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105.4.5 Inspection and testing.
The commissioner may require that, upon completion, any installation for which approved design and installation documents are required by this code or the rules be inspected and/or subjected to acceptance testing in the presence of a department representative.
105.4.6 Corrected documents.
Where field conditions necessitate any change from the approved design and installation documents, corrected design and installation documents or other documentation acceptable to the department shall be submitted.
105.4.7 Retention of design and installation documents.
One set of approved design and installation documents shall be retained by the commissioner. Approved design and installation documents, with the department stamp and/or other indicia of approval, shall be returned to the applicant, and shall be kept on the site of the building or structure or at the work site at all times and readily available for inspection by any representative of the department until the installation or other work has been inspected and/or approved by the department.
105.5 Revocation.
The commissioner may revoke a permit issued under the provisions of this code when:
1. the permit is used for a location or establishment other than that for which it was issued.
2. the permit is used for a purpose or operation other than that listed in the permit.
3. conditions and limitations set forth in the permit have been violated.
4. there has been a false statement or misrepresentation material to the issuance of the permit.
5. the party engaging in the manufacture, storage, handling, use, sale or transportation of hazardous materials or combustible materials, or conducting an operation or maintaining a facility is different from the party to whom the permit was issued.
6. the permit holder fails, refuses or neglects to timely comply with the commissioner's orders or notices of violation duly served in accordance with this code, or other law, rule or regulation enforced by the department.
7. the permit was issued in error or in violation of this code or other applicable law, rule or regulation.
8. circumstances or conditions material to the issuance of the permit applied for have changed.
9. other good cause exists.
105.6 Required permits.
The commissioner shall issue the following permits for the manufacture, storage, handling, use, transportation and sale of the following materials, the conduct of the following operations, and the design, installation, operation and maintenance of the following facilities in accordance with this code and the construction codes, including the Building Code:
Aerosol products. A permit is required to store, handle or use an aggregate quantity of Level 1, 2 or 3 aerosol products in excess of 100 pounds (45.4 kg) net weight.
Alcohol-based hand rubs. The storage, handling and use of alcohol-based hand rubs is subject to the following permit requirements:
1. A permit is required to store, handle or use flammable or combustible alcohol-based hand rubs on a premises, for use on the premises, in quantities exceeding 275 gallons (1041 L), when stored, handled or used in a portable container designed for consumer use, with a capacity not exceeding 68 fluid ounces (2.01 L), that does not require handling of the contents, including disposable wall-mounted and table-top dispensers and wall-mounted dispensers using sealed refills.
2. A flammable liquids permit or combustible liquids permit, as applicable, is required to store, handle or use flammable or combustible alcohol-based hand rubs in any tank, intermediate bulk container or stationary installation; portable container with a capacity exceeding 68 fluid ounces (2.01 L); or portable container of any size that requires handling of the contents prior to use for hand sanitizing purposes, including any pouring, pumping or other transfer of the contents to a dispenser.
Amusement buildings. A permit is required to establish and operate a special amusement building.
Asphalt melter. A permit is required to store, handle or use an asphalt melter.
Automotive salvage and wrecking facilities. A permit is required to establish and operate an automotive salvage and wrecking facility.
Auxiliary radio communication (ARC) systems. A permit is required to establish and operate a fire department in-building auxiliary radio communication system.
Aviation operations. A permit is required for the following aviation operations:
1. To operate or maintain an aircraft-fueling vehicle.
2. To operate or maintain an aircraft-fueling system.
3. To conduct a helicopter landing at other than an approved heliport, helistop or airport.
4. To conduct a helicopter lift operation.
5. To conduct a hot air balloon operation.
Cellulose nitrate film. A permit is required to store, handle or use cellulose nitrate film in the following quantities:
1. Any quantity in a Group A occupancy.
2. Quantities of 10 pounds (4.54 kg) or more in other than a Group A occupancy.
Coke-fueled salamanders. A permit is required to store, handle or use coke-fueled salamanders at a construction site.
Combustible dust-producing operations. A permit is required to establish and operate any facility that generates combustible dust, including grain handling, milling and storage, powder coating, printing, and woodworking operations.
Combustible fibers. A permit is required to store or handle combustible fibers in quantities exceeding 100 cubic feet (2.8 m
3).
Exception: A permit is not required for agricultural storage.
Combustible liquids. See "Flammable and combustible liquids."
Combustible material storage. A permit is required to store in any building, structure, premises or facility more than 2,000 cubic feet (56.6 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber (excluding tires), cork or similar combustible material, including combustible waste, or more than 1,000 pounds (454 kg) of flammable plastic foam products, regardless of volume.
Exceptions:
1. A permit is not required for such storage in buildings or structures protected throughout by a sprinkler system.
2. A permit is not required if the storage is kept exclusively in a dedicated area of a building or structure which is protected throughout by a sprinkler system and separated from the rest of the building or structure by 2-hour fire-resistance-rated construction.
Commercial kitchen. A permit is required to establish and operate a commercial kitchen. A separate permit shall be required for each kitchen or other separate cooking area that is a commercial kitchen.
Compressed gases. A permit is required to store, handle or use compressed gases in quantities exceeding those set forth in FC Table 105.6(1).
Exceptions: A permit is not required for the:
2. handling and use of medical-grade gaseous oxygen by trained and knowledgeable medical personnel engaged in providing licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis. This exception does not apply to any premises at which such gaseous oxygen is being stored.
3. handling of medical-grade gaseous oxygen by trained and knowledgeable medical personnel at any premises at which such oxygen is stored for use in the provision of licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis, but which is not used at such premises. This exception includes making connections for purposes of ascertaining the contents of the container and attaching ancillary equipment, but does not include filling, refilling or hydrostatic testing of the container.
Type of Gas | Quantity (SCF) |
Type of Gas | Quantity (SCF) |
Corrosive | 400 |
Flammable, except at construction sites | 400 |
Liquefied petroleum gas at construction sites | 170 (20 lb) |
Acetylene at construction sites | 100 |
Highly toxic | Any Quantity |
Nonflammable and nonoxidizing, except carbon dioxide | 3,000 |
Carbon dioxide, low-pressure carbon dioxide beverage dispensing systems | 3500 |
Carbon dioxide, all other | 4,500 |
Oxidizing | 504 |
Pyrophoric | Any Quantity |
Toxic | Any Quantity |
Unstable (reactive) | Any Quantity |
Water reactive | Any Quantity |
For SI: 1 cubic foot = 0.02832 m3.
Compressing gases. A permit is required to compress:
1. a flammable gas, including piped natural gas, to a pressure exceeding 6 psig (41.4 kPa).
2. a nonflammable, corrosive or oxidizing gas, including air, to a pressure exceeding 100 psig (689.5 kPa).
Exception: Outdoor air compressing at other than a fair or festival.
Cryogenic fluids. A permit is required to manufacture, store, handle or use, including dispensing, cryogenic fluids in quantities exceeding those set forth in FC Table 105.6(2).
Exceptions: A permit is not required for the:
1. storage and use of cryogenic fluids in the fuel tank of a motor vehicle, aircraft, marine vessel or watercraft for motive power or for refrigerating the cargo.
2. storage, handling or use of liquid oxygen home care containers and liquid oxygen ambulatory containers in compliance with the requirements of FC 6306 in residential dwelling units and residential health care dwelling units and sleeping rooms in Group I-1, I-4 and R occupancies.
3. handling and use of medical-grade liquid oxygen by trained and knowledgeable medical personnel engaged in providing licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis. This exception does not apply to any premises at which such liquid oxygen is being stored.
4. handling of medical-grade liquid oxygen at any premises at which such oxygen is stored by trained and knowledgeable medical personnel for use in the provision of licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis, but which is not used at such premises. This exception includes making connections for purposes of ascertaining the contents of the container and attaching ancillary equipment, but does not include filling, refilling or hydrostatic testing of the container.
Type of Cryogenic Fluid | Indoors (gallons) | Outdoors (gallons) |
Flammable | More than 1 | 10 |
Nonflammable | 60 | 100 |
Oxidizing (includes oxygen) | 10 | 50 |
Physical or health hazard not indicated above | Any Quantity | Any Quantity |
For SI: 1 gallon = 3.785 L.
Distilleries. A permit is required to establish and operate a distillery.
Dry cleaning facilities. A permit is required to establish and operate dry cleaning equipment that utilizes a Class II or Class III solvent.
Energy storage systems, stationary. A permit is required to install and operate a stationary energy storage system.
Exceptions: A permit is not required for:
1. indoor systems in Group R-3 occupancies, including an energy storage system installed in a Group R-3 dwelling or in an attached or detached garage serving such a dwelling, or mounted on an exterior wall of such a dwelling or garage.
2. outdoor systems with an aggregate rated energy capacity of 20 kWh or less.
Explosives. A permit is required to store, handle, use or sell explosives as follows:
1. Store, sell or offer for sale any quantity of black powder and smokeless powder.
2. Store, sell or offer for sale any quantity of blasting caps.
3. Store, sell or offer for sale two hundred or more shells of small arms ammunition.
4. Store, handle, use, sell or offer for sale any quantity of explosives, other than those specified in Items 1, 2 and 3 above.
Fireworks. A permit is required for each display or other event involving the handling, discharge or other use, or storage for use, of fireworks.
Flammable and combustible liquids. A permit is required:
1. to store, handle or use Class I liquids, other than paints, varnishes, lacquers, gasoline and other petroleum-based Class I liquids, in quantities exceeding 5 gallons (19 L), except that a permit is not required for the storage or use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel, or watercraft.
2. to store, handle or use amounts of gasoline and other petroleum-based Class I liquids other than paints, varnishes and lacquers, in quantities exceeding 2 1/2 gallons (9.5 L), except that a permit is not required for the storage or use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel, or watercraft.
3. to store, handle or use Class II or Class III liquids with a flash point of 300°F (149°C) or less, other than paints, varnishes and lacquers, in quantities exceeding 10 gallons (38 L), except that a permit is not required for the:
3.1. storage or use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel, or watercraft.
3.2. storage of fuel oil in stationary storage tanks in Group R-3 occupancies for use in stationary fuel oil burning equipment.
4. to store, handle or use Class I, Class II or Class III liquids having a flash point of 300°F (149°C) or less that are commonly used for painting, varnishing, staining or other similar purposes, including paint, varnish and lacquer, in quantities exceeding 20 gallons (76 L).
5. to store, handle or use petroleum-based Class III liquids with a flash point exceeding 300°F (149°C), in quantities exceeding 70 gallons (266 L), except that a permit is not required for the storage and use of such liquids in the fuel tank of a motor vehicle, aircraft, marine vessel or watercraft for motive power.
6. to operate a bulk plant or terminal or bulk transfer facility where flammable and combustible liquids are blended, produced, processed, transported, stored, dispensed or used.
7. to manufacture flammable or combustible liquids.
8. to store and/or use fuel oil stored on a barge, marine vessel or watercraft moored to or anchored at privately owned waterfront property.
9. to store and use fuel oil in quantities exceeding 10 gallons (38 L) on mobile heating and power generating trailers.
10. to store and use gasoline in quantities exceeding 2 1/2 gallons (9.5 L) in a single item of portable fueled equipment lawfully stored in accordance with FC 313 or an aggregate of 10 gallons (38 L) in all such portable fueled equipment stored at a premises.
Fleet Fueling. The transfer of Class II and III liquids directly from a cargo tank through approved dispensing equipment into the fuel tank of a motor vehicle at an approved off-street location where fleet vehicles are parked.
Floor finishing. A permit is required to conduct floor finishing or surfacing operations over an area exceeding 350 square feet (33 m2) using Class I or Class II liquids.
Fruit and crop ripening. A permit is required to establish and operate a fruit-, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.
Fumigation and insecticidal fogging. A permit is required to establish and operate a facility in which a fumigant or insecticidal fogger is used in a stationary installation.
Hazardous materials. A permit is required to store, handle or use hazardous materials in quantities exceeding those set forth in FC Table 105.6(3).
Type of Material | Quantity |
Type of Material | Quantity |
Combustible liquids | See FC 105.6 for flammable and combustible liquids |
Corrosive materials Gases Liquids Solids | |
Explosive materials | See FC 105.6 for explosive materials |
Flammable materials Gases Liquids Solids | |
Highly toxic materials Gases Liquids Solids | |
Oxidizing materials Gases Liquids Class 4 Class 3 Class 2 Class 1 Solids Class 4 Class 3 Class 2 Class 1 | See FC Table 105.6(1) Any quantity 1 gallon 10 gallons 55 gallons Any quantity 10 pounds 100 pounds 500 pounds |
Organic peroxides Liquids Class I Class II Class III Class IV Class V Solids Class I Class II Class III Class IV Class V | Any quantity Any quantity 1 gallon 2 gallons No Permit Required Any quantity Any quantity 10 pounds 20 pounds No Permit Required |
Pyrophoric materials Gases Liquids Solids | |
Toxic materials Gases Liquids Solids | |
Unstable (reactive) materials Gases Liquids Class 4 Class 3 Class 2 Class 1 Solids Class 4 Class 3 Class 2 Class 1 | See FC Table 105.6(1) Any quantity Any quantity 5 gallons 10 gallons Any quantity Any quantity 50 pounds 100 pounds |
Water-reactive Materials Gases Liquids Class 3 Class 2 Class 1 Solids Class 3 Class 2 Class 1 | |
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
Forms of Flammable Solid | Indoors (pounds) | Outdoors (pounds) |
Pigs, ingots, billets, heavy castings | 100 | 1,000 |
Light castings, light metallic products | 100 | 125 |
Scraps, shavings, powders, dusts | 1 | 100 |
Other flammable solids | 1 | 100 |
For SI: 1 pound = 0.454 kg.
Hazardous production material (HPM) facilities. A permit is required to store, handle or use hazardous production materials.
High-piled storage. A permit is required to use an area exceeding 500 square feet (46 m2) in a building or structure or part thereof as a high-piled storage area.
Hot work operations. A permit is required to conduct hot work, including the following types of hot work:
1. use of a flammable gas with oxygen.
2. use of flammable gas without oxygen at a construction site where a Department of Buildings work permit is required.
3. use of electric arc equipment at a construction site where a Department of Buildings work permit is required.
4. use of any open flame in a torch-applied roof system.
5. public demonstration of hot work, other than in an accredited educational institution or program.
Hydrogen fuel gas room. A permit is required to establish and operate a hydrogen fuel gas room for the generation, storage, handling and use of gaseous hydrogen.
Industrial furnaces. A permit is required to install and operate an industrial furnace regulated by FC Chapter 30.
Liquefied petroleum gas (LPG). A permit is required to store, handle or use LPG in quantities exceeding those set forth in FC Table 105.6(1).
Exceptions: A permit is not required for:
1. stationary LPG installations in Group R-3 occupancies.
2. the storage and use of LPG in the fuel tank of a motor vehicle, aircraft, marine vessel or watercraft for motive power.
Lumber yards. A permit is required to store lumber exceeding 100,000 board feet (8,333 ft3) (236 m3).
Methane recovery. A permit is required for the recovery of methane from landfills and related processing.
Motor fuel-dispensing facilities. A permit is required to establish and operate the following types of motor fuel-dispensing facilities:
1. Fleet motor fuel-dispensing facilities.
2. Full-service motor fuel-dispensing facilities.
3. Self-service motor fuel-dispensing facilities.
Natural gas liquefaction facility. A permit is required to establish and operate a natural gas liquefaction facility.
Non-production chemical laboratory units. A permit is required to store, handle or use hazardous materials in a laboratory unit in quantities exceeding 1 gallon (3.8 L) of flammable liquid, 1 gallon (3.8 L) of combustible liquid or 75 SCF (2.12 m3) of flammable gas.
Non-tobacco hookah establishments. A permit is required to establish and operate a non-tobacco hookah establishment pursuant to Chapter 5 of Title 17 of the Administrative Code and FC 310.7.
Open flames. A permit is required to use open flames:
1. in any public assembly occupancy.
2. in any other place of public gathering.
3. in a covered mall building.
Organic coatings. A permit is required to conduct an organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day.
Places of assembly. A permit is required to establish and operate a place of assembly. The term of such permit shall be for a period not to exceed 1 year.
Portable fueled space heaters. A permit is required to store, handle or use portable fueled space heaters that are fueled:
1. by a combustible liquid.
2. by compressed natural gas (CNG).
3. by liquefied petroleum gas (LPG).
4. by piped natural gas, except in Group R-3 occupancies.
Pyrotechnic material. A permit is required to store, handle or sell, including storage for sale, any quantity of pyrotechnic materials, articles and devices, other than pyrotechnic materials, articles and devices used solely for a purpose other than to create a special effect.
Pyroxylin plastics. A permit is required to store, handle and/or use pyroxylin plastics as follows:
1. To store, handle and/or use raw pyroxylin plastic in quantities exceeding 25 pounds (11 kg).
2. To use any quantity of raw pyroxylin plastic for the assembly or manufacture of articles.
Refrigerating system. A permit is required to install and operate a refrigerating system that uses a group A1, A2, A3, B1, B2 or B3 refrigerant or that is mounted on or suspended from a roof or ceiling.
Exceptions:
1. A refrigerating system of less than five horsepower that uses a group A1 refrigerant and that is not mounted on or suspended from a roof or ceiling.
2. A refrigerating system installed in the residence portion of any building, installed in motor vehicles, aircraft, marine vessels, watercraft or tank cars, or employing water or air as a refrigerant.
Repair garages. A permit is required to establish and operate a repair garage.
Special effects. A permit is required for the conduct of a special effects display, and all related storage, handling, use and transportation of pyrotechnic special effects materials and/or non-pyrotechnic special effects materials.
Spraying or dipping. A permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of powder coatings regulated by FC Chapter 24.
Sulfur. A permit is required to store, handle or use sulfur in quantities exceeding 200 pounds (90.8 kg).
Tar kettles. A permit is required to store, handle or use a tar kettle.
Tire-rebuilding plants. A permit is required to establish and operate a tire-rebuilding plant.
Tires, scrap tires and tire byproducts. A permit is required to store tires, scrap tires and tire byproducts, except tires mounted on vehicles, in quantities exceeding:
1. twenty-five hundred cubic feet (71 m3) of total volume of scrap tires or one thousand tires, whichever is less, either outdoors, or in buildings of noncombustible construction that are protected throughout by a sprinkler system.
2. two hundred fifty cubic feet (7.1 m3) of total volume of scrap tires or one hundred tires, whichever is less, in buildings of combustible construction, or in buildings of noncombustible construction that are not protected throughout by a sprinkler system.
Transportation of hazardous materials. A permit is required to transport hazardous materials:
1. in or on a marine vessel or watercraft transporting upon the navigable waters within the city, any quantity of explosives for delivery at a wharf, pier, bulkhead, or other structure over or contiguous to such navigable waters, or to a marine vessel or watercraft lying thereto, in excess of the quantity required for the vessel or craft's own use.
2. in connection with a business or operation requiring a permit or certificate of fitness under this code, including any New York City-based business or operation engaged in the transportation or delivery of hazardous materials, in or on a:
2.1. motor vehicle transporting a flammable liquid in a quantity exceeding 1,000 pounds (454 kg) aggregate gross weight, except vehicles transporting paint products prominently labeled as such in accordance with applicable laws, rules and regulations.
2.2. motor vehicle transporting a combustible liquid in a quantity exceeding 1,000 pounds (454 kg) aggregate gross weight, except vehicles transporting paint products prominently labeled as such in accordance with applicable laws, rules and regulations.
2.3. motor vehicle transporting a compressed gas in any quantity exceeding the limits set forth in FC Table 105.6(1) or 105.6(2).
2.4. motor vehicle transporting any quantity of explosives, except small arms ammunition.
Exceptions: A permit is not required for:
1. the transportation of hazardous materials for transshipment when transported in a motor vehicle operated in compliance with the route and time requirements of FC 5007.11 and the rules.
2. the storage and use of hazardous materials in the fuel tank of a motor vehicle, marine vessel or watercraft for motive power.
3. hazardous materials on motor vehicles, marine vessels or watercraft used for refrigerating the cargo.
4. the transportation by motor vehicle of medical-grade gaseous or liquid oxygen by trained and knowledgeable medical personnel engaged in providing licensed health care at patient locations citywide, outside of health care facilities, on a citywide response basis.
(Am. L.L. 2017/187, 10/16/2017, eff. 4/14/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/187.
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