2006 New York Code - Volatile Flammable Oils.



 
    §  27-4058 Volatile flammable oils. a. Report of sales. Each vendor of
  volatile flammable oil shall render to the commissioner,  on  or  before
  the tenth day of each month, a statement, verified as to its correctness
  by an affidavit, showing the total quantity of volatile flammable oil in
  excess  of  five  gallons delivered to each purchaser in the city during
  the preceding month; provided, however, that no report shall be required
  of volatile flammable oil delivered directly to the fuel tanks of  motor
  vehicles,   motorcycles,   motor  tricycles,  motor  boats,  air  ships,
  aeroplanes and other similar craft and vessels.
    b. Retail sales. It shall be unlawful  to  sell  or  deliver  volatile
  flammable  oil  in  quantities exceeding one gallon unless the purchaser
  thereof holds a permit for the transportation, storage, sale or  use  of
  such  oil;  provided,  that nothing contained in subchapters one through
  twenty-seven of this chapter shall be construed as  requiring  a  permit
  for  the  storage  of  volatile  flammable  oil  in  the  tanks of motor
  vehicles,  motor  tricycles,   motorcycles,   motor   boats,   airships,
  aeroplanes,  or  other  similar  craft  or vehicles, for use as fuel for
  generating motive power; and provided further that no  permit  shall  be
  required  for  the  transportation, storage or use of volatile flammable
  oil in quantities not exceeding one gallon.
    c. Transportation. Except  as  otherwise  provided  in  this  section,
  volatile  flammable  oil  may  be  transported  only  in  the  following
  containers:
    1. Cans of a capacity not to exceed five gallons each, having  plainly
  marked  thereon  the  words,  "DANGEROUS--KEEP  FROM  FLAME",  and being
  equipped with a metal seal, so arranged that there shall  be  no  outlet
  for the oil unless the seal is broken.
    2.  Glass  bottles  of  a  capacity  not  exceeding  four ounces each,
  labeled, "DANGEROUS--KEEP FROM FLAME."
    3. Steel barrels or drums of  a  capacity  not  to  exceed  fifty-five
  gallons each, having plainly marked thereon the word, "DANGEROUS."
    4. Volatile flammable oil drawn from an approved storage system on the
  premises,   and   intended  for  further  manufacture  or  use,  may  be
  transported for such use in safety cans of a type approved by  the  fire
  chief and commissioner, and of a capacity not greater than five gallons.
    5.  Tank  trucks of a type constructed and equipped in accordance with
  the requirements of the fire chief and commissioner. The  provisions  of
  this paragraph shall not be applicable to tank trucks, semi-trailers and
  other  vehicles  described  in  and  used  in  a  manner provided for in
  paragraph six of this subdivision. It shall be unlawful to  operate  any
  tank  truck  or  other vehicle transporting volatile flammable oils on a
  public highway or to fill or load a tank truck  or  other  vehicle  with
  such  oils,  or to receive or accept delivery of such oils, except in or
  from a tank truck or other vehicle for which  a  permit  or  other  fire
  department  authorization  has  been issued. Each tank truck shall be in
  the charge of a person holding a certificate of fitness, whose  duty  it
  will  be  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  that all pipe connections and fill cap covers are oil
  tight. Such person shall also keep in a safe  place  on  the  truck  the
  inspection  card  furnished by the fire department. Each such tank truck
  shall have prominently displayed  thereon  the  fire  department  permit
  plate.  The  person  holding the certificate of fitness shall produce on
  demand of any representative of  the  fire  or  police  departments  the
  inspection  card,  which  shall  be the property of the fire department.
  Notwithstanding any provision  of  this  section  or  subdivision  e  of
  section  27-4053,  the  transportation  of petroleum, coal tar or liquid

products thereof shall be as set forth in subdivision c of section 27-4057 and subdivision b of section 27-4062. 6. Exemptions and exceptions. Notwithstanding any provision of this section or any other provision of law, no permit shall be required to operate on a public highway or street any tank truck, semi-trailer or other vehicle designed, constructed and equipped in accordance with 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, to carry liquid products of petroleum 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 person holding a certificate of fitness, whose duty it will be 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 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 regulations of the federal department of transportation. 7. Except as provided for in paragraph six of this subdivision interstate transportation of volatile flammable oils in tank trucks or other vehicles with no pick-up or delivery made in the city shall be in accordance with routes and time as prescribed by the commissioner when such transportation is in tank trucks or other vehicles which do not conform to fire department requirements. d. Use and storage. Printers, lithographers and similar users of volatile flammable oil shall be required to keep their supply of such oil in approved safety cans or buried storage tanks. Limited permits may be issued by the commissioner, for periods of less than one year, authorizing the storage and use of volatile flammable oil, kerosene or fuel oil in streets, or on sidewalks, or in a building under construction, when needed in connection with authorized building operations or street improvements, when such material is enclosed in an approved metal container, and, if in quantities greater than ten gallons, is surrounded by an enclosure satisfactory to the commissioner, constructed of corrugated iron or other fire retarding materials, such enclosure to be kept securely locked when not in actual use.

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