It shall be unlawful for any person to manufacture, refine or
distill petroleum, shale oil or coal tar or the liquid products thereof
except under authority of a permit issued by the Fire Commissioner.
An application for a permit to manufacture, refine or distill
petroleum, shale oil or coal tar in the City shall give in detail
the following information:
A.
The name and address of the applicant.
B.
The location of the plant.
C.
The nature of the finished product.
D.
The manner and place of storing raw material.
E.
The maximum capacity of the plant in daily output.
F.
The manner and place of storing finished product.
G.
The nature of operation necessary for the manufacture of the finished
product.
H.
The system of fire protection and the method of disposing of oils
in case of fire.
A.
In connection with the application for such permit, the applicant
shall file a plan, in duplicate, drawn to scale of not less than 1/16
of an inch to the foot, showing clearly thereon the following:
(1)
The location of each building, tank and supply pipe within the plant
enclosure.
(2)
The nature of construction and dimensions of each building, the purpose
for which it is used and the maximum quantity and kind of material
stored therein.
(3)
The dimensions and capacity of each tank and the nature of material
stored therein.
(4)
The location of adjoining buildings, streets and roads on all sides.
B.
This section shall apply only to plants for the manufacture, refining
and distilling of petroleum and the liquid products thereof.
For a permit allowing the manufacture, refining and distilling
of petroleum, as provided in this article, the applicant shall pay
an annual permit fee.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to transport, store, sell, deliver or use within the
City petroleum or shale oil or any liquid product thereof or coal
tar without a permit from the Fire Commissioner.
A permit for the storage in an oil storage plant of petroleum
or shale oil or the liquid products thereof or of coal tar may be
issued by the Fire Commissioner upon an application giving in detail
the following information:
In connection with the application, the applicant shall file
a plan, in duplicate, drawn to scale of at least 1/16 of an inch to
the foot, showing clearly thereon the following:
For a permit allowing the storage and sale of petroleum or shale
oil and the liquid products thereof and of coal tar in a wholesale
storage plant, as provided in this chapter, the applicant shall pay
an annual permit fee.
The storage capacity of a wholesale storage plant for the storage
of petroleum or shale oil and the liquid products thereof and of coal
tar shall in no case exceed 1,000,000 gallons.
For a permit allowing storage and sale in fireproof buildings,
not occupied for dwelling purposes, of oil other than volatile flammable
oil not to exceed 5,000 gallons in quantity, the applicant shall pay
an annual permit fee.
In no case shall more than 5,000 gallons of oil other than volatile
flammable oil be stored.
For a permit allowing the storage and sale at retail of lubrication
oils, shale oils and the liquid products thereof and of coal tar,
the applicant shall pay an annual fee of $10 for each unit capacity
of storage of 280 gallons or any part thereof.
For a permit allowing the storage and sale at retail of petroleum,
the applicant shall pay an annual permit fee.
Not more than 29,000 gallons of petroleum shall be stored at
retail.
Persons holding a wholesale permit for a storage plant shall
not be required to procure a permit for the wholesale or retail sale
of petroleum or shale oil and the liquid products thereof or coal
tar.
All storage tanks comprising or forming a part of an oil storage
plant shall be placed underground and embedded in soft earth so that
the tops thereof shall be at least two feet below the grade level,
except that the Fire Commissioner may, by special permit, authorize
the storage of oils in tanks above the ground where the physical conditions
make it impractical to place the tanks underground.
It shall be unlawful for any person to keep or maintain a plant
for the storage of petroleum or shale oil or any liquid product thereof
or of coal tar unless such plant is continuously under the care and
supervision of the owner or an employee.
No permit shall be issued for the storage of petroleum or shale
oil or any liquid product thereof or of coal tar on any premises within
100 feet of any building occupied as a tenement house, dwelling, school,
factory, theater or other place of public amusement or assembly.
Except as otherwise provided in this article, it shall be unlawful
for any person to store or keep in a storage plant in the City oils,
other than volatile flammable oils that do not emit an flammable vapor
below 110° F., in greater amounts than 100,000 gallons if
in tanks; 500 barrels or drums of not more than 55 gallons each if
in barrels or drums; and 10,000 gallons if in cans.
It shall be unlawful for any person to sell and deliver petroleum
or shale oil or the liquid products thereof or of coal tar in quantities
exceeding five gallons unless the purchaser thereof holds a permit
issued by the Fire Commissioner for the transportation, storage, sale
or use of such oils; provided, however, that nothing contained in
these regulations shall be construed as requiring a permit for the
storage of volatile flammable oil in tanks of motor vehicles, motorcycles,
motor tricycles, motorboats, aircraft or other similar craft or vessels
for use as fuel for generating motive power.
A permit for the storage of kerosene oil and other illuminating
oils in quantities aggregating not more than 560 gallons and for the
sale thereof at retail may be issued by the Fire Commissioner upon
an 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 the building.
D.
The purpose for which the building is used and the number of families
residing therein, if any.
E.
The nature of the business in which the applicant is engaged in such
building.
For a permit allowing the storage and sale of kerosene oil and
other illuminating oils at retail, the applicant shall pay an annual
permit fee.
It shall be unlawful for any person to sell or offer for sale
any kerosene or other illuminating oils which will emit an flammable
vapor at a temperature lower than 110° F.
All kerosene barrels, cans and other containers shall be removed
from the premises within 24 hours after being emptied.
Where lubricating oils and greases in sealed cans and sealed
drums are carried for sale at retail in connection with a business
holding a permit provided by this chapter, a permit fee shall be paid
by the permittee.
The maximum quantity of lubricating oils and greases, carried in sealed containers, which may be carried in stock under a permit of $5 as provided for in § 59-148 of this chapter, shall be one carload. Upon the granting of the permit, the maximum quantity of oil to be stored thereunder shall be endorsed upon the permit by the Fire Commissioner.
No permit shall be required for the transportation, storage
or use of volatile flammable oil in quantities not exceeding five
gallons.
Storage tanks shall not be placed or installed until the application
therefor shall have been approved, in writing, by the Fire Commissioner.
A permit for the storage of volatile flammable oil in a quantity
of not exceeding 29,000 gallons and for the sale thereof at retail
may be issued by the Fire Commissioner upon an application giving
in detail the following information:
For a permit allowing the storage and sale at retail of volatile
flammable oils, the applicant shall pay an annual permit fee.
No permit shall be issued for the storage or sale of volatile
flammable oil in any building:
A.
Which is occupied as a tenement house, dwelling, school or place
of public amusement or assembly.
B.
Where explosives are stored or kept for sale or use.
C.
Where dry goods or other material of a highly flammable nature are
manufactured, stored or kept for sale.
D.
Where the portion of the building occupied or used for the storage
of volatile flammable oil is lighted by any other means than electricity.
When a tank is located beneath a building, the limit of storage
permitted shall depend upon the location of the tank with respect
to the building to be supplied and adjacent buildings. The Fire Commissioner
shall determine the maximum quantity of volatile flammable oil to
be stored in any such building.
Storage tanks may be permitted under a sidewalk or within a
sidewalk area or outside a property line only on the following conditions:
A.
If the location of such tanks is at least 10 feet distant from the
nearest structure not controlled by the applicant.
B.
Plans of storage equipment must be submitted to and approved by the
Fire Commissioner. The plans must be drawn to a scale of 1/4 of an
inch to the foot and must show clearly thereon the following:
Except as otherwise provided in this chapter, volatile flammable
oil may be transported and delivered within the City only in the following
manner:
Each vendor of volatile flammable oil shall deliver to the Fire
Commissioner on or before the 10th day of each month a statement,
verified as to its correctness by his affidavit, showing the deliveries
of volatile flammable oil in excess of five gallons made to each purchaser
thereof in the City during the preceding month. No report, however,
shall be required of deliveries of volatile flammable oil made directly
to the fuel tanks of aircraft, motorboats, motorcycles, motor tricycles,
motor vehicles and similar craft and vessels which use volatile flammable
oils as a means of propulsion, for use as fuel for generating motive
power. Such statement as herein required shall be made upon forms
furnished by the Fire Commissioner and shall give in detail the following
information:
No volatile flammable oil shall be delivered into any fuel tank
of any motive vehicle unless the motor is stopped.
Wherever the physical conditions along the Hudson River front
in the City make it impractical to place underground a storage tank
for the purpose of a marine storage station where volatile flammable
oils are to be stored and delivered to launches and other vessels
or motor vehicles for generating motive power, the Fire Commissioner
may, by a special permit, authorize the storage of volatile flammable
oils in a tank aboveground in a quantity not exceeding 3,000 gallons,
and the sale thereof.
Oils so sold shall be conveyed from the tank to the fuel tanks
of vessels or motor vehicles directly by a pipeline or by standard
safety five-gallon enclosed cans and emptied immediately into the
fuel tanks of vessels or motor vehicles.
The Fire Commissioner may, by special permit, authorize the
storage of volatile flammable oils in storage tanks aboveground, provided
that such tanks are of a type and construction approved by him, and
such tanks must be surrounded by a wall of reinforced concrete, brick
or stone. The enclosure thus provided must be capable of holding the
entire contents of all oils stored therein, and the thickness and
height of such wall shall be determined by the Fire Commissioner upon
the advice of the Director of the Bureau of Housing and Buildings.
To facilitate the filling of tank vehicles, there may be installed
in a plant for storage of volatile flammable oils not more than four
small tanks, elevated on brick, concrete or stone piers.
Tanks located beneath garage buildings not used for dwelling
purposes may have a test well, provided that the well extends to near
the bottom of the tank. When a tank is located beneath any building,
the test well must extend to at least 12 feet above the source of
supply. The top shall be hermetically sealed and locked except when
necessarily opened.
