New York Law Requires That Contractors Take Precautions Against Fire with Specific Steps

<!-- @page { margin: 0.79in } P { margin-bottom: 0.08incombustible materials. Cans of flammable fluids, like
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According to the United States Fire Administrationremoved if heat or flame is to be used nearby.
(“USFA”), in 2005 there were 10 fire deaths perBefore commencing hot work, a “hot work
million people in New York State. Last year, fire killedcheck” or area inspection must be performed
more Americans than all natural disasters combined.carefully. A contractor is to ensure that exposed
(Source; USFA: Fire Statistics 2007). The New Yorksurfaces in proximity to the hot work area are not
City Fire Department reports that the five boroughs ofcombustible. If the surfaces are exposed and
New York City had over 28,000 fires last year.combustible, they must be shielded. For example, oak
Perhaps unsurprisingly, the vast majority of fire deathsbeams located just above a hot work area are to be
occurred in residences.covered with a fireproof material.
Although there are many causes of home fires, thisThe installation of partitions to prevent the spread of
article will discuss fire prevention in the home duringheat, sparks or flame from a hot work area to the
renovation and/or repair by contractors. In the ordinaryrest of the building are also required.
course of work, construction companies routinely useThe contractor must have personnel available to
open flame, heat, and other sources of combustionconduct a “fire watch,” policing the hot work
that put buildings at risk for fire. For example, metalarea and adjacent structures for the outbreak of
gutters require welding. Roofing materials are oftenflames. The Code is so strict on this point that a fire
heated, and covered with applications of hot tar. Underwatch is required to continue “for a minimum of 30
certain circumstances, applications of solder or sparksminutes after the conclusion of the work.”
from electrical equipment can ignite a building.Moreover, construction personnel are mandated to
New York State, with a large population, many urbanhave fire extinguishing equipment available at all times
areas and a high concentration of residential buildings,and to have received training in its usage. Fire
has strict regulations governing this type of work.extinguishers must be kept within thirty feet of the hot
Section 26 of the Fire Code and Propertywork area.
Maintenance Code of New York State (“theHomeowners and landlords should keep these
Code”) is a comprehensive body of law withmandated practices in mind the next time contractors
explicit, detailed mandates for the performance ofperform work on their properties. The safe
what is known as “hot work.”performance of work involving flame, heat or sparks is
The Code defines “hot work” as operationsnot just a matter of common sense, it is the law. Make
including “cutting, welding…installation ofsure the contractors you hire are familiar with the
torch-applied roof systems or any other similarCode. If you live in a city, there may be local fire
situation.” Equipment used for “hot work”ordinances and regulations as well. Always check to
includes “electric or gas welding or cuttingsee that your contractor is licensed and insured, and
equipment.” A “hot work area” is “thehas received the necessary permits to perform the
area exposed to sparks, hot slag, radiant heat orwork at issue. Taking these basic steps can ensure
convective heat as a result of the hot work.”that the work at your home is done free of incident or
As a first matter, the Code directs that the hot workproperty damage.
area be kept clear of scraps, debris and other