N.Y.C. Admin. Code § FC 5001: Section FC 5001: General

5001.1 Scope.

This chapter shall govern the storage, handling, use and transportation of hazardous materials. Hazardous material storage, handling and use shall additionally comply with the requirements of the New York State Department of Environmental Conservation regulations, as set forth in 6 NYCRR Parts 596 through 613.

Exceptions:

1. The storage, handling and use in retail or wholesale mercantile occupancies of alcoholic beverages, medicines, foodstuffs, cosmetics, and consumer products containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solutions not being flammable, when packaged in individual containers not exceeding 1.3 gallons (5 L) in volume.

2. Storage, handling and use of hazardous materials for agricultural purposes as a pesticide, fertilizer or similar application, when approved for such use by the regulatory agency having jurisdiction and when such storage, handling and use is in accordance with the manufacturer's instructions.

3. Reserved.

4. Reserved.

5. Refrigerating systems when designed, installed, operated and maintained in accordance with the Mechanical Code and FC 606.

6. Stationary energy storage systems when designed, installed, operated and maintained in accordance with FC 608 and the rules.

7. The storage, handling and use, including storage for sale, of fireworks, in accordance with FC Chapter 56.

8. The storage, handling and use of corrosives in Group M occupancies, including storage for sale, of personal and household products, when in the manufacturer's original consumer packaging.

9. The storage of wines in wooden barrels and casks.

10. The manufacturing, storage, handling and use of distilled spirits in distilleries in accordance with FC Chapter 40.

11. The use of dispensers containing alcohol-based hand rubs classified as Class I or Class II liquids, when stored, handled and used in accordance with FC 5705.5.

5001.1.1 Relationship with other chapters.

This chapter shall apply to all hazardous materials, including those materials regulated elsewhere in this code, except that when specific requirements inconsistent with the provisions of this chapter are set forth elsewhere in this code, those specific requirements shall apply to the extent that they are inconsistent. Where a material is in multiple hazard categories, compliance with each hazard category shall be required. Where a material is both a physical hazard and a health hazard, compliance with the requirements for each hazard category shall be required.

5001.2 Material classification.

Hazardous materials shall be classified by physical hazard, health hazard and/or other hazards associated with the properties of the material, or if the hazardous material is a mixture, with the hazards associated with the mixture as a whole. The commissioner may determine the appropriate hazard classification of a hazardous material, or may accept the classification set forth in nationally recognized standards, safety data sheets, or other approved standard or method.

5001.2.1 Reserved.

5001.2.2 Hazard categories.

Hazardous materials shall be classified according to hazard categories. The categories include materials regulated by this chapter and materials regulated elsewhere in this code.

5001.2.2.1 Physical hazards.

The material categories listed in this section are classified primarily as physical hazards.

1. Explosives and blasting agents.

2. Combustible liquids.

3. Flammable solids, liquid and gases.

4. Organic peroxide solids or liquids.

5. Oxidizing solids or liquids.

6. Oxidizing gases.

7. Pyrophoric solids or liquids.

8. Unstable (reactive) solids, liquids or gases.

9. Water-reactive solids and liquids.

10. Cryogenic fluids.

5001.2.2.2 Health hazards.

The material categories listed in this section are classified primarily as health hazards.

1. Highly toxic and toxic materials.

2. Corrosive materials.

5001.3 Reserved.

5001.4 Retail and wholesale storage and display.

For retail and wholesale storage and display of nonflammable solid and nonflammable or noncombustible liquid hazardous materials in Group M occupancies and storage in Group S occupancies, see FC 5003.11.

5001.5 Permits.

Permits shall be required as set forth in FC 105.6.

5001.5.1 Hazardous Materials Management Plan.

The commissioner may require an application for a permit to include a Hazardous Materials Management Plan (HMMP). Such plan shall be drawn approximately to scale. The HMMP shall contain the following:

1. Access to each area where hazardous materials are stored, handled or used.

2. Location of emergency equipment.

3. Location where liaison required by FC 5003.9.1.1 will meet emergency responders.

4. Facility evacuation meeting point locations.

5. The predominant use and/or occupancy of areas within the building where hazardous materials are not stored or used.

6. Location of all aboveground and underground hazardous material storage tanks and their appurtenances including, but not limited to, sumps, vaults, below-grade treatment systems and piping.

7. The hazard classes of hazardous materials stored or used in each area.

8. Locations of all control areas and Group H occupancies.

9. Locations of exits.

10. Such other information and documentation as the commissioner may prescribe.

5001.5.2 Hazardous materials reporting.

The storage of hazardous materials shall be reported as required by the New York State General Municipal Law Section 209-u. The commissioner may require an application for a permit pursuant to this code to include a copy of the current filing pursuant to such New York State General Municipal Law for the facility or premises for which a permit is sought. The commissioner may also require an application for a permit to include a Hazardous Materials Inventory Statement (HMIS), such as a statement prepared for purposes of the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III, Tier II Report, or other approved statement. The HMIS shall include the following information:

1. Product name.

2. Chemical composition.

3. Chemical Abstract Service (CAS) number.

4. Location where stored or used.

5. Container size.

6. Hazard classification.

7. Quantity in storage.

8. Quantity in use-closed systems.

9. Quantity in use-open systems.

5001.6 Facility closure.

Facilities shall be placed permanently out of service in accordance with FC 5001.6.2 and 5001.6.3 and, as applicable, with the New York State Department of Environmental Conservation regulations as set forth in 6 NYCRR Sections 598.10 and 613.

5001.6.1 Reserved.

5001.6.2 Permanently out-of-service facilities.

Facilities that are not operated for a period of more than 1 year or for which a permit has lapsed for more than 1 year shall be deemed to be permanently out of service and shall be closed in an approved manner.

5001.6.3 Facility closure plan.

The commissioner may require permittees to apply for approval to permanently close a facility that manufactures, stores, handles or uses hazardous materials. Such application shall be submitted at least 30 calendar days prior to the planned closure of the facility. Such plan and/or such other requirements as the commissioner may prescribe shall demonstrate that hazardous materials that are manufactured, stored, handled or used in the facility will be lawfully disposed of in a manner that eliminates the need for further maintenance and any threat to public health and safety.