{"data":{"id":"us-nyc/n.y.c.-admin.-code-fc-2304","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § FC 2304","heading":"Section FC 2304: Dispensing of Liquid Motor Fuel","body":"2304.1 General.\n\nThe dispensing of liquid motor fuels at motor fuel-dispensing facilities, and the design, installation, operation and maintenance of liquid motor fuel storage and dispensing systems and facilities shall be in accordance with this section.\n\n2304.1.1 Prohibition.\n\nIt shall be unlawful to dispense motor fuel into a vehicle while:\n\n1. smoking;\n\n2. using or maintaining an open flame;\n\n3. the engine of the vehicle being fueled is not shut down;\n\n4. using any object to override, bypass or otherwise render the fuel dispensing nozzle's manual hold-open design feature inoperable.\n\n2304.1.2 Emergency fuel shutoff.\n\nAn approved, clearly identified and readily accessible emergency fuel shutoff switch shall be provided at an approved location to immediately shut down the transfer of fuel to the fuel dispensers in the event of a fuel spill or other emergency and activate an alarm audible in the dispensing area and any control booth. Such audible device may be the same device used to indicate activation of the fire extinguishing system installed to protect the fuel dispensers. An emergency fuel shutoff switch for outdoor fuel dispensers shall be located within 100 feet (30 480 mm) of, but not less than 20 feet (6096 mm) from, the fuel dispensers. For indoor fuel dispensers, the emergency fuel shutoff switch shall be installed at an approved location. An approved sign shall be posted on or immediately adjacent to the emergency fuel shutoff switch, which reads: EMERGENCY FUEL SHUTOFF. Such emergency fuel shutoff switches shall be of a type that must be reset manually.\n\n2304.1.3 Lighting.\n\nDispensing areas shall be well lighted whenever dispensing is being conducted.\n\n2304.1.4 Dispensing area signage.\n\nDurable signs shall be conspicuously posted in dispensing areas in motor fuel-dispensing facilities in compliance with the requirements of FC 2304.1.4.1 through 2304.1.4.4.\n\n2304.1.4.1 Operating instructions.\n\nA sign setting forth dispenser operating instructions shall be posted on every dispenser. Such sign shall also indicate the location of the emergency fuel shutoff switches required by FC 2304.1.2.\n\n2304.1.4.2 Fuel dispensing warning sign.\n\nA warning sign that reads as follows shall be posted on or immediately adjacent to each dispenser:\n\n1. No smoking.\n\n2. Shut off engine.\n\n3. Before fueling, discharge any static electricity by touching a metal surface. Repeat before removing nozzle.\n\n4. If a fire starts, do not remove nozzle ­ leave the area immediately.\n\n5. It is unlawful and dangerous to dispense fuel into unapproved containers or to fill portable containers in or on a motor vehicle.\n\n6. It is unlawful for anyone other than the certified attendant to fill portable containers.\n\n2304.1.4.3 Alcohol-blended motor fuel notice.\n\nA sign or marking indicating the type and concentration of alcohol in the motor fuel being dispensed shall be posted on or affixed to each dispenser dispensing alcohol-blended motor fuel.\n\n2304.1.4.4 Emergency procedures.\n\nA sign setting forth emergency procedures that reads as follows shall be posted in the dispensing area, or other location designated in this section:\n\nIN CASE OF FIRE OR SPILL: \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t USE THE EMERGENCY FUEL SHUTOFF SWITCH TO STOP THE FLOW OF FUEL (for flammable fuel dispensers\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t) \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t\t\t\t\t\t\tACTIVATE THE FIRE EXTINGUISHING SYSTEM PROTECTING THE DISPENSING AREA. (SWITCH LOCATION): \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t(\n\t\t\t\t\t\t\t\t\t\t\t\t\t\tindicate location\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t) \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t\t\t\t\t\t\tDIRECT VEHICLE OCCUPANTS TO EXIT VEHICLES AND LEAVE AREA IMMEDIATELY \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t NOTIFY THE FIRE DEPARTMENT (CALL 911) (FACILITY ADDRESS) \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t(\n\t\t\t\t\t\t\t\t\t\t\t\t\t\tindicate address, with cross-street reference\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t). \n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t\t\t\t\t\t\tKEEP ALL PERSONS AWAY FROM THE AREA.\n\n2304.1.5 Emergency telephone.\n\nA telephone not requiring a coin to operate or another approved, clearly identified means to notify the department, shall be provided at the facility in an approved location.\n\n2304.1.6 Dispensing on piers, docks or wharves.\n\nFlammable liquid motor fuel shall not be dispensed into the fuel tanks of motor vehicles imported by ship to this country while on any pier, dock or wharf.\n\n2304.1.7 Dispensing into portable containers.\n\nThe dispensing of liquid motor fuel into portable containers shall comply with the requirements of FC 2304.1.7.1 through 2304.1.7.5.\n\n2304.1.7.1 Approved containers required.\n\nLiquid motor fuel shall not be dispensed into a portable container unless such container is of approved material and construction, and has a tight closure with screwed or spring-loaded cover so designed that the contents can be dispensed without spilling. Liquids shall not be dispensed into portable tanks or cargo tanks.\n\n2304.1.7.2 Container capacity.\n\nLiquid motor fuel shall be dispensed into approved containers with an individual capacity not greater than 2 1/2 gallons (9.5 L).\n\n2304.1.7.3 Nozzle operation.\n\nWhen liquid motor fuel is being dispensed into a portable container the fuel dispensing nozzle shall be manually held open during the dispensing operation, whether or not the nozzle is provided with a latch-open device.\n\n2304.1.7.4 Location of containers being filled.\n\nPortable containers shall not be filled while located inside the trunk, passenger compartment or truck bed of a motor vehicle or upon a marine vessel or watercraft.\n\n2304.1.7.5 Certified attendant.\n\nOnly a certified attendant shall dispense liquid motor fuel into portable containers.\n\n2304.1.8 Dispensing from portable containers.\n\nNo motor vehicle, motorcycle, marine vessel or watercraft shall be fueled from a portable container while indoors.\n\n2304.1.9 Vegetation.\n\nWeeds, grass, vines, brush or other vegetation shall not be maintained within 10 feet (3048 mm) of any aboveground tank, tank fill connection or dispensing area.\n\n2304.1.10 Combustible waste.\n\nRubbish and other combustible waste shall not be stored within 10 feet (3048 mm) of any aboveground tank, tank fill connection or dispensing area, except in the dispensing area when in an approved waste container with a capacity not exceeding 40 gallons (0.15 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t3\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t).\n\n2304.2 Self-service motor fuel-dispensing facilities.\n\nSelf-service motor fuel-dispensing facilities shall be designed, installed, operated and maintained in compliance with the requirements of FC 2304.2.1 through 2304.2.5.\n\n2304.2.1 Duties of certified attendant.\n\nThe certified attendant's primary function shall be to supervise, observe and monitor the dispensing of fuel. The certified attendant shall prevent the dispensing of fuel into portable containers unless the dispensing is in compliance with the requirements of FC 2304.1.7. The certified attendant shall control sources of ignition, take immediate action upon an accidental spill or release, be ready to use a portable fire extinguisher, and activate the fixed fire extinguishing system. Nothing in this section shall be construed to prohibit a certified attendant from engaging in other activities so long as such activities do not interfere with the certified attendant's ability to supervise, observe and monitor the dispensing of fuel and other requirements of this chapter.\n\n2304.2.2 Self-service dispensers.\n\nApproved self-service devices, equipment and systems such as, but not limited to, card-operated and remote-preset types, are allowed at liquid motor fuel-dispensing facilities. The certified attendant shall set the dispensing devices in the \"off\" position when not in use if such dispensing device can be activated without the certified attendant's knowledge.\n\n2304.2.3 Monitoring of dispensing.\n\nA control booth shall be located on the premises of every self-service automotive liquid motor fuel-dispensing facility. The control booth shall be an interior or exterior enclosure to which the public has no access. The certified attendant shall be present within the control booth while dispensing operations are conducted. The control booth shall be designed and located so that the certified attendant stationed therein shall have a full, unobstructed clear view of dispensing operations, except that mirrors and/or an approved closed-circuit television installation may be provided to afford the certified attendant a clear view of dispensing operations when the view from the control booth is partially or temporarily obstructed. For purposes of this section, the \"clear\" view provided by a closed-circuit television installation shall mean that the image on the monitor shall be of such brightness and resolution as to allow ready identification of individuals and easy observation of activities at all times of day. Two properly labeled manual switches, one that activates the fire extinguishing system, and one that electrically disconnects the liquid motor fuel-dispensing pumps, shall be located adjacent to each other within the control booth. A console that controls the self-service liquid motor fuel dispensers shall be provided within the control booth and within 5 feet (1524 mm) of the manual switches.\n\n2304.2.4 Communications.\n\nA two-way voice communication system shall be installed to provide contact between the control booth and each dispensing island.\n\n2304.2.5 Signage.\n\nThe signage required by FC 2304.1.4 shall be posted in the dispensing area of a self-service motor fuel-dispensing facility, except that the emergency procedures sign required by FC 2304.1.4.4 shall be posted in the control booth.\n\n2304.3 Fleet motor fuel-dispensing facilities.\n\nFleet motor fuel-dispensing facilities shall be designed, installed, operated and maintained in compliance with the requirements of FC 2304.3.1 through 2304.3.3.\n\n2304.3.1 Inspection of dispensing area.\n\nThe certified attendant responsible for supervision of the dispensing of liquid motor fuel at fleet motor fuel-dispensing facility shall inspect the dispensing area on a periodic basis in accordance with the rules to ensure that the facility is being maintained in accordance with this chapter and the rules. The certified attendant shall notify the owner and make any other notifications required by this code if there is any evidence that the facility is not in good working order. A record of such inspections and notifications shall be maintained at the premises in accordance with FC 107.7.\n\n2304.3.2 Duties of fleet personnel.\n\nEmployees or other persons working for the owner of a fleet motor fuel-dispensing facility whose duties involve the dispensing of motor fuel shall be trained and knowledgeable in such dispensing in compliance with the requirements of this code and the rules.\n\n2304.3.3 Quantity limits.\n\nDispensing equipment used at fleet automotive liquid motor fuel-dispensing facilities shall comply with one of the following:\n\n1. Dispensing devices shall be programmed or set to limit uninterrupted liquid motor fuel delivery to not more than 25 gallons (95 L) and require a manual action to resume delivery.\n\n2. For other than flammable liquid motor fuel, the amount of liquid motor fuel being dispensed shall be limited in quantity by a preprogrammed card as approved.\n\n2304.4 Full-service motor fuel-dispensing facilities.\n\nFull-service motor fuel-dispensing facilities shall be operated in compliance with the requirements of FC 2304.4.1.\n\n2304.4.1 Duties of certified attendant.\n\nThe certified attendant at a full-service motor fuel-dispensing facility shall personally supervise the dispensing of motor fuel into vehicles by facility personnel. The certified attendant shall conduct a visual inspection of the dispensing area on a daily basis to monitor the condition of such installation. The certificate of fitness holder shall notify the owner and make any other notifications required by this code if there is any evidence that the installation is not in good working order. A record of such inspections and notifications shall be maintained at the premises in accordance with FC 107.7.","path":["New York City Administrative Code","Title 29","Chapter 2: New York City Fire Code"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"8a928ed431a8cef4e65cfee205f0222d7cd0a24f73cc574bf9553d260202e97b","source_id":"us-nyc","stale":true,"prev":"us-nyc/n.y.c.-admin.-code-fc-2303","next":"us-nyc/n.y.c.-admin.-code-fc-2305"},"notice":"GroundRules: Original legal text. Not legal advice."}