Fire Code Modification (Variance)
Use Form BFP-MOD to ask the Fire Department for a change (variance) to any Fire Code or Fire Department Rule. This follows NYC Fire Code Section FC 104.8 and 3RCNY §104-01.
You cannot use this form to ask for changes to the NYC Building Code, like fire alarm system design rules.
Submit the completed BFP-MOD application form online on FDNY Business. Include all needed documents with the form.
Item #15 on the BFP-MOD application: Needs details and proof about the change you want. Explain why you cannot follow the NYC Fire Code and/or Fire Department Rule.
Site plan submission: Sometimes, you need to send a site plan with your form. This plan must be high resolution, detailed and show all relevant features. It must meet design standards. Stamping by a Licensed Professional Engineer or Registered Architect is optional.
Application fee: A non-refundable fee of $200 is needed when you file. Pay online at NYC's CityPay.
How to apply for a fleet fueling (a.k.a. wet-hosing) modification application
- Complete the form and give all needed information.
- The fleet owner, usually a tenant, should complete and send the form.
- Provide a detailed site plan of where the fueling will happen.
- Say if the fueling will use diesel, gasoline or both.
- Provide a letter from the property owner on company letterhead saying they do not object to the fueling.
- Provide a letter from the fuel vendor who will do the fueling (usually from a tank truck).
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Effective May 11, 2020: The NYC Fire Department will not accept new paper applications. To file online, see Technology Management Training.
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Select the Fire Code Modification Category: Choose the Fire Code Modification category on the FDNY business website.
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Common Modification (Variance) sub-types: Here are some common sub-types and the documents needed for each:
- Fleet fueling (diesel): dispensing diesel fuel.
- Fleet fueling (gasoline): dispensing gasoline.
- Construction site fueling by oversize tank truck: Citywide.
- Street fair: asking to reduce fire lane width.
- Dry cleaner: asking to skip sprinkler requirements.
- Dispensing and storage of biodiesel B20 fuel at agency site.
Check the Table of Documents Required for Common Modification Sub-Types.
Once you send your application:
- Your application will be reviewed: You may be asked for more information or papers.
- If your application is approved: You will get a letter with the approval conditions.
- If there are problems with your application: You will get a letter explaining the issues and how to fix them.
- If your application is denied: You will get a denial letter. This letter will explain how you can appeal.
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Submit the completed application: Submit the completed application online with all supporting documents.
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Make Payment on FDNY Business: You must pay on FDNY Business to submit your application. To pay extra fees after submission, use one of these methods:
- Online (preferred): Pay online at FDNY Business (credit, debit or e-check accepted).
- US mail (Check must have FDNY Business Record ID):
NYC Fire Department (FDNY)
Bureau of Fire Prevention
9 MetroTech Center, Attn: Cashier's Unit (1st Floor)
Brooklyn, NY 11201