2006 New York Code - Definitions.

 
    §  27-4002  Definitions.  Unless  otherwise expressly stated, whenever
  used in  subchapters  one  through  twenty-seven  of  this  chapter  the
  following terms shall respectively be deemed to mean:
    1.  Ammunition,  a  metal  or  other  shell containing a fulminate, or
  containing black or smokeless  powder  for  the  purpose  of  propelling
  projectiles  or  shot;  or black or smokeless powder packed for use as a
  propelling charge or for saluting purposes.
    1a. Apartment. An apartment, as  defined  in  subdivision  fifteen  of
  section four of the multiple dwelling law.
    2.  Black  powder  (gunpowder),  any  explosive  substance composed of
  sulphur, charcoal and either sodium or potassium nitrate.
    3. Blasting cap, a cap or detonator, with wires attached for exploding
  the same by means of electricity.
    4. Blasting  powder,  an  explosive  substance  composed  of  sulphur,
  charcoal  and  sodium  nitrate,  specially  prepared  for the purpose of
  blasting.
    5. Bond, a written obligation or undertaking, under seal,  whereby  an
  applicant  for or holder of a permit engages and agrees to indemnify the
  city for any loss, damage or injury resulting from his or her acts under
  such permit.
    6. Cabinet, a small metal or fire resisting enclosure for the  storage
  of  nitro-cellulose  products constructed as specified in paragraph four
  of subdivision c of section 27-4197 of the code.
    6a. Central heating plant. Any heating plant, unit or appliance which:
    (a) is designed to operate as a central source of supply  of  heat  or
  hot water for any structure or portion thereof, and
    (b) is located in a room or other enclosed space which:
    (1)  is separate from the areas in such structure to which such plant,
  unit or appliance supplies heat or hot water, and
    (2) conforms with all requirements of law  applicable  to  a  room  or
  enclosed  space  used  or  designed  to be used as a location for such a
  plant, unit or appliance.
    7.  Certificate  of  approval,  a  written  statement  issued  by  the
  commissioner,  certifying that a type, class or kind of article or thing
  has been examined, tested and approved for a specified purpose or use in
  conformity with the requirements of this chapter  or  rules  promulgated
  pursuant  to  this  chapter.  In  those  instances  where  a  testing or
  performance standard is not prescribed by this chapter  or  such  rules,
  the type, class or kind of article or thing shall have been examined and
  tested in a manner acceptable to the commissioner.
    8.   Certificate  of  fitness,  a  written  statement  issued  by  the
  commissioner, certifying that the person to whom it is issued has passed
  an examination as to his or her  qualifications  to  perform  such  work
  mentioned therein, and that he or she has authority to perform such work
  during the term specified.
    8a.  Certificate  of  license,  a  written  statement  issued  by  the
  commissioner authorizing the operation of a business to install,  alter,
  test or repair motor fuel storage and dispensing equipment.
    8b.  Certificate  of  qualification  to  maintain standpipe systems, a
  written statement issued by the commissioner certifying that the  person
  to  whom  it  is  issued  has  passed  an  examination  as to his or her
  qualifications to perform such work mentioned  therein,  and  that  such
  person has authority to perform such work during the term specified.
    9.  Certificate  of  registration,  a  written statement issued by the
  commissioner, certifying that the  person,  association  or  corporation
  named   therein  has  registered  his  or  her  or  its  name  with  the
  commissioner in  conformity  with  the  provisions  of  subchapters  one
  through twenty-seven of this chapter.


    10.  Combustible  mixture,  a  liquid  or  mixture having a closed-cup
  flashpoint at or above a temperature of one hundred degrees  Fahrenheit,
  except that, for purposes of transportation, a combustible mixture shall
  mean  a  liquid or mixture defined as a combustible liquid by the United
  States department of transportation.
    10a.  Commissioner,  the  fire commissioner of the city of New York or
  his or her duly authorized representative.
    10b. Diesel fuel oil, any liquid, used as a motor fuel which does  not
  emit  a  flammable  vapor  below  a  temperature  of one hundred degrees
  Fahrenheit when tested in a Tagliabue open cup tester.
    10c. Department, the fire department of the city of New York.
    12. Container capacity, the cubic measure of the container.
    13. Essential oil, an oil used for flavoring or perfuming purposes.
    14. Explosive, explosive compound or mixture,  or  explosive  article,
  any  substance, or compound, or mixture, or article having properties of
  such a character that alone, or in combination or contiguity with  other
  substances   or  compounds,  it  may  decompose  suddenly  and  generate
  sufficient  heat,  or  gas,  or  pressure  to  produce   rapid   flaming
  combustion, or administer a destructive blow to surrounding objects.
    15. Fahrenheit, the Fahrenheit thermometer.
    16.  Fire  retarding  material,  asbestos  board  in  two layers, each
  one-fourth inch in thickness, the second layer breaking  joints  in  all
  directions with the first, or plaster boards cocoa fibre filled, covered
  with  lap jointed metal not less than 26 B. & S. gauge in thickness, and
  any other material that has successfully passed the one hour  fire  test
  prescribed  by  the  industrial  board  of  appeals  of  the state labor
  department  on  the  twenty-ninth  day  of  October,  nineteen   hundred
  fourteen.
    17.  Fireworks,  any  combustible  or  explosive  composition,  or any
  substance or combination of substances, or  article,  prepared  for  the
  purpose  of  producing  a  visible  or  an audible pyrotechnic effect by
  combustion, explosion, deflagration or detonation.
    18. Fuel oil, any liquid mixture, substance or compound, derived  from
  petroleum,  which does not emit a flammable vapor below a temperature of
  one hundred twenty-five degrees Fahrenheit, when tested in  a  Tagliabue
  open cup tester.
    19.  Garage, a building, shed or enclosure, or any portion thereof, in
  which a motor vehicle other than one the fuel storage tank of  which  is
  empty, is stored, housed or kept.
    19a.  Storage  garage,  a  garage  in which motor fuel other than that
  contained in the fuel storage tanks of motor vehicles is handled, stored
  or kept.
    19b. Non-storage garage, a garage in which no motor  fuel  other  than
  that  contained  in the fuel storage tanks of motor vehicles is handled,
  stored or kept.
    20. Gas under pressure, a gas  or  compound  of  gases,  either  in  a
  gaseous or liquid form, compressed to a pressure greater than six pounds
  to the square inch gauge at seventy degrees Fahrenheit.
    20a.  Combustible  or  flammable  gas,  any  gas  which  will  form an
  explosive mixture upon concentration with air or which  will  ignite  in
  air.
    21.    Guncotton,    that    nitro-cellulose   chemically   known   as
  hexanitro-cellulose, and generally used alone  or  in  combination  with
  other  substances  as  a  blasting  explosive or as a propelling charge,
  including all cellulose nitrates of a higher degree of nitration.
    21a. Heating season, the period of  time  from  October  fifteenth  to
  April fifteenth.


    22.  Flammable  mixture,  a  liquid  or  mixture  having  a closed-cup
  flashpoint at a temperature below one hundred degrees Fahrenheit, except
  that, for purposes of transportation, a flammable mixture shall  mean  a
  liquid  or  mixture  defined  as a flammable liquid by the United States
  department of transportation.
    23.  Kerosene  or  kerosene  oil,  any  liquid  product  of petroleum,
  commonly used for illuminating purposes, which does not emit a flammable
  vapor below a temperature of one hundred degrees Fahrenheit, when tested
  in a Tagliabue open cup tester.
    24. Lubricating oil, an  oil  used  to  reduce  friction,  whether  of
  animal, vegetable or mineral origin, or a compound thereof.
    25.  Match,  a  stick  fibre or wick of wood, paper or other material,
  cut, prepared, manufactured or treated so that, by friction, contact  or
  otherwise,  with  or  upon  a  surface  or substance, it will ignite and
  produce a flame or combustion.
    26. Motor vehicle, a vehicle or other conveyance having more than  two
  running  wheels  and  using  motor  fuel  or flammable gas as a fuel for
  generating motive power, except such vehicles as  have  a  storage  tank
  with  a  maximum  capacity  for less than two gallons of motor fuel or a
  container with a maximum capacity limited to a quantity of flammable gas
  that generates energy that is equivalent to the energy generated by  two
  gallons of gasoline.
    26a.  Motor  fuel,  gasoline,  diesel  fuel  oil or other flammable or
  combustible liquids or mixtures used as fuel in the operation  of  motor
  vehicles, motorcycles, motor boats and aircraft.
    26b.  Flammable  motor  fuel,  gasoline  or other flammable liquids or
  mixtures used as fuel in the operation of motor  vehicles,  motorcycles,
  motor boats and aircraft.
    27.  Motor  vehicle repair shop, a building, shed or enclosure, or any
  portion thereof, wherein is conducted the general business of  repairing
  motor vehicles.
    27a.  a.  Multiple  dwelling.  A  multiple  dwelling,  as  defined  in
  subdivision  seven  of  section  four  of  the  multiple  dwelling  law,
  including  any  portion  of  such dwelling used for other than living or
  sleeping  purposes,  or  for   any   business,   commercial   or   other
  non-residential purpose.
    b.  Class A multiple dwelling. A class A multiple dwelling, as defined
  in subdivision eight of section four of the multiple dwelling law.
    c. Class B multiple dwelling. A class B multiple dwelling, as  defined
  in subdivision nine of section four of the multiple dwelling law.
    28.  Nitro-cellulose  product,  any  substance, material, or compound,
  having soluble cotton, or similar nitro-cellulose as a  base,  including
  pyralin,  celluloid,  fiberoid,  viscoloid,  and  similar  materials and
  compounds by whatever name known, whether raw or finished product.
    29. Oil and fat, any oil, fat  or  grease,  of  animal,  vegetable  or
  mineral origin, except essential oils.
    29a.  Oil-burning  equipment,  any device including but not limited to
  oil-burners,  oil  heaters  or  internal  combustion  engines  used  for
  heating, power or other purposes, designed for using fuel oil as defined
  by subdivision eighteen of this section.
    29b.  Motor  fuel storage and dispensing equipment, all equipment used
  for storage or dispensing of motor fuel including storage tanks, piping,
  valves, fill connection catchment basins, vent lines, pumps,  dispensing
  devices   and   other   ancillary   equipment   whether  aboveground  or
  underground.
    30. Service Station. Any premises or portion thereof in which there is
  motor fuel storage and dispensing equipment.


    30a. Automotive service station. A service station where motor fuel is
  stored, sold and dispensed  for  use  in  motor  vehicles,  including  a
  service  station  where  such  fuel  is  dispensed  by customers of such
  service station.
    30b.  Private  filling  station. A service station where motor fuel is
  stored and dispensed for use in motor vehicles or  equipment  which  are
  owned or operated by the operator of the service station.
    30c.  Marine  service  station.  A service station where motor fuel is
  stored and dispensed for use in motor boats.
    31. Bulk oil storage plant, a building, shed, enclosure  or  premises,
  or  any  portion  thereof, in which petroleum or coal tar, or the liquid
  products thereof, are stored or kept for sale in large quantities.
    31a. Owner. The owner of the freehold of any real property (as defined
  in section two of the real property law), or of a lesser estate therein,
  a mortgagee or  vendee  in  possession,  assignee  of  rents,  receiver,
  executor,   trustee,  lessee,  agent,  or  any  other  person,  firm  or
  corporation, directly or indirectly in control  of  real  property.  Any
  reference  in this chapter to the owner of any structure shall be deemed
  to designate collectively any or all of the  foregoing,  including,  but
  not limited to, the owner of the freehold or lesser estate therein and a
  managing  agent  designated by such owner pursuant to section 27-2098 of
  this title of the code.
    31b. Parking lot, any outdoor space or uncovered plot of ground  which
  has  a  capacity  to  hold  five  or  more motor vehicles and is used to
  accommodate, store or keep motor vehicles for the payment of  a  fee  or
  other consideration, charged directly or indirectly.
    32.  Permit,  the  written  authority of the fire commissioner, issued
  pursuant to subchapters one through twenty-seven of  this  chapter,  for
  the manufacture, transportation, storage, sale or use of any finished or
  unfinished  product,  articles  or  thing,  or any material or substance
  entering into the composition thereof.
    32a. Private dwelling. A private dwelling, as defined  in  subdivision
  six  of  section  four  of the multiple dwelling law, including, but not
  limited to, a single-family private dwelling and  a  two-family  private
  dwelling, as defined in such subdivision of such law.
    33. High hazard, storage, merchantile, industrial, business, assembly,
  educational,  institutional,  residential  and  miscellaneous  occupancy
  groups as established in article two of subchapter three of chapter  one
  of title twenty-seven.
    35.  Retail  drug  store, a store or building used for the compounding
  and dispensing, usually in the form of physicians' prescriptions, or for
  the selling of small quantities of medicinal  preparations,  proprietary
  articles, drugs, chemicals, oils, volatile solvents and other substances
  which,  alone or in combination with any other article or substance, are
  of a highly combustible, flammable or explosive nature.
    36. Safety or slow burning fuse, a  train  or  core  of  black  powder
  surrounded  by strands of jute, hemp or other fibre, and usually covered
  with a water-proofing material.
    37. Smokeless powder, a propellant for small arms or  cannon,  in  the
  combustion  of  which  smoke  is  largely eliminated, and having for its
  explosive base nitro-cellulose in varying proportions.
    38.  Soluble  cotton,  pyroxylin  or  nitro-cellulose,  including  all
  cellulose  nitrates below that chemically known as hexa-nitro-cellulose,
  and soluble in a volatile flammable liquid.
    38a. a. Space heater using oil or like  fuel.  Any  heater,  stove  or
  appliance  (whether or not flue-connected) which (1) is designed for the
  heating of space in structures, and (2)  uses  or  is  designed  to  use
  kerosene,  fuel  oil  or  any  flammable  mixture or combustible mixture


  (whether or not such mixture is derived from petroleum), as  defined  in
  this code, and (3) does not constitute a central heating plant.
    b.  Space  heater  using  kerosene  or like fuel. Any heater, stove or
  appliance (whether or not flue-connected) which (1) is designed for  the
  heating  of  space  in  structures,  and  (2) uses or is designed to use
  kerosene or any flammable  mixture  (whether  or  not  such  mixture  is
  derived from petroleum).
    38b. a. Structure. Any building or construction of any kind.
    b. Structure not constituting a multiple dwelling or private dwelling.
  Any  structure  which  is not a multiple dwelling or a private dwelling,
  including, but not limited  to,  any  structure  used  or  designed  for
  business, commercial or industrial purposes.
    c.  Structure not constituting a private dwelling. Any structure which
  is not a private dwelling, including, but not limited to,  any  multiple
  dwelling  and any structure used or designed for business, commercial or
  industrial purposes.
    39. Technical establishment, a  building  or  place  where  explosive,
  flammable  or highly combustible substances are produced, used or stored
  for use, or  where  chemicals  or  other  materials  entering  into  the
  production  of  such  substances  are  stored  or  used, excepting those
  establishments   which   are   specifically    treated    under    other
  classifications in subchapters one through twenty-seven of this chapter.
    40.  Tenement  house,  a  class  A  multiple  dwelling  as  defined in
  subdivision four of section four of the multiple dwelling law.
    40a. This code. The fire prevention code.
    41. Tote box, a box used for the  handling  of  stock  in  process  of
  manufacture or finished stock, constructed as specified in subdivision k
  of section 27-4200 of the code.
    42.  Vault,  a  covered excavation or chamber, below the street level,
  with masonry walls and roof, constructed outside the foundation walls of
  a building, and with  but  one  entrance,  fitted  with  a  self-closing
  fireproof  door.  The term "vault", when used in subchapter nineteen for
  the storage of nitro-cellulose products, shall mean a small room of  not
  over  fifteen  hundred  cubic  feet  capacity, constructed and protected
  according to the provisions of  paragraph  three  of  subdivision  c  of
  section 27-4197 of the code.
    43.  Volatile  flammable  oil,  any oil or liquid that will generate a
  flammable vapor at a temperature below one  hundred  degrees  Fahrenheit
  when tested in a Tagliabue open cup tester.
    44.  Weight  and  pound,  the  weight  of  the  material,  or product,
  excluding the weight of packages, cartons, packing boxes, or containers.
    45. Wholesale drug store or drug and chemical supply house, a building
  or place used for receiving, handling, storing or keeping for  sale,  in
  large  quantities,  medicinal preparations, proprietary articles, drugs,
  chemicals, oils, volatile solvents, and other substances which, alone or
  in combination with other  substances  or  articles,  are  of  a  highly
  combustible, flammable or explosive nature.
    46.  Working  or  filling  pressure,  the  pressure at seventy degrees
  Fahrenheit.
    47.   Refrigerating   system,   a   combination   of    interconnected
  refrigerant-containing   parts   forming   a  closed  circuit  in  which
  refrigerant  is  circulated  for  the  purpose   of   extracting,   then
  discharging heat.