N.Y.C. Admin. Code § FC 5701: Section FC 5701: General

5701.1 Scope.

This chapter shall govern the storage, handling and use of flammable and combustible liquids, including the dispensing and mixing of such liquids, including flammable and combustible liquids subject to the New York State Department of Environmental Conservation regulations, as set forth in 6 NYCRR Parts 596 through 613.

Exceptions: This chapter shall not apply to:

1. Medicines, foodstuffs, cosmetics, and commercial, institutional and industrial products in the same concentration and packaging containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solution not being flammable, and alcoholic beverages in retail or wholesale sales or storage uses when packaged in individual containers not exceeding 1.3 gallons (5 L).

2. Installation of fuel oil storage tanks and auxiliary storage tanks for oil-burning equipment, except that this chapter shall apply with respect to permit requirements and requirements relating to out-of-service fuel oil tanks.

3. Refrigerant liquids and oils in refrigerating systems (see FC 606).

4. Storage and display of aerosol products complying with the requirements of FC Chapter 51.

5. Storage and use of liquids that have no fire point when tested in accordance with ASTM D 92.

6. Liquids with a flash point greater than 95°F (35°C) in a water-miscible solution or dispersion with a water and inert (noncombustible) solids content of more than 80 percent by weight, which do not sustain combustion.

7. Liquids without flash points that can be flammable under some conditions, such as certain halogenated hydrocarbons and mixtures containing halogenated hydrocarbons.

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

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

10. Commercial cooking oil storage systems in accordance with FC 610.

5701.2 Reserved.

5701.3 Design and installation documents.

The commissioner may require design and installation documents, specifications and calculations in connection with the installation, alteration or repair of tanks and related devices, equipment and systems pursuant to this chapter, including fire protection systems.

5701.4 Permits.

Permits shall be required as set forth in FC 105.6.

5701.5 Material classification.

Flammable and combustible liquids shall be classified in accordance with the definitions in FC 5702.1.*

5701.6 Supervision.

Manufacture, storage, handling and use of flammable and combustible liquids, including the dispensing of such liquids, shall be supervised as set forth in FC 5701.6.1 through 5701.6.3.

5701.6.1 Manufacture.

The manufacture of flammable and combustible liquids shall be under the personal supervision of a certificate of fitness holder.

5701.6.2 Storage.

The storage of flammable liquids, and combustible liquids with a flash point of 300ºF (149ºC) or less, shall be under the general supervision of a certificate of fitness holder when the quantity of such stored liquids exceeds the following amounts:

1. 275 gallons (1041 L) in a closed system;

2. 275 gallons (1041 L) of alcohol-based hand rubs in consumer-product (non-bulk) packaging, including sealed refills for hand dispensers, when stored for use on the premises (excluding dispensers installed or placed for use);

3. 20 gallons (76 L) of combustible liquid in portable containers;

4. 10 gallons (38 L) of flammable liquid in portable containers, except alcohol-based hand rubs subject to FC 5701.6.2(2) and gasoline; or

5. 2 1/2 gallons (9.5 L) of gasoline.

5701.6.3 Handling and use.

The handling and use of flammable liquids, and combustible liquids with a flash point of 300ºF (149ºC) or less, shall be under the personal supervision of a certificate of fitness holder when the quantity of such handled and used liquids exceeds the amounts set forth in FC 5701.6.2, except for alcohol-based hand rubs subject to subject to FC 5701.6.2(2).

5701.6.4 Fleet fueling operations.

Fleet fueling operations shall be personally conducted by a cargo tank operator holding a certificate of fitness for that purpose. The certificate of fitness holder shall be responsible for ensuring that fleet fueling operations are conducted in accordance with this section.

5701.7 Prohibitions.

It shall be unlawful to:

1. Manufacture, refine or distill petroleum or coal tar, or the liquid products thereof.

2. Operate a refinery.

3. Install an aboveground flammable liquid storage tank indoors.

4. Store or transport in the harbor or the city any flammable or combustible liquid, except in a barge, marine vessel, or watercraft constructed, protected and operated in accordance with the regulations of the United States Coast Guard.

5. Store flammable liquids in basements, cellars or other areas below grade.

6. Clean number six fuel oil tanks by heating number two fuel oil and circulating it within such tanks.

5701.8 Certificate of license.

Persons who install, alter, test or repair any flammable or combustible liquid storage system shall hold a certificate of license or shall be employed by and perform such duties under the general supervision of a person holding such certificate.