NYC Rules of the City of New York

§ 5304-01 — Use of Carbon Dioxide in Beverage Dispensing Systems.

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What is NYC RCNY § 5304-01?

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(a) Scope. (1) This section sets forth standards, requirements and procedures for the storage, handling and use of more than 100 pounds (874 SCF) of carbon dioxide, in low-pressure, liquefied form, in beverage dispensing systems.

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Effective: 10/1/2017Last amended: 10/20/2023

§ 5304-01 Use of Carbon Dioxide in Beverage Dispensing Systems.

RCNY § 5304-01

(a)Scope.

(1)This section sets forth standards, requirements and procedures for the storage, handling and use of more than 100 pounds (874 SCF) of carbon dioxide, in low-pressure, liquefied form, in beverage dispensing systems.

(2)The provisions of this section do not apply to the storage, handling and use of carbon dioxide in any refrigerating system, fire extinguishing system or portable fire extinguisher, which are regulated by FC 606, 904 and 906, respectively.

(3)Any other storage, handling or use of carbon dioxide in a device, equipment or system shall be submitted for Department approval pursuant to FC 105.4, and shall be conducted under the personal supervision of a person holding a certificate of fitness, as set forth in FC 5301.4, if the amount of carbon dioxide being stored, handled or used requires a Department permit.

(b)General Provisions.

(4)Installer certification of installation or repair. For any newly-installed carbon dioxide beverage dispensing system using more than 400 pounds (3,496 SCF) of carbon dioxide, alteration of such a system (including replacement of piping), and/or inspection or repair of such a system after activation of an emergency alarm or other release of carbon dioxide at or above the exposure limits referenced in 3 RCNY § 5304-01(c)(1)(G)(2), the installer shall complete and submit to the Bureau of Fire Prevention (by emailing to [email protected]) an affidavit in a form approved by the Department certifying that the system is in good working order and setting forth the following information, and such other information and documentation as the Department may require: (A) New/altered systems: (1) Quantity and size (capacity) of carbon dioxide storage container(s) installed; (2) Location of installation at the premises, including floor and room or area; (3) Whether the room is provided with mechanical ventilation and/or a carbon dioxide detection and alarm system; and (4) Location of carbon dioxide beverage dispensing system central unit panel and visual or audible alarm notification devices. (B) Emergency alarm activation/carbon dioxide release: (1) Date/time of incident; (2) Date/time of system restoration to service; (3) Source/cause of carbon dioxide release; and (4) System components repaired or replaced.

(c)Design and Installation Requirements.

(d)Operational and Maintenance Requirements. Carbon dioxide beverage dispensing systems shall be operated and maintained in accordance with IFC Section 5307, NFPA Standard 55, and any other applicable standards, as set forth in 3 RCNY § 5304-01(b)(1), and in compliance with the following additional safety requirements: (1) Signage. (A) Manufacturer's warning/instruction sign. A sign shall be posted adjacent to any carbon dioxide detection and alarm system central unit panel and each visual or auditory alarm notification device, setting forth warnings and instructions about alarm modes and, as applicable, supervisory signals and/or other information. (B) Carbon dioxide warning sign. A warning sign shall be conspicuously posted at the entrance to the room or area containing the storage containers indicating the presence of carbon dioxide and the danger of asphyxiation. In lieu of the language set forth in Section 13.6.3.1 of NFPA Standard 55, the warning sign shall read as set forth below. Alternative warning signs containing substantially similar information may be posted if approved by the Department: "WARNING – CARBON DIOXIDE GAS INSTALLATION – ASPHYXIATION DANGERA high carbon dioxide (CO 2 ) gas concentration in this area can cause suffocation.DO NOT ENTER ROOM/EVACUATE THE AREA:∙ if the CO2 alarm indicates an immediate threat to life or safety. or∙ if there is reason to believe there is a CO2 leak and there is no functioning CO2 alarm.CALL NEW YORK CITY 911 IMMEDIATELY." (2) Periodic quick check of system. A quick check of the carbon dioxide beverage dispensing system shall be conducted by the certificate of fitness holder each time the carbon dioxide container is filled, if feasible, but in any event not less than once every three months. The quick check shall consist of a visual inspection of: (A) the pressure gauge on the storage container(s), to confirm that the pressure of the liquid carbon dioxide is within normal range; (B) system components, to detect any sign of physical damage, frost build-up on the regulator or other visible evidence of component malfunction; (C) any central unit panel of the carbon dioxide detection and alarm system, to confirm that the system is powered and operating properly, as well as to check for any system faults and activate any system test, including any test of alarm modes; (D) the required warning sign, to confirm that it is posted, legible and not obstructed; and (E) the room or area in which the carbon dioxide storage container(s) is installed, to confirm that there are no obvious unsafe conditions, such as storage of items on or against the container(s) or piping.

(5)Notification of carbon dioxide leak. Upon activation of the carbon dioxide beverage dispensing detection and alarm system indicating an immediate threat to life or safety, or a release of carbon dioxide from the beverage dispensing system in a location without a functioning carbon dioxide detection and alarm system, the following steps must be taken: (A) Immediately report the emergency to New York City 911; (B) Keep all persons away from the carbon dioxide installation and evacuate the area; (C) Notify the certificate of fitness holder; (D) Discontinue use of the carbon dioxide beverage dispensing system until a qualified installer has certified that it has been restored to good working order, by completing an affidavit pursuant to 3 RCNY § 5304.01(b)(4).

(e)Recordkeeping. The owner or certificate of fitness holder shall maintain on the premises in accordance with FC 107 the following documentation: (1) A copy of the Installer's Affidavit for new and altered systems, as set forth in 3 RCNY § 5304.01(b)(4); (2) A copy of the Installer's Affidavit for any emergency alarm activation/ carbon dioxide release; (3) A tag or other record of each quick check and annual inspection indicating: (A) The date of the inspection; (B) Whether the system is in good working order, and, if not, any conditions that require correction, and, if so, the date the condition was corrected and by whom; and (C) The name and certificate number of the certificate of fitness holder who performed the inspection; (4) The names and titles of the responsible person(s) at the premises trained in the use of the system; and (5) A copy of the manufacturer's manual for the carbon dioxide beverage dispensing system. (Amended City Record 8/30/2017, eff. 10/1/2017; renumbered and amended City Record 9/20/2023, eff. 10/20/2023)

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