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What is NYC MC § 1305.13.4?

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This section outlines requirements for above-ground fuel-oil storage tanks located outside buildings, including containment measures, distance regulations from property lines and other structures, and provisions for means of egress. Applies to building owners managing fuel-oil storage tanks on their properties.

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

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1305.13.4 Above ground; outside a building.

MC § 1305.13.4

Tanks located above ground, outside of buildings, shall comply with the following requirements: 1. Containment. Regardless of capacity, each fuel-oil storage tank shall be protected by an embankment or dike. Such protection shall have a capacity at least 1 1/2 times the capacity of the tank so surrounded (including the portion of the tank up to the height of the containment) and shall be at least 4 feet (1219.2 mm) high, but in no case shall the protection be higher than 1/4 the height of the tank when the height of the tank exceeds 16 feet (4876.8 mm). Embankments or dikes shall be made of earthwork with clay core, of masonry, of reinforced concrete or of steel. Earthwork embankments shall be firmly and compactly built of good earth free from stones, vegetable matter, or other similar material, and shall have a flat section of at least 3 feet (914.4 mm) at the top and a slope of at least 1 1/2 feet (457.2 mm) rise to 2 feet (609.6 mm) of run on all sides. Concrete, masonry or steel dikes shall be designed so as to contain safely all of the oil in the tank so surrounded. Embankments or dikes shall be continuous and unpierced, and the outside toe shall be located at least 5 feet (1524 mm) inside of the property line, and no less than 5 feet (1524 mm) from a driveway or parking area.

2.Distances to buildings, lot lines, and other tanks. Distances to buildings, lot lines and other tanks. Fuel oil storage tanks shall be located in accordance with the following: 2.1. Storage tanks of a capacity greater than 330 gallons (1249.2 L) shall be not less than 1 1/4 tank diameters and in no case less than 10 feet (3048 mm) from the tax lot line, the nearest building not served by such tanks or other fuel oil storage tank. However, in no case shall the clearance between individual tanks and the tax lot line be less than the distance fixed by the following formula: M.C. = 10 + 4 ((G - 330)/5,000)(Equation 13-1) where: M.C.=minimum clearance from nearest surface of tank to tax lot line, in feet.G=Capacity of tank, in gallons. 2.2. Storage tanks with a capacity of not more than 330 gallons (1249.2 L) shall be not less than 5 feet (1524 mm) from the tax lot line, the nearest neighboring building or other fuel oil storage tank.

3.Means of egress. Tanks shall be located so as not to obstruct or interfere with any means of egress.

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