. (4) equipped with panic hardware. (5) equipped with doors that are self-closing device. (6) maintained unobstructed and unimpeded, and unlocked in the direction of egress at all times. (5) Additional areas protected. The Department may require that the fire protection and life safety systems specified in this section be extended to other parts of the premises if the use and occupancy of the premises as an emergency shelter presents an increased fire safety risk to other parts of the premises. (d) Operational and Maintenance Requirements. Premises operated and/or occupied as an emergency shelter shall comply with the following design and installation requirements: (1) Smoking prohibited. It shall be unlawful to smoke in any premises, or part thereof, being operated and/or occupied as an emergency shelter. (2) Storage and removal of combustible waste. The emergency shelter shall be provided with noncombustible combustible waste containers with tight fitting lids. At least one (1) container shall be provided for each 50 persons in each occupied area of the emergency shelter, but not less than two (2) containers shall be provided in each sleeping area, dining area and other gathering place. Combustible waste containers shall be regularly emptied and shall not be allowed to overflow. Combustible waste awaiting collection shall be stored outdoors in accordance with FC 304.4, or indoors in a separate locked room protected by a sprinkler system located on the ground floor. (3) Fire safety and evacuation plan. Pursuant to FC 404.2.1 and 3 RCNY § 404-01, a fire safety and evacuation plan shall be prepared and submitted to the Department for approval. (4) Fire drills. Pursuant to FC 405, fire drills shall be conducted at least monthly on each shift, and FSP staff training at least one (1) hour quarterly on each shift. (5) Staff identification. Emergency shelter staff shall be readily identifiable at all times while on duty by means of an approved identification (such as a uniform, cap, nameplate, or armband). (6) Fire watch. Pursuant to FC 401.6.8.3, all parts of premises operated and/or occupied as an emergency shelter, including sleeping areas, shall be continuously patrolled by a person holding a certificate of fitness. An approved method of supervising the conduct of the fire watch, such as a watchman's clock and key stations, shall be provided. (7) Below grade areas. Below grade areas shall not be used for sleeping purposes. Below grade areas that are not protected throughout by a sprinkler system shall not be used for lounges, recreation rooms, or other gathering places. (8) Decorations. Decorations shall comply with the requirements of FC 805. (9) Portable fire extinguishers shall be provided in accordance with FC 906. (10) Signage. Durable, legible signs shall be securely and conspicuously posted as follows: (A) Exit signs. Exit signs in accordance with the Building Code, including BC 1013. (B) Stairwell identification signs. Stairwell floor number and stairwell identification signs in accordance with the Building Code, including BC 1023.9. (C) Elevator identification and emergency signs. Elevator identification and emergency signs in accordance with the Building Code, including BC 3002.3. (D) Sleeping room signs. Signs in sleeping rooms in accordance with the Building Code, including BC 1031.10. (E) Fire emergency reporting. Signage shall be provided in compliance with the requirements of FC 401.2. (F) Other signage. Such other signage that may be required by BC 1031. (11) Recordkeeping. A record shall be maintained at the fire command center or other approved location, and made available for inspection by any representative of the Department, of all fire safety-related activities, including but not limited to: (A) Fire watch patrols; (B) Cleaning of commercial cooking filters and ducts; (C) Standpipe/sprinkler system inspection, testing and servicing; (E) Fire alarm system inspection, testing and servicing; (F) Fire department connection testing; (G) Smoke detector inspection, testing and servicing; (H) Portable fire extinguisher inspection, testing and servicing; (I) Emergency lighting testing and servicing; (J) Conduct of fire drills and FSP staff training; and (K) Proof of flame-resistant decorations. (Amended City Record 9/20/2023, eff. 10/20/2023)
