N.Y.C. Admin. Code § FC 4001: Section FC 4001: General

4001.1 Scope.

This chapter governs the design, installation, operation and maintenance of distilleries, including the manufacturing, storage, handling and use of distilled spirits in such facilities. Storage of distilled spirits in a warehouse or a liquid storage warehouse that is not a distillery is governed by FC 5704.3. Any occupancy with ancillary distillery operations is a distillery regulated by this section.

Exceptions:

1. Storage of distilled spirits in a warehouse, liquid storage warehouse or other storage facility that is not a distillery is governed by FC 5704.3.

2. Bottling and related processing of distilled spirits, including blending, filtering, and other handling of distilled spirits, but excluding distilling, in a warehouse, liquid storage warehouse or other storage facility that is not a distillery, shall be conducted in accordance with FC 5705 or as otherwise provided in the rules.

4001.2 Permits.

Permits shall be required as set forth in FC 105.6.

4001.3 General.

The design, installation, operation and maintenance of distilleries, including the manufacturing, storage, handling and use of distilled spirits, shall be in accordance with this chapter. Nothing contained in this chapter shall authorize operations or facilities in contravention of Federal, State and City laws, rules and regulations governing distilled spirits, including the regulations of the Tax and Trade Bureau of the United States Treasury Department and the New York State Liquor Authority.

4001.3.1 Special approval for distilleries with widely-separated operations.

The department, in its discretion, may approve alternative design, installation, operational and maintenance standards, including alcohol storage in excess of 20,000 gallons (75 700 L), on a case-by-case basis, for any distillery housed in a detached building exclusively occupied for such purpose, which, by reason of its size (floor area and ceiling height) is able to mitigate the hazards associated with the distilling process by maintaining substantial separation between its stills and other distillery equipment and between its distilled spirits processing area and other distillery operations. The department may apply distilled spirits industry design standards for such distilleries, in whole or in part, in light of the distillery's design, construction and location.

4001.3.2 Special approval for distilleries based on performance standards.

The department, in its discretion, may approve alternative design, installation, operation and maintenance requirements, including distilled spirits industry design standards, where the applicant demonstrates that the design of the still, alcohol storage and handling equipment, grain handling equipment and/or other equipment mitigate the hazards associated with distillery operations.

4001.3.3 Special approval for existing distilleries.

The department, in its discretion, may approve by rule and/or individual modification alternative design and installation requirements for distilleries existing prior to the effective date of this section.

4001.4 Acceptance testing.

Prior to commencement of distillery operations:

1. The still and all piping associated with alcohol processing equipment shall be inspected and tested by, or in the presence of, a certificate of fitness holder at the time of installation to ensure that the equipment is in good working order; and

2. Electrical wiring, equipment and installations shall be installed in accordance with the construction codes, including the Building Code and the Electrical Code.

4001.5 Prohibitions.

It shall be unlawful to:

1. Store more than 20,000 gallons (75 700 L) of alcohol in any distillery, except as may be authorized by the department pursuant to FC 4001.3.1

2. Conduct distilling, alcohol processing or bottling above the second floor of any building, or in any basement, cellar or other below grade location, except as authorized by the department.

3. Establish or operate a distillery in any building housing a Group E, R-2 or I occupancy, or in which Group A occupancy is the dominant occupancy, except as authorized by the department.

4001.6 Supervision.

Distilleries and distillery operations shall be under the supervision of a certificate of fitness holder, as follows:

1. Still operation, and periodic testing of stills, shall be personally conducted by a certificate of fitness holder.

2. Distillery equipment other than stills shall be operated under the personal supervision of a certificate of fitness holder.

3. All other distillery operations, including the storage of raw alcohol and distilled spirits, shall be under the general supervision of a certificate of fitness holder.

4. The installation, alteration, repair or servicing of stills and other distillery equipment shall be conducted under the personal supervision of a still installation certificate of fitness holder or other person with approved qualifications.

4001.7 Other alcohol products.

Manufacturing, storage, handling and use in a distillery of alcohol products that are not raw alcohol or distilled spirits shall comply with the requirements of FC 4007.

4001.8 Very low flammability.

Any distillery that exclusively manufactures, stores, handles and uses beverage alcohol that is a Class I liquid with an alcohol content by volume of 20 percent or less (including raw alcohol, process alcohol and finished products) may apply to the Department to be exempted from design and installation requirements of this chapter.

4001.9 Combustible dust.

Any distillery that generates combustible dust shall comply with the requirements for combustible dust-producing operations set forth in FC Chapter 22 and this chapter.

4001.10 Emergency response plan.

Each distillery shall prepare and maintain an emergency response plan to address fires; spills, vapor releases and other accidental discharges; and distillery equipment alarms. Distilleries may utilize emergency plans developed in compliance with OSHA or New York State Department of Labor regulations, provided that they address all matters required by this chapter. The certificate of fitness holder shall train all distillery staff to implement such emergency response plan, including appropriate mitigating and reporting actions necessitated by fire, leak or spill.