fp ch5 flammable/combustible liq jd Flashcards
TEST
STORAGE FOR All OCCUPANCIES (INCLUDING MERCANTILE) ESTABLISHED OR ALTERED ON OR AFTER JULY 1, 2008
2.1 Class I liquids (flammable liquids) in any amount shall not be permitted in basements, cellars, or other areas below grade. (FC 3404.3.5.1)
2.2 Class II and III liquids (combustible liquids) are allowed to be stored in basements, cellars, or other areas below grade provided that these areas are protected throughout by a sprinkler system (FC 3404.3.5.1)
Exception: Class III B liquids may be stored in basements, cellars and other areas below grade that are not protected throughout by a sprinkler system, when stored in a room or other area that is segregated, vertically and horizontally, from surrounding spaces by a fire separation of not less than two hour fire resistance rating and such room or other area is protected by a sprinkler system.
Local Law 26 of 2002 was enacted after the “Father’s Day Fire,” and only pertained to mercantile establishments. This local law is still valid for any mercantile establishments prior to July 1, 2008. Owners of mercantile establishments were required to comply with Local Law 26 by 2004; the law was enacted in 2002.
-All mercantile occupancies lawfully pre-existing on July 1, 2008 were required to comply with the requirements of Local Law 26 of 2002. This local law required the installation of sprinkler systems for the below grade storage of flammable and combustible liquids in both new and existing facilities. Mercantile occupancies existing on the effective date of Local Law 26 of 2002 were given until 2004 to bring their facilities into compliance with the sprinkler system requirements. Below is an excerpt of Local Law 26 of 2002 (former Fire Prevention Code Section 27-4066).
A. Local Law # 26 of 2002 Automatic Sprinkler Requirements
Regardless of occupancy group classification, in each basement, cellar or other location below grade, regardless of floor area of such space in any mercantile establishment in which the commissioner permits the storage of flammable mixtures, combustible mixtures, and finishing products of this code, except that where such mixtures are stored below grade in a room which is segregated, vertically and horizontally, from surrounding spaces by a fire separation of not less than two hours, such sprinkler system will only be required in such room.
B. On July 1, 2008, the former Fire Prevention Code was repealed, including section 27-4066. Since the new Fire Code prohibits the below grade storage of flammable liquids below grade, it was necessary to promulgate this repealed section as a new rule (3RCNY3834-01(d)(2)) for pre-existing mercantile facilities that stored flammable liquids below grade (see rule section below).
Permit Present
4.2 If an occupancy is found storing Class I liquids (flammable liquids) in below grade areas (except in a lawfully existing facility), a forthwith VO (HM-2) shall be issued to have all liquids removed from the below grade area immediately. The fire official should consider serving an immediate summons for failure to comply with the law, FC 3404.3.5.1 and/or R3834-01(d)(2).
Note: The owner cannot claim to be ignorant about the legal requirements. This will not serve as an excuse.
Additional note: The class I liquids removed from the below grade area can remain within the occupancy as long as a permit is present and they are not below grade.
Action: VO (HM-2)
4.3 When a sprinkler system is not provided as per FC 3404.3.5.1 (see above) and class II and III liquids (combustible liquids) are kept below grade, the fire official shall issue a forthwith violation order (HM-3) to remove the combustible items from below grade (except in a lawfully existing facility). The Officer should forward a sprinkler recommendation (A-244) See Chapter 5, Reference # 1.5.
Commentary
A. Pursuant to FC 102.3(existing facilities) and 3RCNY 102-01(existing facilities), the provisions of FC 3404.3.5.1 are not applicable to lawfully existing facilities established prior to July 1, 2008. Such facilities that cannot comply with the requirements of the new code may continue to store flammable and combustible liquids below grade in accordance with the laws and regulations in effect at the time the facility was lawfully established. However, if the facility as it relates to such below grade storage undergoes alteration; such alteration would be required to comply with such new provisions.
B. FC 3404.3.5.1 does not specify a minimum amount of flammable or combustible liquid to be stored below grade that would trigger compliance with the requirement for the installation of a sprinkler system. Therefore the interpretation of this provision is that any amount of below grade storage of flammable or combustible liquid would trigger the sprinkler system requirement. These “trigger” amounts may be the subject of a future FDNY rulemaking. Please call the BISP Hotline (718)281-3877 for further assistance, if needed.
C. There are special requirements applicable to the below grade storage of flammable and combustible liquids in mercantile occupancies which was the subject of Local law 26 of 2002. See section (3) on the next page for details.
