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

What is NYC FGC § 305.3?

Quick Answer

This section mandates that equipment and appliances with an ignition source must be elevated at least 18 inches above the floor in specified hazardous locations, including garages and fuel-dispensing facilities. The statute specifies that certain rooms connected to private garages are also considered part of the garage. Applies to building owners operating garages and fuel facilities.

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 →

305.3 Elevation of ignition source.

FGC § 305.3

Equipment and appliances having an ignition source shall be elevated such that the source of ignition is not less than 18 inches (457.2 mm) above the floor in hazardous locations and public garages, private garages, repair garages, motor fuel-dispensing facilities and parking garages. For the purpose of this section, rooms or spaces that are not part of the living space of a dwelling unit and that communicate directly with a private garage through openings shall be considered to be part of the private garage. Exception: Elevation of the ignition source is not required for appliances that are listed as flammable vapor ignition resistant.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 305.3?

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