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

What is NYC MC § 1305.11.1.2?

Quick Answer

This section regulates the installation of above-ground fuel-oil storage tanks on the lowest floor of buildings. It specifies maximum tank sizes and total storage limits, with exceptions for certain building types allowing larger capacities under specific conditions. Applies to building owners managing fuel-oil storage systems.

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 →

1305.11.1.2 Inside of buildings; above ground on the lowest floor.

MC § 1305.11.1.2

Fuel-oil storage tanks installed above ground on the lowest floor of a building shall be mounted on and anchored by adequate noncombustible supports. The maximum size of each individual tank shall be 660 gallons (2498.4 L), and a total of not more than 1,375 gallons (5204.9 L) shall be stored within the same 2-hour fire and smoke barrier construction. Exceptions. Fuel-oil storage tanks shall be permitted to exceed 660 gallons (2498.4 L), and the total quantity within a fire area shall be permitted to exceed 1,375 gallons (5204.9 L) in accordance with any one of the following options: 1. Buildings of Type I, II, IIIA, IV or VA construction with a total limit of 15,000 gallons (56 781.1 L). The maximum size of each individual tank shall be 15,000 gallons (56 781.1 L) provided that all such tanks are located in a room or enclosure dedicated to oil storage that is separated from the rest of the building by fire and smoke barrier construction of at least 3 hours. Notwithstanding Section 1305.11.1, in such cases, the maximum total quantity in the building shall be limited to 15,000 gallons (56 781.1 L).

2.Buildings of Type IIIB or VB construction with a total limit of 10,000 gallons (37 854.1 L). The maximum size of each individual tank shall be 10,000 gallons (37 854.1 L) provided that all such tanks are located in a room or enclosure dedicated to oil storage that is separated from the rest of the building by fire and smoke barrier construction of at least 3 hours. Notwithstanding Section 1305.11.1, in such cases, the maximum total quantity in the building shall be limited to 10,000 gallons (37 854.1 L).

3.Buildings of any type construction with a total limit of 100,000 gallons (378 541.8 L). The maximum size of each individual tank shall be 25,000 gallons (94 635.3 L) provided that all such tanks are enclosed in a vault (i) with walls, floor, and top having a fire and smoke barrier construction of not less than 3 hours, (ii) with such walls bonded to the floor, and (iii) with such top and walls of the vault independent of the building structure. An exterior building wall having a fire and smoke barrier construction of not less than 3 hours shall be permitted to serve as a wall of the vault. The vault shall be located in a dedicated room or area of the building that is cut off vertically and horizontally from other areas and floors of the building by assemblies having a fire and smoke barrier construction of not less than 2 hours. Where the aggregate fuel-oil storage on the lowest level of the building exceeds 50,000 gallons (189 270.6 L), such storage shall be protected with an alternative automatic fire-extinguishing system complying with this code and the New York City Fire Code. (Am. L.L. 2018/195, 12/1/2018, eff. 5/30/2019; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/195 and L.L. 2023/077.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 1305.11.1.2?

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