2006 New York Code - Approvals.

 
    §  27-4062  Approvals.  a.  Portable  burners. All portable burners or
  heating devices  using  fuel  oil  shall  be  of  a  type  for  which  a
  certificate  of  approval  shall have been issued by the commissioner or
  previously approved by the board of standards and appeals,  unless  such
  approval  is  amended or repealed by the commissioner. Such device shall
  be labeled in accordance with the requirements of the commissioner. Only
  an approved safety can may be used for filling  these  devices.  Nothing
  contained  in  this  section  shall  be construed as permitting the use,
  keeping, storage, or maintenance of a portable burner or heating  device
  using  fuel  oil,  in  any  case  where  such  use, keeping, storage, or
  maintenance is prohibited by section 27-4253  of  this  chapter  of  the
  code.
    b.  Deliveries:  The  provisions  of  this  subdivision  shall  not be
  applicable to tank trucks, semi-trailers and other vehicles used for the
  transportation or delivery of fuel oil which are described and  used  in
  the  manner  provided  for in subdivision c of this section. It shall be
  unlawful for any person  to  sell,  give  away  or  deliver  fuel,  oil,
  petroleum,  shale oil, coal tar, or any of the liquid products of any or
  all of such commodities, to be used for fuel  oil,  to  any  person  for
  transportation  or  delivery  by  or  in any tank truck or other vehicle
  unless a transportation permit for such  tank  truck  or  other  vehicle
  shall   have  been  previously  issued  for  the  current  year  by  the
  commissioner, pursuant to section 27-4057 of this subchapter and  unless
  such  tank truck or other vehicle has prominently displayed thereon such
  transportation permit plate. It shall also be unlawful for any person to
  sell, give away or deliver any of such commodities or any of such liquid
  products thereof to another person unless the latter  has  secured  from
  the  commissioner  a  permit issued, pursuant to section 27-4057 of this
  subchapter. It shall be unlawful for any person to fill or load  a  tank
  truck  or  other  vehicle with such commodities, or to receive or accept
  delivery of such commodities from a tank truck or other  vehicle  except
  in  or  from  a  tank truck or other vehicle for which a permit plate or
  other fire department authorization has been  issued  and  is  displayed
  pursuant to the requirements of the commissioner. Except as provided for
  in   subdivision   c  of  this  section,  interstate  transportation  of
  petroleum, or coal tar, or the liquid products thereof,  used  for  fuel
  oil,  in  tank  trucks or other vehicles, with no pick-up or delivery 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.
    c. Exemptions and exceptions. Notwithstanding any  provision  of  this
  section or any other provision of law, it shall be lawful for any person
  to  sell,  give  or deliver fuel, oil, petroleum, shale oil, coal tar or
  the liquid products of any or all of such commodities  to  be  used  for
  fuel oil, to any person for transportation or delivery by or in any tank
  truck,  semi-trailer  or  other  vehicle without a transportation permit
  provided such tank truck, semi-trailer or  other  vehicle  is  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 not scheduled to travel on any public highway or street
  except Western avenue or Forest avenue or Goethals road or such  streets
  or  avenues  or  roads as may hereafter replace such avenues or road for
  the purpose of traversing between such area and the Goethals bridge, 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
  on 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.  Any
  such  tank  truck, semi-trailer or other vehicle shall carry a permit or
  license or certification plate issued or carried pursuant to regulations
  of the federal department of transportation.
    d. Installation, alteration, testing and repair. It shall be  unlawful
  for  any person to install, alter, test or repair any motor fuel storage
  and dispensing equipment unless  such  person  holds  a  certificate  of
  license  to install, alter, test or repair such equipment or is employed
  and supervised by a person holding such  certificate,  except  for  such
  minor  repairs  or  other  maintenance  work  as  the  commissioner  may
  authorize to be performed without  such  license  or  such  supervision.
  Written  notification  shall  be  made  to  the  commissioner  prior  to
  commencing  any  work  pursuant  to  this  subdivision  except  for  the
  aforementioned minor repairs or other maintenance work.
    e.  Periodic tests for motor fuel storage and dispensing equipment and
  all other flammable  liquid  or  mixture  storage  systems.  Motor  fuel
  storage  and  dispensing  equipment  and  all  other flammable liquid or
  mixture storage systems shall be subject to such periodic testing as may
  be prescribed by the commissioner.
    f. Out-of-service storage systems. Storage systems for motor  fuel  or
  other  flammable  or  combustible  liquids or mixtures, which are not in
  use, shall be closed in the manner prescribed by the commissioner.