Talkin’ Code with Andrew Getty

Yes, real-cut Christmas trees are prohibited in public places, BUT…

Christmas Tree Issues

This is that time of year when trees and decorations in any place of public assembly are everywhere. We have become so accustomed to this that fire safety is often just not considered.

However, recently, this office received a concern regarding a beautifully decorated tree in an area of public assembly.

It was assumed that “live” or “real” trees were prohibited in such a place.

Generally this is true.

Real cut trees are prohibited in assembly areas which include, restaurants, schools, institutions, mercantile [retail stores] and multiple family dwellings UNLESS the structure is protected with an approved and proper type of sprinkler system.

Therefore, as much as the expressed concern is reasonable, as long as the building is properly sprinklered, the real tree is fine.

Below, for your reading pleasure, straight out of the Fire Code of New York, is the section that addresses the use of trees and other decorations in buildings throughout New York State.

SECTION 806 – DECORATIVE VEGETATION IN NEW AND EXISTING BUILDINGS

806.1 Natural cut trees. Natural cut trees, where allowed by this section, shall have the trunk bottoms cut off at least 0.5 inch (12.7 mm) above the original cut and shall be placed in a support device complying with Section 806.1.2.

806.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group A, E, I, M, R-1, R-2 and R-4 occupancies.

Exceptions:

1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2.

2. Trees shall be allowed within dwelling units in Group R-2 occupancies.

3. In places of public assembly as defined in Article 1 of the Labor Law, natural cut trees shall be permitted without the installation of an approved automatic sprinkler system, as provided in Title 12 NYCRR Part 36, Section 36-2.9(a4).

806.1.2 Support devices. The support device that holds the tree in an upright position shall be of a type that is stable and that meets all of the following criteria:

1. The device shall hold the tree securely and be of adequate size to avoid tipping over of the tree.

2. The device shall be capable of containing a minimum two-day supply of water.

3. The water level, when full, shall cover the tree stem at least 2 inches (51 mm). The water level shall be maintained above the fresh cut and checked at least once daily.

806.1.3 Dryness. The tree shall be removed from the building whenever the needles or leaves fall off readily when a tree branch is shaken or if the needles are brittle and break when bent between the thumb and index finger. The tree shall be checked daily for dryness.

806.2 Artificial vegetation. Artificial decorative vegetation shall meet the flame propagation performance criteria of NFPA 701. Meeting the flame propagation performance criteria of NFPA 701 shall be documented and certified by the manufacturer in an approved manner.

806.3 Obstruction of means of egress. The required width of any portion of a means of egress shall not be obstructed by decorative vegetation.

806.4 Open flame. Candles and open flames shall not be used on or near decorative vegetation.

Natural cut trees shall be kept a distance from heat vents and any open flame or heat-producing devices at least equal to the height of the tree.

806.5 Electrical fixtures and wiring. The use of unlisted electrical wiring and lighting on natural cut trees and artificial decorative vegetation shall be prohibited.

The use of electrical wiring and lighting on artificial trees constructed entirely of metal shall be prohibited.

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