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

What is NYC FC § 5704.3.4.1?

Quick Answer

This section establishes the maximum allowable quantities of flammable and combustible liquids for various occupancy types, including Group M wholesale and retail sales uses. It specifies limits based on control areas and includes additional conditions for storage of hazardous materials. Applies to property operators managing indoor storage of flammable liquids.

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 →

5704.3.4.1 Maximum allowable quantity per control area.

FC § 5704.3.4.1

For occupancies other than Group M wholesale and retail sales uses, indoor storage of flammable and combustible liquids shall not exceed the maximum allowable quantities per control area indicated in FC Table 5003.1.1(1) and shall not exceed the additional limitations set forth in this section. For Group M occupancy wholesale and retail sales uses, indoor storage of flammable and combustible liquids shall not exceed the maximum allowable quantities per control area indicated in FC Table 5704.3.4.1, except that no gasoline or flammable liquid motor fuel may be stored in portable containers for wholesale or retail sale. Storage of hazardous production material flammable and combustible liquids in Group H-5 occupancies shall be in accordance with FC Chapter 27. FC Table 5704.3.4.1Maximum Allowable Quantity of Flammable and Combustible Liquids in Wholesale and Retail Sales Uses per Control Area a Type of LiquidMaximum Allowable Quantity Per Control Area (gallons)Sprinklered b per footnote densities and arrangementsSprinklered perFC Tables 5704.3.6.3(4) through 5704.3.6.3(8) and FC Table 5704.3.7.5.1 and the construction codes, including theBuilding CodeNonsprinkleredClass IA606030Class IB, IC, II and IIIA7,500 c15,000 c1,600Class IIIBUnlimitedUnlimited13,200 For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2, 1 gallon = 3.785 L, 1 gallon per minute per square foot = 40.75 L/min/m2. a. Control areas shall be separated from each other by not less than a 1-hour fire barrier wall. b. To be considered as sprinklered, a building shall be protected throughout by a sprinkler system with a design providing minimum densities as follows: 1. For uncartoned commodities on shelves 6 feet or less in height where the ceiling height does not exceed 18 feet, quantities are those allowed with a minimum sprinkler design density of Ordinary Hazard Group 2.

2.For cartoned, palletized or racked commodities where storage is 4 feet 6 inches or less in height and where the ceiling height does not exceed 18 feet, quantities are those allowed with a minimum sprinkler design density of 0.21 gallon per minute per square foot over the most remote 1,500-squarefoot area. c. Where wholesale and retail sales or storage areas exceed 50,000 square feet in area, the maximum allowable quantities are allowed to be increased by 2 percent for each 1,000 square feet of area in excess of 50,000 square feet, up to a maximum of 100 percent of the table amounts. A control area separation is not required. The cumulative amounts, including amounts attained by having an additional control area, shall not exceed 30,000 gallons.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 5704.3.4.1?

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