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Fire Code Modification (Variance)

New Application Fees $200 HOW TO APPLY


City Fire Department

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.


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