N.Y.C. Admin. Code § BC 414: Section BC 414: Hazardous Materials

414.1 General.

The provisions of Sections 414.1 through 414.6 shall apply to buildings and structures occupied for the manufacturing, processing, dispensing, use or storage of hazardous materials.

414.1.1 Other provisions.

Buildings and structures with an occupancy in Group H shall comply with this section and the applicable provisions of the New York City Fire Code and Section 415 of this code, including, but not limited to, location, installation and mechanical provisions.

414.1.2 Materials.

The safe design of hazardous material occupancies is material dependent. Individual material requirements are also found in the New York City Mechanical Code, the New York City Fire Code, and Sections 307 and 415 of this code.

414.1.2.1 Aerosols.

Level 2 and 3 aerosol products shall be stored and displayed in accordance with the New York City Fire Code. See the New York City Fire Code and Section 311.2 of this code for occupancy group requirements.

414.1.3 Information required.

A report shall be submitted to the Fire Department identifying the maximum expected quantities of hazardous materials to be stored, used in a closed system and used in an open system, and subdivided to separately address hazardous material classification categories based on Tables 307.1(1) and 307.1(2). The methods of protection from such hazards, including but not limited to control areas, fire protection systems and Group H occupancies shall be indicated in the report and on the construction documents. The opinion and report shall be prepared by a qualified person, firm or corporation approved by the Fire Commissioner and provided without charge to the Fire Department.

For buildings and structures with an occupancy in Group H, separate floor plans shall be submitted identifying the locations of anticipated contents and processes so as to reflect the nature of each occupied portion of every building and structure.

414.2 Control areas.

Control areas shall comply with the New York City Fire Code and Sections 414.2.1 through 414.2.5 of this code.

414.2.1 Construction requirements.

Control areas shall be separated from each other by fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both.

414.2.2 Percentage of maximum allowable quantities.

The percentage of maximum allowable quantities of hazardous materials per control area permitted at each floor level within a building shall be in accordance with Table 414.2.2.

Table 414.2.2 Design and Number of Control Areas

Floor Level 

Percentage of the Maximum Allowable Quantity Per Control Area

a

Number of Control Areas Per Floor

b

Fire-Resistance Rating for Fire Barriers in Hours

b

Above grade

Higher than 9 7-9 6 5 4 3 2 1

5 5 12.5 12.5 12.5 50 75 100

1 2 2 2 2 2 3 4

2 2 2 2 2 1 1 1

Below grade

1 2 Lower than 2

75 50 Not Allowed

3 2 Not Allowed

1 1 Not Allowed

a. Percentages shall be of the maximum allowable quantity per control area shown in Tables 307.1(1) and 307.1(2), with all increases allowed in the notes to those tables.

b. Separation shall include fire barriers and horizontal assemblies as necessary to provide separation from other portions of the building.

414.2.3 Number.

The maximum number of control areas within a building shall be in accordance with Table 414.2.2.

414.2.4 Fire-resistance-rating requirements.

The required fire-resistance rating for fire barriers shall be in accordance with Table 414.2.2. The floor assembly of the control area and the construction supporting the floor of the control area shall have a fire-resistance rating of not less than 2 hours.

Exception: The floor assembly of the control area and the construction supporting the floor of the control area are allowed to be 1-hour fire-resistance rated in buildings of Types IIA, IIIA and VA construction, provided that both of the following conditions exist:

1. The building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1; and

2. The building is three or fewer stories above grade plane.

414.2.5 Hazardous material in Group M display and storage areas and in Group S storage areas.

The aggregate quantity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials permitted within a single control area of a Group M display and storage area, a Group S storage area or an outdoor control area is permitted to exceed the maximum allowable quantities per control area specified in Tables 307.1(1) and 307.1(2) without classifying the building or use as a Group H occupancy, provided that the materials are displayed and stored in accordance with the New York City Fire Code and quantities do not exceed the maximum allowable specified in Table 414.2.5(1) of this code.

In Group M occupancy wholesale and retail sales uses, indoor storage of flammable and combustible liquids shall not exceed the maximum allowable quantities per control area as indicated in Table 414.2.5(2) of this code, provided that the materials are displayed and stored in accordance with the New York City Fire Code.

The maximum quantity of aerosol products in Group M occupancy retail display areas, storage areas adjacent to retail display areas and retail storage areas shall be in accordance with the New York City Fire Code.

414.2.5.1 Below-grade storage of flammable or combustible mixtures accessory to Group M establishments.

Class I liquids shall not be stored in below-grade locations. Storage of Class II and Class III liquids, accessory to retail stores, and partly or completely below grade shall be permitted, provided that such below-grade area is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and enclosed by fire barriers having a fire-resistance rating of at least 2 hours, constructed in accordance with the construction type of the building. Openings shall be protected by self-closing assemblies having a fire-resistance rating of at least 1 1/2 hours.

Exception: Class IIIB liquids may be stored in below-grade locations that are not provided throughout with an automatic sprinkler system when such liquids are stored in a room that is separated, vertically and horizontally, from surrounding spaces by fire barriers of not less than 2-hour fire-resistance rating and such room is provided with an automatic sprinkler system.

Table 414.2.5(1) Maximum Allowable Quantity per Indoor and Outdoor Control Area in Group M and S Occupancies Nonflammable Solids and Nonflammable and Noncombustible Liquids

d, e, f

Condition

Maximum Allowable Quantity per Control Area

Material

a

Class

Solids pounds

Liquids gallons

A. Health-hazard materials – nonflammable and noncombustible solids and liquids

1. Corrosives

b, c

Not Applicable

9,750

975

2. Highly toxics

Not Applicable

20

b, c

2

b, c

3. Toxics

b, c

Not Applicable

1,000

100

B. Physical-hazard materials – nonflammable and noncombustible solids and liquids

1. Oxidizers

b, c

4

Not Allowed

Not Allowed

3

1,150

g

115

2

2,250

h

225

1

18,000

i, j

1,800

i, j

2. Unstable (reactives)

b, c

4

Not Allowed

Not Allowed

3

550

55

2

1,150

115

1

Not Limited

Not Limited

3. Water reactives

3

b, c

550

55

2

b, c

1,150

115

1

Not Limited

Not Limited

For SI: 1 pound = 0.454 kg, 1 gallon = 3.785 L.

a. Hazard categories are as specified in the New York City Fire Code

.

b. Maximum allowable quantities shall be increased 100 percent in buildings that are sprinklered in accordance with Section 903.3.1.1. When Note c also applies, the increase for both notes shall be applied accumulatively.

c. Maximum allowable quantities shall be increased 100 percent when stored in approved storage cabinets, in accordance with the

New York City Fire Code

. When Note b also applies, the increase for both notes shall be applied accumulatively.

d. See Table 414.2.2 for design and number of control areas.

e. Allowable quantities for other hazardous material categories shall be in accordance with Section 307.

f. Maximum quantities shall be increased 100 percent in outdoor control areas.

g. Maximum amounts shall be increased to 2,250 pounds when individual packages are in the original sealed containers from the manufacturer or packager and do not exceed 10 pounds each.

h. Maximum amounts shall be increased to 4,500 pounds when individual packages are in the original sealed containers from the manufacturer or packager and do not exceed 10 pounds each.

i. The permitted quantities shall not be limited in a building equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

j. Quantities are unlimited in an outdoor control area.

Table 414.2.5(2) Maximum Allowable Quantity of Flammable and Combustible Liquids in Wholesale and Retail Sales Occupancies per Control Area

a

Type of Liquid

Maximum Allowable Quantity per Control Area (gallons)

Sprinklered in accordance with note b densities and arrangements

Sprinklered in accordance with Tables 5704.3.6.3(4) through 5704.3.6.3(8) and Table 5704.3.7.5.1 of the

New York City Fire Code

Nonsprinklered

Class IA

60

60

30

Class IB, IC, II and IIIA

7,500

c

15,000

c

1,600

Class IIIB

Unlimited

Unlimited

13,200

For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m

2

, 1 gallon = 3.785 L, 1 gallon per minute per square foot = 40.75 L/min/m

2

.

a. Control areas shall be separated from each other by not less than a 1-hour fire barrier wall.

b. To be considered as sprinklered, a building shall be equipped throughout with an approved automatic sprinkler system with a design providing minimum densities as follows:

1. For uncartoned commodities on shelves 6 feet or less in height where the ceiling height does not exceed 18 feet, quantities are those permitted with a minimum sprinkler design density of Ordinary Hazard Group 2.

2. For cartoned, palletized or racked commodities where storage is 4 feet 6 inches or less in height and where the ceiling height does not exceed 18 feet, quantities are those permitted with a minimum sprinkler design density of 0.21 gallon per minute per square foot over the most remote 1,500-square-foot area.

c. Where wholesale and retail sales or storage areas exceed 50,000 square feet in area, the maximum allowable quantities are allowed to be increased by 2 percent for each 1,000 square feet of area in excess of 50,000 square feet, up to a maximum of 100 percent of the table amounts. A control area separation is not required. The cumulative amounts, including amounts attained by having an additional control area, shall not exceed 30,000 gallons.

414.3 Ventilation.

Rooms, areas or spaces in which explosive, corrosive, combustible, flammable or highly toxic dusts, mists, fumes, vapors or gases are or may be emitted due to the processing, use, handling or storage of materials shall be mechanically ventilated where required by the New York City Fire Code or the New York City Mechanical Code.

Emissions generated at workstations shall be confined to the area in which they are generated as specified in the New York City Fire Code and the New York City Mechanical Code.

414.4 Hazardous material systems.

Systems involving hazardous materials shall be suitable for the intended application. Controls shall be designed to prevent materials from entering or leaving process or reaction systems at other than the intended time, rate or path. Automatic controls, where provided, shall be designed to be fail safe.

414.5 Inside storage, dispensing and use.

The inside storage, dispensing and use of hazardous materials shall be in accordance with the New York City Fire Code and Sections 414.5.1 through 414.5.4 of this code.

414.5.1 Explosion control.

Explosion control shall be provided in accordance with the New York City Fire Code as required by Table 414.5.1 where quantities of hazardous materials specified in that table exceed the maximum allowable quantities in Table 307.1(1) or where a structure, room or space is occupied for purposes involving explosion hazards as required by the New York City Fire Code or Section 415 of this code.

Table 414.5.1 Explosion Control Requirements

a, h

Material

Class

Explosion Control Methods

Barricade construction

Explosion (deflagration) venting or explosion (deflagration) prevention systems

b

Hazard Category 

Combustible dusts

c

–

Not Required

Required

Cryogenic flammables

–

Not Required

Required

Explosives

Division 1.1 Division 1.2 Division 1.3 Division 1.4 Division 1.5 Division 1.6

Required Required Not Required Not Required Required Required

Not Required Not Required Required Required Not Required Not Required

Flammable gas

Gaseous Liquefied

Not Required Not Required

Required Required

Flammable liquid

IA

d

IB

e

Not Required Not Required

Required Required

Organic peroxides

g

U I

Required Required

Not Permitted Not Permitted

Oxidizer liquids and solids

4

Required

Not Permitted

Pyrophoric gas

g

–

Not Required

Required

Unstable (reactive)

g

4 3 Detonable 3 Nondetonable

Required Required Not Required

Not Permitted Not Permitted Required

Water-reactive liquids and solids

3 2

g

Not Required Not Required

Required Required

Special Uses 

Grain processing

–

Not Required

Required

Where explosion hazards exist

f

Detonation Deflagration

Required Not Required

Not Permitted Required

a. See Section 414.1.3.

b. See the New York City Fire Code.

c. As generated during manufacturing or processing.

d. Storage or use.

e. In open use or dispensing.

f. Rooms containing dispensing and use of hazardous materials when an explosive environment can occur because of the characteristics or nature of the hazardous materials or as a result of the dispensing or use process.

g. A method of explosion control shall be provided when Class 2 water-reactive materials can form potentially explosive mixtures.

h. Explosion venting is not required for Group H-5 fabrication areas complying with the New York City Fire Code and Section 415.11.1 of this code.

414.5.2 Emergency or standby power.

Where required by the New York City Fire Code or this code, mechanical ventilation, treatment systems, temperature control, alarm, detection or other electrically operated systems shall be provided with emergency or standby power in accordance with Section 2702 of this code. For storage and use areas for highly toxic or toxic materials, see the New York City Fire Code.

414.5.2.1 Exempt applications.

Emergency or standby power is not required for the mechanical ventilation systems provided for any of the following:

1. Storage of Class IB and IC flammable and combustible liquids in closed containers not exceeding 6.5 gallons (25 L) capacity.

2. Storage of Class 1 and 2 oxidizers.

3. Storage of Class II, III, IV and V organic peroxides.

4. Storage of asphyxiant, irritant and radioactive gases.

414.5.2.2 Fail-safe engineered systems.

Standby power for mechanical ventilation, treatment systems and temperature control systems shall not be required where an approved fail-safe engineered system is installed.

414.5.3 Spill control, drainage and containment.

Rooms, buildings or areas occupied for the storage of solid and liquid hazardous materials shall be provided with a means to control spillage and to contain or drain off spillage and fire protection water discharged in the storage area where required in the New York City Fire Code. The methods of spill control shall be in accordance with the New York City Fire Code.

414.5.4 Storage of medical gases.

When required by the New York City Fire Code, a one-hour room shall be provided for the storage of medical gases inside of buildings, with the protected openings and ventilation provisions as required by the New York City Fire Code.

414.6 Outdoor storage, dispensing and use.

The outdoor storage, dispensing and use of hazardous materials shall be in accordance with the New York City Fire Code.

414.6.1 Weather protection.

Where weather protection is provided for sheltering outdoor hazardous material storage or use areas, such areas shall be considered outdoor storage or use when the weather protection structure complies with Sections 414.6.1.1 through 414.6.1.3.

414.6.1.1 Walls.

Walls shall not obstruct more than one side of the structure.

Exception: Walls shall be permitted to obstruct portions of multiple sides of the structure, provided that the obstructed area is not greater than 25 percent of the structure's perimeter.

414.6.1.2 Separation distance.

The distance from the structure to buildings, lot lines, public ways or means of egress to a public way shall be not less than the distance required for an outside hazardous material storage or use area without weather protection.

414.6.1.3 Noncombustible construction.

The overhead structure shall be of approved noncombustible construction with a maximum area of 1,500 square feet (140 m

2

).

Exception: The maximum area is permitted to be increased as provided by Section 506.