New York City Chief Fire Marshal Louis Garcia (Bureau of Fire Investigation) issued a directive that became effective last June regarding what he described as “the reckless and illegal practice of using propane torches in installing modified bitumen roofing material on combustible (wood deck) roofs. The fire chief also established guidelines for the arrest and prosecution of individuals and companies responsible for this “reckless behavior.”

More than 70% of all co-ops with flat roofs in New York have wood decks and are affected by this little publicized law. The city council was advised that a study showed that between 1994 and 1998, there was an average of 35 roof fires per year. During that time, a well-publicized roof fire burned down an entire shopping center in the Midwest.

Finally, on May 10, 1999, a high-profile fire in the Big Apple led to the immediate adoption and implementation of stricter rules. Roofers were using propane torches to install modified bitumen that allegedly started a three-alarm fire that destroyed 30 apartments at 327 West 30th Street in Manhattan. The operator of the torch and the owner of the roofing company were arrested for reckless endangerment of property.

Now that this method of roof installation is illegal on combustible roofs, it likely that ambient-applied modifieds and peel and stick products will take the place of torch-down systems in New York City.

Specifically, the Administrative Code of the City of New York, Department of Buildings’ Rules, Title 1, Chapter 25-07 (M), makes it illegal to operate, maintain, or use propane in conjunction with an open flame or torch on the roof of any structure, unless the roof is non-combustible.

Further, the Rule in Chapter 25-07 (G) requires that to torch down roofing material on non-combustible roofs, you now must obtain a Certificate of Fitness issued by the New York Fire Department. Chapter 25-11, Item 8 severely restricts the weight of the propane containers in use or stored in any building.

It is also illegal to transport propane in any vehicle unless the vehicle and owner is specifically licensed for such transport. These licenses must be renewed continuously throughout each year. A roofing contractor transporting propane tanks must also have extra auto insurance coverage if transporting propane. n