Fire Safety and Compliance for Boards and Building Owners in NYC

Fire safety begins with preparedness and establishing an emergency plan for your building. The best fire safety plan goes beyond a written document. This essential collection of protocols and general information should answer the following questions:

• Is the building a combustible or non-combustible structure?
   
• If there’s a fire, should residents stay or evacuate the building?
   
• In the event of an evacuation, are there designated routes or stairwells to exit the building?
   
• In the event of an evacuation, is there a designated meeting point outside the property?
   
• Who should residents contact if there’s an emergency?
   

Beyond a fire safety plan, a professional property management company should also help its clients establish:

• Regular maintenance and testing schedules for fire suppression systems
   
• Compliance with local laws and the FDNY fire code
   
  • i.e., fire escape conditions, self-closing doors, sprinkler systems, illuminated signage, working smoke and carbon monoxide detectors
     
• Emergency protocols for building staff
   
• Up-to-date fire safety notices posted, where required
   

FirstService Residential helps condominium and cooperative boards and building owners create personalized emergency plans that suit their building, their resident population, and FDNY compliance obligations. Our experts answer the most commonly asked questions about fire safety in residential buildings.
 

What is a combustible building? What is a non-combustible building?

Understanding your building's classification as either combustible or non-combustible is essential when planning and implementing fire safety measures. New York City’s Building Code classifies structures based on the materials used in their construction:

• Combustible buildings (or "non-fireproof buildings"): These buildings use wood or other combustible materials, particularly in framing, which means that fire can spread more quickly between units. Low-rise multifamily buildings, brownstones, and older townhouses are often classified as combustible.
  
  Residents of combustible buildings should evacuate immediately in the event of a fire, even if the fire is not in their unit, as long as it is safe to do so. If residents are unable to exit safely, they’re advised to call 911, seal their doors and air ducts, and open windows a few inches at the top and bottom.


• Non-combustible buildings (or "fireproof buildings"): While not immune to fire hazards, these buildings are constructed with fire-resistant materials like steel or reinforced concrete to help prevent the spread of fire, heat, and smoke. High-rise buildings, large multifamily properties, and other modern structures typically fall under this category.
  
  In non-combustible buildings, it’s usually safer for residents to stay inside their apartment in the event of a fire elsewhere in the building, unless conditions become dangerous. If residents are unable to exit safely, they’re also advised to call 911, seal their doors and air ducts, and open windows a few inches at the top and bottom.

This information should be included in every building’s fire safety plan. To confirm a building’s classification, boards and owners can consult the NYC Department of Buildings (DOB) website, or review the building’s construction type found in the Certificate of Occupancy or building plans.
 

Why is my building required to have self-closing doors?

When doors are left open during a fire, flames, heat, and smoke can spread rapidly through hallways and stairwells. A self-closing door can isolate these hazards, giving residents more time to evacuate. They also help firefighters contain the blaze.

Under Local Law 111 of 2018, condos, co-ops, and multifamily rentals are required to use self-closing doors for access to interior corridors or stairs. Failure to maintain these doors can result in fines of up to $500, plus $250 per day until the violation is corrected. In 2023, the New York City Department of Housing Preservation and Development (HPD) issued almost 50,000 self-closing door violations.

“Close the door” notices must also be placed on each stairwell door.
 

The FDNY fire code and associated rules outline specific guides and notices that residents and staff must receive from the board, landlord, or housing operator. 

• The Fire and Emergency Preparedness (FEP) Notice, also known as the “back-of-door” notice, is a small guide with emergency instructions posted on the inside of each unit’s front door. A larger version must be placed in a common area.
  
  There are two versions of this notice — one for combustible buildings and one for non-combustible buildings. Boards and owners are responsible for verifying that each unit has posted their FEP notice, either by obtaining written certification from each resident or by inspecting each unit at least once every three years.
   
• The Fire and Emergency Preparedness Guide must be posted in common areas and submitted to all residents and staff upon move-in, and again at least every three years. The document provides building-specific information including year of construction, address, number of floors, whether the building is combustible or non-combustible, information about its fire alarm and suppression systems, the owner or owner’s representative’s contact information, and exit routes.
   
• The Annual Fire and Emergency Preparedness Bulletin highlights timely fire safety and emergency preparedness information relevant to the upcoming year as a supplement to the general guide. This must be submitted to residents and staff alongside the guide.
   
• The Emergency Planning and Evacuation Planning Checklist helps residents develop individual evacuation plans. This must be submitted to residents and staff alongside the guide.

 

Maintaining compliance with Local Law 11 (FISP)

Local Law 11, also known as the Facade Inspection Safety Program (FISP), mandates that all buildings over six stories undergo inspections of their exterior facade every five years. This includes an examination of the building’s fire escape for structural integrity and any hazards such as obstructions or loose items left out by residents which could impede evacuations in an emergency.

Failing to comply with Local Law 11 can result in fines of up to $1,000 per month from the DOB. Ensuring that fire escapes and facades are well-maintained is critical for the safety of residents.
 

Boards, owners, and residents share responsibility for maintaining smoke and carbon monoxide detectors.

It’s estimated that three out of five fire deaths happen in homes with no, or non-working, fire alarms. Since 2004, the installation of smoke and carbon monoxide detectors is required in each unit of a multifamily residential building that stands more than 100 feet above ground.

Residents, boards, and owners each have their own responsibilities when it comes to installing, maintaining, and replacing these devices:  

• Boards and building owners are responsible for installing and replacing devices, inspecting devices before new move-ins, filing for a certification of satisfactory installation, posting approved notices in common areas about proper usage, and providing an approved notice to at least one occupant of each unit about testing and maintaining carbon monoxide detectors.
   
• Tenants, unit owners, and shareholders are responsible for maintaining their devices by testing them monthly and replacing batteries as needed. They may be responsible for reimbursing the owner for a portion of replacement costs, depending on the chargeback allowances in the governing documents.

These devices should be installed on the ceiling or high on the wall, within 15 feet of the primary entrance to each room, and at least 10 feet from the kitchen stove. To reduce false alarms, boards and owners can opt for heat-activated devices, instead of smoke-activated.

By May 1, 2025, boards and building owners are also required to install natural gas detectors. Read more about Local Law 157.

Beyond having smoke and carbon monoxide alarms in your home, it’s also essential to have an escape plan. Everyone in your household should help make the plan and practice it regularly. Use this guide to create a map of your home.
   

Sprinkler systems require regular inspection and maintenance

New York City's fire safety regulations require that sprinkler systems are routinely inspected, tested, and maintained to ensure they remain in optimal working condition. Missed inspections or expired COFs could result in a Notice of Violation (NOV) from the FDNY which range from $300 to $5,000 per infraction, depending on how quickly the error is corrected.

Inspection and testing requirements:

• Monthly visual inspections: A person holding a Certificate of Fitness (COF) must inspect the sprinkler system at least once per month, including a test of pressure tanks. These inspections ensure that all components of the system are functioning correctly and that fire department connections are ready for immediate use. Detailed records of each inspection must be kept on site for review by the FDNY.
   
• Annual testing: In addition to monthly inspections, a full flow test of the system must be conducted annually to verify that it can deliver the necessary water pressure and flow to suppress a fire. These tests must be conducted by a licensed plumber or master fire suppression contractor. For some older buildings, these tests can occur once every 30 months if the system’s pressure gauge is regularly checked and maintained.
   
• FDNY inspections: At least once every five years, the FDNY must witness a flow test of the building’s sprinkler system.
   
• Extra sprinkler heads: All properties are required to keep at least six extra sprinkler heads on site to replace any that have fused or been damaged.
   

Flow test results must be certified by the contractor and submitted to the FDNY. If the system fails the flow test and can’t be corrected before the close of business that day, the contractor is required to notify the FDNY immediately. The building may be required to maintain a fire watch and patrol each floor at least once per hour while the system is down.
 

Compliance questions? Contact a member of our team today.