Chapter 1 Administration

Chapter 2 Definitions

Chapter 3 General Precautions Against Fire

Chapter 4 Emergency Planning and Preparedness

Chapter 5 Fire Operations Features

Chapter 6 Building Services and Systems

Chapter 7 Fire-Resistant Rated Construction

Chapter 8 Interior Furnishings, Decorations and Scenery

Chapter 9 Fire Protection Systems

Chapter 10 Means of Egress

Chapter 12 Dry Cleaning

Chapter 13 Combustible Dust-Producing Operations

Chapter 14 Fire Safety During Construction, Alteration and Demolition

Chapter 15 Flammable Finishes

Chapter 16 Fruit and Crop Ripening

Chapter 17 Fumigation and Insecticidal Fogging

Chapter 18 Semiconductor Fabrication Facilities

Chapter 19 Lumber Yards and Wood Waste Materials

Chapter 20 Manufacture of Organic Coatings

Chapter 21 Industrial Furnaces

Chapter 22 Motor Fuel-Dispensing Facilities and Repair Garages

Chapter 23 High-Piled Combustible Storage

Chapter 24 Tents and Other Membrane Structures

Chapter 25 Tire Rebuilding and Tire Storage

Chapter 26 Welding and Other Hot Work

Chapter 27 Hazardous Materials--General Provisions

Chapter 28 Aerosols

Chapter 29 Combustible Fibers

Chapter 30 Compressed Gases

Chapter 31 Corrosive Materials

Chapter 32 Cryogenic Fluids

Chapter 34 Flammable and Combustible Liquids

Chapter 35 Flammable Gases

Chapter 36 Flammable Solids

Chapter 38 Liquefied Petroleum Gases

Chapter 39 Organic Peroxides

Chapter 40 Oxidizers

Chapter 41 Pyrophoric Materials

Chapter 42 Pyroxylin Plastics

Chapter 43 Unstable (Reactive) Materials

Chapter 44 Water-Reactive Solids and Liquids

Chapter 45 Referenced Standards

Chapter 46 Fees

Chapter 47 Referenced Standard Modifications

Chapter 48 Pre-Existing Facilities

Chapter 49 Miscellaneous

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   (a)   Scope. This section sets forth requirements for out-of-service storage systems for gasoline, diesel, fuel oil and other flammable or combustible liquids that are not in use for 30 days or more, except when such systems are used for seasonal or standby storage and are not otherwise permanently out of service.
   (b)   Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:
Permanently out-of-service storage systems. Storage systems that are no longer to be used for storing gasoline, diesel, fuel oil or other flammable or combustible liquids or that have not been used for one (1) year or more. The Department may deem a storage system permanently out of service and require that it be closed accordingly where it has not been closed and maintained as a temporarily out-of-service storage system and the circumstances of an actual or anticipated change in use or occupancy of the premises at which the storage system is located indicate that any further use of such storage system cannot be reasonably anticipated.
Temporarily out-of-service storage systems. Storage systems for gasoline, diesel, fuel oil or other flammable or combustible liquids that have not been used for 30 days or more, but less than one (1) year.
   (c)   Temporarily Out-of-Service Storage Systems.
      (1)   Supervision.
            (A)   For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.
            (B)   For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.
            (C)   For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.
      (2)   Affidavit of compliance. The owner or operator of a temporarily out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system has been safeguarded in compliance with the requirements of FC Chapter 34 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.
      (3)   Permits and testing.
            (A)   All storage systems which have been rendered temporarily out of service shall continue to be subject to the Department's permit and testing requirements and the registration, reporting, inspection and testing regulations of the New York State Department of Environmental Conservation.
            (B)   Before a temporarily out-of-service storage system may be restored to service, an affidavit of compliance shall be filed with the Department in accordance with R3404-01(c)(2), certifying the integrity of the tank and piping, and the proper functioning of any leak detection and cathodic protection systems.
   (d)   Permanently Out-of-Service Storage Systems.
      (1)   Supervision.
            (A)   For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.
            (B)   For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.
            (C)   For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.
      (2)   Affidavit of compliance. The owner or operator of a permanently out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system was removed and disposed of, or abandoned in place, in compliance with the requirements of FC Chapter 34 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.
      (3)   Environmental site assessment. If an environmental site assessment is required by federal or state law or regulations, the owner or operator of the storage system, the permit holder for such system, or the person filing the affidavit of compliance for such system, shall submit to the Department a written statement that such environmental site assessment has been performed in accordance with such law and regulations.
   (a)   Scope. This section sets forth standards, requirements and procedures for precision testing pursuant to FC3404.2.11.6 of underground storage systems for motor fuels or other flammable and combustible liquids when such systems utilize single-walled tanks, or other tanks not provided with a leak detection system meeting Fire Code requirements.
   (b)   General Provisions.
      (1)   Applicability. Precision testing of underground storage systems for motor fuels or other flammable and combustible liquids that utilize single-walled tanks, or other tanks not provided with a leak detection system meeting Fire Code requirements, shall be conducted in compliance with the requirements of FC Chapters 22 and 34 and this section.
      (2)   Precision testing standard. Precision testing of underground storage systems shall be conducted in accordance with National Fire Protection Association (NFPA) Standard 329 (2005 edition).
      (3)   Supervision.
            (A)   Certificate requirements. Precision testing of underground storage systems shall be conducted by a person holding a certificate of license or under the general supervision of a certificate of license holder. Such person shall be trained and knowledgeable in the use of the precision test equipment and procedures for the conduct of the particular precision test. Any person conducting such test under the supervision of a certificate of license holder shall hold a certificate of fitness for such precision test. A separate certificate of fitness shall be obtained for each type of precision test system.
            (B)   Presence on premises. The certificate holder conducting the precision test shall remain on the premises while such test is being conducted and until the system has been returned to good working order in accordance with R3402-02(c)(1)(C)*.
   (c)   Operational Requirements.
      (1)   Administrative requirements.
            (A)   Notification of tests. Prior to conducting a precision test of a underground storage system, notification shall be made to the Bureau of Fire Prevention by calling the telephone number designated by the Bulk Fuel Unit. Tests may be witnessed by a Department representative. Tanks located within buildings shall not be tested unless prior Department approval is received.
            (B)   Submission of test results. A report of the results of the precision test shall be submitted to the Bulk Fuel Unit of the Bureau of Fire Prevention on an approved form no later than 30 days after conducting the test. Such test report shall include the name and certificate of fitness number of the person who conducted the test, as well as the name and signature of the certificate of license holder under whose supervision the test was conducted.
            (C)   Notification of defective storage systems. Underground storage systems shall be returned to service in good working order upon completion of the precision testing. Storage systems determined to be defective shall be removed from service in accordance with applicable laws, rules and regulations. If hazardous material has been released to the environment, notification shall be immediately made to the Department and the New York State Department of Environmental Conservation.
      (2)   Testing equipment requirements.
            (A)   Only approved precision testing systems shall be used for precision testing of underground storage systems. Such testing systems, including hoses and other devices and components, shall be designed for twice the maximum operating pressures of the pressures generated by the precision test system, and shall be compatible with the hazardous material stored in the tank to be precision tested.
            (B)   All testing equipment to be placed in the storage tank, or used in the vicinity of the test area, shall be intrinsically safe or suitable for use in hazardous locations.
            (C)   Interlocks shall be provided for all electrical connections to ensure that the system is grounded before power can be supplied.
      (3)   Testing procedures.
            (A)   The test area shall be cordoned off by portable barricades, signs, rope or tape to prevent unauthorized persons and motor vehicles from entering the area. Signs posted at the barricade perimeter shall be provided to read "NO SMOKING-NO OPEN FLAMES".
            (B)   All sources of ignition, including all motor vehicles, shall be removed from the testing area.
            (C)   Approved procedures shall be used in filling tanks and piping for precision testing, to ensure safety and prevent overfilling. Filling of tanks shall only be conducted through approved fill boxes from approved cargo tanks and/or approved safety cans. For purposes of topping off the tank or the test equipment, flammable and combustible liquids shall be drawn from an approved storage system on the premises into an approved safety can not exceeding a capacity of two and one half (21/2) gallons. Flammable and combustible liquids may not be withdrawn from the fuel tanks of motor vehicles.
            (D)   To avoid erroneous results, each precision test shall compensate for temperature changes, tank-end deflection, air pockets, water tables and other variables, as set forth in NFPA 329, to avoid erroneous results.
            (E)   Tests shall be conducted for the period of time recommended by the manufacturer of the particular precision testing system, or until accurate results can be obtained.
            (F)   If test wells must be drilled on the site to locate the water table, the certificate of license holder shall take all necessary steps to ensure that such test wells do not disturb utility infrastructure.
            (G)   When underground storage systems storing liquid of varying or unknown coefficients of thermal expansion are to be tested, the liquid shall be removed, the tank cleaned, and the test conducted using a material of similar viscosity and a known coefficient of expansion.
            (H)   Power to electrical equipment shall not be turned on until all electrical connections have been made. The connection to the power source shall be the final connection made.
            (I)   Precision testing systems shall be arranged such that rain water cannot enter the tank through the tank openings.
   (d)   Portable Fire Extinguisher Requirements.
      (1)   A portable fire extinguisher having at least a 40-B:C rating shall be readily accessible during testing. The maximum travel distance to the fire extinguisher shall be 30 feet and the portable fire extinguisher shall be positioned at a safe location within the testing area.
   (a)   Scope. This section sets forth requirements for the design and installation of indoor, aboveground combustible liquid storage systems, except fuel oil storage tanks and auxiliary storage tanks for oil-burning equipment regulated by the Mechanical Code, or to the installation of liquid motor fuel-dispensing storage tanks.
   (b)   General Provisions. Indoor aboveground combustible liquid storage tanks shall comply with the requirements of FC Chapters 27 and 34 and this section.
   (c)   Design and Installation Requirements.
      (1)   Location of tanks. Combustible liquid storage tanks shall preferably be installed on the floor at grade level. Combustible liquid storage tanks may also be installed on floors not more than two (2) floors below grade level.
      (2)   Fire-rated separation of tanks.
            (A)   Combustible liquid storage tanks having an individual or aggregate capacity of more than 550 gallons but less than 1,100 gallons in a single control area shall be completely enclosed within noncombustible construction having at least a two (2) hour fire resistance rating.
            (B)   Combustible liquid storage tanks having an individual or aggregate capacity of 1,100 gallons or more in a single control area shall be completely enclosed within noncombustible construction having at least a three (3) hour fire resistance rating.
      (3)   Sprinkler system protection.
            (A)   Any floor below grade level upon which a combustible liquid storage tank is installed shall be protected throughout by a sprinkler system, except that that when the combustible liquid storage tank will only store a combustible liquid with a flash point of 200°F or greater, and the room or area is segregated, vertically and horizontally, from surrounding spaces by a fire separation of not less than two (2) hour fire resistance rating, only the room or area housing such tank need be protected by a sprinkler system.
      (4)   Piping systems.
            (A)   General requirements.
      (1)   Exposed piping shall be protected against mechanical damage and shall be adequately supported with rigid metal fasteners or hangers.
      (2)   Only new wrought iron, steel, or brass pipe, or type K or heavier copper tubing shall be used. Metal tubing used as transfer piping shall be adequately protected.
      (3)   Overflow pipes, where installed, shall not be smaller in size than the supply pipe.
      (4)   Pipe shall be connected with standard components, and tubing with components listed or approved for the same material as the pipe, except that malleable iron fittings may be used with steel pipe. Cast iron fittings shall not be used. All threaded joints and connections shall be made liquid-tight with suitable pipe compound. Unions requiring gaskets or packing, right or left couplings and sweat fittings employing solder having a melting point of less than 1,000°F shall not be used.
            (B)   Piping from storage tank to equipment on other floors.
(1)  Piping from a transfer pump to manufacturing, process or other equipment installed on other floors, including combustible liquid return and vent piping, shall comply with the applicable provisions of R3404-03(c)(4) and shall be enclosed in a shaft constructed of four (4) inch concrete or masonry, having a four (4) inch clearance from all pipe or pipe covering, except that no such enclosure shall be required within the room containing the pump, tank, or equipment where such room is itself enclosed with construction and materials having at least a 2-hour fire-resistance rating. Provisions shall be made for expansion in piping without the use of expansion joints.
(2)  Where it is necessary to make horizontal offsets in supply piping, upon exiting the shaft, such piping shall be enclosed in a sleeve of other piping of at least number ten (10) gauge steel, two (2) sizes larger and arranged to drain into the shaft. Horizontal piping offsets shall be further enclosed in construction having a two (2) hour fire resistance rating, except that no such enclosure shall be required within the room containing the pump, tank, o equipment where such room is itself enclosed with construction and materials having at least a 2-hour fire-resistance rating.
(3)  A drain pipe shall be installed at the base of the shaft enclosing the supply and overflow piping. The pipe shall lead to a dedicated sump or container with a capacity of at least 55 gallons. Such sump or container shall be equipped with a leak detection system alarm, arranged so as to sound an alarm and stop the transfer pump. The alarm shall be connected to a local audible alarm and to a remote alarm located at a supervising station. The wiring shall comply with the Electrical Code.
(4)  Piping shall be seamless steel pipe of a weight not less than ASA Schedule 40, with welded connections up to the equipment, except that fittings at the tank or equipment, shutoff valves and other combustible liquid flow and control devices may be screwed or flanged.
(5)  Pipe shafts shall not be penetrated by or contain other piping or ducts.
      (5)   Transfer of combustible liquids between floors.
            (A)   A clearly identified and readily accessible remote control switch shall be provided on each floor to which combustible liquid is transferred. Such switch, when manually activated, shall cause shut down of the transfer.
            (B)   A visual indicating device shall be provided in the discharge area that indicates when the pump is running.
   (a)   Scope. This section sets forth standards, requirements and procedures for mobile trailers that store and use fuel oil for heating and generation of electrical power.
   (b)   General Provisions.
      (1)   Applicability. Mobile trailers that store and use fuel oil for heating, including steam and hot water, and generation of electrical power, shall be designed, installed and operated in compliance with the requirements of the construction codes and this section.
      (2)   Permit. Each mobile heating or power generating trailer shall obtain a permit for the citywide transportation, storage and use of combustible liquid. Mobile heating and power generating trailers utilized at one (1) site for more than 30 days shall obtain a site-specific permit for the storage and use of combustible liquid at that location.
      (3)   Supervision. While in operation, mobile emergency heating and power generating trailers shall be under the personal supervision of a certificate of fitness holder or a person holding a high pressure boiler operating engineer's license issued by the Department of Buildings.
      (4)   Delivery of fuel oil. Only cargo tanks for which a permit has been issued may be used to deliver fuel oil to mobile heating and power generating trailers.
   (c)   Design and Installation Requirements. Mobile heating and power generating trailers using fuel oil shall be designed and installed in compliance with the following requirements:
      (1)   Fuel oil piping systems and boilers shall be designed and installed in compliance with the requirements of the Mechanical Code. The power generating equipment, and all electrical devices, equipment and systems on the trailer shall be designed and installed in compliance with the requirements of the Building Code and the Electrical Code. Documentation of compliance with such codes shall be submitted to the Department in an approved form.
      (2)   Fuel oil storage tanks shall be constructed in accordance with the requirements of the Mechanical Code. No more than 550 gallons of fuel oil shall be stored on the trailer.
      (3)   A clearly identified and readily accessible remote control shut-down switch for the oil burning equipment shall be provided inside the trailer, immediately accessible upon entry.
      (4)   The chassis shall be designed and constructed to support the total load supported by the trailer, including all heating or power generating equipment. The Department may require a letter from the chassis manufacturer confirming such design capacity.
      (5)   Fuel oil storage tanks shall be provided with secondary containment of liquid- tight construction. Such containment shall be constructed of metal, and shall have a capacity of not less than the maximum capacity of the fuel oil storage tanks.
      (6)   Signs shall be posted on both sides of the trailer that read: "Mobile Heating Trailer" or "Mobile Power Generator", as applicable, in six (6) inch letters, and bear the name and address of the owner in two (2) inch letters.
      (7)   The trailer and equipment shall be electrically grounded in an approved manner.
      (8)   Each fuel oil storage tank fill line shall be provided with both a shut-off valve and a check valve.
      (9)   Department of Buildings permits or other approvals shall be posted at a conspicuous location inside the trailer.
   (a)   Scope. This section sets forth requirements for storage and use of flammable and combustible liquids on roofs at construction sites.
   (b)   Storage Requirements. Where flammable or combustible liquids in use at a construction site are not removed from the job site at the end of the workday they shall be stored in a metal flammable liquid storage cabinet when not in use. Flammable or combustible liquids may be stored on a roof in connection with work on a roof in a quantity not to exceed one (1) day's supply, but in no case more than 20 gallons.
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