Fire Code Modification (Variance)
Form BFP-MOD should be used to apply to the Fire Department, pursuant to NYC Fire Code Section FC 104.8 and 3RCNY §104-01, for a modification (variance) of any Fire Code or Fire Department Rule provision.
This Variance Application cannot be used to apply for modifications of the NYC Building Code, including design requirements for fire alarm systems.
The completed BFP-MOD application form must be submitted electronically online on FDNY Business. Submit all required/relevant supporting documents, along with the application form.
Item #15 on the BFP-MOD application requires you to provide detailed information and documentation relative to the specific nature of the modification requested. Use this section to summarize the difficulty you have with complying with NYC Fire Code and/or Fire Department Rule requirements.
In some cases, it will be necessary to submit a site plan in support of the modification application. This site plan must by high resolution, must be sufficiently detailed, and must show all relevant features. The site plan must conform to architectural and design standards. At this time, stamping by a Licensed Professional Engineer, or Registered Architect is optional but is not required.
A non-refundable application fee of $200.00 is required at the time of filing. Payments shall be made electronically at NYC’s CityPay.
How to apply for a Fleet Fueling (a/k/a Wet-Hosing) modification application:
- Complete the modification application form and provide all relevant information.
- The application form should be completed and submitted by the owner of the fleet that will be fueled. Typically, the fleet owner is a tenant of the property owner (e.g. for a property such as an outdoor parking lot).
- Provide a detailed site plan of the location where the proposed fleet fueling will be taking place.
- Indicate whether the requested fueling will involve diesel fuel, gasoline, or both.
- Provide a letter from the legal owner of the property on official Company letterhead, indicating that the owner has no objection to the proposed fleet fueling activity.
- Provide a letter from the fuel vendor that will conduct the proposed fuel dispensing (typically from a tank truck vehicle).
- Indicate how many vehicles (and types of vehicles) need to be fueled every day, and the (approximate) daily fuel consumption, in gallons. For example, a fleet of ten (10) trucks, each requiring 20 gallons of fuel per day, for a total of 200 gallons of DIESEL fuel per day.
Below are some common Modification (Variance) sub-types and brief descriptions with documentation required for each sub-type:
- Fleet fueling (Diesel) - dispensing diesel fuel
- Fleet fueling (Gasoline) - dispensing gasoline
- Construction site fueling by oversize tank truck - Citywide
- Street Fair - requesting reduction in fire lane width
- Dry cleaner seeking waiver of sprinkler requirements
- Dispensing and storage of Biodiesel B20 fuel at Agency site
Please review the
Table of Documents Required for Common Modification Sub-Types
.
Once your application has been submitted:
- Your application will be reviewed.
- You may be contacted and asked to supply additional information and\or documentation.
- If your variance application is approved, you will be sent an approval letter, listing conditions of approval.
- If your variance application is objected to, you will be sent a letter of deficiency, explaining the issues
problems with your application, and how to correct them. - If your variance application is denied, you will be sent a denial letter, explaining that you have the right to appeal the determination.
You must make payment on FDNY Business to submit your application. To make payments for additional invoiced fees after submission use one of the following methods:
Online (preferred):
Online (preferred) Payment can be made online at FDNY Business (credit, debit or e-check accepted)
US Mail (check must contain FDNY Business Record ID):
NYC Fire Department (FDNY)
Bureau of Fire Prevention
9 MetroTech Center, Attn: Cashier’s Unit (1st Floor)
Brooklyn, NY 11201