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(a) Scope. This section sets forth requirements for the storage, handling and use of liquid-fueled tar kettles and asphalt melters.
(b) General Provisions.
(1) Prohibition. It shall be unlawful to use tar kettles and asphalt melters that utilize a flammable liquid as a fuel.
(a) Scope. This section sets forth requirements for the storage, handling and use of coke and coke-fueled salamanders at construction sites.
(b) General Provisions. Coke and coke-fueled salamanders shall be stored, handled and used in compliance with the requirements of FC 307.6 and this section.
(1) Permits. Pursuant to FC 105.6, a permit shall be obtained from the Department prior to the storage, handling or use of coke-fueled salamanders at a construction site.
(2) Supervision. Pursuant to FC 307.6, the handling or use of coke and coke-fueled salamanders at a construction site shall be under the personal supervision of a certificate of fitness holder. The storage of coke and coke-fueled salamanders at a construction site shall be under the general supervision of a certificate of fitness holder. The certificate of fitness holder shall ensure that the coke and coke-fueled salamanders are safely stored, handled and used in compliance with the requirements of this section.
(c) Prohibitions. It shall be unlawful to:
(1) use a coke-fueled salamander at any location other than a construction site at which construction work is being performed pursuant to a work permit issued by the Department of Buildings;
(2) use a coke-fueled salamander at a construction site where the sprinkler system and/or standpipe system required by the Building Code is out of service, or any part of such system is out of service, in the area in which coke or coke-fueled salamanders are being handled or used;
(3) use a coke-fueled salamander for purposes of human comfort, or any other purpose other than construction-related drying or curing;
(4) store, handle or use a coke-fueled salamander at a construction site without a permit;
(5) store, handle or use coke or a coke-fueled salamander at a construction site without the requisite supervision;
(6) use a flammable liquid, combustible liquid or any other type of accelerant to ignite or reignite the coke;
(7) use a coke-fueled salamander at a construction site in any of the following locations:
(A) on a scaffold;
(B) in any occupied building;
(C) on any floor where hazardous materials are stored or are in use;
(D) on any floor that is of combustible construction;
(E) within ten (10) feet of any wall opening of an adjoining occupied building; or
(F) within 50 feet of any building occupied for educational, health care or religious purposes, place of assembly or other place of public gathering.
(d) Design and Installation Requirements. Coke-fueled salamanders shall consist of a metal vessel, inner grate and ash pan, which shall be fabricated in compliance with the following requirements:
(1) The vessel and inner grate shall be designed and fabricated with sufficient strength to support the weight of the coke, and with sufficient durability to withstand repeated exposure to the heat generated by the burning coke.
(2) The vessel shall be designed and fabricated:
(A) of metal not less than 18 gauge in thickness, with welded joints;
(B) with a diameter that does not exceed 17 inches, a height that does not exceed 20 inches and a height to diameter ratio that does not exceed 1.18;
(C) to be supported by sturdy metal legs, welded to the vessel, that are designed to maximize stability and reduce the potential for tipping, and that do not extend more than 12 inches from the bottom of the vessel.
(3) The inner grate shall be fabricated of metal of substantial gauge, and installed or securely rest at the base of the vessel so as to securely hold the coke to be burned.
(4) The ash pan shall be fabricated of sheet metal, with not less than a two (2) inch lip on all sides to contain the ash. The ash pan shall extend at least two (2) feet beyond the salamander in all directions.
(e) Operational Requirements. Coke-fueled salamanders shall be operated and maintained in compliance with the following requirements:
(1) Coke-fueled salamanders in use shall be placed at least ten (10) feet from combustible material, except that such salamanders may be placed not less than 24 inches from wooden column form work or such further distance as will ensure that the form work does not attain temperatures equal to or greater than 194 degrees Fahrenheit and is not charred.
(2) The ash pan shall be placed and positioned under the salamander. A layer of moistened sand shall be placed in the ash pan prior to use of the coke-fueled salamander. The ash pan shall be regularly emptied, so as to prevent ash from spilling over the lip of the ash pan.
(3) Coke-fueled salamanders shall be loaded with coke to not more than two-thirds (2/3) of the vessel's capacity, and ignited by the certificate of fitness holder using an approved LPG-fueled torch having an LPG container capacity of not more than 20 pounds.
(4) Coke-fueled salamanders that become damaged or unsafe to use shall be immediately extinguished and removed from the premises or, if repairable, shall be restored to a safe condition before being returned to use.
(5) Coke-fueled salamanders shall only be used in areas with sufficient quantities of fresh air so as to maintain carbon monoxide below levels required by Federal, State and City laws, rules and regulations. The certificate of fitness holder shall inspect and conduct the required monitoring in such areas not fewer than once an hour when coke salamanders are in use, to ensure that carbon monoxide levels are being maintained below such levels.
(6) Coke shall be stored in an approved metal bin when not being burned in a salamander. The storage bin shall be located at least ten (10) feet from any coke-fueled salamanders that are in use.
(7) Tarpaulins used to retain heat in areas in which coke-fueled salamanders are in use shall be:
(A) made of materials that are inherently flame-resistant or treated to be flame-resistant;
(B) securely fastened to prevent movement caused by the wind; and
(C) placed not less than ten (10) feet from any coke-fueled salamander.
(8) Any areas in which coke-fueled salamanders are in use shall be adequately lighted to allow safe operation of the coke-fueled salamanders and to minimize the risk of accidental contact from construction activity on the construction site. Any electrical wiring or devices shall be installed in accordance with the Electrical Code.
(9) Coke-fueled salamanders in use shall be inspected on a periodic basis by the certificate of fitness holder. Inspections shall be conducted as frequently as necessary to ensure the safe operation of the coke-fueled salamanders but in no circumstance less than once an hour.
(f) Portable Fire Extinguisher Requirements. Areas in which coke-fueled salamanders are in use shall be provided with portable fire extinguishers with at least a 4-A rating for each 1,000 square feet, with a maximum travel distance to an extinguisher of not more than 75 feet.
(g) Recordkeeping. Periodic inspections of coke-fueled salamanders required to be conducted by the certificate of fitness holder, and any corrective action taken, shall be recorded in a bound log book maintained at the construction site. The log book shall be made available for inspection by any Department representative.
(a) Scope. This section sets forth standards, requirements and procedures for the use in Group A occupancies and similar public gathering places of open flames and open-flame devices.
(b) Definitions. The following term shall, for purposes of this section and as used elsewhere in the rules, have the meaning shown herein:
Open-flame decorative device. An open-flame device used for decorative or lighting purposes, including wall-mounted candles, torch sconces, insect-repellent candles, tabletop candles and lamps, free-standing torch holders and candelabras, and similar devices.
(c) General Provisions.
(1) Use of open flames and open-flame devices. Open flames and open-flame devices shall be handled and used in compliance with the requirements of FC 308 and this section.
(2) Open flame permits.
(A) Pursuant to FC 105.6, a permit shall be obtained for the use of open flames in any Group A occupancy, in any covered mall and in any other indoor public gathering place (including any outdoor area ancillary to such occupancy or gathering place, such as a courtyard, rear yard, rooftop or sidewalk).
(B) Applications for open flame permits shall identify the types of open flames and open-flame devices proposed to be used on the premises, and the locations at which they are to be used.
(C) Applications for open flame permits will be denied if violations are outstanding for the sprinkler system, standpipe system or fire alarm system or there is any other indication that such systems may not be in good working order.
(3) Clearance from combustible materials. Pursuant to FC 308.3.3, open flames and open-flame devices shall be kept a safe distance from combustible materials, and shall be placed at locations that minimize the risk of accidental ignition thereof.
(4) Special effects. It shall be unlawful to store, handle or use any fireworks or pyrotechnic or non-pyrotechnic material, article or device without a special effects permit issued pursuant to FC Chapter 56 and the rules.
(d) Use of Candles For Decorative Lighting Purposes.
(1) Types of candles.
(A) It shall be unlawful to use candles containing magnesium or other oxidizing agents or other accelerators, including candles that re-ignite themselves.
(B) Nothing contained herein shall be construed to prohibit use of Number 0 birthday candles (which are 1/16" in diameter and 2 1/2" in length) and Number 00 birthday candles (which are 1/8" in diameter and 3" in length) when used on a cake or other food item for a festive occasion. Use of such candles for such purpose shall not be subject to the requirements of 3 RCNY § 308-01(d)(2).
(2) Candleholders.
(A) It shall be unlawful to use cardboard, paper or flammable plastic candleholders.
(B) Candleholders shall be weighty, have a low center of gravity or be otherwise designed and constructed to resist accidental tipping in accordance with FC 308.3.2(4).
(3) Placement.
(A) The flames of candles placed on tables shall be protected in accordance with FC 308.3.2(5).
(B) No candle shall be placed more than 24 inches above the dining table, except as approved by the Department.
(e) Use of Combustible Liquids in Lamps and Similar Open-Flame Decorative Devices.
(1) Type of fuel. Combustible liquids used as fuel in lamps and similar open flame decorative devices shall be odorless and smokeless and shall have a flash point of not less than 140°F.
(2) Storage of fuel. No more than ten (10) gallons of combustible liquids may be stored on the premises as a reserve fuel supply for lamps and similar open flame decorative devices. Such reserve fuel supply shall be stored in compliance with Fire Code requirements, including FC Chapter 34.
(3) Types and filling of devices.
(A) Combustible liquids shall be used only in open-flame decorative devices properly protected by noncombustible enclosures complying with the requirements of FC 308.3.2 Fuel reservoirs for such lamps shall be constructed of metal unless the open-flame decorative device is designed to store no more than four (4) fluid ounces of fuel.
(B) The wick for the lamp shall completely fill the wick tube to prevent vapors from rising around the wick.
(C) Lamps and similar open-flame decorative devices shall be filled in well-lit areas, at a safe distance from any open flame. Lamps and similar open-flame decorative devices shall not be filled in the dining room.
(4) Placement of devices.
(A) When used on dining tables that are combustible, lamps and similar open-flame decorative devices shall be placed on a noncombustible tray or mat.
(B) It shall be unlawful to use combustible liquids in hanging lamps and similar open-flame decorative devices.
(f) Use of Candles and Solid Alcohol For Food Warming.
(1) Construction of serving tables. Serving tables used to hold food warmers shall have noncombustible tops, or shall be protected by a noncombustible mat that covers the entire table top. Such mat shall be placed on top of the tablecloth.
(2) Use of noncombustible mats. When food warmers are used on dining tables, noncombustible mats extending eight (8) inches from each side of the food warmer, or a metal tray designed to contain the candle or hold the contents of a full container of heating fuel, shall be placed under the food warmer.
(3) Handling of food warmers. Food warmers shall not be removed from a dining or serving table while the candle or heating fuel is lit.
(4) Wheeled or other portable serving tables.
(A) Wheeled or other portable serving tables shall be designed to prevent the heating fuel from being dislodged while the server is in motion.
(B) No more than two (2) levels of food warmers may be used on a wheeled or other portable serving table.
(C) Wheeled or other portable serving tables shall not be allowed to obstruct aisles or other means of egress.
(g) Use of Charcoal Briquettes and Other Solid Fuels (Except Solid Alcohol) For Cooking and Food Warming.
(1) Handling.
(A) The charcoal briquettes or other solid fuel used for cooking or food warming purposes shall be stored in a metal cabinet. Such cabinet shall be situated in a cool, dry location.
(B) Flammable and combustible liquids shall not be used to ignite, or accelerate ignition of, the charcoal briquettes or other solid fuel. Such fuels shall be ignited in an oven in the kitchen.
(C) The charcoal briquettes or other solid fuel shall be placed in a hibachi, or other approved cooking or food warming device, in the kitchen, and moved directly to the dining table.
(D) The hibachi or other approved cooking or food warming device shall be removed directly to the kitchen immediately after use, and the briquettes or other solid fuel, and the ashes, shall be immersed in water. Provisions shall be made for removal of the briquettes and ashes from the hibachi or other approved cooking or food warming device to a pail or other container of water.
(E) When not in use, hibachis shall be stored on noncombustible shelves or in metal cabinets.
(2) Construction of hibachis.
(A) Hibachis shall be constructed of metal of sufficient thickness and strength as to safely contain the heat of the open flame, and shall have a low center of gravity or otherwise be designed and constructed to resist accidental tipping in accordance with FC 308.5.2(4).
(B) Hibachis shall be fully enclosed to contain embers and hot ashes. Ashpit doors must be securely closed during use.
(C) Hibachis shall not use forced air to intensify heat.
(3) Construction of dining tables. Dining tables used to hold hibachis or other approved cooking or food warming devices shall have noncombustible tops or shall be protected by a noncombustible mat extending eight (8) inches from each side of the cooking or food warming device.
(h) Pits and Open Grills. Pits and open grills at dining tables or food serving areas shall be designed, installed, operated and maintained in accordance with FC 609.
(i) Flaming Food and Beverages. Flaming food and beverages shall be prepared and served in accordance with FC 308.5.3.
(j) Use of LPG for Food Warming and Browning.
(1) Use. Portable LPG containers may be used for food warming and browning only as authorized by this section. Portable LPG containers shall be used by food preparation staff trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used.
(2) Devices. All devices fueled by portable LPG containers that are used for food warming and browning purposes, including culinary torches, shall be in accordance with FC 6101.4 and 3 RCNY § 6109-01. Not more than one (1) portable LPG container may be connected to each LPG device.
(3) Container size. Portable LPG containers for food warming and browning purposes shall be limited to those with a capacity not exceeding 16.4 ounces.
(4) Storage.
(A) No more than twelve (12) portable LPG containers shall be stored in the Group A occupancy or public gathering place.
(B) When not in use, portable LPG containers shall be stored above grade in a metal cabinet, in an area protected by a sprinkler system. Such cabinet shall be installed away from sources of heat.
(k) Use of LPG for Demonstrations and Temporary Exhibitions. Portable LPG containers may be used for demonstrations and temporary exhibitions in accordance with FC 6103.2.1.5.
(1) Demonstrations. Except as otherwise provided in 3 RCNY § 308-01(j)(2):
(A) Use. Portable LPG containers may be used for demonstration purposes when electricity, piped natural gas or other power source cannot be used to supply power for a device or operation being demonstrated or required for the demonstration. Portable LPG containers shall be handled and used for demonstration purposes only by persons trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used for the demonstration.
(B) Devices. All devices fueled by portable LPG containers that are used for demonstration purposes shall be in accordance with FC 6101.4 and 3 RCNY § 6109-01. Not more than one (1) portable LPG container may be connected to each LPG device.
(C) Container size. LPG used for demonstration purposes shall be limited to portable LPG containers with a capacity not exceeding 16.4 ounces.
(D) Removal from premises. All portable LPG containers and LPG devices used for demonstration purposes shall be delivered to the premises on the day of the demonstration, and removed from the premises no later than the end of the day. Overnight storage is prohibited.
(2) Trade shows and other temporary exhibitions.
(A) Use. Portable LPG containers may be used for demonstration purposes, equipment operation or other purpose, where a device cannot be operated or operation cannot be conducted with the use of electricity, piped natural gas or other power source. Portable LPG containers shall be handled and used for demonstration purposes only by persons trained and knowledgeable in the safe storage, handling and use of portable LPG containers and the LPG device used for the demonstration.
(B) Devices. All devices fueled by portable LPG containers that are used for demonstration purposes shall be in accordance with FC 6108.4 and 3 RCNY § 6109-01. Not more than one (1) portable LPG container may be connected to each LPG device.
(C) Container size. Except as may be authorized by the Department, portable LPG containers with a capacity not exceeding 16.4 ounces may be used at trade shows and other exhibitions for demonstration, equipment operation and other necessary purposes.
(D) Storage and removal from premises.
(1) No more than 24 portable LPG containers shall be stored in connection with a trade show or other temporary exhibition.
(2) When not in use, portable LPG containers shall be stored above grade, in a fire-rated storage room protected by a sprinkler system, or in a metal cabinet located in an area protected by a sprinkler system.
(3) All portable LPG containers and devices shall be removed from the exhibition premises promptly once there is no further need for their use, but in any event no later than the last day of the trade show or other temporary exhibition.
(l) Portable Fire Extinguisher Requirements.
(1) In addition to complying with the requirements of FC 906, Group A occupancies and other public gathering places in which open flames and open-flame devices are used shall comply with the following portable fire extinguisher requirements:
(A) A portable fire extinguisher with at least a 5-B rating, readily accessible for use, shall be provided at each captain's station and in the dining room at the entrance to the kitchen.
(Amended City Record 9/20/2023, eff. 10/20/2023)
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