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Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Chapter 1: Administration
Chapter 2: Definitions
Chapter 3: General Precautions Against Fire
Chapter 4: Emergency Planning and Preparedness
Chapter 5: Fire Operations Features
Chapter 6: Building Services and Systems
Chapter 7: Fire-Resistant Rated Construction
Chapter 8: Interior Furnishings, Decorations and Scenery
Chapter 9: Fire Protection Systems
Chapter 10: Means of Egress
Chapter 11: Reserved
Chapter 12: Reserved
Chapter 13: Reserved
Chapter 14: Reserved
Chapter 15: Reserved
Chapter 16: Reserved
Chapter 17: Reserved
Chapter 18: Reserved
Chapter 19: Reserved
Chapter 20: Aviation Facilities and Operations
Chapter 21: Dry Cleaning
Chapter 22: Combustible Dust-Producing Operations
Chapter 23: Motor Fuel Dispensing Facilities and Repair Garages
Chapter 24: Flammable Finishes
Chapter 25: Fruit and Crop Ripening
Chapter 26: Fumigation and Insecticidal Fogging
Chapter 27: Semiconductor Fabrication Facilities
Chapter 28: Lumbar Yards and Wood Waste Materials
Chapter 29: Manufacture of Organic Coatings
Chapter 30: Industrial Furnaces
Chapter 31: Tents and Other Membrane Structures
Chapter 32: High-Piled Combustible Storage
Chapter 33: Fire Safety During Construction, Alteration, and Demolition
Chapter 34: Tire Rebuilding and Tire Storage
Chapter 35: Welding and Other Hot Work
Chapter 36: Marinas
Chapter 37: Combustible Fibers
Chapter 38: Reserved
Chapter 39: Reserved
Chapter 40: Distilleries
Chapter 41: Reserved
Chapter 42: Reserved
Chapter 43: Reserved
Chapter 44: Reserved
Chapter 45: Reserved
Chapter 46: Reserved
Chapter 47: Reserved
Chapter 48: Reserved
Chapter 49: Reserved
Chapter 50: Hazardous Materials - General Provisions
Chapter 51: Aerosols
Chapter 52: Reserved
Chapter 53: Compressed Gases
Chapter 54: Corrosive Materials
Chapter 55: Cryogenic Fluids
Chapter 56: Explosives, Fireworks and Special Effects
Chapter 57: Flammable and Combustible Liquids
Chapter 58: Flammable Gases
Chapter 59: Flammable Solids
Chapter 60: Highly Toxic and Toxic Materials
Chapter 61: Liquefied Petroleum Gases
Chapter 62: Organic Peroxides
Chapter 63: Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids
Chapter 64: Pyrophoric Materials
Chapter 65: Pyroxylin Plastics
Chapter 66: Unstable (Reactive) Materials
Chapter 67: Water-Reactive Solids and Liquids
Chapter 68: Reserved
Chapter 69: Reserved
Chapter 70: Reserved
Chapter 71: Reserved
Chapter 72: Reserved
Chapter 73: Reserved
Chapter 74: Reserved
Chapter 75: Reserved
Chapter 76: Reserved
Chapter 77: Reserved
Chapter 78: Reserved
Chapter 79: Reserved
Chapter 80: Referenced Standards
Chapter 81: Fees
Chapter 82: Referenced Standard Modifications
Chapter 83: Pre-Existing Facilities
§ 8301-01 Former Board of Standards and Appeals Rules.
§ 8302-01 Pre-Existing Definitions.
§ 8303-01 General Precautions Against Fire in Pre-Existing Facilities.
§ 8304-01 Pre-Existing Emergency Planning and Preparedness.
§ 8305 Reserved.
§ 8306 Reserved.
§ 8307 Reserved.
§ 8308 Reserved.
§ 8309-01 Fire Protection Systems in Pre-Existing Facilities.
§ 8310-01 Means of Egress in Pre-Existing Facilities.
§ 8311 Reserved.
§ 8312 Reserved.
§ 8313 Reserved.
§ 8314 Reserved.
§ 8315 Reserved.
§ 8316 Reserved.
§ 8317 Reserved.
§ 8318 Reserved.
§ 8319 Reserved.
§ 8320 Reserved.
§ 8321 Reserved.
§ 8322-01 Pre-Existing Motor Fuel-Dispensing Facilities and Repair Garages.
§ 8323 Reserved.
§ 8324 Reserved.
§ 8325 Reserved.
§ 8326 Reserved.
§ 8327-01 Storage of Hazardous Materials in Pre-Existing Facilities.
§ 8328-01 Storage of Aerosols in Pre-Existing Facilities.
§ 8329-01 Storage of Combustible Fibers in Pre-Existing Facilities.
§ 8330-01 Storage of Compressed Gases in Pre-Existing Facilities.
§ 8331-01 Storage of Corrosive Materials in Pre-Existing Facilities.
§ 8332-01 Storage of Cryogenic Fluids in Pre-Existing Facilities.
§ 8333-01 Storage of Explosives and Special Effects in Pre-Existing Facilities.
§ 8334-01 Storage of Flammable and Combustible Liquids in Pre-Existing Facilities.
§ 8335-01 Storage of Flammable Gases in Pre-Existing Facilities.
§ 8336 Reserved.
§ 8337 Reserved.
§ 8338-01 Storage of Liquefied Petroleum Gases in Pre-Existing Facilities.
§ 8339-01 Storage of Organic Peroxides in Pre-Existing Facilities.
§ 8340 Reserved.
§ 8341 Reserved.
§ 8342 Reserved.
§ 8343 Reserved.
§ 8344 Reserved.
Chapter 84: Miscellaneous
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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§ 8338-01 Storage of Liquefied Petroleum Gases in Pre-Existing Facilities.
   (a)   Scope. This section consolidates the Fire Prevention Code and former Fire Department rules in effect on June 30, 2008, that are applicable to the design and installation of pre-existing liquefied petroleum gases storage facilities.
   (b)   Definitions. [Reserved.]
   (c)   Facilities in Compliance With Former Fire Department Rules in Effect on June 30, 2008. LPG storage facilities in compliance with former Fire Department rule § 25-01 in effect on June 30, 2008 are allowed and would be approved under the provisions of the Fire Code and the rules, and accordingly, such facilities shall be designed and installed in compliance with the requirements of FC Chapter 61 and 3 RCNY § 6109-01, except that where the storage facility clearance distances from building openings; stationary LPG installations clearance distances from building openings, lot lines, buildings on an adjoining lots, sidewalks, motor vehicles, and vent and fill lines of flammable or combustible liquid storage tanks; and previously exempt storage and use (as set forth in § 25-01(k)); of such outdoor storage facility are lawfully not in compliance with the requirements of such chapter and rule, such pre-existing conditions shall be continued in compliance with the provisions of former Fire Department rule § 25-01(g), (i) and (k), as applicable, until such time such facilities may be required to comply with the design and installation requirements of the Fire Code and rules with respect to such conditions.
      (1)   Former Fire Department Rule § 25-01(g), (i) and (k)
         § 25-01 Storage and Use of Liquefied Petroleum Gases.
         (g)   Outdoor storage facilities.
. . . . . . . . . .
            (4)   No outdoor storage facility shall be located within:
               (i)   five (5) feet of any building opening, including any door, openable window, intake or exhaust vent;
. . . . . . . . . .
         (i)   Stationary LPG installations.
. . . . . . . . . .
            (7)   No LPG container connected for use shall be located within:
               (i)   five (5) feet of any building opening, including any door, openable window or intake or exhaust vent;
               (ii)   five (5) feet of the nearest lot line, sidewalk or building on an adjoining lot . . . . .;
               (iii)   five (5) feet of any parked motor vehicle;
               (iv)   five (5) feet of any vent or fill line of any flammable or combustible liquid storage tank;
. . . . . . . . . .
         (k)   Pre-existing storage and use.
            (1)   Exemptions. Subject to the provisions of paragraph (2) of this subdivision, LPG storage and use in or for the following existing facilities and installations shall be maintained and operated in accordance with the original approval conditions and the provisions of this section, except as follows:
               (i)   The provisions of paragraph (5) of subdivision (f) and paragraph (7) of subdivision (i) of this section shall not apply to any stationary LPG installation that was issued a Department permit prior to the effective date of this section, including the stationary LPG installations described in paragraph (7) of subdivision (j) and subparagraphs (ii), (iii) and (iv) of this paragraph.
               (ii)   The provisions of paragraph (5) of subdivision (c) and paragraph (5) of subdivision (i) of this section shall not apply to a LPG container installation in a residential occupancy that was issued a Department permit prior to the effective date of this section.
               (iii)   The provisions of paragraph (13) of subdivision (c) of this section shall not apply to LPG storage and use for non-residential space heating or water heating when a Department permit for such storage and use was issued prior to the effective date of this section.
               (iv)   The provisions of paragraphs (8) and (10) of subdivision (c) and paragraph (5) of subdivision (f) of this section shall not apply to a roof-mounted emergency generator installation that was issued a Department permit prior to the effective date of this section.
               (v)   The provisions of subdivision (g) and paragraph (5) of subdivision (f) of this section shall not apply to an outdoor LPG storage facility that was issued a Department permit prior to the effective date of this section.
               (vi)   The provisions of item (iii) of paragraph (2) of subdivision (h) and paragraph (4) of subdivision (h) of this section shall not apply to an indoor LPG storage facility that was issued a Department permit prior to the effective date of this section.
            (2)   Discontinuance of exempt storage and use.
               (i)   The LPG storage and use authorized by subparagraphs (1)(i), (ii), (iii) and (iv) of this subdivision shall be discontinued and all LPG containers removed from the premises:
                  (A)   by December 31, 2004, if access to natural gas from a public utility is available on the effective date of this rule; or
                  (B)   within five years after access to natural gas from a public utility becomes available, if such access is not available on the effective date of this rule.
               (ii)   Notwithstanding any other provision of this subdivision, the Department may require any facility or installation granted an exemption by this subdivision to comply with all applicable provisions of this section and may require discontinuance and removal of any facility or installation not in compliance with the provisions of this section, where the Department finds that such facility or installation has been operated contrary to the original approval conditions or poses an undue danger to public safety. Provisions Referenced in § 25-01(k)
         (c)   General prohibitions.
. . . . . . . . . .
            (5)   store or use in, or bring or allow into, any residential occupancy or on any lot containing a building used for a residential occupancy, any LPG container with a capacity greater than sixteen and four tenths ounces (16.4 oz.), except as provided in subdivision (j) and (k) of this section.
. . . . . . . . . .
            (8)   use on the roof of any building any LPG container with a capacity greater than sixteen and four tenths ounces (16.4 oz.), except as provided in subdivisions (j) and (k) of this section.
. . . . . . . . . .
            (10)   store or use LPG for a stationary installation in any area where access to natural gas from a public utility is available, except as provided in subdivision (k) of this section.
. . . . . . . . . .
            (13)   store or use LPG for space heating or water heating, except as provided in subdivisions (j) and (k) of this section.
. . . . . . . . . .
         (f)   General storage and use.
. . . . . . . . . .
            (5)   Storage and use of LPG in quantities exceeding twenty five hundred (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 New York City Building Code. Any such quantities of LPG shall be stored and used in compliance with the Building Code requirements applicable to high hazard occupancies, except as provided in subdivision (k) of this section.
. . . . . . . . . .
         (g)   Outdoor storage facilities.
            (1)   Except as otherwise provided in this section, all LPG containers shall be stored outdoors in a facility that conforms to the requirements of this subdivision. All outdoor LPG storage facilities shall be:
               (i)   not more than fifty four (54) square feet in area;
               (ii)   protected from vehicle impact;
               (iii)   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 by the Department. 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;
               (iv)   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;
               (v)   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
               (vi)   equipped with at least one 10-B-C rated fire extinguisher in a protective enclosure. Such fire extinguisher shall be affixed to the outside of the storage facility or placed at another readily accessible location not more than thirty (30) feet from the facility.
            (2)   No more than twenty five hundred (2,500) standard cubic feet of LPG (approximately 300 pounds) shall be stored in an outdoor LPG storage facility.
            (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:
               (i)   five (5) feet of any building opening, including any door, openable window, intake or exhaust vent;
               (ii)   ten (10) feet of the nearest lot line, sidewalk or building on an adjoining lot, except as follows:
                  (A)   twenty (20) feet of any building of wood frame construction;
                  (B)   fifty (50) feet from any building occupied as a multiple dwelling; and
                  (C)   one hundred (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;
               (iii)   ten (10) feet of any parked motor vehicle;
               (iv)   ten (10) feet of any combustible material;
               (v)   fifteen (15) feet of any vent or fill line of any flammable or combustible liquid storage tank;
               (vi)   twenty (20) feet of flammable gas storage;
               (vii)   twenty (20) feet of any aboveground flammable or combustible liquid storage tank; and
               (viii)   one hundred (100) feet of any subway entrance or exit, vent or other opening.
. . . . . . . . . .
         (h)   Indoor LPG storage.
. . . . . . . . . .
            (2)   All indoor storage of LPG with an individual capacity greater than sixteen and four tenths ounces (16.4 oz.) authorized by this rule shall be stored in a separate room that conforms to the requirements of this subdivision. Any such room shall be:
. . . . . . . . . .
               (iii)   constructed with an access door that opens directly to the outdoors:
. . . . . . . . . .
            (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.
. . . . . . . . . .
            (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".
. . . . . . . . . .
            (7)   No LPG container connected for use shall be located within:
               (i)   five (5) feet of any building opening, including any door, openable window or intake or exhaust vent;
               (ii)   five (5) feet of the nearest lot line, sidewalk or building on an adjoining lot, except as follows:
                  (A)   ten (10) feet of any building of wood frame construction;
                  (B)   fifty (50) feet from any building occupied as a multiple dwelling; and
                  (C)   one hundred (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;
               (iii)   five (5) feet of any parked motor vehicle;
               (iv)   five (5) feet of any vent or fill line of any flammable or combustible liquid storage tank;
               (v)   ten (10) feet of any combustible material;
               (vi)   twenty (20) feet of any flammable gas storage;
               (vii)   twenty (20) feet of any aboveground flammable or combustible liquid storage tank; and
               (viii)   one hundred (100) feet of any subway entrance, exit, vent or other opening.
. . . . . . . . . .
         (j)   Special storage and use.
. . . . . . . . . .
            (7)   Commercial establishments. Commercial establishments which store and use LPG for cooking and oil burner ignition shall comply with the following requirements:
               (i)   LPG storage 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.
               (ii)   All LPG appliances and equipment shall be installed by a plumber licensed by the New York City Department of Buildings.
               (iii)   Rigid piping shall be used for all connections between LPG appliances and equipment and LPG containers.
               (iv)   LPG storage and use for the purposes authorized by this paragraph is subject to the prohibition set forth in paragraph (10) of subdivision (c) of this section, and shall be discontinued in accordance with the provisions of paragraph (2) of subdivision (k) of this section.
(Renumbered City Record 9/20/2023, eff. 10/20/2023)
§ 8339-01 Storage of Organic Peroxides in Pre-Existing Facilities.
   (a)   Scope. This section consolidates the New York City Fire Prevention Code and former Fire Department rules in effect on June 30, 2008 that are applicable to the design and installation of organic peroxide installations in pre-existing facilities.
   (b)   Definitions. [Reserved.]
   (c)   General Provisions. Pre-existing facilities with organic peroxide installations the design and installation of which would not be allowed or approved under the Fire Code, but which, pursuant to FC 102.3 and 3 RCNY § 102-01, may be continued with respect to such organic peroxide installations under the applicable laws, rules and regulations in effect prior to the Fire Code, shall continue to comply with the provisions of such laws, rules and regulations, including former Fire Department rule § 27-01, until such time as such facilities may be required to comply with the Fire Code and the rules with respect to the design and installation of such organic peroxide installations.
   (d)   Organic Peroxides.
      (1)   Former Fire Department Rule § 27-01. . . . . . . . . . .
         § 27-01 Storage, Sale or Use of Organic Peroxides Packaged for Manufacturing, Industrial or Commercial Uses.
. . . . . . . . . .
         (j)   Storage facilities.
. . . . . . . . . .
            (2)   Storage building or space shall be equipped with fast acting deluge type automatic sprinkler system. Roof of storage building shall be of light construction and suitably insulated with non-combustible insulating material. In lieu of light constructed roof, explosion venting may be provided. Ventilation to be provided for preventing excessive temperatures and to remove products of decomposition. Installation shall conform to requirements of Building (Administrative) Code and pertinent Board of Standards and Appeals resolution.
            (3)   Alarms shall be installed in storage building or space to indicate unsafe temperatures.
(Renumbered City Record 9/20/2023, eff. 10/20/2023)
§ 8340 Reserved.
§ 8341 Reserved.
§ 8342 Reserved.
§ 8343 Reserved.
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