There is a newer version of the New York Consolidated Laws
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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