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// CODE SNIPPET

Section 313 Portable Fueled Equipment

NYC Fire Code 2014 > 3 General Precautions Against Fire > 313 Portable Fueled Equipment
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313.1 Scope

The storage, handling and use of portable fueled equipment shall be governed by this section and the rules.

313.2 General

Portable fueled equipment shall be stored, handled and used in accordance with this section.

313.3 Prohibitions

It shall be unlawful to:
  1. Store, handle or use indoors portable fueled equipment, including lawn-care equipment, snow blowers, portable generators and kerosene and other portable space heaters. The owner of a building, structure or premises shall not provide, or cause to be provided, any such equipment, including equipment designed for space heating.
    Exceptions:
    1. Indoor storage of lawn-care equipment, power washers, snow blowers, portable generators and other portable fueled equipment designed for outdoor use in a garage or garage space separated from dwelling spaces or other occupancies in accordance with the Building Code, or in a building classified as a Group U occupancy; or in another approved storage area in a building. This exception shall not apply to portable space heaters.
    2. The storage, handling and use of portable fueled equipment where authorized by this code, including this section, FC 308 and 314, and FC Chapter 14.
    3. The storage of portable fueled equipment for sale or distribution in a mercantile or storage occupancy.
    4. The storage, handling and use of portable fueled equipment in a business, factory or mercantile occupancy engaged in the business of manufacturing or repairing of such equipment, provided that portable space heaters are operated solely in connection with such manufacturing or repair, and are not used for space heating purposes.
  2. Store, handle or use for space heating, other than storage for sale, any portable fueled equipment that utilizes a flammable liquid as a fuel, or, except as authorized by FC313.5, that utilizes a combustible liquid as a fuel. Any such portable fueled equipment that shows evidence of having been used shall be deemed to be or have been in use.
  3. Use any portable fueled equipment that utilizes waste oil as a fuel. Any such portable fueled equipment that shows evidence of having been used shall be deemed to be or have been in use.

313.4 Confiscation and Removal

The commissioner may confiscate or order the removal of portable fueled equipment from indoor or outdoor locations where the storage, handling or use of such equipment is determined by the commissioner to be hazardous.

313.5 Portable Space Heaters

Portable fueled equipment used for space heating shall additionally be stored, handled and used in accordance with FC 313.5.1 and 313.5.2.

313.5.1 Listing and Labeling of Space Heaters

Portable space heaters and other portable fueled equipment used for space heating shall be listed and labeled.

313.5.2 Authorized Uses

Portable space heaters may be used for space heating as set forth in FC 313.5.2.1 through 313.5.2.6.

313.5.2.1 Portable Natural Gas Heaters

Portable space heaters fueled by piped natural gas may be stored, handled and used for outdoor use when designed, installed, operated and maintained in accordance with this code, including FC313.6, the rules and the construction codes, including the Building Code.

313.5.2.2 Construction Sites

Portable space heaters may be stored, handled and used at construction sites in accordance with FC Chapter 14 and the rules.

313.5.2.3 Reserved

313.5.2.4 Local Emergency

In the event of failure during severe cold weather of a central heating unit in any building or structure other than a private dwelling, multiple dwelling or Group A occupancy, portable space heaters approved for such indoor use may be used for a period not to exceed 2 weeks when such use has been approved.

313.5.2.5 Public Emergencies

In the event of a public emergency which disrupts, interferes with or impairs the operation or use of equipment, supplies or utilities normally utilized for heating, use of portable space heaters for indoor or outdoor use may be authorized by the commissioner upon a declaration of emergency by the mayor.

313.5.2.6 Supervision

The handling and use of portable space heaters shall be under the personal supervision of a certificate of fitness holder or a plumber. The storage of portable space heaters, and the fuel therefor, shall be under the general supervision of a certificate of fitness holder or a plumber.

Exception: Group R-3 occupancies.

313.6 Portable Natural Gas Heaters

buildings bulletin
Linked Resources Available

This section has been clarified by a buildings bulletin issued by the Department of Buildings.

Learn more in the Linked Resources panel on the right.
Portable space heaters fueled by piped natural gas shall be designed, operated and maintained in accordance with FC 313.6.1 through 313.6.5.

313.6.1 Clearance to Buildings

Heaters shall be located outdoors and at least 5 feet (1524 mm) from any building or structure.

313.6.2 Clearance to Combustible Materials

Heaters shall not be located beneath, or closer than 5 feet (1524 mm) to combustible decorations and combustible overhangs, awnings, sun control devices or similar combustible attachments to buildings or structures.

313.6.3 Proximity to Exits

Heaters shall not be located within 5 feet (1524 mm) of exits or exit discharges.

313.6.4 Tip-Over Switch

Heaters shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tilted more than 15 degrees (0.26 rad) from the vertical.

313.6.5 Guard Against Contact

The heating element or combustion chamber of heaters shall be permanently protected so as to prevent accidental contact by persons or material.

Related Code Sections


101.2.4 Administration, Systems and Equipment Outside the Scope
This code shall not apply to the following:   1. Portable LP-gas equipment of all types that is not connected to a fixed fuel piping ...
NYC Fuel Gas Code 2008 > 1 Administration > 101 General > 101.2 Scope > 101.2.4 Systems and Equipment Outside the Scope
101.2.4 Administration, Systems and Equipment Outside the Scope
This code shall not apply to the following: Portable LP-gas appliances and equipment of all types that are not connected to a fixed fuel piping ...
NYC Fuel Gas Code 2014 > 1 Administration > 101 General > 101.2 Scope > 101.2.4 Systems and Equipment Outside the Scope
§27-827 Heating and Combustion Equipment, General Requirements
, oil heaters and oil lamps equipped with a woven wick; (2) portable apparatus such as blow torches, soldering pots, tar heaters, snow melters, etc.; (3 ...
NYC 1968 Code (Vol I) > 14 Heating and Combustion Equipment > 17 Fuel Oil Equipment > §27-827 General Requirements
Section 1301 Fuel-Oil Piping and Storage, General
quantity of absorbent materials near fuel-oil storage tanks, pumps, and related equipment to control leaks and slipping hazards ...
NYC Mechanical Code 2008 > 13 Fuel-Oil Piping and Storage > 1301 General
Section 1301 Fuel-Oil Piping and Storage, General
Fuel-oil spill and overfill prevention equipment shall comply with EPA 40 CFR Parts 280 ...
NYC Mechanical Code 2014 > 13 Fuel-Oil Piping and Storage > 1301 General
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