§ 8334-01 Storage of Flammable and Combustible Liquids in Pre-Existing Facilities.
RCNY § 8334-01
(a)Scope. This section consolidates the New York City Fire Prevention Code and former Fire Department rules in effect on June 30, 2008, that are applicable to the design and installation of flammable and combustible liquid installations in pre-existing facilities.
(b)Definitions. The following terms shall, for purposes of this section and as used elsewhere in 3 RCNY Chapter 83, have the meanings shown herein: Apartment. An apartment, as defined in subdivision fifteen of section four of the multiple dwelling law. (Fire Prevention Code, former Administrative Code § 27-4002(1a)) Bulk oil storage plant. A building, shed, enclosure or premises, or any portion thereof, in which petroleum or coal tar, or the liquid products thereof, are stored or kept for sale in large quantities. (Fire Prevention Code, former Administrative Code § 27-4002(31)) Combustible mixture. A liquid or mixture having a closed-cup flashpoint at or above a temperature of one hundred degrees Fahrenheit, except that, for purposes of transportation, a combustible mixture shall mean a liquid or mixture defined as a combustible liquid by the United States Department of Transportation. (Fire Prevention Code, former Administrative Code § 27-4002(10)) Diesel fuel oil. Any liquid, used as a motor fuel which does not emit a flammable vapor below a temperature of one hundred degrees Fahrenheit when tested in a Tagliabue open cup tester. (Fire Prevention Code, former Administrative Code § 27-4002(10b)) Flammable mixture. A liquid or mixture having a closed-cup flashpoint at a temperature below one hundred degrees Fahrenheit, except that, for purposes of transportation, a flammable mixture shall mean a liquid or mixture defined as a flammable liquid by the United States Department of Transportation. (Fire Prevention Code, former Administrative Code § 27-4002(22)) Essential oil. An oil used for flavoring or perfuming purposes. (Fire Prevention Code, former Administrative Code § 27-4002(13)) Fire retarding material. Asbestos board in two layers, each one-fourth inch in thickness, the second layer breaking joints in all directions with the first, or plaster boards cocoa fibre filled, covered with lap jointed metal not less than 26 B. & S. gauge in thickness, and any other material that has successfully passed the one hour fire test prescribed by the industrial board of appeals of the state labor department on the twenty-ninth day of October, nineteen hundred fourteen. (Fire Prevention Code, former Administrative Code § 27-4002(16)) Fuel oil. Any liquid mixture, substance or compound, derived from petroleum, which does not emit a flammable vapor below a temperature of one hundred twenty-five degrees Fahrenheit, when tested in a Tagliabue open cup tester. (Fire Prevention Code, former Administrative Code § 27-4002(18)) Garage. A building, shed or enclosure, or any portion thereof, in which a motor vehicle other than one the fuel storage tank of which is empty, is stored, housed or kept. (Fire Prevention Code, former Administrative Code § 27-4002(19)) Kerosene. Any liquid product of petroleum, commonly used for illuminating purposes, which does not emit a flammable vapor below a temperature of one hundred degrees Fahrenheit, when tested in a Tagliabue open cup tester. (Fire Prevention Code, former Administrative Code § 27-4002(23)) Motor fuel. Gasoline, diesel fuel oil or other flammable or combustible liquids or mixtures used as fuel in the operation of motor vehicles, motorcycles, motor boats and aircraft. (Fire Prevention Code, former Administrative Code § 27-4002(26a)) Oil and fat or fat and oil. Any oil, fat or grease, of animal, vegetable or mineral origin, except essential oils. (Fire Prevention Code, former Administrative Code § 27-4002(29)) Vault. A covered excavation or chamber, below the street level, with masonry walls and roof, constructed outside the foundation walls of a building, and with but one entrance, fitted with a self-closing fireproof door. (Fire Prevention Code, former Administrative Code § 27-4002(42)) Volatile flammable oil. Any oil or liquid that will generate a flammable vapor at a temperature below one hundred degrees Fahrenheit when tested in a Tagliabue open cup tester. (Fire Prevention Code, former Administrative Code § 27-4002(43)) (c) General Provisions. Pre-existing facilities with flammable and combustible liquid installations the design and installation of which would not be allowed or approved under the Fire Code, but which, pursuant to FC 102.3 and 3 RCNY § 102-01, may be continued with respect to such flammable and combustible liquid installations under the applicable laws, rules and regulations in effect prior to the Fire Code, shall continue to comply with the provisions of such laws, rules and regulations, including former Administrative Code §§ 27-4053, 27-4055, 27-4065, 27-4066, 27-4069, 27-4070, 27-4094, 27-4227, 27-4231 and 27-4265, and former Fire Department rules §§ 8-01, 8-02, 20-07, 21-05, 21-06, 21-17, 28-01 and 28-04, as applicable, until such time as such facilities may be required to comply with the Fire Code and the rules with respect to their design and installation.
(d)Flammable Liquid Manufacture, Storage and Use.
(1)Former Administrative Code § 27-4065. § 27-4065 Manufacture. . . . . . . . . . . b. Restrictions. No permit for the manufacture of flammable mixtures shall be issued for any building: 1. Which is situated within fifty feet of the nearest wall of any building occupied as a school, hospital, theatre or other place of public amusement or assembly; 2. Where the building does not comply with the requirements of the building code regulating high hazard occupancies for buildings erected after the sixth day of December, nineteen hundred sixty-eight; or where a building or building section erected prior thereto is not fully equipped with an approved automatic sprinkler system; or where the building is occupied as a multiple dwelling, dwelling, school, theatre or other place of public amusement or assembly; 3. Which is artificially lighted by any means other than electricity; 4. Where drugs, cigars, cigarettes or tobaccos are kept for sale; 5. Where dry goods or other materials of a highly flammable nature are manufactured, stored or sold; 6. Where matches, rosin, hemp, cotton or any explosives are stored [as] or sold. . . . . . . . . . . e. Drawing-off pipe. The drawing-off pipe shall be encased in and surrounded by either four inches of Portland cement concrete or eight inches of brick masonry up to the level of the floor on which the compartment containing the mixing tank is located. f. Filling pipes. The filling pipe shall be at least two inches and not larger than four inches nominal inside diameter, and shall be laid at a descending grade to the tank, terminating within six inches of the bottom of the tank. The intake of a filling pipe shall be located outside of any building and not less than ten feet from any door, subway grating or basement opening, and in a heavy metal box, which shall be sunk flush with the sidewalk at the curb level, or at some other location offering equal facilities for the filling of the tank and fitted with a heavy metal cover, which shall be liquid tight and kept closed when not in use. The filling pipe shall be closed at the intake by a cock or valve fitted with a coupling for attaching to the tank truck, and with a liquid tight cap or plug to close the opening when not in use. The filling pipe shall be provided with a screen made of one thickness of 20-mesh brass wire gauze, placed immediately below the filling cock or valve. Where a storage system for flammable liquids and a storage system for diesel motor fuel oil and/or fuel oil are to be used on the same premises, the terminal of the diesel motor fuel oil and/or fuel oil fill pipe shall be provided with a left handed thread and the fill pipe fitting shall be of a different size than that required for the fill pipe to tanks containing flammable liquids. In lieu of the foregoing, fill boxes may be of a type for which a certificate of approval shall have been issued by the commissioner or previously approved by the board of standards and appeals, unless such approval is amended or repealed by the commissioner, and shall have cast in its cover an identifying name or symbol to differentiate between fuel oil for heating and diesel oil as motor fuel. g. Lighting. It shall be unlawful to install any system of artificial lighting other than electric lighting in any premises used for the manufacture of flammable mixtures. Such lighting shall be installed in accordance with the requirements of the electrical code. All electric switches and plugs shall be placed at least four feet above the floor. h. Mixing tank. The mixing tank shall be located in a separate compartment built upon suitable foundations, having the walls, floor and roof constructed of Portland cement at least six inches thick, or of brick masonry, at least two inches thick, the brick to be laid in and covered by Portland cement mortar. Each such tank shall be filled either by means of a pump or an approved pressure system, and the tank shall be kept closed except when the ingredients entering into the manufacture of the flammable mixture are being placed therein. Each compartment wherein a mixing tank is located shall be equipped with self-closing fireproof doors and windows. i. Piping, generally. Each storage tank shall be provided with a filling pipe, a drawing-off pipe and a vent pipe; provided that tanks installed as part of a hydraulic storage system shall not be required to have a vent pipe. All pipes and fittings shall be of galvanized steel, designed to withstand a hydrostatic pressure test of at least one hundred pounds to the square inch. All screw joints shall be made with a piping compound of a type for which a certificate of approval shall have been issued by the commissioner or previously approved by the board of standards and appeals, unless such approval is amended or repealed by the commissioner. In lieu of galvanized steel fittings, galvanized malleable iron fittings, with one hundred and fifty p.s.i. rating, may be used on any system that is provided with a leak detection system satisfactory to the fire commissioner such as probe holes, leak detection cables or other devices installed around the perimeter of the tank installation, designed for monitoring and that will be subjected to a hydraulic pressure test with water or product at ten p.s.i. in the presence of a fire department representative, every ten years. Brass trimmed specialty valves and brass control valves may be used in underground service lines and portions of suction lines within pump housing. . . . . . . . . . . m. Tanks. [Each tank used for the storage of volatile flammable oil shall be:] 1. [Of] Each tank used for the storage of volatile flammable oil shall have a capacity not exceeding four thousand gallons [each] when equipped with a double complete shell or when embedded or encased in twelve inches of concrete to the level of the top of the tanks.[ and in no case shall storage] Storage on a premises, including all tanks, shall not be in excess of twenty thousand gallons. [, and tanks] Tanks shall be of a type acceptable to the commissioner and constructed of American tank or carbon steel of the open hearth process[, of]. Tanks designed to contain no more than five hundred fifty gallons shall be at least one-quarter of an inch in thickness.[ for tanks not exceeding five hundred fifty gallons and for tanks] Tanks designed to contain over five hundred fifty gallons shall be at least one quarter of an inch in thickness for shell and five-sixteenths of an inch in thickness for heads, all welded with flanged and dished heads, with two inch lap weld with no tank openings piercing seams and all tank openings shall be provided at the top.[ at] At the time of installation all storage tanks shall bear a permanently affixed plate, spot welded or equivalent, having the name of tank manufacturer, the thickness of metal and capacity of tank. In lieu of the foregoing tank specifications, other tank construction acceptable to the commissioner may be permitted consistent with public safety, and before being covered or used together with all piping shall be tested hydrostatically to a pressure of thirty pounds per square inch, except discharge lines under pressure shall be tested to one hundred pounds per square inch or one and one-half times the maximum working pressure, whichever is greater, for a period of thirty minutes by the installer,[ in the presence of and witnessed by a representative of the fire department,] and shall not show any leakage. Such testing shall be conducted in the presence of a representative of the department.
2.[Thoroughly] Each tank used for the storage of volatile flammable oil shall be thoroughly cleaned and coated on the outside with two coats of red lead and with hot tar, asphalt or other rust resisting material, except that tanks equipped with a double complete shell shall be protected against corrosion to the satisfaction of the department and have a leak-detecting device acceptable to the commissioner[, and]. Each tank shall be set on a solid foundation approved by the department of buildings and except for double shell tanks shall be embedded or encased to the level of the top of the tank in at least twelve inches of concrete, having a minimum compressive strength of twenty-five hundred pounds per square inch at twenty-eight days. [Tanks] Each tank shall be covered with a structurally supported reinforced concrete slab at least eight inches thick extending at least twelve inches beyond the horizontal outlines of the tanks and placed over a coverage of clean sand or clean earth fill, the slab and its supports to be of a design as approved by the department of buildings. Excavation for storage tanks shall be made with due care to avoid undermining of foundations of existing structures.
3.[So set] Each tank used for the storage of volatile flammable oil shall be set so that the top or highest point thereof shall be at least two feet below the level of the lowest cellar floor of any building within a radius of ten feet from the tank[, and no]. No tank used for the storage of volatile flammable oil shall be located under the sidewalk or beyond the building line.
4.It shall be unlawful to cover from sight any tank, forming part of the buried oil storage system, until after an inspection has been made by the department, and written approval has been given; which approval shall be given without charge provided all the regulations have been complied with.
5.[Provided] When a tank used for the storage of volatile flammable oil is located inside a building it shall be provided with a liquid level or depth indicating device[ when the tank is located inside a building]. Test wells will not be permitted in tanks located inside of buildings. Liquid level or depth indicating devices [,]installed after this section takes effect[,] shall be substantially constructed and designed to prevent the escape of liquid or vapor and shall be of a type for which a certificate of approval shall have been issued by the commissioner or previously approved by the board of standards and appeals, unless such approval is amended or repealed by the commissioner. Unused tank openings shall be permanently sealed at the tank to prevent removal of plugs or covers. n. Vent pipe. In other than hydraulic systems each tank shall be provided with a separate vent pipe[ vent]. Vent pipes for tanks not exceeding five hundred fifty gallons shall be at least one inch in diameter for existing installations and at least one and one-half inches in diameter for new vent pipe installations[, and]. Vent pipes for tanks over five hundred fifty gallons shall be not less than two inches in diameter[ for tanks over five hundred fifty gallons, and]. Vent pipes shall run from the tank to the outer air at a position higher than the fill pipe opening[, and]. Vent pipes for tanks located outside of buildings and for vents affixed to a building wall at least ten feet for existing installations and at least fifteen feet for new installations above the adjacent ground level, and for tanks inside buildings at least ten feet above the roof of the building in which the plant or tank is located, and shall be at least ten feet from the nearest building opening, and well braced in position. Each vent pipe shall have a double[,] swing joint at the tank and a single swing joint at the vertical riser[ and when such]. When a vent pipe exceeds two inches in diameter it shall be capped with a double gooseneck, cowl, or hood, and shall be provided with either a screen made of two thicknesses of 20-mesh brass wire gauze, placed immediately below the gooseneck, cowl or hood or [provided with] a flame arrestor of a type approved by a nationally recognized laboratory. A vent pipe shall not be obstructed by devices that will reduce [their] its capacity and thus cause excessive back pressure. o. Ventilating flue. Each compartment wherein a mixing tank is located shall be equipped with a ventilating flue, constructed of brick or concrete, lined with tile pipe at least eight inches square, inside measurement, and extending from the floor of the compartment at a point opposite the door, to at least six feet above the highest point of the roof, and at least ten feet from the nearest wall of any adjoining building. Such flue shall have an opening into the mixing compartment six inches square and three inches above the floor, and shall be equipped with a double gooseneck eight inches square, made of at least 18-gauge galvanized iron. All openings shall be covered with 20-mesh brass wire screens. p. Fire prevention. It shall be unlawful to allow any stove, forge, torch or other device employing flame or fire, or any electric or other apparatus which is likely to produce an exposed spark, in any building used for the manufacture of flammable mixtures, unless it be placed in a room or compartment separated from the remainder of the building by a partition constructed of fire retarding material and provided with a self-closing fireproof door; provided, however, that electric motors may be of the fully enclosed type or provided with an approved type "A" (fire department specifications) motor enclosure. The terminal blocks also shall be protected. It shall be unlawful to locate any boiler or furnace in any such building, unless separated from the remainder of the building by an unpierced fireproof wall consisting of solid masonry or its equivalent, of at least eight inches in thickness; provided, however, that where the construction of such unpierced wall shall be impracticable, the commissioner may permit such openings in such wall as may be necessary, and prescribe such protection therefor as in his or her judgment the particular case shall require. . . . . . . . . . . r. Installation of pumps. The installation of pumps shall conform to paragraphs three and six of subdivision b of section 27-4081 of this chapter insofar as applicable.
(2)Former Administrative Code § 27-4066. § 27-4066 Requirements for below-grade storage in mercantile occupancies. A system of automatic sprinklers shall be provided in each basement, cellar or other location below grade, regardless of the floor area of such space, in any mercantile establishment in which the commissioner permits the storage of flammable mixtures, except that, where flammable mixtures are stored in such basement, cellar or other location below grade, in a room or other area that is segregated, vertically and horizontally, from surrounding spaces by a fire separation of not less than a two-hour fire-resistance rating, such system of automatic sprinklers shall be required only within such room or other area. Such system of automatic sprinklers shall conform to the requirements for automatic sprinklers for spaces classified in storage occupancy group B-1 pursuant to subdivision d of section 27-954 of the building code.
(3)Former Administrative Code § 27-4265. § 27-4265 Fire extinguishing appliances. . . . . . . . . . . b. Sprinkler systems in garment factories and factories using flammable oil for processing: 1. A one source automatic wet pipe sprinkler system shall be provided in every non-fireproof building in which there is a garment factory or a factory engaged in the processing of combustible fabrics with a flammable oil, and which exceeds three stories in height and in which more than fifty persons are employed above the street floor.
6.The sprinkler systems shall be provided in all parts of such buildings.
7.The provisions of this section shall apply to existing buildings and to buildings hereafter erected. . . . . . . . . . .
(e)Combustible Liquid Manufacture and Storage.
(f)Distilled Liquors and Alcohols.
(g)Petroleum, Shale Oils and the Liquid Products thereof.
(h)Paints, Varnishes and Lacquers (1) Former Administrative Code § 27-4094 § 27-4094 Restrictions. a. No permit for the manufacture, mixing or compounding of paints, varnishes or lacquers shall be issued for any premises: 1. Which are situated within fifty feet of the nearest wall of a building occupied as a school, theatre or other place of public amusement or assembly; 2. Where the building does not comply with the requirements of the building code regulating high hazard occupancies for buildings erected after the sixth day of December, nineteen hundred sixty-eight; or where a building or building section erected prior thereto is not fully equipped with an approved automatic sprinkler system; or where the building is occupied as a multiple dwelling, dwelling or factory, except where paint is the commodity manufactured in such factory; 3. Which are artificially lighted by any means other than electricity; 4. Where drugs, cigars, cigarettes or tobaccos are kept for sale; 5. Where dry goods or other highly flammable materials are manufactured, stored or kept for sale. b. A system of automatic sprinklers shall be provided in each basement, cellar or other location below grade, regardless of the floor area of such space, in any mercantile establishment in which the commissioner permits the storage of flammable or combustible paints, varnishes, lacquers or other substances, mixtures or compounds commonly used for painting, varnishing, staining or similar purposes, except that, where such flammable or combustible substances, mixtures or compounds are stored in such basement, cellar or other location below grade, in a room or other area that is segregated, vertically and horizontally, from surrounding spaces by a fire separation of not less than a two-hour fire-resistance rating, such system of automatic sprinklers shall be required only within such room or other area. Such system of automatic sprinklers shall conform to the requirements for automatic sprinklers for spaces classified in storage occupancy group B-1 pursuant to subdivision d of section 27-954 of the building code.
(i)Oils and Fats.
(j)Bulk Plants and Terminals.
(l)Liquid Tank Storage Systems.
(c)Fill lines shall terminate at curb in approved type fill boxes with means for locking.
(k)The number of Bowser or similar type tanks shall not exceed five (5). . . . . . . . . . .
(ii)Tanks shall be welded, riveted and caulked, or riveted and welded. Flanges or other pipe connections may be welded. All caulking shall be placed with round nose tools and without damage to the plates. Filler of any kind between plates shall be prohibited.
(iii)Tanks to be buried shall be cleaned and then coated on the outside with two coats of red lead, or equivalent. They shall be further protected by a coating of hot tar, asphalt, or equivalent rust resistive material, applied at the work site. Tanks installed above ground shall be coated with one coat of red lead, or equivalent.
(iv)All buried storage tanks shall be constructed of at least 1/4-inch thick metal and shall be designed to withstand any external loads to which the tank may be subjected.
(v)At the time of installation all storage tanks shall bear a permanently fixed plate, spot welded or equivalent, bearing the name of the tank manufacturer, the gauge of the materials, and capacity of the tank. Shop fabricated storage tanks shall be installed without structural alteration.
(vi)All openings shall be through the top of the storage tank, except that storage tanks of 275-gallon capacity or less, located above ground but below the lowest story, may be provided with a 3/4-inch opening for gravity discharge and a l-inch opening in the bottom for cleaning and protection against corrosion.
(vii)Above ground tanks outside of buildings shall be electrically grounded in accordance with the requirements for equipment grounding of the Electrical Code of the City of New York.
(4)All tanks except vertical tanks above ground 275 gallons or less capacity. All storage tanks of 275-gallon capacity or less that are not buried shall have a minimum thickness of shell and head plated of number 10 manufacturer's standard gauge steel plate. Storage tanks of 60-gallon capacity or less shall be similarly constructed but need not be thicker than No. 14 manufacturer's standard gauge.
(5)Vertical storage tanks over 1,000-gallon capacity located outside of building above ground (i) Vertical tanks located outside of buildings above ground shall be built of steel plates of the quality required for cylindrical tanks.
(m)Flammable and Combustible Liquid Storage.
(xii)All electrical equipment, in or near the workroom or laboratory room, where acetone is used, shall be of the explosion proof type. . . . . .
(xiii)All machinery shall be properly grounded. . . . . . . . . . .
(xvi)Fixed ventilation (natural or mechanical) shall be provided in room where acetone is used. Note 1. When the quantity of acetone exceeds 275 gallons, a buried storage system shall be required. . . . . . . . . . .
(o)The total quantity of paint material shall not exceed two hundred (200) gallons in non-fireproof multiple dwellings, except where storage in a separate fireproof exterior building. In class I fireproof multiple dwellings, or complexes of contiguous multiple dwellings under the same ownership, two (2) gallons per apartment, but not more than two thousand (2,000) gallons storage may be permitted provided that, when storage exceeds two hundred (200) gallons, the automatic sprinkler system required for the storage room is extra hazard spacing and piping, with a fire department siamese connection, that the room is on an outside wall of the building, and that explosion venting is provided. Explosion venting provided shall be a minimum of ten (10) square feet when less than twenty (20) gallons of material having a flashpoint of under 100(degrees)F. Tag. o.c. is stored, and in accordance with NFPA Standard No. 68 (1954) when twenty (20) gallons or more of low flash material under 100 degrees F. Tag. o.c. flash) are stored. (These are in addition to all other requirements specified in these regulations).
(p)All thinning of such paints, etc. shall be prepared in said storage areas.
(q)All such paints, when not in actual use, shall be returned to said approved storage areas. All paint products shall be transported in closed containers.
(r)No spraying or dipping with such paints, etc. may be performed except as provided for in the rules of the Board of Standards and Appeals. . . . . . . . . . .
