N.Y.C. Admin. Code § FC 105: Section FC 105: Permits and Other Approvals

105.1 General.

Permits and other approvals shall be required as set forth in FC 105.

105.1.1 Permits required.

It shall be unlawful to manufacture, store, handle, use, sell or transport a hazardous material or combustible material, or to conduct an operation or to maintain a facility for which a permit is required pursuant to the provisions of this code, without such permit. Permits required by this code shall be obtained from the commissioner. Permit and other applicable fees shall be paid prior to issuance of the permit.

105.1.2 Types of permits.

There shall be two types of permits as follows:

1.

Site-specific permit. Such permit authorizes the permit holder to manufacture, store, handle, use or sell hazardous materials or combustible materials, or conduct an operation or maintain a facility at a specific premises or location, for which a permit is required by FC 105.6.

2.

Citywide permit. Such permit authorizes the permit holder to store, handle, use, or sell hazardous materials, or conduct an operation on a citywide basis, for which a permit is required by FC 105.6. A citywide permit is valid to temporarily store, handle, use or sell hazardous materials or to conduct an operation at one or more locations subject to the following restrictions:

2.1. The duration of such activity at any individual location does not exceed 30 calendar days and all hazardous materials associated with such activity are removed from the location at the end of the workday. Periods of activity in excess of 30 calendar days at any one location shall require a site-specific permit.

2.2. The quantity of hazardous materials being temporarily stored and used does not exceed 5 gallons (19 L) of gasoline, or 250 gallons (946 L) of any other flammable liquid, and 300 gallons (1136 L) of any combustible liquid. Storage or use of hazardous materials in quantities exceeding these amounts requires a site-specific permit for each location at which such storage or use occurs.

2.3. Any vehicle used to transport a hazardous material and/or equipment for an operation requiring a citywide permit is subject to inspection by the department.

105.1.3 Permits for the same premises or location.

When more than one permit is required for the same premises or other location or portion thereof, the commissioner may consolidate such permits into a single permit; provided that each type of hazardous material, operation or facility is listed in the permit, and provided further that the total fees payable for such single permit shall be determined by adding the fees for the permits consolidated into the single permit.

105.1.4 Reserved.

105.1.5 Insurance.

The commissioner may require applicants for permits or other approvals to obtain and furnish proof of general liability insurance, in such amounts and in accordance with such requirements as may be set forth in this code or the rules, otherwise required by law, or required as a condition of the permit or other approval. The permit or other approval shall expire by operation of law if any such required insurance lapses, expires or is cancelled during the term of the permit or other approval.

105.2 Permit application.

Application for a permit required by this code shall be made to the commissioner in such form and detail as the commissioner may prescribe. Applications for permits shall be accompanied by design and installation documents and/or such other information or documentation as may be prescribed by this code, the rules or the department. Applications for permits relating to the storage, handling, use or transportation of high explosives shall be accompanied by proof of United States citizenship.

105.2.1 Reserved.

105.2.2 Inspection of premises and installations.

Before a permit or other approval is issued, the commissioner may inspect the building, structure, facility, premises, marine vessel, watercraft or vehicle to confirm the facts set forth in the application, determine compliance with the requirements of this code, the rules and other applicable laws, rules or regulations enforced by the commissioner, or to evaluate whether any restrictions should be imposed as a condition of the permit or other approval. The department may require the applicant to arrange any such inspection, and require the applicant to attend such inspection with his or her design professionals, contractor or other appropriate representatives. When a department inspection is required upon completion of an installation or other work or requested by the department, the applicant shall notify the department upon completion of such work and request such inspection, arrange for the presence of the appropriate representatives at such inspection, correct any deficiencies identified during such inspection, and keep the installation or other work accessible for department inspection until department approval is obtained.

105.2.3 Time limitation on application.

An application for a permit or other approval shall be deemed to have been abandoned 180 calendar days after the date of filing, unless such application has been diligently prosecuted or a permit or other approval shall have been issued; except that the commissioner may grant one or more extensions of time for additional periods not exceeding 90 calendar days each if there is reasonable cause.

105.2.4 Action on application.

Completed permit applications for the manufacture, storage, handling, use, transportation or sale of flammable or combustible liquids, combustible materials or hazardous materials or an operation or facility that comply with the requirements of this code and other applicable laws, rules and regulations shall be approved by the commissioner no later than 40 calendar days after the submission thereof, except that on or before the fortieth day, the commissioner may, for good cause, extend such time for an additional 40 calendar days. Permit applications that do not comply with the requirements of this code and other applicable laws, rules and regulations shall be denied or preliminarily denied no later than 40 calendar days from the submission thereof and written notice of such denial or preliminary denial, stating the grounds therefor, shall be promptly given to the applicant. When a permit application has been denied or preliminarily denied and is thereafter revised and resubmitted to meet the stated grounds for denial, the revised completed application shall be approved or denied or preliminarily denied in accordance with the foregoing procedures and time periods.

105.3 Authority granted by permit or other approval.

A permit or other approval shall constitute permission to manufacture, store, handle, use, sell or transport hazardous materials or combustible materials, conduct an operation, or maintain a facility, as applicable, in accordance with this code and the rules where a permit is required by FC 105.6. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this code, the rules or other applicable laws, rules or regulations.

105.3.1 Permit issuance and renewal.

Every permit or renewal thereof granted by the commissioner shall be for a period specified therein, not to exceed 2 years, or as set forth in FC 105.6, and shall expire at the end of such period unless the commissioner approves its renewal. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.

105.3.2 Reserved.

105.3.3 Reserved.

105.3.4 Reserved.

105.3.5 Posting the permit.

Permits shall be posted in a conspicuous location on the premises designated therein at all times and shall be readily available for inspection by any representative of the department.

105.3.6 Compliance with the requirements of the code.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other law, rule or regulation. Permits purporting to authorize any such violation shall not be valid. The department's approval of design and installation documents or other submission, in connection with or independent of a permit application, shall not prevent the department from requiring the correction of errors in such documents or other submission. Any addition to, or alteration of, approved design and installation documents shall be approved in advance by the department.

105.3.7 Reserved.

105.3.8 Hazardous industries.

Except as otherwise provided in this code, no person shall engage in a hazardous industry, trade, occupation, activity or operation requiring the manufacture, storage, handling, sale, use or transportation of hazardous materials or combustible materials without a permit, issued upon such conditions as the commissioner deems necessary in the interest of public safety.

105.3.9 Compliance with the requirements of the construction codes and Electrical Code.

The commissioner may require that the applicant for a permit or renewal thereof demonstrate, by submission of a certificate of occupancy or other authorization or approval issued by the Department of Buildings, that the building, structure or premises or portion thereof used for the manufacture, storage, handling or use of flammable or combustible liquids, combustible materials or hazardous materials, and all operations or facilities subject to this code, are designed, constructed and occupied in accordance with the certificate of occupancy, the construction codes and the Electrical Code.

105.3.9.1 Department of Buildings required approval.

No permit shall be issued when work requires the approval of the Commissioner of Buildings in connection with a material, operation or facility unless proof is submitted to the department that such work has been approved by the Commissioner of Buildings.

105.4 Design and installation documents.

Design and installation documents required to be submitted to the department pursuant to the provisions of this code, the rules or the construction codes, including but not limited to those set forth below, or as directed by the commissioner to demonstrate or document that a device, equipment, system, operation or facility regulated by this code is designed and installed in accordance with this code, shall be submitted in accordance with this section. Such submissions shall be reviewed by the department for compliance with the requirements of this code, the rules and other applicable laws, rules and regulations enforced by the department. The time limitations for approval of design and installation documents and for deeming such submissions abandoned shall be as set forth in FC 105.2.3 and 105.2.4.

Aerosol products storage facilities:

1. General purpose warehouses (FC 2804 FC 5104).

2. Aerosol warehouses (FC 2804 FC 5104).

3. Liquid storage rooms (FC 2804 FC 5104).

4. Liquid warehouses (FC 2804 FC 5104).

5. Outdoor storage (FC 2805 FC 5105).

6. Retail display (FC 2806 FC 5106).

Aircraft fueling systems (FC 2006).

Ammonia diffusion systems for refrigerating systems using ammonia refrigerant (FC 606).

Automated Parking Garage (FC 611).

Auxiliary radio communication (ARC) systems, fire department in-building (FC 510).

Cellulose nitrate film storage facilities (FC 306).

Combustible fibers storage facilities:

1. Loose fiber storage (FC 3704).

2. Baled fiber storage (FC 3705).

Combustible material storage (FC 315).

Commercial cooking system fire extinguishing systems (FC 904).

Corrosive materials systems and facilities:

1. Storage (FC 5404).

2. Handling and use (FC 5405).

Cryogenic fluids systems and facilities:

1. Storage (FC 5503 and 5504).

2. Handling and use (FC 5503 and 5505).

3. Liquefied natural gas facilities (FC 5506).

Distilleries (FC 4004 and 4005).

Dry cleaning systems using Class II and III solvents (FC 2107).

Emergency alarms (FC 908):

1. Flammable alcohol vapor (FC 4003).

2. Gaseous hydrogen (FC 5808).

3. Hazardous materials (FC 5004 and 5005).

4. Lighter-than-air motor fuels (FC 2308, 2309 and 2311).

5. Medical gases (FC 5306).

6. Flammable gases distribution piping operating above 15 psig (FC Table 908.1).

7. Ozone gas (FC 6005).

8. Refrigerants (FC 606).

9. Toxic/highly toxic materials (FC 6004).

Energy storage systems, stationary (FC 608.6).

Explosion control systems for certain hazardous materials and special uses (FC 911).

Explosion (dust) protection systems for combustible metals, metal powders, metal dusts and sulfur (FC 2204).

Explosives (FC 5604).

Facilities in which a fumigant or insecticidal fogger are designed to be used in a stationary installation (FC 2603).

Fire alarm systems and fire command centers (FC 907 and Sections 403, 907 and 911 of the Building Code).

Fire apparatus access roads and security gates installed across such roads (FC 503).

Fire extinguishing systems (sprinkler systems listed separately):

1. Aerosol (FC 904).

2. Carbon dioxide (FC 904).

3. Clean agent (FC 904).

4. Dry chemical (FC 904).

5. Foam (FC 904).

6. Halon (modification of lawfully existing installations) (FC 904).

7. Water mist (FC 904).

8. Wet chemical (FC 904).

Fixed guideway transit and passenger rail systems (FC 321):

1. Emergency ventilation systems.

2. Emergency voice communication systems.

3. Means of egress.

4. Standpipe systems and other fire protection systems.

Flammable and combustible liquid systems and facilities:

1. Piping, equipment, tanks, plants, terminals, fuel-dispensing facilities and similar facilities where flammable and combustible liquids are manufactured, stored, handled or used, including dispensing (FC 5704).

2. Group M occupancy wholesale and retail sales uses (FC 5704).

3. Liquid storage rooms (FC 5704).

4. Liquid storage warehouses (FC 5704).

5. Outdoor storage (FC 5704).

6. Bulk plants and terminals (FC 5706).

Flammable gas systems and facilities:

1. Storage (FC 5804).

2. Handling and use (FC 5805).

3. CNG storage in portable containers (FC 5811).

4. Methane gas recovery from landfills (FC 5809).

5. Compressing of a flammable gas, including piped natural gas, to a pressure exceeding 6 psig (41.4 kPa) (FC Chapter 58).

6. Hydrogen fuel gas rooms (FC 5808).

Flammable solid systems and facilities:

1. Storage (FC 5904).

2. Handling and use (FC 5905).

Flammable/combustible spraying, dipping or powder-coating systems and facilities:

1. Spray booths (spray finishing) (FC 2404).

2. Spray rooms (spray finishing) (FC 2404).

3. Dip tanks (FC 2405).

4. Spray booths (powder coating) (FC 2406).

5. Spray rooms (powder coating) (FC 2406).

6. Limited spraying space (FC 2404).

Flaring systems for refrigerating systems using flammable or toxic or highly toxic refrigerants (FC 606).

Hazardous materials systems and facilities (FC 5003, 5004 and 5005) (applicable to compressed gases, corrosive materials, cryogenic fluids, explosives, flammable and combustible liquids, flammable gases, flammable solids, highly toxic and toxic materials, LPG, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials and water-reactive solids and liquids):

1. Tanks (FC 5003).

2. Piping, tubing, valves and fittings (FC 5003).

3. Highly toxic and toxic compressed gas rooms (FC 5003).

Highly toxic and toxic materials systems and facilities:

1. Storage, handling and use of highly toxic and toxic solids and liquids (FC 6003).

2. Storage, handling and use of highly toxic and toxic compressed gases (FC 6004).

3. Ozone gas generators (FC 6005).

High-piled combustible storage areas (FC 3201).

Industrial furnaces (FC 3001).

LPG (FC 6101).

Marina fire protection systems (FC 3605).

Medical gases:

1. Storage and piping systems (FC 5306).

Motor fuel dispensing facilities and repair garages (FC 2301):

1. Fleet motor fuel-dispensing facilities.

2. Full-service motor fuel-dispensing facilities.

3. Self-service motor fuel-dispensing facilities.

4. Repair garages for vehicles fueled by lighter-than-air motor fuels.

Natural gas distribution piping systems designed for or operated at 15 psig (103 kPa gauge) or greater (Fuel Gas Code).

Nonflammable compressed gases systems and facilities (FC 5303).

Organic coating manufacturing process facilities (FC 2905).

Organic peroxides storage and facilities:

1. Storage (FC 6204).

2. Handling and use (FC 6205).

Oxidizer systems and facilities:

1. Storage (FC 6304).

2. Handling and use (FC 6305).

Oxygen-fuel gas systems (FC 3501 and 3509).

Private fire hydrant systems (FC 507).

Pyrophoric materials systems and facilities:

1. Storage (FC 6404).

2. Handling and use (FC 6405).

3. Storage, handling and use of silane gas (FC 6404 and 6405).

Pyroxylin plastics systems and facilities (FC 6504).

Roof access (altered roofs) (FC 504.4 and 504.5)

Semiconductor fabrication facilities:

1. Facilities (FC 2703).

2. Fabrication areas (FC 2703).

3. Hazardous production material (HPM) rooms (FC 2703).

Sprinkler systems where the design requirements are specified in this code (FC 2309, 3206, 3207, 3208, 3209, 3210, 5104, 5106 and 5704).

Treatment systems for refrigerating systems using toxic or highly toxic refrigerants (FC 606).

Unstable (reactive) materials systems and facilities:

1. Storage (FC 6604).

2. Handling and use (FC 6605).

Vehicle tunnels and bridges (FC 322):

1. Emergency ventilation systems.

2. Emergency voice communication systems.

3. Means of egress.

4. Standpipe systems and other fire protection systems.

Water-reactive solids and liquids systems and facilities:

1. Storage (FC 6704).

2. Handling and use (FC 6705).

Yard hydrant systems (FC 507.2.3 and 5706.4.10.5).

105.4.1 Submissions.

Design and installation documents shall be submitted in such number and in such form and detail as may be prescribed by the commissioner. The design and installation documents shall be prepared by a registered design professional. The commissioner may require that such submissions be made in an approved electronic format or medium or online application.

Exception: Design and installation documents for pre-engineered fire extinguishing systems for commercial cooking systems may be prepared by a licensed master fire suppression piping contractor.

105.4.2 Information on design and installation documents.

Design and installation documents shall be drawn to scale. Design and installation documents shall indicate the location, nature and extent of the work proposed and demonstrate compliance with the requirements of this code, the rules and other applicable laws, rules and regulations.

105.4.3 Approved documents required.

When department review of design and installation documents is required by this code or other laws, rules or regulations, it shall be unlawful to construct or alter any facility, or install, alter or remove any device, equipment or system, without first having obtained department approval of the design and installation documents

.

105.4.4 Approved documents.

The department shall approve, or deny, or preliminarily deny design and installation documents in accordance with the procedures and time periods set forth in FC 105.2.4. Department approval of design and installation documents may be made subject to the requirements of the Building Code and other applicable laws, rules and regulations, and shall be documented and effective as set forth in this section.

105.4.4.1 Terms of approval.

The department may make its approval of design and installation documents subject to such terms and conditions as the department may prescribe by rule or specify as part of the approval. Department approval of design and installation documents for fire alarm systems, fire extinguishing systems, and/or other devices, equipment, systems or facilities that do not require a Department of Buildings work permit, may incorporate by reference terms and conditions of the construction codes relating to work permits and licensing, including those in Articles 105 and 106 of Chapter 1 and Article 410 of Chapter 4 of Title 28 of the Administrative Code.

(L.L. 2018/195, 12/1/2018, eff. 5/30/2019)

105.4.4.2 Method of approval.

Upon approval of design and installation documents, the department shall mark such approval upon such documents and/or issue a letter of acceptance or other form of written authorization.

(L.L. 2018/195, 12/1/2018, eff. 5/30/2019)

105.4.4.3 Limitations of approval.

Department approval of design and installation documents is limited to the laws, rules and regulations enforced by the department and for which approval has been sought. Department approval shall not relieve the applicant of the responsibility of compliance with the requirements of this code, the rules and any other applicable laws, rules or regulations.

(L.L. 2018/195, 12/1/2018, eff. 5/30/2019)

105.4.4.4 Authorization to perform work.

Department approval of design and installation documents authorizes performance of the work encompassed by the approval, subject to all other applicable laws, rules or regulations, including, when applicable, the requirement to obtain a work permit from the Department of Buildings, provided, however, that where department approval of design and installation documents is for devices, equipment, systems or facilities that do not require a Department of Buildings work permit, commencement of the work may be made contingent on department issuance of a project authorization following submission of contractor licensing information and such other information and documentation as may be required in accordance with FC 105.4.4.1.

(L.L. 2018/195, 12/1/2018, eff. 5/30/2019)

105.4.5 Inspection and testing.

The commissioner may require that, upon completion, any installation for which approved design and installation documents are required by this code or the rules be inspected and/or subjected to acceptance testing in the presence of a department representative.

105.4.6 Corrected documents.

Where field conditions necessitate any change from the approved design and installation documents, corrected design and installation documents or other documentation acceptable to the department shall be submitted.

105.4.7 Retention of design and installation documents.

One set of approved design and installation documents shall be retained by the commissioner. Approved design and installation documents, with the department stamp and/or other indicia of approval, shall be returned to the applicant, and shall be kept on the site of the building or structure or at the work site at all times and readily available for inspection by any representative of the department until the installation or other work has been inspected and/or approved by the department.

105.5 Revocation.

The commissioner may revoke a permit issued under the provisions of this code when:

1. the permit is used for a location or establishment other than that for which it was issued.

2. the permit is used for a purpose or operation other than that listed in the permit.

3. conditions and limitations set forth in the permit have been violated.

4. there has been a false statement or misrepresentation material to the issuance of the permit.

5. the party engaging in the manufacture, storage, handling, use, sale or transportation of hazardous materials or combustible materials, or conducting an operation or maintaining a facility is different from the party to whom the permit was issued.

6. the permit holder fails, refuses or neglects to timely comply with the commissioner's orders or notices of violation duly served in accordance with this code, or other law, rule or regulation enforced by the department.

7. the permit was issued in error or in violation of this code or other applicable law, rule or regulation.

8. circumstances or conditions material to the issuance of the permit applied for have changed.

9. other good cause exists.

105.6 Required permits.

The commissioner shall issue the following permits for the manufacture, storage, handling, use, transportation and sale of the following materials, the conduct of the following operations, and the design, installation, operation and maintenance of the following facilities in accordance with this code and the construction codes, including the Building Code:

Aerosol products. A permit is required to store, handle or use an aggregate quantity of Level 1, 2 or 3 aerosol products in excess of 100 pounds (45.4 kg) net weight.

Alcohol-based hand rubs. The storage, handling and use of alcohol-based hand rubs is subject to the following permit requirements:

1. A permit is required to store, handle or use flammable or combustible alcohol-based hand rubs on a premises, for use on the premises, in quantities exceeding 275 gallons (1041 L), when stored, handled or used in a portable container designed for consumer use, with a capacity not exceeding 68 fluid ounces (2.01 L), that does not require handling of the contents, including disposable wall-mounted and table-top dispensers and wall-mounted dispensers using sealed refills.

2. A flammable liquids permit or combustible liquids permit, as applicable, is required to store, handle or use flammable or combustible alcohol-based hand rubs in any tank, intermediate bulk container or stationary installation; portable container with a capacity exceeding 68 fluid ounces (2.01 L); or portable container of any size that requires handling of the contents prior to use for hand sanitizing purposes, including any pouring, pumping or other transfer of the contents to a dispenser.

Amusement buildings. A permit is required to establish and operate a special amusement building.

Asphalt melter. A permit is required to store, handle or use an asphalt melter.

Automotive salvage and wrecking facilities. A permit is required to establish and operate an automotive salvage and wrecking facility.

Auxiliary radio communication (ARC) systems. A permit is required to establish and operate a fire department in-building auxiliary radio communication system.

Aviation operations. A permit is required for the following aviation operations:

1. To operate or maintain an aircraft-fueling vehicle.

2. To operate or maintain an aircraft-fueling system.

3. To conduct a helicopter landing at other than an approved heliport, helistop or airport.

4. To conduct a helicopter lift operation.

5. To conduct a hot air balloon operation.

Cellulose nitrate film. A permit is required to store, handle or use cellulose nitrate film in the following quantities:

1. Any quantity in a Group A occupancy.

2. Quantities of 10 pounds (4.54 kg) or more in other than a Group A occupancy.

Coke-fueled salamanders. A permit is required to store, handle or use coke-fueled salamanders at a construction site.

Combustible dust-producing operations. A permit is required to establish and operate any facility that generates combustible dust, including grain handling, milling and storage, powder coating, printing, and woodworking operations.

Combustible fibers. A permit is required to store or handle combustible fibers in quantities exceeding 100 cubic feet (2.8 m

3

).

Exception: A permit is not required for agricultural storage.

Combustible liquids. See "Flammable and combustible liquids."

Combustible material storage. A permit is required to store in any building, structure, premises or facility more than 2,000 cubic feet (56.6 m

3

) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber (excluding tires), cork or similar combustible material, including combustible waste, or more than 1,000 pounds (454 kg) of flammable plastic foam products, regardless of volume.

Exceptions:

1. A permit is not required for such storage in buildings or structures protected throughout by a sprinkler system.

2. A permit is not required if the storage is kept exclusively in a dedicated area of a building or structure which is protected throughout by a sprinkler system and separated from the rest of the building or structure by 2-hour fire-resistance-rated construction.

Commercial kitchen. A permit is required to establish and operate a commercial kitchen. A separate permit shall be required for each kitchen or other separate cooking area that is a commercial kitchen.

Compressed gases. A permit is required to store, handle or use compressed gases in quantities exceeding those set forth in FC Table 105.6(1).

Exceptions: A permit is not required for the:

1. storage and use of compressed gases in the fuel tank of a motor vehicle, aircraft, marine vessel or watercraft for motive power.

2. handling and use of medical-grade gaseous oxygen by trained and knowledgeable medical personnel engaged in providing licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis. This exception does not apply to any premises at which such gaseous oxygen is being stored.

3. handling of medical-grade gaseous oxygen by trained and knowledgeable medical personnel at any premises at which such oxygen is stored for use in the provision of licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis, but which is not used at such premises. This exception includes making connections for purposes of ascertaining the contents of the container and attaching ancillary equipment, but does not include filling, refilling or hydrostatic testing of the container.

FC Table 105.6(1) Permit Quantities for Compressed Gases

Type of Gas

Quantity (SCF)

Corrosive

400

Flammable, except at construction sites

400

Liquefied petroleum gas at construction sites

170 (20 lb)

Acetylene at construction sites

100

Highly toxic

Any Quantity

Nonflammable and nonoxidizing, except carbon dioxide

3,000

Carbon dioxide, low-pressure carbon dioxide beverage dispensing systems

3500

Carbon dioxide, all other

4,500

Oxidizing

504

Pyrophoric

Any Quantity

Toxic

Any Quantity

Unstable (reactive)

Any Quantity

Water reactive

Any Quantity

For SI: 1 cubic foot = 0.02832 m

3

.

Compressing gases. A permit is required to compress:

1. a flammable gas, including piped natural gas, to a pressure exceeding 6 psig (41.4 kPa).

2. a nonflammable, corrosive or oxidizing gas, including air, to a pressure exceeding 100 psig (689.5 kPa).

Exception: Outdoor air compressing at other than a fair or festival.

Cryogenic fluids. A permit is required to manufacture, store, handle or use, including dispensing, cryogenic fluids in quantities exceeding those set forth in FC Table 105.6(2).

Exceptions: A permit is not required for the:

1. storage and use of cryogenic fluids in the fuel tank of a motor vehicle, aircraft, marine vessel or watercraft for motive power or for refrigerating the cargo.

2. storage, handling or use of liquid oxygen home care containers and liquid oxygen ambulatory containers in compliance with the requirements of FC 6306 in residential dwelling units and residential health care dwelling units and sleeping rooms in Group I-1, I-4 and R occupancies.

3. handling and use of medical-grade liquid oxygen by trained and knowledgeable medical personnel engaged in providing licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis. This exception does not apply to any premises at which such liquid oxygen is being stored.

4. handling of medical-grade liquid oxygen at any premises at which such oxygen is stored by trained and knowledgeable medical personnel for use in the provision of licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis, but which is not used at such premises. This exception includes making connections for purposes of ascertaining the contents of the container and attaching ancillary equipment, but does not include filling, refilling or hydrostatic testing of the container.

FC Table 105.6(2) Permit Quantities for Cryogenic Fluids

Type of Cryogenic Fluid

Indoors (gallons)

Outdoors (gallons)

Flammable

More than 1

10

Nonflammable

60

100

Oxidizing (includes oxygen)

10

50

Physical or health hazard not indicated above

Any Quantity

Any Quantity

For SI: 1 gallon = 3.785 L.

Distilleries. A permit is required to establish and operate a distillery.

Dry cleaning facilities. A permit is required to establish and operate dry cleaning equipment that utilizes a Class II or Class III solvent.

Energy storage systems, stationary. A permit is required to install and operate a stationary energy storage system.

Exceptions: A permit is not required for:

1. indoor systems in Group R-3 occupancies, including an energy storage system installed in a Group R-3 dwelling or in an attached or detached garage serving such a dwelling, or mounted on an exterior wall of such a dwelling or garage.

2. outdoor systems with an aggregate rated energy capacity of 20 kWh or less.

Explosives. A permit is required to store, handle, use or sell explosives as follows:

1. Store, sell or offer for sale any quantity of black powder and smokeless powder.

2. Store, sell or offer for sale any quantity of blasting caps.

3. Store, sell or offer for sale two hundred or more shells of small arms ammunition.

4. Store, handle, use, sell or offer for sale any quantity of explosives, other than those specified in Items 1, 2 and 3 above.

Fireworks. A permit is required for each display or other event involving the handling, discharge or other use, or storage for use, of fireworks.

Flammable and combustible liquids. A permit is required:

1. to store, handle or use Class I liquids, other than paints, varnishes, lacquers, gasoline and other petroleum-based Class I liquids, in quantities exceeding 5 gallons (19 L), except that a permit is not required for the storage or use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel, or watercraft.

2. to store, handle or use amounts of gasoline and other petroleum-based Class I liquids other than paints, varnishes and lacquers, in quantities exceeding 2 1/2 gallons (9.5 L), except that a permit is not required for the storage or use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel, or watercraft.

3. to store, handle or use Class II or Class III liquids with a flash point of 300°F (149°C) or less, other than paints, varnishes and lacquers, in quantities exceeding 10 gallons (38 L), except that a permit is not required for the:

3.1. storage or use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel, or watercraft.

3.2. storage of fuel oil in stationary storage tanks in Group R-3 occupancies for use in stationary fuel oil burning equipment.

4. to store, handle or use Class I, Class II or Class III liquids having a flash point of 300°F (149°C) or less that are commonly used for painting, varnishing, staining or other similar purposes, including paint, varnish and lacquer, in quantities exceeding 20 gallons (76 L).

5. to store, handle or use petroleum-based Class III liquids with a flash point exceeding 300°F (149°C), in quantities exceeding 70 gallons (266 L), except that a permit is not required for the storage and use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel or watercraft for motive power.

6. to operate a bulk plant or terminal or bulk transfer facility where flammable and combustible liquids are blended, produced, processed, transported, stored, dispensed or used.

7. to manufacture flammable or combustible liquids.

8. to store and/or use fuel oil stored on a barge, marine vessel or watercraft moored to or anchored at privately owned waterfront property.

9. to store and use fuel oil in quantities exceeding 10 gallons (38 L) on mobile heating and power generating trailers.

10. to store and use gasoline in quantities exceeding 2 1/2 gallons (9.5 L) in a single item of portable fueled equipment lawfully stored in accordance with FC 313 or an aggregate of 10 gallons (38 L) in all such portable fueled equipment stored at a premises.

Fleet Fueling. The transfer of Class II and III liquids directly from a cargo tank through approved dispensing equipment into the fuel tank of a motor vehicle at an approved off-street location where fleet vehicles are parked.

Floor finishing. A permit is required to conduct floor finishing or surfacing operations over an area exceeding 350 square feet (33 m

2

) using Class I or Class II liquids.

Fruit and crop ripening. A permit is required to establish and operate a fruit-, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.

Fumigation and insecticidal fogging. A permit is required to establish and operate a facility in which a fumigant or insecticidal fogger is used in a stationary installation.

Hazardous materials. A permit is required to store, handle or use hazardous materials in quantities exceeding those set forth in FC Table 105.6(3).

FC Table 105.6(3) Permit Quantities for Hazardous Materials

Type of Material

Quantity

Combustible liquids

See FC 105.6 for flammable and combustible liquids

Corrosive materials

Gases

Liquids

Solids

See FC Table 105.6(1)

55 gallons 1,000 pounds

Explosive materials

See FC 105.6 for explosive materials

Flammable materials

Gases

Liquids

Solids

See FC Table 105.6(1)

See FC 105.6 for flammable and combustible liquids See FC Table 105.6(4)

Highly toxic materials

Gases

Liquids

Solids

See FC Table 105.6(1)

Any quantity Any quantity

Oxidizing materials

Gases

Liquids

Class 4

Class 3

Class 2

Class 1

Solids

Class 4

Class 3

Class 2

Class 1

See FC Table 105.6(1)

Any quantity 1 gallon 10 gallons 55 gallons

Any quantity 10 pounds 100 pounds 500 pounds

Organic peroxides

Liquids

Class I

Class II

Class III

Class IV

Class V

Solids

Class I

Class II

Class III

Class IV

Class V

Any quantity Any quantity 1 gallon 2 gallons No Permit Required

Any quantity Any quantity 10 pounds 20 pounds No Permit Required

Pyrophoric materials

Gases

Liquids

Solids

See FC Table 105.6(1)

Any quantity Any quantity

Toxic materials

Gases

Liquids

Solids

See FC Table 105.6(1)

10 gallons 100 pounds

Unstable (reactive) materials

Gases

Liquids

Class 4

Class 3

Class 2

Class 1

Solids

Class 4

Class 3

Class 2

Class 1

See FC Table 105.6(1)

Any quantity Any quantity 5 gallons 10 gallons

Any quantity Any quantity 50 pounds 100 pounds

Water-reactive Materials

Gases

Liquids

Class 3

Class 2

Class 1

Solids

Class 3

Class 2

Class 1

See FC Table 105.6(1)

Any quantity 5 gallons 55 gallons

Any quantity 50 pounds 500 pounds

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

FC Table 105.6(4) Permit Quantities for Flammable Solids

Forms of Flammable Solid

Indoors (pounds)

Outdoors (pounds)

Pigs, ingots, billets, heavy castings

100

1,000

Light castings, light metallic products

100

125

Scraps, shavings, powders, dusts

1

100

Other flammable solids

1

100

For SI: 1 pound = 0.454 kg.

Hazardous production material (HPM) facilities. A permit is required to store, handle or use hazardous production materials.

High-piled storage. A permit is required to use an area exceeding 500 square feet (46 m

2

) in a building or structure or part thereof as a high-piled storage area.

Hot work operations. A permit is required to conduct hot work, including the following types of hot work:

1. use of a flammable gas with oxygen.

2. use of flammable gas without oxygen at a construction site where a Department of Buildings work permit is required.

3. use of electric arc equipment at a construction site where a Department of Buildings work permit is required.

4. use of any open flame in a torch-applied roof system.

5. public demonstration of hot work, other than in an accredited educational institution or program.

Hydrogen fuel gas room. A permit is required to establish and operate a hydrogen fuel gas room for the generation, storage, handling and use of gaseous hydrogen.

Industrial furnaces. A permit is required to install and operate an industrial furnace regulated by FC Chapter 30.

Liquefied petroleum gas (LPG). A permit is required to store, handle or use LPG in quantities exceeding those set forth in FC Table 105.6(1).

Exceptions: A permit is not required for:

1. stationary LPG installations in Group R-3 occupancies.

2. the storage and use of LPG in the fuel tank of a motor vehicle, aircraft, marine vessel or watercraft for motive power.

Lumber yards. A permit is required to store lumber exceeding 100,000 board feet (8,333 ft

3

) (236 m

3

).

Methane recovery. A permit is required for the recovery of methane from landfills and related processing.

Motor fuel-dispensing facilities. A permit is required to establish and operate the following types of motor fuel-dispensing facilities:

1. Fleet motor fuel-dispensing facilities.

2. Full-service motor fuel-dispensing facilities.

3. Self-service motor fuel-dispensing facilities.

Natural gas liquefaction facility. A permit is required to establish and operate a natural gas liquefaction facility.

Non-production chemical laboratory units. A permit is required to store, handle or use hazardous materials in a laboratory unit in quantities exceeding 1 gallon (3.8 L) of flammable liquid, 1 gallon (3.8 L) of combustible liquid or 75 SCF (2.12 m

3

) of flammable gas.

Non-tobacco hookah establishments. A permit is required to establish and operate a non-tobacco hookah establishment pursuant to Chapter 5 of Title 17 of the Administrative Code and FC 310.7.

Open flames. A permit is required to use open flames:

1. in any public assembly occupancy.

2. in any other place of public gathering.

3. in a covered mall building.

Organic coatings. A permit is required to conduct an organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.

Places of assembly. A permit is required to establish and operate a place of assembly. The term of such permit shall be for a period not to exceed 1 year.

Portable fueled space heaters. A permit is required to store, handle or use portable fueled space heaters that are fueled:

1. by a combustible liquid.

2. by compressed natural gas (CNG).

3. by liquefied petroleum gas (LPG).

4. by piped natural gas, except in Group R-3 occupancies.

Pyrotechnic material. A permit is required to store, handle or sell, including storage for sale, any quantity of pyrotechnic materials, articles and devices, other than pyrotechnic materials, articles and devices used solely for a purpose other than to create a special effect.

Pyroxylin plastics. A permit is required to store, handle and/or use pyroxylin plastics as follows:

1. To store, handle and/or use raw pyroxylin plastic in quantities exceeding 25 pounds (11 kg).

2. To use any quantity of raw pyroxylin plastic for the assembly or manufacture of articles.

Refrigerating system. A permit is required to install and operate a refrigerating system that uses a group A1, A2, A3, B1, B2 or B3 refrigerant or that is mounted on or suspended from a roof or ceiling.

Exceptions:

1. A refrigerating system of less than five horsepower that uses a group A1 refrigerant and that is not mounted on or suspended from a roof or ceiling.

2. A refrigerating system installed in the residence portion of any building, installed in motor vehicles, aircraft, marine vessels, watercraft or tank cars, or employing water or air as a refrigerant.

Repair garages. A permit is required to establish and operate a repair garage.

Special effects. A permit is required for the conduct of a special effects display, and all related storage, handling, use and transportation of pyrotechnic special effects materials and/or non-pyrotechnic special effects materials.

Spraying or dipping. A permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of powder coatings regulated by FC Chapter 24.

Sulfur. A permit is required to store, handle or use sulfur in quantities exceeding 200 pounds (90.8 kg).

Tar kettles. A permit is required to store, handle or use a tar kettle.

Tire-rebuilding plants. A permit is required to establish and operate a tire-rebuilding plant.

Tires, scrap tires and tire byproducts. A permit is required to store tires, scrap tires and tire byproducts, except tires mounted on vehicles, in quantities exceeding:

1. twenty-five hundred cubic feet (71 m

3

) of total volume of scrap tires or one thousand tires, whichever is less, either outdoors, or in buildings of noncombustible construction that are protected throughout by a sprinkler system.

2. two hundred fifty cubic feet (7.1 m

3

) of total volume of scrap tires or one hundred tires, whichever is less, in buildings of combustible construction, or in buildings of noncombustible construction that are not protected throughout by a sprinkler system.

Transportation of hazardous materials. A permit is required to transport hazardous materials:

1. in or on a marine vessel or watercraft transporting upon the navigable waters within the city, any quantity of explosives for delivery at a wharf, pier, bulkhead, or other structure over or contiguous to such navigable waters, or to a marine vessel or watercraft lying thereto, in excess of the quantity required for the vessel or craft's own use.

2. in connection with a business or operation requiring a permit or certificate of fitness under this code, including any New York City-based business or operation engaged in the transportation or delivery of hazardous materials, in or on a:

2.1. motor vehicle transporting a flammable liquid in a quantity exceeding 1,000 pounds (454 kg) aggregate gross weight, except vehicles transporting paint products prominently labeled as such in accordance with applicable laws, rules and regulations.

2.2. motor vehicle transporting a combustible liquid in a quantity exceeding 1,000 pounds (454 kg) aggregate gross weight, except vehicles transporting paint products prominently labeled as such in accordance with applicable laws, rules and regulations.

2.3. motor vehicle transporting a compressed gas in any quantity exceeding the limits set forth in FC Table 105.6(1) or 105.6(2).

2.4. motor vehicle transporting any quantity of explosives, except small arms ammunition.

Exceptions: A permit is not required for:

1. the transportation of hazardous materials for transshipment when transported in a motor vehicle operated in compliance with the route and time requirements of FC 5007.11 and the rules.

2. the storage and use of hazardous materials in the fuel tank of a motor vehicle, marine vessel or watercraft for motive power.

3. hazardous materials on motor vehicles, marine vessels or watercraft used for refrigerating the cargo.

4. the transportation by motor vehicle of medical-grade gaseous or liquid oxygen by trained and knowledgeable medical personnel engaged in providing licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis.