(a) Scope. This section sets forth requirements for out-of-service storage systems for gasoline, diesel, fuel oil and other flammable or combustible liquids that are not in use for 30 days or more, except when such systems are used for seasonal or standby storage and are not otherwise permanently out of service.
(b) Definitions. The following terms shall, for purposes of this section and as used elsewhere in the rules, have the meanings shown herein:
Permanently out-of-service storage systems. Storage systems that are no longer to be used for storing gasoline, diesel, fuel oil or other flammable or combustible liquids or that have not been used for one (1) year or more. The Department may deem a storage system permanently out of service and require that it be closed accordingly where it has not been closed and maintained as a temporarily out-of-service storage system and the circumstances of an actual or anticipated change in use or occupancy of the premises at which the storage system is located indicate that any further use of such storage system cannot be reasonably anticipated.
Temporarily out-of-service storage systems. Storage systems for gasoline, diesel, fuel oil or other flammable or combustible liquids that have not been used for 30 days or more, but less than one (1) year.
(c) Temporarily Out-of-Service Storage Systems.
(1) Supervision.
(A) For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.
(B) For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.
(C) For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.
(2) Affidavit of compliance. The owner or operator of a temporarily out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system has been safeguarded in compliance with the requirements of FC Chapter 57 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.
(3) Permits and testing.
(A) All storage systems which have been rendered temporarily out of service shall continue to be subject to the Department's permit and testing requirements and the registration, reporting, inspection and testing regulations of the New York State Department of Environmental Conservation.
(B) Before a temporarily out-of-service storage system may be restored to service, an affidavit of compliance shall be filed with the Department in accordance with 3 RCNY § 5704-01(c)(2), certifying the integrity of the tank and piping, and the proper functioning of any leak detection and cathodic protection systems.
(d) Permanently Out-of-Service Storage Systems.
(1) Supervision.
(A) For motor fuel or other flammable or combustible liquid storage systems, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate.
(B) For fuel oil storage systems with a total capacity exceeding 330 gallons, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, or a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license.
(C) For fuel oil storage systems with a total capacity of 330 gallons or less, the closure shall be performed by a person holding a certificate of license or by a person who is employed and supervised by a person holding such certificate, by a person holding an oil-burning equipment installer license issued by the Department of Buildings or by a person who is employed by and under the direct supervision of a person holding such license, or a plumber licensed by the Department of Buildings.
(2) Affidavit of compliance. The owner or operator of a permanently out-of-service storage system or the permit holder for such system shall file with the Department an affidavit certifying that such system was removed and disposed of, or abandoned in place, in compliance with the requirements of FC Chapter 34 and this section. Such affidavit shall be executed by a person with the requisite qualifications to supervise the closure of such tanks.
(3) Environmental site assessment. If an environmental site assessment is required by federal or state law or regulations, the owner or operator of the storage system, the permit holder for such system, or the person filing the affidavit of compliance for such system, shall submit to the Department a written statement that such environmental site assessment has been performed in accordance with such law and regulations.
(Renumbered and amended City Record 9/20/2023, eff. 10/20/2023)
(a) Scope. This section sets forth standards, requirements and procedures for precision testing pursuant to FC 5704.2.11.6 of underground storage systems for motor fuels or other flammable and combustible liquids when such systems utilize single-walled tanks, or other tanks not provided with a leak detection system meeting Fire Code requirements.
(b) General Provisions.
(1) Applicability. Precision testing of underground storage systems for motor fuels or other flammable and combustible liquids that utilize single-walled tanks, or other tanks not provided with a leak detection system meeting Fire Code requirements, shall be conducted in compliance with the requirements of FC Chapters 23 and 57 and this section.
(2) Precision testing standard. Precision testing of underground storage systems shall be conducted in accordance with National Fire Protection Association (NFPA) Standard 329 (2005 edition).
(3) Supervision.
(A) Certificate requirements. Precision testing of underground storage systems shall be conducted by a person holding a certificate of license or under the general supervision of a certificate of license holder. Such person shall be trained and knowledgeable in the use of the precision test equipment and procedures for the conduct of the particular precision test. Any person conducting such test under the supervision of a certificate of license holder shall hold a certificate of fitness for such precision test. A separate certificate of fitness shall be obtained for each type of precision test system.
(B) Presence on premises. The certificate holder conducting the precision test shall remain on the premises while such test is being conducted and until the system has been returned to good working order in accordance with 3 RCNY § 5704-02(c)(1)(C).
(c) Operational Requirements.
(1) Administrative requirements.
(A) Notification of tests. Prior to conducting a precision test of a underground storage system, notification shall be made to the Bureau of Fire Prevention by calling the telephone number designated by the Bulk Fuel Unit. Tests may be witnessed by a Department representative. Tanks located within buildings shall not be tested unless prior Department approval is received.
(B) Submission of test results. A report of the results of the precision test shall be submitted to the Bulk Fuel Unit of the Bureau of Fire Prevention on an approved form no later than 30 days after conducting the test. Such test report shall include the name and certificate of fitness number of the person who conducted the test, as well as the name and signature of the certificate of license holder under whose supervision the test was conducted.
(C) Notification of defective storage systems. Underground storage systems shall be returned to service in good working order upon completion of the precision testing. Storage systems determined to be defective shall be removed from service in accordance with applicable laws, rules and regulations. If hazardous material has been released to the environment, notification shall be immediately made to the Department and the New York State Department of Environmental Conservation.
(2) Testing equipment requirements.
(A) Only approved precision testing systems shall be used for precision testing of underground storage systems. Such testing systems, including hoses and other devices and components, shall be designed for twice the maximum operating pressures of the pressures generated by the precision test system, and shall be compatible with the hazardous material stored in the tank to be precision tested.
(B) All testing equipment to be placed in the storage tank, or used in the vicinity of the test area, shall be intrinsically safe or suitable for use in hazardous locations.
(C) Interlocks shall be provided for all electrical connections to ensure that the system is grounded before power can be supplied.
(3) Testing procedures.
(A) The test area shall be cordoned off by portable barricades, signs, rope or tape to prevent unauthorized persons and motor vehicles from entering the area. Signs posted at the barricade perimeter shall be provided to read "NO SMOKING-NO OPEN FLAMES".
(B) All sources of ignition, including all motor vehicles, shall be removed from the testing area.
(C) Approved procedures shall be used in filling tanks and piping for precision testing, to ensure safety and prevent overfilling. Filling of tanks shall only be conducted through approved fill boxes from approved cargo tanks and/or approved safety cans. For purposes of topping off the tank or the test equipment, flammable and combustible liquids shall be drawn from an approved storage system on the premises into an approved safety can not exceeding a capacity of two and one half (2 1/2) gallons. Flammable and combustible liquids may not be withdrawn from the fuel tanks of motor vehicles.
(D) To avoid erroneous results, each precision test shall compensate for temperature changes, tank-end deflection, air pockets, water tables and other variables, as set forth in NFPA 329, to avoid erroneous results.
(E) Tests shall be conducted for the period of time recommended by the manufacturer of the particular precision testing system, or until accurate results can be obtained.
(F) If test wells must be drilled on the site to locate the water table, the certificate of license holder shall take all necessary steps to ensure that such test wells do not disturb utility infrastructure.
(G) When underground storage systems storing liquid of varying or unknown coefficients of thermal expansion are to be tested, the liquid shall be removed, the tank cleaned, and the test conducted using a material of similar viscosity and a known coefficient of expansion.
(H) Power to electrical equipment shall not be turned on until all electrical connections have been made. The connection to the power source shall be the final connection made.
(I) Precision testing systems shall be arranged such that rain water cannot enter the tank through the tank openings.
(d) Portable Fire Extinguisher Requirements.
(1) A portable fire extinguisher having at least a 40-B:C rating shall be readily accessible during testing. The maximum travel distance to the fire extinguisher shall be 30 feet and the portable fire extinguisher shall be positioned at a safe location within the testing area.
(Renumbered and amended City Record 9/20/2023, eff. 10/20/2023)
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