Fire and Life Safety Director Certificate of Fitness.
3 RCNY § 113-02
in effect§ 113-02 Fire and Life Safety Director Certificate of Fitness.
(a) Scope. This section sets forth standards, requirements and procedures for issuance of a certificate of fitness to perform the duties of an FLS director, including the process by which holders of a certificate of fitness for fire safety director or fire safety/EAP director may obtain a certificate of fitness for FLS director.
(b) General Provisions. Applicants for FLS director certificates of fitness shall meet the minimum qualifications and comply with the general requirements for a certificate of fitness set forth in FC 113 and 3 RCNY § 113-01.
(c) Qualifications. In addition to the qualifications set forth in FC 113 and 3 RCNY § 113-01, and except as otherwise provided in 3 RCNY § 113-02(f), applicants for an FLS director certificate of fitness shall possess and demonstrate to the satisfaction of the Department the following qualifications:
(1) At least three (3) years' full-time work experience in one or more of the following fields (in any combination thereof), OR 18 months' full-time work experience in one or more of the following fields (in any combination thereof) that includes at least six (6) months of continuous employment at one work location:
(A) firefighting or other public safety emergency response employment;
(B) any fire safety-related employment, including code enforcement, fire safety inspection, fire prevention or emergency preparedness;
(C) the design, installation, operation or maintenance of building fire protection, electrical, plumbing, heating, ventilation, or air conditioning systems, or other building system regulated by the construction codes; or
(D) equivalent experience acceptable to the Department;
(2) Successful completion of an FLS director training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-05;
(3) Receipt of a passing grade on each of the Department's written examinations for an FLS director certificate of fitness, which tests the applicant's knowledge of matters having a bearing on the duties of an FLS director. The Department will issue a certificate of completion to each applicant who meets the requirements set forth in 3 RCNY § 113-01(c)(1) and (c)(2) and receives a passing grade on the written examinations. Such certificate of completion shall be included in the practical (on-site) examination application;
(4) Receipt of a passing grade on the practical (on-site) examination administered by the Department, which tests the applicant's knowledge of the characteristics and occupancy of each work location in which the applicant is to serve as FLS director (as set forth in 3 RCNY § 113-02(e)), including knowledge of the following information:
(A) FLS plan provisions and Building Information Card;
(B) Certificate of occupancy provisions;
(C) Height, area, construction and occupancy classification;
(D) Number, type and location of exits;
(E) Number, type and location of areas of refuge, if any;
(F) Number, type and location of elevators and escalators;
(G) Interior fire alarms and other fire alarm systems or communication systems;
(H) Standpipe system components and operation;
(I) Sprinkler system components and operation, including fire pumps;
(J) Fire extinguishing system components and operation;
(K) Number of persons normally employed in building;
(L) Number of persons normally visiting the building;
(M) Plan for drills (fire and non-fire emergencies);
(N) Table of organization for drills and for FLS staff;
(O) Operation of building service equipment, including electrical, lighting, heating, ventilating, air-conditioning and firefighting equipment, and trash compactors;
(P) Operation of elevators, including firefighter emergency service and other elevator service modes;
(Q) Alterations and repair operations and the protective and preventive measures necessary to safeguard such operations, with particular attention to hot work operations and the storage, handling and use of flammable liquids, combustible liquids and flammable gases;
(R) Other occupancies in the building and the proper protection and maintenance thereof including but not limited to day care facilities and places of assembly, and
(S) Procedures for assisting persons with special needs.
(5) Physical ability to perform the duties of the position; and
(6) At the time of renewal of an FLS director certificate of fitness, receipt of a passing grade on a practical (on-site) examination administered by the Department, when required by 3 RCNY § 113-02(e)(3).
(d) Application Procedures. Applicants must complete each of the following steps in order to be eligible for an FLS director certificate of fitness:
(1) Secure the experience necessary to satisfy the minimum qualifications for the certificate;
(2) Attend and successfully complete an FLS director training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-05;
(3) Within nine (9) months of successfully completing the FLS director training course, apply for and receive a passing grade on the fire safety component of the FLS director written examination administered by the Department. An applicant need not be currently employed as an FLS director to take the written examination;
(4) Within nine (9) months of receiving a passing grade on the fire safety component of the FLS director written examination, apply for and receive a passing grade on the non-fire emergency component of the Department's written examination. An applicant need not be currently employed as an FLS director to take the examination. Upon receiving a passing grade on the non-fire emergency component of the FLS director written examination, the Department will issue a certificate of completion; and
(5) Within one (1) year of obtaining a certificate of completion, apply for and receive a passing grade on the Department's practical (on-site) examination at the work locations in which the applicant is to serve as an FLS director. An applicant who has received a certificate of completion may perform the duties of a FLS director on an interim basis (as set forth in 3 RCNY § 113-02(f)(6)), pending administration of the practical (on-site) examination.
(e) Registration of Work Locations. The FLS director certificate of fitness must be registered for each work location at which the holder of such certificate will be performing the duties of a FLS director. A FLS director certificate of fitness authorizes the holder of such certificate to perform such duties only at those work locations registered with the Department and at no other work location. Registration of multiple work locations shall not be construed to authorize performance of the duties of a FLS director at more than one (1) work location at the same time.
(1) Limitation on work locations. An FLS director certificate of fitness may be registered by the Department for one (1) or two (2) work locations. Special approval is required to register for more than two (2) work locations, and shall only be granted upon a determination that the holder is capable of demonstrating and maintaining proficiency at each work location. Approval to register for more than one (1) work location shall be subject to administration of practical (on-site) examinations at each work location, as set forth in 3 RCNY § 113-02(e)(3), and such other terms and conditions as the Department may require to assure that proficiency is maintained. In determining the holder's ability to maintain proficiency at multiple work locations, considerations may include:
(A) the number of hours to be regularly worked at each location; and
(B) similarities in building configuration and building systems at the work locations (such as may be the case with an office building complex or hotel chain).
(2) Submission. To register a work location, an FLS director certificate of fitness applicant or holder shall submit a letter from each employer for whom he or she will be performing the duties of an FLS director. Such letter shall be on business letterhead, and signed by an appropriate principal or officer of the employer, and provide such information and documentation as may be required by the Department.
(3) Practical (on-site) examinations. The Department will administer, at the time of application, a separate practical (on-site) examination for a second work location that an FLS director certificate of fitness applicant or holder seeks to register, and each additional work location for which special approval is required from the Department in accordance with 3 RCNY § 113-02(e)(1). The Department may require the holder to submit to an additional practical (on-site) examination at time of renewal of the certificate, or such other time as the Department may specify, upon a determination that such examination is necessary to demonstrate the holder's continuing qualifications and fitness to serve as an FLS director in more than one work location. The Department may give priority to first-time applicants in the scheduling of practical (on-site) examinations.
(4) Change in work location. A change in work location must be immediately reported to the Licensing Unit of the Bureau of Fire Prevention, and application made for a practical (on-site) examination at the new work location prior to commencing work at such location.
(5) Certificate not in use. The certificate of fitness of an FLS director who has no work location registered with the Department shall be deemed "Not In Use" (inactive) and is not valid to perform the duties of an FLS director. An FLS director certificate of fitness that is in "Not In Use" status may be renewed only once.
(f) Transition to FLS Director from Fire Safety Director and Fire Safety/EAP Director.
(1) Transition timeframe. Effective March 1, 2020, an FLS director certificate of fitness or, as set forth in 3 RCNY § 113-02(f)(6), a certificate of completion allowing the applicant to perform the duties of an FLS director on an interim basis, will be required in all occupancies currently required to be staffed by a fire safety/EAP director or fire safety director. Fire safety/EAP director certificates of fitness and fire safety director certificates of fitness will not satisfy the Fire Code requirement for an FLS director and will not be renewed upon expiration.
(2) Application for FLS director certification. All persons holding a fire safety director or fire safety/EAP director certificate of fitness must apply to the Department for an FLS director certificate of fitness no later than December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner. An FLS director certificate of fitness will be issued to each such person who possesses and demonstrates to the satisfaction of the Department the qualifications set forth in 3 RCNY § 113-02(f)(3) or (4), as applicable. A person who, without good cause, fails to timely fulfill the requirements for the FLS director certificate of fitness may be required to submit an original application for such certificate of fitness.
(3) Transition requirements for fire safety/EAP directors. Not later than September 4, 2017, or the expiration of the certificate of fitness, whichever is sooner, all persons holding a fire safety/EAP director certificate of fitness must attend and successfully complete a training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-06 that addresses active shooter and medical emergencies.
(4) Transition requirements for fire safety directors. All persons holding a fire safety director certificate of fitness but not an EAP director certificate of fitness shall undertake and successfully complete the following requirements.
(A) Not later than September 4, 2017, or the expiration of their certificate of fitness, whichever is sooner, attend and successfully complete a training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-06 that addresses active shooter and medical emergencies, which may be a training course in non-fire emergencies accredited pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-05 that includes training in active shooter and medical emergencies;
(B) Not later than September 3, 2018, or the expiration of their certificate of fitness, whichever is sooner, attend and successfully complete a training course accredited by the Department pursuant to 3 RCNY § 113-04 and 3 RCNY § 113-05 that addresses non-fire emergencies generally (commonly referred to as Emergency Action Plan training);
(C) Not later than December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner, apply to the Department for an FLS director certificate of fitness;
(D) Not later than March 1, 2019, receive a passing grade on the non-fire emergency component of the Department's written examination. (Employment or the promise of employment as an FLS director in a particular building is not required to take such examination.) Upon receiving a passing grade on the non-fire emergency component of the written examination, the Department will issue a certificate of completion. An applicant who has received a certificate of completion may serve as an FLS director on an interim basis, as set forth in 3 RCNY § 113-02(f)(6), pending administration of the practical (on-site) examination; and
(E) Not later than one year from obtaining a certificate of completion, apply for and receive a passing grade on the Department's practical (on-site) examination at the work location in which the applicant is to serve as an FLS director.
(5) Transition requirements for certificates not in use. Any person holding a fire safety director or fire safety/EAP director certificate of fitness that is in "not in use" status must timely complete the transition requirements applicable to the FLS director certificate of fitness, as set forth in 3 RCNY § 113-02(f)(3) or (4), as applicable, or its "not in use" status will lapse on December 1, 2018, or the expiration of their certificate of fitness, whichever is sooner.
(6) Interim FLS directors. When an applicant for an FLS director certificate of fitness is to be employed in a work location that has not yet obtained Department acceptance of its comprehensive fire safety/EAP plan, such applicant may, upon receiving a certificate of completion, perform the duties of an FLS director on an interim basis pending administration of the practical (on-site) examination for a period not to exceed one (1) year from the date of issuance of the certificate of completion or for such other period of time as the Department may grant in its discretion. The presence on the premises of a person holding such a certificate of completion satisfies the requirement for an FLS director during such interim period, as set forth in 3 RCNY § 113-02(d)(5) and (f)(4). "Perform the duties of an FLS director on an interim basis" means that such person is authorized to implement the provisions of FC Chapter 4 and 3 RCNY § 404-01 with respect to fire emergencies and to take such actions in response to non-fire emergencies as the owner may authorize, based on the non-fire emergency plan or procedures currently in place.
(Amended City Record 10/28/2016, eff. 12/1/2016)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-8939Fetched: 10/24/2026