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(a) Scope. This section sets forth standards, requirements and procedures applicable to the storage, handling and use of LPG. This section shall not apply to the following operations:
(1) The outdoor storage, handling and use of LPG for private, non-commercial barbecues within the lot line of a Group R-3 occupancy, the requirements for which are subject to the provisions of FC 307.5.
(2) The storage, handling and use of LPG in connection with special effects, the requirements for which are set forth in FC 3309 and the rules.
(3) The transportation of LPG, the requirements for which are set forth in .
(b) General Provisions.
(1) General LPG requirements. The provisions of this section shall be applicable to all LPG materials, operations and/or facilities as follows:
(A) All LPG storage, handling and use governed by this section shall comply with the design and installation document, permit, supervision, and general storage, handling and use, requirements set forth in 3 RCNY § 6109-01(c), (d), (e) and (f).
(B) Outdoor and indoor LPG storage shall be in facilities that comply with the requirements for such facilities set forth in 3 RCNY § 6109-01(g) and (h).
(C) Stationary LPG installations shall comply with the requirements for such installations set forth in 3 RCNY § 6109-01(i).
(D) LPG storage, handling and use for the special applications set forth in 3 RCNY § 6109-01(j) (on construction sites, for emergency indoor repairs, for manhole operations, on motor vehicles, for mobile cooking uses, in commercial establishments, on moored vessels, at street fairs, bazaars, carnivals, concerts, festivals and similar outdoor public gatherings, for hot air balloon operations, and in Group A occupancies and similar public gathering places) shall additionally comply with the applicable requirements of 3 RCNY § 6109-01(j).
(2) Special LPG authorizations. This section authorizes the following storage, handling and/or use of LPG that is prohibited by FC 6105.3 except as authorized by the Commissioner:
(A) storage, handling and use of LPG below grade for emergency indoor repairs, as set forth in 3 RCNY § 6109-01(j);
(B) storage, handling and use in, and bringing or allowing into, residential occupancies or on lots containing a building used for a residential occupancy, of LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.), as set forth in 3 RCNY § 6109-01(j);
(C) storage, handling and use in, and bringing or allowing into, any non-residential building, of LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.), as set forth in 3 RCNY § 6109-01(h) and (j);
(D) handling and use on the roof of any building of LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.), as set forth in 3 RCNY § 6109-01(j);
(E) reserved;
(F) storage, handling and use of LPG for space heating or water heating, as set forth in 3 RCNY § 6109-01(j);
(G) withdrawing of LPG in liquid form from an LPG container for hot air balloon operations, as set forth in 3 RCNY § 6109-01(j); and
(H) use of nonmetallic pipe, tubing and components for devices, equipment and systems utilizing LPG, as set forth in 3 RCNY § 6109-01(j).
(c) Design and Installation Documents.
(1) When required. All indoor and outdoor LPG storage shall be in storage facilities approved by the Department. All LPG storage, handling and use for stationary LPG installations shall be for installations approved by the Department. Design and installation documents for such storage facilities and stationary installations shall be submitted to the Department for review and Department approval obtained prior to any LPG storage or use.
(2) Applications. Applications for design and installation document approval shall be made by or on behalf of the person who will be storing, handling or using the LPG, and submitted to the Bureau of Fire Prevention at Fire Department Headquarters prior to any LPG storage, handling or use. Applications for LPG installations other than on construction sites shall include a copy of the altered building application or other documentation filed with and approved by the Department of Buildings or other agency having jurisdiction over the installation.
(3) Upon completion of any stationary LPG installation, an affidavit executed by the installer or plumber responsible for the installation shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters certifying that the installation conforms to the requirements of this section and FC Chapter 61.
(d) Permits.
(1) Number of containers requiring a permit. Pursuant to FC 105.6, an LPG permit shall be obtained for the storage, handling or use of more than 400 SCF of LPG. Table 1 (3 RCNY § 6109-01) sets forth the number of LPG containers, by container capacity, requiring a permit pursuant to such section.
Table 1 (3 RCNY § 6109-01)
LPG Container Capacity | Number of Containers Requiring Permit |
14.1 oz. |
54 |
16.4 oz | 46 |
20 lbs. | 3 |
33 1/2 lbs | 2 |
40 lbs. | 2 |
100 lbs. | 1 |
(2) Applications. Applications for issuance of an LPG permit shall be made by or on behalf of the person who will be storing, handling or using the LPG, except as otherwise provided in 3 RCNY § 6109-01(d)(3). Applications shall be submitted to the Bureau of Fire Prevention at Fire Department Headquarters prior to any LPG storage, handling or use.
(3) Street fairs. An LPG permit shall be obtained from the Department for the storage, handling or use of LPG in conjunction with any street fair, bazaar, carnival, concert, festival or similar outdoor public gathering, as set forth in FC 105.6 and 3 RCNY § 403-01. Application for such LPG permit shall be made by the sponsor or promoter of the event.
(4) Availability of piped natural gas. An LPG permit will not be issued by the Department for a stationary LPG installation located in an area where access to piped natural gas is available, except as provided in 3 RCNY § 6109-01(k). Any LPG storage and use pursuant to a permit issued after March 1, 2000 for a stationary LPG installation located in an area where access to piped natural gas is not available shall be discontinued and all LPG containers removed from the premises within five years of the date such access becomes available, and no such permit shall be renewed beyond such five-year period.
(e) Supervision.
(1) The storage, handling and use of LPG shall be supervised as set forth in FC 3801.5 and this section.
(2) The connecting and disconnecting of LPG containers with a capacity equal to or greater than sixteen and four tenths ounces (16.4 oz.) shall be performed by a certificate of fitness holder. When such connecting and disconnecting is performed by a LPG supplier or distributor a card or tag shall be conspicuously posted at the premises identifying the name and address of the supplier or distributor, the name of the certificate of fitness holder, and the number and expiration date of the certificate of fitness.
(f) General Storage, Handling and Use Requirements.
(1) Except as otherwise provided in this section, LPG shall be stored, handled and used in compliance with the requirements of NFPA 58.
(2) All appliances, equipment and components used for the storage or use of LPG shall be approved or listed by a nationally recognized testing laboratory.
(3) All equipment and appliances used for the storage or use of LPG shall be maintained and operated in accordance with the manufacturer's specifications.
(4) Only metallic pipe, tubing and components shall be used for LPG installations, appliances and equipment, except as provided in 3 RCNY § 6109-01(j)(2)(E), (j)(3)(B), (j)(4)(D), (j)(9)(D) and (j)(10)(K). Where use of nonmetallic hoses is allowed by this section, such hoses shall be protected from twisting, abrasion and damage by proper installation and maintenance.
(5) For installations approved on or after March 1, 2000 under the 1968 Building Code, storage and use of LPG in quantities exceeding 2,500 standard cubic feet of gas (approximately 300 pounds) constitutes a high hazard occupancy as set forth in Article 3 of Subchapter 3 of the 1968 Building Code. Any such quantities of LPG shall be stored and used in compliance with the 1968 Building Code requirements applicable to high hazard occupancies.
(6) LPG containers shall be stored in an upright position and secured to prevent movement.
(7) LPG containers shall not be stacked or stored on shelves.
(8) All connection and disconnection of LPG containers for use shall be performed outdoors, except as otherwise authorized by this section. Where LPG use is allowed indoors, all connection and disconnection of LPG containers shall be performed in a well-ventilated area.
(9) LPG containers connected for use shall be adequately supported and braced in an upright position, except when used to power forklifts or other material handling equipment, when they shall be installed in accordance with the manufacturer's specifications.
(10) LPG containers connected for use shall be placed on a firm and noncombustible foundation.
(11) LPG appliances, equipment and components shall be maintained at all times in a gas-tight condition. Any appliance, equipment or component which is not in a gas-tight condition shall be removed from use and promptly repaired or lawfully disposed of.
(12) Each time a connection is made to a LPG container, or a leak is suspected, the connection shall be tested by the application of a soap solution or its equivalent to joints, valves and fittings. Open flames shall not be used to test connections or leaks.
(13) LPG containers shall be protected at all times from the effects of weather and physical damage.
(14) LPG shall be stored and used only if all safety devices on the appliances and equipment are in good working order. Such devices shall not be disconnected or defeated. Any appliance or equipment with a safety device that is not in good working order shall be removed from use and promptly repaired, or disposed of in a lawful manner.
(15) Any empty LPG container that at any time previously has been filled with LPG shall be treated as though it contains LPG, and shall be stored and used in the same manner as a full LPG container, including storage in a storage facility in accordance with this section. Damaged or otherwise unusable LPG containers shall be promptly removed from the premises and disposed of in a lawful manner.
(16) Warning signs complying with OSHA requirements, as set forth in § 1910.145(D) of Part 1910 of Title 29 of the Code of Federal Regulations, shall be conspicuously posted at each LPG installation, storage location or use site. Such signs shall be at least ten (10) inches by fourteen (14) inches in size and shall bear the wording "DANGER-FLAMMABLE GAS-KEEP FIRE OR FLAME AWAY-NO SMOKING" in lettering at least two (2) inches high. The word "Danger" shall be in white on a red oval bordered in white which shall be on a black background at the upper part of the sign. The other required wording shall be in black on a white background in the lower part of the sign.
(17) LPG containers shall not be moved unless the container's valves are closed, except when the container is mounted on a motor vehicle to store LPG for use as a fuel for motive power.
(18) LPG containers shall not be rolled or dragged on their side or rims. LPG containers shall only be moved by lifting and lowering, by hand or with equipment designed for such purposes.
(19) LPG containers shall not be dropped or thrown from any height.
(20) LPG containers with a capacity of 20 pounds shall be provided with transportation plugs that secure gas-tight the container's outlet valve connection.
(g) Outdoor Storage Facilities.
(1) Except as otherwise provided herein, all LPG containers shall be stored outdoors in a storage facility that conforms to the requirements of 3 RCNY § 6109-01(g). In addition to compliance with the requirements of FC 2703.12 and 6109.12, and FC Table 6109.12, all outdoor LPG storage facilities shall be:
(A) not more than 54 square feet in area;
(B) protected from vehicle impact;
(C) protected from theft, tampering or unauthorized use by a metal open fence enclosure at least six (6) feet in height, secured by a locked gate opening outward, or by a lockable ventilated metal locker of a type for which a certificate of approval has been issued. Such fence enclosure or locker shall be mounted on and secured to a substantial concrete pad at grade level, which pad shall be constructed to prevent accumulation of rain and snow;
(D) located in a well ventilated area. There shall be a minimum clearance of ten (10) feet from any surrounding walls more than eight (8) feet high on at least three sides of the outdoor storage facility;
(E) directly accessible from the street. LPG containers being delivered to or taken from an outdoor storage location shall not be brought into or through any building or other structure; and
(F) provided with a portable fire extinguisher with at least a 10-B:C rating. Such portable fire extinguisher shall be located in a protective enclosure affixed to the outside of the storage facility or placed at another readily accessible location not more than 30 feet from the storage facility.
(2) No more than 2,500 SCF of LPG (approximately 300 pounds) shall be stored in a pre-existing outdoor LPG storage facility unless such facility complies with the current Fire Code and rule requirements.
(3) No outdoor storage facility shall be located on a lot containing any building used for residential purposes.
(4) No outdoor storage facility shall be located within:
(A) ten (10) feet of the nearest lot line, sidewalk or building on an adjoining lot, except as follows:
(1) 50 feet of any building occupied as a multiple dwelling; and
(2) 100 feet of the lot line of any property occupied for educational, health care or religious purposes;
(B) ten (10) feet of any authorized parking for motor vehicles;
(C) ten (10) feet of any combustible material;
(D) 15 feet of any vent or fill line of any flammable liquid or combustible liquid storage tank; and
(E) 20 feet of any aboveground flammable liquid or combustible liquid storage tank.
(h) Indoor LPG Storage.
(1) Except as provided in 3 RCNY § 6109-01(k), indoor storage of any LPG container with a capacity greater than sixteen and four tenths ounces (16.4 oz.) is prohibited in any residential occupancy and in any building where an outdoor location for such LPG container is available.
(2) All indoor storage of LPG containers with an individual capacity greater than sixteen and four tenths ounces (16.4 oz.) authorized by this section shall be stored in a separate room that conforms to the requirements of 3 RCNY § 6109-01(h). Any such room shall be:
(A) constructed in compliance with the Construction Codes, including the Building Code;
(B) constructed of walls, floors and ceilings having at least a two (2) hour fire resistance rating;
(C) constructed with an access door that opens directly to the outdoors;
(D) used for no other purpose; and
(E) provided with a portable fire extinguisher with at least a 10-B:C rating. Such portable fire extinguisher shall be affixed to the outside of the storage room or placed at another readily accessible location not more than 30 feet from the room entrance.
(3) No such room shall:
(A) be located at the property line adjoining a multiple dwelling, building occupied for educational, health care or religious purposes, place of public assembly, or other place of public gathering; and
(B) have ventilation openings located within five (5) feet of any building opening, including any doors, openable windows and intake and exhaust vents.
(4) All delivery and pick-up of containers to or from an indoor LPG storage facility shall be through the outdoors access door only, not through the building.
(i) Stationary LPG Installations. In addition to complying with the requirements of FC 2703.12 and 6109.12, and FC Table 6109.12, stationary LPG installations shall comply with the following requirements:
(1) All LPG containers connected for use in a stationary installation shall be stored outdoors.
(2) A single, accessible, safely-located, and conspicuously-marked shutoff valve shall be provided wherever LPG piping enters a building or structure.
(3) A single, accessible, safely-located and conspicuously-marked shutoff valve shall be provided for each appliance connected to a LPG container.
(4) All new and repaired LPG piping shall be tested at one and one half (1 1/2) times normal working pressure but not less than three (3) psig, using air or inert gas. There shall be no drop in the shut-in pressure for a period of 30 minutes.
(5) When LPG is piped indoors, a sign at least ten (10) inches high and fourteen (14) inches wide shall be conspicuously posted at the entrance to the building and shall bear the wording "Danger-LPG Piping".
(6) Metal pipe straps, hangers, or band shall be suitable for the size of pipe and of such strength and quality that the piping cannot be accidentally dislodged. Spacing of hangers shall not exceed six (6) feet for one half (1/2) inch pipe, eight (8) feet for three quarter (3/4) and one (1) inch pipe, and ten (10) feet for one and one quarter (1 1/4) inch or larger pipe.
(7) No LPG container connected for use shall be located within:
(A) 50 feet of any building occupied as a multiple dwelling;
(B) 100 feet of the lot line of any property occupied for educational, health care or religious purposes;
(C) ten (10) feet of any combustible material; or
(D) 20 feet of any aboveground flammable liquid or combustible liquid storage tank.
(8) A portable fire extinguisher with at least a 10-B:C rating shall be provided whenever LPG is connected for use. The maximum travel distance to the portable fire extinguisher shall be 30 feet from the work location.
(j) Special Storage and Use Requirements.
(2) Construction sites.
(A) A site-specific permit shall be obtained for LPG storage, handling and use on a construction site, except that a city-wide LPG permit may be obtained for tar kettle and torch operations where no reserve storage is needed and LPG containers are removed from the site at the end of each workday, and the construction work requiring LPG use is to be completed within thirty (30) days of commencement.
(B) Except as provided in 3 RCNY § 6109-01(j)(2)(D), all LPG for use on construction sites shall be stored in outdoor storage facilities that comply with the requirements of 3 RCNY § 6109-01(g)(1)(B), (C) and (D). No construction site shall store more than 5,000 pounds of LPG. No construction site storage facility shall:
(1) have a capacity exceeding 2,500 pounds of LPG in any single storage facility;
(2) be within 50 feet of any other LPG storage facility;
(3) be within 25 feet of the building under construction;
(4) be within 50 feet of any aboveground flammable liquid or combustible liquid storage tank;
(5) be within 50 feet of any combustible material;
(6) be within 50 feet of any building occupied as a multiple dwelling;
(7) be within 100 feet of any subway entrance, exit, vent or other opening; and
(8) be within 100 feet of the lot line of any property occupied for educational, health care or religious purposes, place of public assembly, or other place of public gathering.
(C) Each construction site storage facility shall be provided with a wheeled type portable fire extinguisher with at least a 40-B:C rating. Such portable fire extinguisher shall be kept outside of the storage facility or placed at another readily accessible location not more than 30 feet from the storage facility.
(D) LPG containers may be stored inside an unoccupied building under construction where no allowable outdoor location is available, provided that such containers are stored on the ground floor at a location acceptable to the Department that is as far as possible but in no event less than ten (10) feet from any flue, stairwell, or elevator shaft, and the amount of LPG so stored is acceptable to the Department but in no event exceeds a total of 1,250 pounds. LPG containers may be stored at one (1) additional location on the ground floor of the same building if a minimum separation distance of 70 feet between storage locations can be provided and maintained. The amount of LPG stored at such additional location shall not exceed 1,250 pounds.
(E) Pursuant to FC 3805.3(14) and 3 RCNY § 6109-01(b)(2)(H), nonmetallic hose may be used at a construction site where:
(1) The construction activity does not allow use of a stationary LPG appliance, necessitating a flexible connection between the appliance and the LPG container;
(2) The length of the hose does not exceed 30 feet; and
(3) The hose is designed for a working pressure of not less than 250 psi when the construction activity is being performed outdoors, or 350 psi when it is being performed indoors.
(F) Tar kettle and torch operations.
(1) LPG heaters for tar kettles shall be operated under the personal supervision of a certificate of fitness holder.
(2) All torch operations shall be performed by a certificate of fitness holder.
(3) It shall be unlawful for any person to operate, maintain or use a kindled tar kettle or torch in or on the roof of any building, except that torches may be used for emergency indoor repairs in accordance with 3 RCNY § 6109-01(j)(3) and may be used on the roof of any building having a roof of noncombustible construction.
(4) Fire guards holding a certificate of fitness shall be on continuous duty during any torch operations on the roof of a building. There shall be one (1) fire guard on the roof for each torch operator, and there shall be at least one (1) fire guard on the floor or level below the torch operation. Such fire guards shall not be assigned any duties other than to remain alert and guard against fire and shall be alert to sparks, the transmission of heat, and the potential ignition of combustible material. Such fire guards shall be responsible for ensuring that fire extinguishing equipment is readily accessible from the time torch operations are commenced until an hour after such operations are completed.
(5) A fire guard holding a certificate of fitness shall inspect all areas exposed to the effects of torch operations after the completion of torch operations for the purpose of detecting fires. The first inspection shall be conducted one-half (1/2) hour after completion of torch operations; the second inspection one (1) hour after completion of torch operations. The fire guard shall prepare and sign an inspection report confirming the safe condition of the premises. Such report shall be submitted to and retained by the person in charge of the torch operations.
(6) A portable fire extinguisher with at least a 2-A:20-B:C rating shall be provided for each torch.
(7) All movement of LPG containers within a building shall be performed in the following manner:
(a) Transportation plugs shall be installed on the LPG containers to secure gas-tight the outlet valve connection.
(b) LPG containers at all times shall be moved under the personal supervision of a certificate of fitness holder. At no time shall the containers be left unattended.
(c) LPG containers with a capacity of more than 20 pounds shall be moved to another floor of the building only by freight elevator, construction elevator, or passenger elevator when approved, and such elevator shall be occupied only by those persons engaged in moving the containers. LPG containers with a capacity of 20 pounds or less shall be moved in the same manner, except that they may be moved in building stairwells if such stairwells are unoccupied.
(G) Asphalt melters.
(1) LPG-fueled asphalt melters shall be stored, handled, used and maintained in the same manner as LPG-fueled tar kettles, in compliance with the provisions of FC 303 and 3 RCNY § 6109-01(j)(2)(F), except as otherwise provided in 3 RCNY § 6109-01(j)(2)(G)(5) with respect to use of an LPG-fueled asphalt melter on a roof.
(2) LPG-fueled asphalt melters shall be designed to utilize indirect heating and an enclosed flame, and shall be provided with a thermostatic control and an automatic shut-off to limit the temperatures to which the asphalt may be heated. Such melters shall be operated so as to limit the heating of the asphalt to a temperature not exceeding 425°F, or 50°F below the flash point of the asphalt, whichever is lower.
(3) Asphalt melter covers shall be automatic-closing by approved devices designed to operate in the event of fire.
(4) Only one (1) LPG container with a maximum capacity of 100 pounds of LPG may be connected to an LPG-fueled asphalt melter.
(5) LPG-fueled asphalt melters may be used on the roof of any building having a roof of noncombustible construction, provided that they are designed and operated in compliance with the following requirements:
(a) LPG-fueled asphalt melters used on roofs shall have a design capacity of not more than 200 gallons of asphalt, or such lesser amount as may be safely supported by the roof structure.
(b) Not more than two (2) such asphalt melters may be brought onto or operated on a roof at a time.
(c) The certificate of fitness holder responsible for the personal supervision of such asphalt melters shall be provided with a cellular phone or other means of communication for immediate notification to the Department of a fire or other emergency.
(d) Only LPG containers connected for use shall be kept on the roof.
(H) Curing and drying applications.
(1) The use of LPG for curing concrete, drying plaster and similar applications shall be prohibited in any occupied building, any location within 50 feet of an occupied building, and any location within 100 feet of the lot line of any property occupied for educational, health care or religious purposes, a place of public assembly, or other place of public gathering.
(2) The use of LPG for curing concrete, drying plaster and similar applications shall be under the personal supervision of a certificate of fitness holder. The certificate of fitness holder shall inspect the area where LPG containers and heaters are in use on not less than an hourly basis. The results of each inspection shall be recorded in a log book which shall be maintained on the premises and made available for inspection by any Department representative.
(3) Heaters used for curing concrete, drying plaster and similar applications shall be placed at least six (6) feet from any LPG container or combustible material, and ten (10) feet from any tarpaulin cover. Such heaters shall only be used in a well-ventilated area and shall not be placed on unprotected wood flooring.
(4) Pursuant to FC 3805.3(14) and 3 RCNY § 6109-01(b)(2)(H), nonmetallic hose may be used at a construction site where flexibility is required for such operation, provided that:
(a) The length of the hose is as short as practical, but in no circumstance exceeds 30 feet; and
(b) The hose shall be fabricated of materials that are resistant to the action of LPG both as liquid and vapor and designed for a working pressure of 350 psi.
(5) LPG/heater assemblies shall be provided with a portable fire extinguisher with at least a 20-B:C rating located not more than 30 feet away. A travel distance of up to 50 feet may be allowed if a portable fire extinguisher with at least a 40-B:C rating is provided.
(3) Emergency indoor repairs.
(A) Pursuant to FC 3805.3(5) and (6), and 3 RCNY § 6109-01(b)(2)(B) and (C), LPG equipment and containers may be used indoors, except in an occupied place of public assembly, for the purpose of performing emergency repairs. Such LPG use shall be subject to the following requirements:
(1) LPG use at the work site shall be limited to two (2) LPG containers, each with a capacity not greater than 20 pounds;
(2) LPG containers with a capacity greater than sixteen and four tenths ounces (16.4 oz.) shall not be left unattended;
(3) All LPG use shall be under the personal supervision of a certificate of fitness holder; and
(4) All LPG containers shall be removed from inside the building at the end of the work day.
(B) Pursuant to FC 3805.3(14) and 3 RCNY § 6109-01(b)(2)(H), nonmetallic hose may be used for emergency indoor repairs where the nature of the repair work requires a flexible connection between the appliance and the LPG container provided that;
(1) The length of the hose does not exceed six (6) feet; and
(2) The hose is designed for a working pressure of not less than 350 psi.
(C) Pursuant to FC 3805.3(2) and 3 RCNY § 6109-01(b)(2)(A), a single LPG container with a capacity not greater than 16.4 ounces may be used below grade for emergency indoor repairs, provided that the container is not left unattended.
(4) Manhole operations.
(A) LPG containers and heaters shall not be brought into manholes or located within six (6) feet of manholes.
(B) LPG storage, handling and use at each manhole work site shall be limited to two LPG containers, each with a capacity not greater than 33 1/2 pounds. Such LPG containers shall be removed from the work site at the end of each work day unless they are stored in a tool cart that:
(1) is constructed of steel;
(2) has a door at least one-quarter (1/4) inch thick that is locked at all times;
(3) has not less than 100 square inches of fixed ventilation at the bottom with a suitable screen as a flash arrestor;
(4) has six-inch placards bearing United States Department of Transportation designation "1075" permanently affixed to two opposite exterior walls of the tool cart;
(5) has "No Smoking" signs permanently affixed to the tool cart in a conspicuous location;
(6) has the LPG containers positioned within the cart such that container shut-off valves are unobstructed and readily accessible; and
(C) All LPG use shall be under the personal supervision of a certificate of fitness holder.
(D) Pursuant to FC 3805.3(14) and 3 RCNY § 6109-01(b)(2)(H), nonmetallic hose may be used for manhole operations where the task does not allow use of a stationary LPG appliance, necessitating a flexible connection between the appliance and the LPG container, provided that;
(1) The length of the hose does not exceed 30 feet; and
(2) The hose is designed for a working pressure of not less than 250 psi.
(5) Motor vehicles equipped with LPG containers.
(A) Motor vehicles equipped with LPG containers for use on the motor vehicle shall not be left unattended on any street, highway, avenue or alley; in any congested area; within 50 feet of the property line of any multiple dwelling, building occupied for educational, health care or religious purposes, place of public assembly, or any other place of public gathering; or within 50 feet of any subway entrance, exit, vent or other opening.
(B) LPG storage and use on any vehicle for the purpose of marking traffic lanes shall be limited to four (4) LPG containers.
(C) Forklifts, tractors and similar powered industrial trucks equipped with LPG containers shall comply with the following requirements:
(1) LPG storage and use on such powered industrial trucks shall be limited to one (1) LPG container with a capacity not greater than 40 pounds.
(2) Whenever LPG containers are installed in a horizontal position, the container shall be of such a design that the pressure relief valve will discharge vapor.
(3) All such powered industrial trucks shall be stored and used in locations with adequate ventilation.
(4) Storage and use of such powered industrial trucks below grade, including in a basement or cellar, is prohibited.
(5) Such powered industrial trucks shall not be parked, or the LPG containers replaced, near open flames or other heat or ignition sources, or near open pits, underground entrances, elevator shafts, or similar areas.
(6) Every powered industrial truck shall be provided with a portable fire extinguisher with at least a 2-B:C rating.
(6) Mobile cooking uses. Mobile food units, as that term is defined in 24 RCNY Health Code § 89.01(c) (including but not limited to motor vehicles, pushcarts and stands) that are equipped with LPG containers for cooking purposes shall comply with the following requirements:
(A) LPG storage and use shall be limited to two (2) LPG containers on all types of mobile food units. LPG containers on mobile food units that are not motor vehicles shall have a container capacity of not more than 20 pounds each.
(B) No flammable liquid or combustible liquid shall be used for cooking or any other purpose on any mobile food unit.
(C) No mobile food unit shall store or use LPG for cooking or any other purpose within:
(1) two (2) feet of any combustible material;
(2) two (2) feet of any building, except as follows:
(a) five (5) feet of any below-grade building opening, including any door, openable window or intake or exhaust vent;
(b) ten (10) feet of any building of wood frame construction;
(c) 20 feet of any building entrance; and
(d) ten (10) feet of any building occupied as a multiple dwelling, or any building occupied for educational, health care or religious purposes, a place of public assembly, or other place of public gathering;
(3) five (5) feet of any flammable gas storage, including another mobile food unit equipped with LPG containers;
(4) five (5) feet of any subway vent or other opening, except a subway entrance or exit;
(5) ten (10) feet of any subway entrance or exit; and
(6) ten (10) feet of any vent or fill line of any flammable liquid storage tank.
(D) All mobile food units that are motor vehicles shall also comply with the restrictions applicable to vehicles equipped with LPG containers set forth in 3 RCNY § 6109-01(j)(5)(A).
(E) LPG container valves shall be closed when the mobile food unit or its cooking equipment is not in use.
(F) Each mobile food unit that is a motor vehicle shall be provided with a portable fire extinguisher with at least a 20-B:C rating. Each mobile food unit that is not a motor vehicle shall be provided with a portable fire extinguisher with at least a 2-B:C rating, which shall be mounted on the mobile food unit away from the heat source.
(7) Commercial establishments. Commercial establishments which store, handle and use LPG for cooking and oil burner ignition shall comply with the following requirements:
(A) LPG storage, handling and use shall be limited to LPG containers with a capacity not greater than 16.4 ounces unless the container is connected for use in a stationary installation.
(B) All LPG devices, equipment and systems shall be installed by a plumber.
(C) Rigid piping shall be used for all connections between LPG devices, equipment and systems and LPG containers.
(D) Flexible metallic hoses and/or tubing may be used where flexibility is required for commercial oil burner ignition or cooking operations, provided that the hose or tubing is designed for use with LPG, and the length of hose or tubing does not exceed six (6) feet.
(E) LPG storage and use for the purposes authorized by 3 RCNY § 6109-01(j)(7) is subject to the prohibition set forth in FC 6105.3(10).
(8) Moored vessels. Residentially occupied vessels moored in marinas which store, handle and use LPG for space heating and cooking purposes shall comply with the following requirements:
(A) LPG storage, handling and use shall be limited to two (2) LPG containers.
(B) All LPG devices, equipment and systems used on such a vessel shall serve only that vessel and no others.
(C) All LPG devices, equipment and system shall be installed either by the vessel manufacturer or by a plumber.
(9) Street fairs, bazaars, carnivals, concerts, festivals and similar outdoor public gatherings. LPG storage, handling and use in connection with any street fair, bazaar, concert, festival or other similar outdoor public gathering shall be subject to the following requirements:
(A) LPG storage and use shall be limited to two (2) LPG containers per LPG device or equipment, each with a capacity not greater than 20 pounds.
(B) There shall be a person responsible for the operation of each LPG device or equipment. One (1) person may not operate more than one (1) LPG device or equipment.
(C) LPG shall not be stored, handled or used for cooking or any other purpose within the distances set forth in 3 RCNY § 6109-01(j)(6)(D), and a separation distance of five (5) feet shall be maintained between LPG containers connected for use to LPG device or equipment.
(D) Notwithstanding the provisions of 3 RCNY § 6109-01(b)(2)(H), nonmetallic hose may be used at a street fair, bazaar, carnival, concert, festival or similar outdoor public gathering where:
(1) The LPG containers, appliances and all equipment and components are stored, used and connected for use outdoors;
(2) The length of the hose does not exceed six (6) feet; and
(3) The hose is designed for a working pressure of not less than 250 psi.
(E) The certificate of fitness holder supervising LPG storage, handling and use in connection with the event shall inspect each device, equipment or system and incidental storage area prior to commencement of use each day to confirm that all such devices, equipment and systems are in good working order and that all necessary and appropriate fire safety precautions have been taken. A record of such surveillance shall be maintained either at a central location for all concessionaires, or at each concession area, booth or other location, and shall be made available for inspection by any Department representative.
(10) Hot air balloon operations. LPG handling and use for hot air balloon operations shall comply with following requirements:
(A) The storage, handling and use of LPG, including any reserve storage incidental to use, shall not exceed a total of 300 pounds.
(B) Pursuant to FC 3805.3(13) and 3 RCNY § 6109-01(b)(2)(G), LPG may be withdrawn and utilized in liquid form if required by the nature of the operation.
(C) The burner and fuel system are operated in accordance with the FAA Flight manual and manufacturer's instruction.
(D) The entire operation shall be conducted under the personal supervision of an FAA license holder and a certificate of fitness holder. Such individual shall continuously monitor the area to ensure compliance with the provisions of FC Chapter 38 and this section.
(E) Hot air balloons shall be secured in an approved manner by not less than a three-point tie down during LPG operations and whenever the balloon is filled with hot air.
(F) LPG containers shall not be left unattended. LPG containers shall be removed from the site at the conclusion of each day's hot air balloon operations, and shall not be left at the site overnight.
(G) Smoking is prohibited on the balloon or within 25 feet of any LPG storage, handling or use.
(H) There shall be no storage, handling or use of flammable liquids or combustible liquids within 20 feet of the area approved for hot air balloon operations, as set forth in FC 1111.3.
(I) There shall be no storage, handling or use of flammable gases within 20 feet of the area approved for hot air balloon operations, as set forth in FC 1111.3.
(J) The hot air balloon shall be provided with a portable fire extinguisher with at least a 10-B:C rating. The LPG storage area shall be provided with a separate portable fire extinguisher with at least a 10-B:C rating.
(K) Pursuant to FC 3805.3(14) and 3 RCNY § 6109-01(b)(2)(H), nonmetallic hose may be used where flexibility is required for such operation, provided that:
(1) The length of the hose is as short as practicable; and
(2) The hose shall is designed for a working pressure of 350 psi.
(11) Group A occupancies and similar public gathering places. LPG storage, handling and use in Group A occupancies and similar public gathering places shall additionally comply with the requirements of 3 RCNY § 308-01.
(Renumbered and amended City Record 9/20/2023, eff. 10/20/2023)