N.Y.C. Admin. Code § FC 4006: Section FC 4006: Operational and Maintenance Requirements for Distilleries

4006.1 General.

Distilleries shall be operated and maintained in accordance with this section and distilled spirits industry standards.

4006.2 Operation of distillery serving area in distilleries.

Tasting rooms or other distillery serving areas may be housed or operated in a distillery provided that such tasting rooms and distillery serving areas are protected by a fire separation in accordance with FC 4003.4. Any commercial kitchen shall be operated in a fire area separated from distilled spirits processing areas and alcohol storage areas in accordance with the Building Code.

4006.3 Business operations area.

To the maximum extent practicable, the distilled spirits processing areas and alcohol processing areas in a distillery shall be used solely for distilling and alcohol processing. All other business operations, storage of other business equipment, deliveries (including deliveries of raw alcohol and other raw materials) and shipments (including shipment of finished goods), shall be conducted in a separate business operations area. Whenever practicable, deliveries of raw alcohol and other raw materials shall not be made through the distillery serving area or other area accessible to the public, or shall be made when those areas are closed to the public.

4006.4 Alcohol handling.

All transfers of alcohol into and between distillery equipment shall be in accordance with FC 5705.2.4, or other approved means.

4006.5 Barrel filling and emptying.

Barrel filling and emptying, including the blending of distilled spirits from barrel storage, shall be conducted in the alcohol processing area or bottling area, except as otherwise provided in FC 4003.4.2.

4006.6 Staffing of facility.

A certificate of fitness holder shall be present on the premises at all times when distilling and alcohol processing is being conducted, shall personally conduct any distilling, and shall tend to the still at all times when in operation in accordance with distilled spirits industry standards. The certificate of fitness holder shall also be present on the premises during the transfer of raw alcohol from a shipping container into distillery equipment. At least one other trained and knowledgeable person shall be present on the premises when the quantity of alcohol undergoing distillation or alcohol processing exceeds 5 gallons (19 L).

4006.7 Spill mitigation and reporting.

Leaks, spills or other uncontrolled discharges of raw alcohol or distilled spirits shall be mitigated and reported in accordance with FC 4006.7.1, 4006.7.2, and 5003.3.

4006.7.1 Spill mitigation.

Spills of raw alcohol or distilled spirits shall be contained and, if practicable, promptly diluted by water. Spills shall be mitigated using a spill kit suitable for flammable alcohol and the flammable or combustible waste disposed of in accordance with applicable laws, rules and regulations. Floor drains shall only be used for collection and/or disposal of spills when approved by the department. The distillery's spill mitigation and reporting procedures shall be set forth in the distillery's emergency response plan.

4006.7.2 Cessation of distillery operations.

In the event of a leak, spill or uncontrolled discharge, distillery operations unrelated to the mitigation of the release shall immediately cease. Distillery operations shall resume only when the hazard has been mitigated and the spilled material has been removed.

4006.8 Combustible materials.

Packaging materials and other combustible materials shall not be stored in the distilled spirits processing area or barrel storage areas except as needed for immediate use. Additional (bulk) storage of such materials shall be located in the business operations area of the distillery. Idle pallets of wood and other combustible materials shall be stored in the business operations area of the distillery in accordance with FC Chapter 32.

4006.9 Distillery waste products.

Any methanol, stillage or other distillery waste product shall be collected and disposed of in accordance with FC 304. Such waste shall be removed from the distilled spirits processing areas and alcohol processing areas immediately upon completion of the distilling or alcohol processing operation from which it was generated, and stored in accordance with FC 4005.2.4.

4006.10 Public access and tours.

Persons not conducting necessary distillery operations shall not be allowed in the distilled spirits processing areas and alcohol storage areas during distilling or alcohol processing operations, except distillery tours may be conducted in designated locations within such areas, as authorized by the department, and supervised by a certificate of fitness holder. Non-distillery staff shall be restricted to the distillery serving area and general business operations area.

4006.11 Maintenance of equipment.

All distillery equipment shall be periodically inspected, tested and otherwise maintained in accordance with the original equipment manufacturer's instructions, distilled spirits industry standards, and all applicable laws, rules and regulations. The original equipment manufacturer's manuals for the installation, operation and maintenance of all distillery equipment shall be maintained on the premises and made available for inspection by any representative of the department.

4006.12 Sources of ignition.

Safety precautions shall be taken to prevent ignition of flammable liquids or vapors from any potential ignition source, including any heat, friction or electrical current generated in connection with cleaning, maintenance and repair work.

4006.12.1 Smoking.

It shall be unlawful to smoke in a distillery. "No Smoking" signs shall be posted in accordance with FC 310.

4006.12.2 Open flames.

Open flames, including barrel charring operations, are prohibited in the distilled spirits processing area and other alcohol production areas, except as authorized by the department.

4006.12.3 Environmental control.

The ambient room temperature and other environmental factors in the distilled spirits processing area and storage areas shall be kept within limits suitable for safe distilling and alcohol processing operations and alcohol storage, as applicable.

4006.13 Signage and markings.

NFPA 704 signage shall be posted at the entrance to the distilled spirits processing areas, and storage and barrel storage areas, in accordance with FC 5003.5. The piping shall be marked in accordance with FC 5703.5.

4006.14 Portable fire extinguishers.

Portable fire extinguishers shall be provided in accordance with FC 906.

4006.15 Safety data sheets.

Safety data sheets shall be maintained on the premises in accordance with FC 5003.4.