This article shall apply to the storage, handling and use of
flammable liquids as hereinafter defined, except that it shall not
apply to the transportation of flammable liquids when in conformity
with Interstate Commerce Commission regulations or regulations lawfully
on file with and approved by the Interstate Commerce Commission.
A.
B.
Application for the permit shall be on a form provided by the Fire
Commissioner and shall state the nature of the business of the applicant,
the maximum quantity of each class of liquid to be kept, the location
of the tank or container and such other information as the Fire Commissioner
may deem necessary. The application shall be accompanied by a permit
fee. No such permit or renewal shall be issued until the Fire Commissioner,
after inspection, has been satisfied that the other provisions of
this chapter and the New York Uniform Code have been complied with.
C.
It shall be unlawful to:
(1)
Place or store in a tank or container any liquid except that which
is authorized in the permit.
(2)
Place or store flammable liquid in a tank that is not approved.
(3)
Place or store kerosene, fuel oil, gasoline or any other flammable
liquid on any porch or fire escape or in any apartment, hall or corridor
or on any stairs.
D.
Any storage equipment which is located on private property, the permit
for which has expired, shall be immediately removed or abandoned in
a safe condition satisfactory to the Fire Commissioner. The resetting
of any underground storage tank shall require a new inspection and
the payment of another inspection fee.
E.
No permit shall be required for the following:
(1)
For the storage or use of flammable liquids in the fuel tank of a
motor vehicle, aircraft, motorboat, mobile power plant or mobile heating
plant.
(2)
For the storage or use of paints, oils, varnishes or thinners when
such liquids are stored for maintenance, for a period of not more
than 30 days, provided that the same are stored properly and in approved
containers.
F.
Even if no permit is required, use or storage of flammable liquids
shall be in accordance with this chapter and the New York Uniform
Code.
G.
No permits shall be granted until all of the requirements of the
Fire Commissioner are complied with pertaining to bonds, insurance,
etc.
H.
Except as otherwise permitted in this chapter or the New York Uniform
Code, the storage of flammable liquids shall be in underground tanks.
I.
Pumps shall not be permitted on the City sidewalk property, except
that existing gasoline pumps may be permitted to remain while the
tanks connected thereto remain in good safe condition. No existing
permit or renewal shall be transferred to any new person unless the
sidewalk pumps are removed from city sidewalk property.
The Fire Commissioner may prohibit the sale or use of any heating
or cooking appliance using flammable liquid which has not been tested
and found safe by an approved testing laboratory or agency.
Manufacturing establishments wherein volatile flammable oils
or other liquids of a similar character of whatsoever kind are stored,
kept or used, except as otherwise provided herein, shall be required
to comply with this chapter, the New York Uniform Code and such other
precautions as may be instituted from time to time by the Fire Commissioner.
Any article or substance, the manufacture, transportation, storage,
keeping, sale or use of which within the City is prohibited by this
chapter or which is manufactured, transported, stored, sold, kept
or used in violation thereof, shall be liable to seizure by the Fire
Commissioner. Upon such seizure, it may be disposed of as by law in
such cases made and provided.
The Fire Commissioner may prohibit the use of any type, kind
or make of heating appliances using flammable liquids which, after
test, is considered as introducing a distinct hazard of life or property.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to manufacture, transport, store or sell at wholesale
in the City any flammable mixture without a permit from the Fire Commissioner.
A permit for the manufacture, storage or sale at wholesale of
flammable mixtures in the City may be issued by the Fire Commissioner
upon written application giving in detail the following information:
A.
The name and address of the applicant.
B.
The nature of construction of the building.
C.
Other purposes, if any, for which the building is used.
D.
The location of the premises.
E.
A description of the finished product.
F.
The maximum quantity of volatile flammable liquids or mixtures to
be stored.
G.
The trade name of the mixture and a sample of the label.
Each such application shall be accompanied by a detailed plan
of the premises where it is proposed to conduct such manufactory.
For a permit allowing the manufacture, storage and sale of flammable
mixtures, the applicant shall pay an annual permit fee.
No permit for the manufacture of flammable mixtures shall be
issued for any building:
A.
Which is occupied as a tenement house, dwelling or hotel.
B.
Which is situated within 50 feet of the nearest wall of any building
occupied as a school, hospital, theater or place of amusement.
C.
Which is of wooden construction.
D.
Which is artificially lighted by means other than electricity.
E.
Where drugs, cigars, cigarettes or tobacco are kept for sale.
F.
Where dry goods or other materials of a highly flammable nature are
manufactured, stored or sold.
G.
Where matches, resin, hemp, cotton or any explosives are stored or
sold.
No permit shall be issued for the manufacture of flammable mixtures
in premises which are not equipped with an approved storage system
for containing and handling such volatile flammable oils as are used.
No permit shall be issued for the manufacture, storage or sale
in the City of an flammable mixture containing volatile flammable
oil in excess of 80% of its total bulk.
It shall be unlawful for any person to store or keep for sale
at retail within the City flammable mixtures not otherwise specifically
provided for in this chapter in quantities aggregating more than five
gallons without a permit from the Fire Commissioner upon written application
giving in detail the following information:
For a permit allowing the storage and sale of flammable mixtures
at retail, the applicant shall pay an annual permit fee.
No permit shall be issued for the storage and sale at retail
of flammable mixtures in a quantity aggregating more than 150 gallons
at one time.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to manufacture, transport or sell at wholesale or retail
within the City any combustible mixture without a permit from the
Fire Commissioner.
No permit for the manufacture of combustible mixtures shall
be required of a person holding a permit for the manufacture of flammable
mixtures issued in conformity with the provisions of this chapter.
A permit may be issued by the Fire Commissioner for the manufacture,
storage and sale at wholesale of combustible mixtures upon a written
application giving in detail the following information:
A.
The name and address of the applicant.
B.
The location of the premises.
C.
The nature of construction of buildings and other purposes for which
the building is used.
D.
The maximum quantity of volatile flammable oil to be stored.
E.
A description of the finished product.
F.
The trade name of the mixture and a sample of the label.
For a permit allowing the manufacture, storage and sale at wholesale
of combustible mixtures, the applicant shall pay an annual permit
fee.
No permit shall be issued for the manufacture of combustible
mixtures unless such manufacture is to be done in a building which
complies with all the requirements for buildings in which flammable
mixtures may be manufactured, as set forth in this article.
A permit for the storage and sale at retail of combustible mixtures
may be issued by the Fire Commissioner upon written application giving
in detail the following information.
No permit for the storage and sales at retail of combustible
mixtures shall be required of a person holding a permit for the storage
and sale at retail of flammable mixtures issued in accordance with
the provisions of this article.
No permit shall be issued for the storage and sale at retail
of combustible mixtures in a quantity aggregating more than 50 gallons
at one time.
For a permit allowing the storage and sale of combustible mixtures
at retail, the applicant shall pay the annual permit fee.
