Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC FC § 5704.2.2?

Quick Answer

This section regulates the use of transport containers such as cargo tanks and marine vessels as stationary storage tanks. Approval is required for such use, with specific exceptions for privately owned vessels storing fuel oil under certain conditions. Applies to property owners utilizing marine vessels for fuel storage on waterfront property.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

5704.2.2 Use of transport containers as stationary storage tanks.

FC § 5704.2.2

Cargo tanks, tank cars, barges, marine vessels and watercraft shall not be used as stationary storage tanks unless approved. Exception: A marine vessel or watercraft moored or anchored to privately owned waterfront property storing fuel oil to be used on such waterfront property, when the barge or vessel is located within the bulkhead line and the riparian ownership to the bulkhead line is under the same ownership as the waterfront property, the fuel oil is used only by the owner of such vessel or watercraft and the fuel oil is used beyond a radius of 200 feet (60 960 mm) from the waterfront. Fuel oil stored shall have the specific gravity of not more than 16 degrees Baumé. Such marine vessels and watercraft shall be located wholly within the bulkhead line and in such a position as not to constitute an encumbrance to navigation, and shall be constructed, equipped and protected against fire in compliance with the requirements of the commissioner.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters