NYC New Fire Code: New Hazardous Materials Laws
Posted on Mon, Aug 10, 2009 @ 08:27 AM
By Lauren Biggs, Operations Compliance Specialist
On April 25, 2002, post-September 11 New York City was shaken by an unexplained explosion in an 11 story, mixed-occupancy building on 19th Street in Manhattan. After terrorism was ruled out as the cause of the incident, a massive investigation was conducted by the NYC Fire Department (FDNY), US Chemical Safety and Hazard Investigation Board, New York State Department of Environmental Conservation (NYSDEC), New York City Department of Environmental Protection (NYCDEP), and the Occupational Safety & Health Administration (OSHA). It was determined that the explosion was caused by improper mixing and management of multiple hazardous materials by a sign company in the basement of the building.
The investigation found that the explosion occurred when employees consolidated the residual contents of 10 small carboy containers of concentrated nitric acid into an unlabeled 55-gallon container of flammable lacquer waste. Just moments after the consolidation, a violent exothermic reaction began that, combined with the oxidizing properties of the nitric acid and the fuel from the flammable lacquer, caused an explosion. The explosion shook the entire building; blowing windows and pieces of the building out on to the streets, closing down traffic on 19th Street for weeks, sending at least 36 people to the hospital (including employees, contractors, members of the public, and responding fire fighters), and disrupting the lives of New Yorkers.
Although some general regulations were in place to prevent improper management of hazardous materials, the investigation found there was a serious need for additional oversight by the FDNY and greater coordination amongst agencies. In response to this incident and the threat of future hazards, the FDNY began developing a new Fire Code that would regulate more than just flammable hazardous materials.
The existing NYC Fire Code had been in place since 1913 but had been periodically amended over the years. In 2004, in an effort to expand the breadth of the Fire Code, the FDNY began the process of adopting the 2003 edition of the International Fire Code (IFC) and adapting it to the unique needs of New York City. The IFC, in addition to setting more uniform standards across the board, regulates the storage, handling, and use of multiple hazardous materials that could threaten human health or safety if improperly managed. As the FDNY reviewed the IFC, they had to provide for NYC-specific characteristics such as unique space constraints and dense, mixed-occupancy buildings.
On July 1, 2008, the new Fire Code went in to effect, replacing the old code. The new code incorporated elements of both the old NYC Fire Code and the 2003 IFC. Notably, the FDNY contributed new portions addressing Certificates of Fitness (certificates issued to individuals who pass tests specific to certain regulatory functions mandated by the Code); the permitting of vehicles that transport hazardous materials; and the permitting of nonproduction laboratories. The IFC brought modifications and/or enhancements to the Code's chapters on Explosives, Flammable and Combustible Liquids, and Propane , but also contributed an entirely new chapter (Chapter 37) speaking to the handling, storage, and use of many types of hazardous materials: toxics, highly toxics, corrosives, flammable solids, oxidizers, organic peroxides, pyroxylin plastics, ozone gas generators, pyrophorics, unstable reactives, and water-reactive materials.
The new NYC Fire Code is over 600 pages long, but the FDNY has volunteered a free informational session specific to the new permitting and Certificate of Fitness (C91) standards for the new Hazardous Materials Regulations on August 20th, 2009. To register for the free informational session or to get more details on the applicability of the new Code, you can visit the FDNY website at Hazardous Materials (C-91) .