N.Y.C. Admin. Code § FC 313: Section FC 313: Portable Fueled Equipment

313.1 Scope.

The storage, handling and use of portable fueled equipment shall be governed by this section and the rules.

313.2 General.

Portable fueled equipment shall be stored, handled and used in accordance with this section.

313.3 Prohibitions.

It shall be unlawful to:

1. Store, handle or use indoors portable fueled equipment, including lawn-care equipment, snow blowers, portable generators, kerosene and other portable space heaters, and any portable fueled device, equipment or system that generates a flame, other than one installed in accordance with the construction codes. The owner of a building, structure or premises shall not provide, or cause to be provided, any such equipment, including equipment designed for space heating.

Exceptions:

1. Indoor storage of lawn-care equipment, power washers, snow blowers, portable generators and other portable fueled equipment designed for outdoor use in a garage or garage space separated from dwelling spaces or other occupancies in accordance with the Building Code, or in a building classified as a Group U occupancy; or in another approved storage area in a building. This exception shall not apply to portable space heaters.

2. The indoor storage, handling and use of portable fueled equipment where authorized by this code, including portable fueled equipment allowed by this section, open-flame devices allowed by FC 308, displays allowed by FC 314, and construction equipment allowed by FC Chapter 33, and portable fueled equipment allowed for demonstrations at exhibitions and trade shows by the rules.

3. The storage of portable fueled equipment for sale or distribution in a mercantile or storage occupancy.

4. The storage, handling and use of portable fueled equipment in a business, factory or mercantile occupancy engaged in the business of manufacturing or repairing of such equipment, provided that portable space heaters are operated solely in connection with such manufacturing or repair, and are not used for space heating purposes.

2. Store, handle or use for space heating, other than storage for sale, any portable fueled equipment that utilizes a flammable liquid as a fuel, or, except as authorized by FC 313.5, that utilizes a combustible liquid as a fuel. Any such portable fueled equipment that shows evidence of having been used shall be deemed to be or have been in use.

3. Use any portable fueled equipment that utilizes waste oil as a fuel. Any such portable fueled equipment that shows evidence of having been used shall be deemed to be or have been in use.

4. Remove paint in or on buildings, structures or premises with a torch or any other flame-generating device. Paint removal may be conducted using heat-producing devices other than portable fueled equipment. The person using such heat-producing device to remove the paint shall remain at the location where the heating operation was conducted to maintain a fire watch for not less than 1 hour after using such device.

313.4 Confiscation and removal.

The commissioner may confiscate or order the removal of portable fueled equipment from indoor or outdoor locations where the storage, handling or use of such equipment is determined by the commissioner to be hazardous.

313.5 Portable space heaters.

Portable fueled equipment used for space heating shall additionally be stored, handled and used in accordance with FC 313.5.1 and 313.5.2.

313.5.1 Listing and labeling of space heaters.

Portable space heaters and other portable fueled equipment used for space heating shall be listed and labeled.

313.5.2 Authorized uses.

Portable space heaters may be used for space heating as set forth in FC 313.5.2.1 through 313.5.2.6.

313.5.2.1 Portable natural gas heaters.

Portable space heaters fueled by piped natural gas may be stored, handled and used for outdoor use when designed, installed, operated and maintained in accordance with this code, including FC 313.6, the rules and the construction codes, including the Building Code.

313.5.2.2 Construction sites.

Portable space heaters may be stored, handled and used at construction sites in accordance with FC Chapter 33 and the rules.

313.5.2.3 Reserved.

313.5.2.4 Local emergency.

In the event of failure during severe cold weather of a central heating unit in any building or structure other than a private dwelling, multiple dwelling or Group A occupancy, portable space heaters approved for such indoor use may be used for a period not to exceed 2 weeks when such use has been approved.

313.5.2.5 Public emergencies.

In the event of a public emergency which disrupts, interferes with or impairs the operation or use of equipment, supplies or utilities normally utilized for heating, use of portable space heaters for indoor or outdoor use may be authorized by the commissioner upon a declaration of emergency by the mayor.

313.5.2.6 Supervision.

The handling and use of portable space heaters shall be under the personal supervision of a certificate of fitness holder or a plumber. The storage of portable space heaters, and the fuel therefor, shall be under the general supervision of a certificate of fitness holder or a plumber.

Exception: Group R-3 occupancies.

313.6 Portable natural gas heaters.

Portable space heaters fueled by piped natural gas shall be designed, operated and maintained in accordance with FC 313.6.1 through 313.6.5.

313.6.1 Clearance to buildings.

Heaters shall be located outdoors and at least 5 feet (1524 mm) from any building or structure.

313.6.2 Clearance to combustible materials.

Heaters shall not be located beneath, or closer than 5 feet (1524 mm) to combustible decorations and combustible overhangs, awnings, sun control devices or similar combustible attachments to buildings or structures.

313.6.3 Proximity to exits.

Heaters shall not be located within 5 feet (1524 mm) of exits or exit discharges.

313.6.4 Tip-over switch.

Heaters shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tilted more than 15 degrees (0.26 rad) from the vertical.

313.6.5 Guard against contact.

The heating element or combustion chamber of heaters shall be permanently protected so as to prevent accidental contact by persons or material.

313.7 Torches.

Where allowed, indoor use of torches shall be in accordance with FC Chapters 35, 58 and 61 and the rules. Indoor use of LPG-fueled torches in residential occupancies for soldering, food browning and other household uses, shall be limited to torches with an LPG container capacity of 16.4 ounces in accordance with FC Chapter 61 and the rules.