2006 New York Code - Transportation And Delivery.



 
    §  27-4057 Transportation and delivery. a. Permit. Except as otherwise
  provided in subchapters one through twenty-seven  of  this  chapter,  it
  shall  be  unlawful to transport, store, sell, deliver or use within the
  city any petroleum or shale oil, or the liquid products of either, or of
  coal tar, without a permit.
    b. Containers.  Petroleum  and  shale  oil  and  the  liquid  products
  thereof,  and  of  coal  tar,  except  volatile  flammable  oils, may be
  transported only in the following named containers:
    1. In tank cars or through supply pipes;
    2. In steel, iron or  wooden  barrels  or  drums  of  a  capacity  not
  exceeding fifty-five gallons each;
    3.  In cans of a capacity not exceeding two and one-half gallons each,
  made of at least No. 32 B. W. G. tin or terne plate or equivalent metal,
  packed in substantial wooden cases or substantial paper cartons;
    4. In cans exceeding two and one-half gallons and not  exceeding  five
  gallons  capacity  each,  made  of at least No. 30 B. W. G. tin or terne
  plate or  equivalent  metal,  packed  in  substantial  wooden  cases  or
  substantial paper cartons;
    5.  In  metal  containers,  which  need not be cased or boxed, if such
  containers shall be made of at least 24  U.  S.  standard  gauge  plate,
  other  than plain black plate, and shall not exceed the capacity of five
  gallons each;
    6.  In  safety  cans  of  a  type  approved  by  the  fire  chief  and
  commissioner;
    7.  Lubricating  oils  may also be transported in glass bottles of not
  more than one quart capacity. Such bottles shall be securely sealed with
  caps or cork stoppers;
    8. In other containers of a type that may  be  approved  by  the  fire
  chief and commissioner.
    c.  Tank trucks and other vehicles. The provisions of this subdivision
  shall not  be  applicable  to  tank  trucks,  semi-trailers,  and  other
  vehicles described and used in the manner provided for in subdivisions d
  and  f  of  this  section. It shall be unlawful to transport on a public
  highway petroleum or shale oil, or the liquid product of either thereof,
  or of coal tar, in a tank truck or other vehicle or to fill  or  load  a
  tank  truck  or  other  vehicle  with  such products, or to deliver such
  products in or from a tank truck or other vehicle unless it be of a type
  constructed and equipped in accordance  with  the  requirements  of  the
  commissioner,  and  for  which  a  fire  department permit or other fire
  department authorization has been issued and is  displayed  pursuant  to
  this chapter and the regulations of the commissioner. A person holding a
  certificate   of  fitness  shall  be  in  charge  of  each  tank  truck,
  semi-trailer or other vehicle and it shall be his or  her  duty  to  see
  that  all  safety devices are in place and in proper working order; that
  the truck is properly grounded when filling or discharging; and all pipe
  connections and fill cap covers are oil tight. Such person shall produce
  on demand of  any  representative  of  the  fire  department  or  police
  department  the  inspection card which shall be the property of the fire
  department. Such inspection card shall be kept in a safe  place  on  the
  truck.
    d.  Exemptions  and  exceptions. Notwithstanding any provision of this
  section or any other provision of law, no permit shall  be  required  to
  transport  on a public highway or street, petroleum or shale oil, or the
  liquid product of either thereof, or of  coal  tar,  in  a  tank  truck,
  semi-trailer  or  other  vehicle  designed,  constructed and equipped in
  accordance with the general design and construction requirements of  the
  regulations  of  the  federal department of transportation governing the
  transportation of dangerous articles by  common,  contract  and  private

carriers engaged in interstate commerce which are applicable to such vehicles and tanks used to carry flammable liquid, and all amendments and supplements of and to such regulations hereafter duly enacted provided that such tank truck, semi-trailer or other vehicle is traveling on such highway or street for the purpose of going to or from New Jersey by way of the Goethals bridge to or from that area bounded on the north by Old Place creek and Forest avenue, on the east by Old Place creek, Braisted's creek, Hughes avenue and Hughes avenue projected north to Lambert's lane, and Bloomfield road, on the south by Bloomfield avenue, River road, Balls or Merrells creek, and Prall's river, on the west by Prall's river and Arthur Kill or Staten Island sound or by the pier and bulkhead line established by the United States government and approved by the secretary of war on the fourth day of March, eighteen hundred ninety of the Arthur Kill or Staten Island sound; comprising seven hundred acres more or less; and provided further that such tank truck, semi-trailer or other vehicle shall be traveling only on Western avenue or Forest avenue or Goethals road or such streets or avenues or roads as may hereafter replace such avenues or roads for the purpose of traversing between such area and the Goethals bridge, for a distance not exceeding two miles. Each such vehicle shall be in charge of a responsible person whose duty it will be to see that all required safety devices are in place and in proper working order; that the vehicle is properly grounded when filling or discharging; and that all pipe connections and fill cap covers are oil tight; and each such vehicle shall carry a permit or license or certification plate issued or carried pursuant to the regulations of the federal department of transportation. e. Interstate transportation. Interstate transportation of petroleum or coal tar, or the liquid product thereof, in tank trucks or other vehicles, with no pick-up or delivery made in the city of New York, shall be in accordance with routes and time as prescribed by the commissioner, when such transportation is in a tank truck or other vehicle which does not conform to fire department requirements. f. Notwithstanding any provision of this section or any other provision of law, no permit or other fire department authorization shall be required to transport on a public highway or street raw or finished petroleum, shale oil, coal tar or liquid products thereof with a flashpoint over three hundred degrees Fahrenheit, except fuel oils, when tested in a Tagliabue open cup tester, in a tank truck, semi-trailer or other vehicle designed, constructed, and equipped in accordance with the general designs and construction requirements of the regulations of the federal department of transportation governing the transportation of dangerous articles by common, contract, private and proprietary carriers engaged in interstate commerce which are applicable to such vehicles and tanks used to carry flammable liquids, and all amendments and supplements of and to such regulations hereinafter duly enacted provided that such tank truck, semi-trailer or other vehicle is used to deliver for manufacturing within the city the aforesaid raw petroleum or shale oil or liquid products thereof or is used for pick up within the city the aforesaid finished petroleum or shale oil or liquid products thereof for delivery outside the city. Each such vehicle shall be in the charge of a responsible person whose duty it will be to see that all required safety devices are in place, and in proper working order; that the vehicle is properly grounded when filling or discharging; and that all pipe connections and fill cap covers are oil tight and each vehicle shall carry a permit or license or certification plate issued or carried pursuant to the regulations of the federal department of transportation.

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