§ 8338-01 Storage of Liquefied Petroleum Gases in Pre-Existing Facilities.
RCNY § 8338-01
(a)Scope. This section consolidates the Fire Prevention Code and former Fire Department rules in effect on June 30, 2008, that are applicable to the design and installation of pre-existing liquefied petroleum gases storage facilities.
(b)Definitions. [Reserved.] (c) Facilities in Compliance With Former Fire Department Rules in Effect on June 30, 2008. LPG storage facilities in compliance with former Fire Department rule § 25-01 in effect on June 30, 2008 are allowed and would be approved under the provisions of the Fire Code and the rules, and accordingly, such facilities shall be designed and installed in compliance with the requirements of FC Chapter 61 and 3 RCNY § 6109-01, except that where the storage facility clearance distances from building openings; stationary LPG installations clearance distances from building openings, lot lines, buildings on an adjoining lots, sidewalks, motor vehicles, and vent and fill lines of flammable or combustible liquid storage tanks; and previously exempt storage and use (as set forth in § 25-01(k)); of such outdoor storage facility are lawfully not in compliance with the requirements of such chapter and rule, such pre-existing conditions shall be continued in compliance with the provisions of former Fire Department rule § 25-01(g), (i) and (k), as applicable, until such time such facilities may be required to comply with the design and installation requirements of the Fire Code and rules with respect to such conditions.
(1)Former Fire Department Rule § 25-01(g), (i) and (k) § 25-01 Storage and Use of Liquefied Petroleum Gases.
(g)Outdoor storage facilities. . . . . . . . . . .
(4)No outdoor storage facility shall be located within: (i) five (5) feet of any building opening, including any door, openable window, intake or exhaust vent; . . . . . . . . . .
(i)Stationary LPG installations. . . . . . . . . . .
(7)No LPG container connected for use shall be located within: (i) five (5) feet of any building opening, including any door, openable window or intake or exhaust vent; (ii) five (5) feet of the nearest lot line, sidewalk or building on an adjoining lot . . . . .; (iii) five (5) feet of any parked motor vehicle; (iv) five (5) feet of any vent or fill line of any flammable or combustible liquid storage tank; . . . . . . . . . .
(k)Pre-existing storage and use.
(ii)The provisions of paragraph (5) of subdivision (c) and paragraph (5) of subdivision (i) of this section shall not apply to a LPG container installation in a residential occupancy that was issued a Department permit prior to the effective date of this section.
(iii)The provisions of paragraph (13) of subdivision (c) of this section shall not apply to LPG storage and use for non-residential space heating or water heating when a Department permit for such storage and use was issued prior to the effective date of this section.
(iv)The provisions of paragraphs (8) and (10) of subdivision (c) and paragraph (5) of subdivision (f) of this section shall not apply to a roof-mounted emergency generator installation that was issued a Department permit prior to the effective date of this section.
(v)The provisions of subdivision (g) and paragraph (5) of subdivision (f) of this section shall not apply to an outdoor LPG storage facility that was issued a Department permit prior to the effective date of this section.
(vi)The provisions of item (iii) of paragraph (2) of subdivision (h) and paragraph (4) of subdivision (h) of this section shall not apply to an indoor LPG storage facility that was issued a Department permit prior to the effective date of this section.
(2)Discontinuance of exempt storage and use.
(5)store or use in, or bring or allow into, any residential occupancy or on any lot containing a building used for a residential occupancy, any LPG container with a capacity greater than sixteen and four tenths ounces (16.4 oz.), except as provided in subdivision (j) and (k) of this section. . . . . . . . . . .
(8)use on the roof of any building any LPG container with a capacity greater than sixteen and four tenths ounces (16.4 oz.), except as provided in subdivisions (j) and (k) of this section. . . . . . . . . . .
(10)store or use LPG for a stationary installation in any area where access to natural gas from a public utility is available, except as provided in subdivision (k) of this section. . . . . . . . . . .
(13)store or use LPG for space heating or water heating, except as provided in subdivisions (j) and (k) of this section. . . . . . . . . . .
(f)General storage and use. . . . . . . . . . .
(3)No outdoor storage facility shall be located on a lot containing any building used for residential purposes.
(h)Indoor LPG storage. . . . . . . . . . .
(j)Special storage and use. . . . . . . . . . .













