N.Y.C. Admin. Code § FC 5007: Section FC 5007: Transportation of Hazardous Materials

5007.1 Scope.

This section shall govern the transportation of hazardous materials, as defined in the regulations of the United States Department of Transportation, as set forth in 49 CFR Part 173.

5007.2 General.

Transportation of hazardous materials shall be in accordance with the regulations of the United States Department of Transportation and this section.

5007.3 Prohibitions.

It shall be unlawful to:

1. Transport hazardous materials in or through the city where such transport is prohibited or restricted by federal or state law, rule or regulation, including restrictions on transportation of hazardous materials over bridges and through tunnels.

2. Transport in or through the city hazardous materials of such type, in such quantities, or in such manner as is prohibited by this code or the rules, except where such transport is in accordance with approved routes and times or other approved procedures or safety measures.

3. Transport hazardous materials in quantities requiring a permit pursuant to this code or the rules without such permit.

4. Deliver hazardous materials in quantities requiring a permit pursuant to this code or the rules to any location unless the owner or other person taking delivery thereof is in possession of a permit for the storage, handling and/or use of such hazardous material at such location.

5. Transport LPG containers that are or have ever been filled with LPG in the trunk of a passenger motor vehicle, or other area of such vehicle not readily visible to emergency responders.

5007.4 Reserved.

5007.5 Transportation of hazardous materials by vehicle.

Transportation of hazardous materials by vehicle shall be in accordance with this section, the rules, and the requirements contained in the regulations of the United States Department of Transportation, as set forth in 49 CFR, Parts 171, 172, 173, 177, 178, 180, 383, 387, 390, 392, 393, 396 and 397 and their appendices, and any amendments thereto, with respect to:

1. The design, construction, maintenance and equipment of cargo tanks and other vehicles.

2. The marking and placarding of vehicles.

3. The preparation, execution and use of shipping documents.

4. The handling, loading and unloading of hazardous materials.

5. The qualifications and commercial driver's license requirements of vehicle operators.

6. Insurance and other financial requirements.

5007.6 Transportation of explosives by vehicle.

Transportation of explosives by vehicle for storage, handling and use in the city shall additionally comply with the requirements of FC 5007.6.1 through 5007.6.6.

5007.6.1 Approved vehicles.

Except as otherwise authorized by the department, it shall be unlawful to transport, including delivering, any blasting materials or Division 1.1 or 1.5 explosives for storage, handling or use in the city, except in a vehicle designed and constructed in accordance with the rules, and for which a permit has been issued.

5007.6.2 Nitroglycerine.

It shall be unlawful to transport any nitroglycerine-containing material, except nitroglycerine in the form of tablets, pills or granules, in quantities not exceeding ten thousand, containing not more than 1/50 of a grain each, or to transport frozen nitroglycerine.

5007.6.3 Packing and marking.

Other than as prescribed or approved by the commissioner, it shall be unlawful to sell or deliver for use any explosive except in original and unopened packages, packed in accordance with FC 5007.6.3.1 through 5007.6.3.3.

5007.6.3.1 Explosives containing liquids.

Dynamite and other explosives containing a liquid which may exude a liquid shall be transported in DOTn approved cases, lined with a liquidproof plastic lining sufficient to prevent the exudation of the liquid. Such cases shall contain not more than 50 pounds (22.7 kg) of net explosive weight.

5007.6.3.2 Other explosives.

Other blasting materials (except black powder, blasting powder and smokeless propellant) that do not contain a substance subject to deterioration or instability by exposure to moisture shall be transported in DOTn approved cases each containing not more than 50 pounds (22.7 kg) of net explosive weight.

5007.6.3.3 Sticks or cartridges.

All explosives in the form of sticks or cartridges shall be packed so as to lie on their sides; and, when the boxes are loaded in or upon a motor vehicle, marine vessel or watercraft they shall be so arranged that the sticks or cartridges rest on their sides.

5007.6.4 Detonators.

Transportation of blasting caps and other detonators shall additionally comply with the requirements of FC 5007.6.4.1 and 5007.6.4.2.

5007.6.4.1 Packaging.

It shall be unlawful to bring into, transport, or deliver within the city any blasting caps and other detonators, unless packaged in original, unopened boxes.

5007.6.4.2 Delivery vehicles.

It shall be unlawful to transport any detonators in quantities exceeding five thousand, or to transport or cause to be transported, detonators together with any other explosives, except in an approved container in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Part 177.

5007.6.5 Black powder, blasting powder or smokeless propellants.

Black powder, blasting powder or smokeless propellant shall be transported in containers of not more than 25 pounds (11.34 kg).

5007.6.6 Restrictions.

Vehicles transporting explosives shall comply with the following requirements:

1. Explosives shall be delivered only during daylight hours.

2. No unnecessary stops shall be made in transit.

3. Vehicles shall be escorted in accordance with FC 5007.12, as applicable.

4. If explosives are being transported in more than one vehicle, the vehicles shall maintain a safe distance from each other of not less than 250 feet (76 200 mm).

5. It shall be unlawful to transport or deliver any explosives in a subway or other underground tunnel or conveyance, except as approved for blasting operations.

5007.7 Transportation of explosives by marine vessel.

Transportation of explosives by marine vessel and watercraft shall be in accordance with the regulations of the United States Department of Transportation, as set forth in CFR Part 176, and any amendments thereto, and shall additionally comply with the requirements of FC 5007.7.1 through 5007.7.5.

5007.7.1 Temporary storage on marine vessel.

It shall be unlawful to store for more than 48 hours on board of any marine vessel or watercraft lying to at a wharf, pier, bulkhead or other structure over or contiguous to navigable waters within the city, any explosives in excess of the amount required for the vessel's own use for signaling or lifesaving purposes.

5007.7.2 Supervision.

Any powder-boat or other marine vessel or watercraft used to transport explosives upon the navigable waters within the city for delivery at a wharf, pier, bulkhead or other structure over or contiguous to navigable waters, or to a marine vessel or watercraft lying thereto, shall, while transporting explosives, have on board at all times two persons, each holding a certificate of fitness for explosives handling. Only such certificate holders, the permit holder and the marine vessel or watercraft's crew shall be allowed in or upon such vessel or watercraft. Whenever practicable, all explosives shall be stowed on deck under a waterproof cover or otherwise kept dry.

5007.7.3 Detonators.

Except for marine vessels and watercraft engaged in export trade, it shall be unlawful to carry in or upon a marine vessel or watercraft transporting explosives within the city, detonators together with any other explosives, except in approved containers in accordance with the regulations of the United States Department of Transportation, as set forth in 49 CFR Part 176.

5007.7.4 Unloading.

It shall be unlawful to unload explosives onto a wharf, pier, bulkhead or other structure over or contiguous to navigable waters. Explosives intended for storage, handling or use within the city shall be transferred from the marine vessel or watercraft making the delivery directly to a vehicle at a wharf, pier, bulkhead or other structure over or contiguous to navigable waters approved by the commissioner. Explosives intended for shipment to points outside the city may be transferred from a marine vessel or watercraft directly to another marine vessel or watercraft lying at a wharf, pier, bulkhead or other structure within the city over or contiguous to navigable waters approved by the commissioner, provided the amount so transferred does not exceed 2,500 pounds (1134 kg). All such shipments in quantities exceeding 2,500 pounds (1134 kg) but not more than 5,000 pounds (2268 kg), may be transferred from marine vessel or watercraft to a marine vessel or watercraft at a distance of not less than 1,000 feet (304 800 mm) from any pier line.

5007.7.5 Smoking and intoxicated persons.

It shall be unlawful to smoke or maintain any flame while in or upon any marine vessel or watercraft carrying explosives, or allow in or upon such vessel or watercraft, any intoxicated person.

5007.8 Transportation of fireworks by vehicle.

Transportation of fireworks by vehicle for firework displays in the city shall additionally comply with the requirements of FC 5007.8.1 and 5007.8.2.

5007.8.1 Delivery to display site.

It shall be unlawful to transport fireworks through the city unless such fireworks are being transported to or from a display site for which a permit has been issued and such vehicle is escorted by department firefighting apparatus in accordance with FC 5007.12.

5007.8.2 Restrictions.

Vehicles transporting fireworks shall comply with the requirements of FC 5007.6.6.

5007.9 Transportation of flammable and combustible liquids by vehicle.

Transportation of flammable and combustible liquids by vehicle shall additionally comply with the requirements of FC 5007.9.1 through 5007.9.6.

5007.9.1 Operation of cargo tanks.

Cargo tanks shall be maintained and operated in accordance with FC 5007.9.1.1 through 5007.9.1.13.

5007.9.1.1 Vehicle maintenance.

Cargo tanks shall not be used unless they are in good working order and free from accumulation of grease, oil or other flammable or combustible waste.

5007.9.1.2 Monitoring of loading and unloading.

The operator of a cargo tank shall not remain in the vehicle during loading or unloading of the cargo and shall personally supervise such operation from a location at which the operator may observe the vehicle, the delivery and vapor recovery hoses, the fill connection and any overfilling of the tank.

5007.9.1.3 Vehicle shutdown.

The cargo tank motor shall be shut down during the making and breaking of hose connections. If loading or unloading is performed without the use of a power pump, the cargo tank motor shall be shut down throughout such operations.

5007.9.1.4 Secured from movement.

All appropriate actions shall be taken to prevent vehicle movement during the loading and unloading of the cargo, including setting the parking brake and chocking of tires.

5007.9.1.5 Outage.

A cargo tank or compartment thereof shall not be loaded to absolute capacity. The vacant space in a cargo tank or compartment thereof shall not be less than 1 percent to prevent leakage from or distortion of such tank or compartment by expansion of the contents caused by a rise in temperature.

5007.9.1.6 Overfill prevention.

The operator of a cargo tank shall, before making delivery to a tank, determine the unfilled capacity of the tank by use of a suitable gauging device, and shall not deliver cargo in excess of that amount.

5007.9.1.7 Securing hatches.

During the loading of cargo tanks with openable domes, the domes shall be secured on all but the receiving compartment, except that during loading of gasoline, all domes shall be secured.

5007.9.1.8 Cargo temperature.

Flammable and combustible liquids shall not be loaded into or transported in a cargo tank or delivered at a temperature above the material's ignition temperature.

5007.9.1.9 Bonding to underground tanks.

An external bond-wire connection or bond-wire integral to the delivery hose shall be provided when transferring flammable liquids into underground tanks.

5007.9.1.10 Smoking.

It shall be unlawful for the operator of a cargo tank to smoke in and within 25 feet (7620 mm) of the vehicle while transporting, loading or unloading cargo or to allow others to do so.

5007.9.1.11 Hose connections.

Flammable and combustible liquids shall be transferred to tanks by means of approved liquid- and vapor-tight connections between the delivery hose and fill tank connection. Where underground tanks are equipped with a vapor recovery system, all connections required for the safe and proper functioning of the vapor recovery system shall be made and maintained liquid- and vapor-tight throughout the unloading process. Vapors shall not be discharged at grade level during delivery.

5007.9.1.12 Hose protection.

In making any delivery of flammable or combustible liquid the operator of the cargo tank shall ensure, prior to unloading, that all hoses utilized for liquid delivery and vapor recovery are protected from physical damage, including damage by motor vehicles. Such protection shall be provided by positioning the cargo tank to prevent motor vehicles from passing through the area or areas occupied by hoses, or by other approved equivalent means.

5007.9.1.13 Method of discharge.

Gasoline that is transferred to underground tanks shall be discharged by gravity only.

5007.9.2 Parking restrictions.

Parking of cargo tanks shall be in accordance with FC 5007.9.2.1 and 5007.9.2.2, except that in the event of an accident, mechanical breakdown or other emergency, a cargo tank may be parked and left unattended at any safe location while the operator is obtaining assistance.

5007.9.2.1 Restricted areas.

It shall be unlawful to:

1. Leave a cargo tank unattended at any time on a public street, or any off-street location within 250 feet (76 200 mm) of an occupied building, or any other restricted location designated by the commissioner by rule or as a condition of a permit.

2. Park cargo tanks indoors.

5007.9.2.2 Approved parking.

Cargo tanks temporarily parked during working hours shall be parked at an approved off-street location not less than 250 feet (76 200 mm) from an occupied building. Cargo tanks shall be parked during nonworking hours on the grounds of a bulk plant or terminal, not less than 25 feet (7620 mm) from the nearest lot line; or at other approved location, not less than 50 feet (15 240 mm) from any building.

5007.9.3 Portable fire extinguishers.

Cargo tanks shall be equipped with a portable fire extinguisher complying with the requirements of FC 906 and having a minimum rating of 2-A:20-B:C. During unloading of the cargo tank, the portable fire extinguisher shall be outside of the motor vehicle and shall be readily available, but at a distance of at least 15 feet (4572 mm) from the unloading valves.

5007.9.4 Delivery and unloading of cargo.

Except as otherwise provided in FC 5706.2.8, cargo tanks shall deliver flammable or combustible liquids only to approved stationary storage systems. Flammable liquids being transported by a motor vehicle other than a cargo tank shall not be dispensed from a container prior to removal of the container from the vehicle.

5007.9.5 Emergency transfers between vehicles.

Department representatives may authorize a transfer from one cargo tank directly into a permitted or other approved cargo tank in the interest of public safety, such as when a cargo tank has been involved in a vehicular accident or has otherwise been damaged.

5007.9.6 Compartmental markings.

The maximum capacity of each compartment of a cargo tank shall be marked, in gallons, on the driver and passenger sides of the cargo tank in 3-inch (76-mm) white letters.

5007.10 Transportation of compressed gases by cargo tank.

Transportation of compressed gases by cargo tank shall additionally comply with the requirements of FC 5007.10.1.

5007.10.1 Prohibited compressed gases.

It shall be unlawful to transport the following compressed gases in a cargo tank:

1. Acetylene.

2. Liquefied carbon monoxide.

3. Liquefied chlorine.

4. Cyanogen.

5. Cyclopropane.

6. Diborane.

7. Di-, mono-, and tri-methylamines.

8. Dimethyl ether.

9. Ethylene.

10. Fluorine.

11. Liquefied hydrogen.

12. Hydrogen cyanide.

13. Hydrogen sulfide.

14. Liquefied petroleum gases (LPG).

15. Liquefied natural gas (LNG).

16. Methylacetylene propadiene mixture-stabilized, including propyns, mapp gas or apache gas.

17. Methyl chloride.

18. Methyl mercaptan.

19. Phosgene.

20. Phosphine.

21. Vinyl chloride.

22. Vinyl fluoride.

23. Vinyl methyl ether.

24. Any gas mixtures of the foregoing.

25. Any gas that contains:

25.1. Bromacetone.

25.2. Cyanogen chloride containing less than 0.9 percent water.

25.3. Diphosgene.

25.4. Ethyldichlorarsine.

25.5. Methyldichlorarsine.

25.6. Nitrogen peroxide (tetroxide).

25.7. Nitrogen tetroxide-nitric oxide mixtures containing up to 33.2 percent weight nitric oxide.

5007.11 Route and time requirements.

Vehicles transporting hazardous materials shall comply with such route and time requirements as the commissioner may promulgate by rule, to the maximum extent possible, to minimize their travel on local, non-arterial roads.

5007.12 Escort requirements for vehicles transporting explosives and fireworks.

Vehicles transporting explosives and fireworks shall additionally comply with the requirements of FC 5007.12.1 and 5007.12.2.

5007.12.1 Vehicles transporting explosives.

Vehicles transporting in or through the city Division 1.1, 1.2, 1.3 or 1.5 explosives requiring the vehicle to be placarded pursuant to DOTn regulations, including vehicles in continuous transit or transporting such explosives on approved routes at approved times, shall be escorted by department firefighting apparatus unless such explosives are transported in a vehicle for which a transportation permit has been issued.

5007.12.2 Vehicles transporting fireworks.

Vehicles transporting fireworks in amounts requiring the vehicle to be placarded pursuant to DOTn regulations, whether in continuous transit through the city or to or from a fireworks display in the city or surrounding waters, shall be escorted by department firefighting apparatus, in accordance with approved routes and times.