As used in this article, the following terms have the meanings
indicated:
AUTOMATIC FIRE EXTINGUISHING SYSTEM
A nonportable fire extinguishing system containing an extinguishing
agent under pressure that is expelled for the suppression of a fire,
not to include any type of fixed fire sprinkler system.
BOARD
The Portable Fire Extinguisher and Automatic Fire Extinguishing
Systems Licensing Board.
CERTIFICATE OF REGISTRATION
A certificate or document issued to a person by the Suffolk
County Commissioner of Fire, Rescue and Emergency Services authorizing
the existence and use of premises for the purpose of the design, installation
and/or servicing of portable fire extinguishers and automatic fire
extinguishing systems.
CLEAN AGENT
An electrically nonconducting volatile or gaseous fire extinguishant
that does not leave a residue upon evaporation, exclusive of carbon
dioxide.
CLOSED RECOVERY SYSTEM
Equipment required for the recovery of dry chemical or halogenated
agents so that the extinguishing agent is captured in a closed system.
COMMISSIONER
The Commissioner of the Suffolk County Department of Fire,
Rescue and Emergency Services (FRES).
DEPARTMENT
The Suffolk County Department of Fire, Rescue and Emergency
Services (FRES).
FIRE MARSHAL
A Fire Marshal duly appointed by or employed by Suffolk County.
INSTALL and INSTALLATION
The placement of any automatic fire extinguishing system
or portable fire extinguisher, as defined herein, in a structure,
building, or any other item, place, or location for the purpose of
controlling or extinguishing a fire.
LABELED
Equipment or materials to which has been attached a label,
symbol, or other identifying mark of an organization acceptable to
the Fire Marshal and concerned with product evaluation, that maintains
periodic inspection of production of labeled equipment or materials,
and by whose labeling the manufacturer indicates compliance with appropriate
standards of performance in a specified manner.
LICENSE
A certificate or document issued to a natural person by the
Commissioner authorizing the holder thereof to install and service
portable fire extinguishers and automatic fire extinguishing systems.
LISTED
Equipment and/or materials that are included in a list published
by an organization acceptable to the Fire Marshal and concerned with
product evaluation, that maintains periodic inspection of production
of listed equipment or materials and whose listing states that either
the equipment or materials meet appropriate standards or have been
tested and found suitable for use in a specified manner. The means
for identifying listed equipment vary for each organization concerned
with product evaluation, some of which do not recognize equipment
as listed unless it is also labeled. The Fire Marshal shall utilize
the system employed by the listing organization to identify a listed
product.
NFPA
The National Association of Fire Protection.
PERSON
Any natural person, firm, corporation, partnership, limited-liability
company, entity, joint venture, association, or organization.
PLACE OF BUSINESS
A designated location at which work in connection with servicing
or installation of portable fire extinguishers and automatic fire
extinguishing systems is conducted.
PORTABLE FIRE EXTINGUISHER
A portable device, carried or on wheels and operated by hand,
containing an extinguishing agent that can be expelled under pressure
for the purpose of suppressing or extinguishing fire.
RECOVERY
The act of removing dry chemical or halogenated agents from
a fire extinguisher or systems by means of a closed recovery system
as defined herein.
REGISTERED FACILITY
A place of business which has a valid, current certificate
of registration duly issued by the Commissioner.
Portable fire extinguishers and automatic fire extinguishing
systems shall be serviced at a registered facility, except that a
clean agent automatic fire extinguishing system may be serviced at
the location of its installation by a license holder.
The provisions of this article do not apply to employees of
or individuals acting on behalf of any federal, state, or local government
or any agencies thereof.
In order to maintain a license or a certificate of registration,
the following standards and procedures shall be followed:
A. Fire and performance standards.
(1) Installation and service may only be performed on a portable fire extinguisher or an automatic fire extinguishing system that is listed and labeled and meets or exceeds all of the requirements of the fire test standards and performance standards referenced in the appropriate NFPA standards referred to in Subsection
A(3) of this section.
(2) The identification of the listing and labeling organization and the
fire test and performance standard that the extinguisher meets or
exceeds shall be clearly marked on each extinguisher, with the exception
of extinguishers manufactured prior to January 1, 1986.
(3) The selection, installation, inspection, and servicing of portable
fire extinguishers shall be as specified in NFPA 10 and the applicable
section(s) of the Fire Prevention and Building Code of the State of
New York.
(4) The selection, installation, inspection and servicing of automatic
fire extinguishing systems shall be as specified in NFPA 12, 12A,
17, 17A, and 2001 and the applicable section(s) of the Fire Prevention
and Building Code of the State of New York.
B. Record tags and labels.
(1) New record tags shall be attached to each portable fire extinguisher
and automatic fire extinguishing system in accordance with the applicable
NFPA standard when put into service and each time service is performed.
The following information shall be recorded on a record tag:
(a)
Name and license number of individual who performed servicing;
(b)
Serial number of cylinder;
(c)
Statement of the type of service performed;
(d)
Statement of the type of portable fire extinguisher involved;
(e)
Statement of the month and year that the service was performed;
(f)
The words "DO NOT REMOVE"; and
(g)
The name, address, phone number, and certificate of registration
number of the registered facility.
(2) Each six-year maintenance shall be recorded on a record table consisting
of a metallic decal, which shall be affixed on the exterior of the
cylinder and which shall self-destruct when removal is attempted.
Any six-year maintenance label previously attached to a cylinder shall
be removed prior to affixing a new label. The label shall contain
the following information:
(a)
The year and month that the six-year maintenance was performed;
(b)
The name, address, phone number, and certificate of registration
number of the registered facility performing the maintenance; and
(c)
The initials and license number of the license holder performing
the maintenance.
(3) When a low-pressure hydrostatic test is performed, it shall be recorded
on a record label consisting of a metallic decal, which shall be affixed
on the exterior of the cylinder. Any low-pressure hydrostatic test
labels previously attached to a cylinder shall be removed prior to
affixing a new label. The record label shall contain the following
information:
(a)
The year and month the test was performed;
(c)
The name, address, phone number, and certificate of registration
number of the registered facility; and
(d)
The initials and license number of the license holder performing
the testing.
C. Verification of service collar.
(1) Each extinguisher that has undergone maintenance that includes internal
examination, or that has been recharged, shall have a "Verification
of Service" collar located around the neck of the cylinder.
(2) The collar shall consist of a single circular piece of uninterrupted
material forming a hole of a size that will not permit the collar
assembly to move over the neck of the cylinder unless the valve has
been completely removed.
(3) The collar shall not interfere with the operation of the extinguisher.
(4) The collar shall include the month and year of the service performed,
indicated by a perforation such as is done by a hand punch.
(5) The collar shall include the name and certificate of registration
number of the registered facility.
D. Failure to comply with the requirements of this section shall be
grounds for license or certificate of registration revocation, suspension
or nonrenewal.
A contract entered into one year after the effective date of
this article to install or service portable fire extinguishers and
automatic fire extinguishing systems by a person who, on the date
of the contract, does not possess a valid license or certificate of
registration is unenforceable by him/her or it and voidable at the
option of any other party to the contract. Nothing contained herein
shall be construed to prevent any other party to the contract from
enforcing its terms.
The final determination of the Commissioner in granting or refusing
to grant or to renew a license or certificate of registration, or
in revoking or suspending a license or certificate of registration,
shall be subject to review by a proceeding brought pursuant to Article
78 of the New York Civil Practice Law and Rules.
The Department and Fire Marshal shall enforce this article.
A Fire Marshal shall be authorized to serve official notices of violation
of this article.