3 RCNY § 5304-01 Use of Carbon Dioxide in Beverage Dispensing Systems.
§ 5304-01 Use of Carbon Dioxide in Beverage Dispensing Systems.
(a) Scope.
(1) This section sets forth standards, requirements and procedures for the storage, handling and use of more than 100 pounds (874 SCF) of carbon dioxide, in low-pressure, liquefied form, in beverage dispensing systems.
(2) The provisions of this section do not apply to the storage, handling and use of carbon dioxide in any refrigerating system, fire extinguishing system or portable fire extinguisher, which are regulated by FC 606, 904 and 906, respectively.
(3) Any other storage, handling or use of carbon dioxide in a device, equipment or system shall be submitted for Department approval pursuant to FC 105.4, and shall be conducted under the personal supervision of a person holding a certificate of fitness, as set forth in FC 5301.4, if the amount of carbon dioxide being stored, handled or used requires a Department permit.
(b) General Provisions.
(1) Applicable standards. Carbon dioxide beverage dispensing systems shall be designed, installed, operated and maintained in compliance with the requirements of FC Chapter 53, this section and:
(A) Section 5307 of the 2022 Fire Code;
(B) Chapter 13 of NFPA Standard 55 (2016 edition);
(C) the equipment manufacturer's design specifications and installation, operation and maintenance instructions; and
(D) the Construction Codes, as applicable.
(2) Permit. A permit shall be required for the storage, handling and use of carbon dioxide as set forth in FC 105.6.
(3) Supervision. Carbon dioxide beverage dispensing systems shall be supervised as follows:
(A) Carbon dioxide beverage dispensing systems shall be installed by a person holding a certificate of fitness.
(B) The filling of a carbon dioxide container from any source shall be performed by a person holding a certificate of fitness.
(4) Installer certification of installation or repair. For any newly-installed carbon dioxide beverage dispensing system using more than 400 pounds (3,496 SCF) of carbon dioxide, alteration of such a system (including replacement of piping), and/or inspection or repair of such a system after activation of an emergency alarm or other release of carbon dioxide at or above the exposure limits referenced in 3 RCNY § 5304-01(c)(1)(G)(2), the installer shall complete and submit to the Bureau of Fire Prevention (by emailing to DistrictOfficeHeadquarters@fdny.nyc.gov) an affidavit in a form approved by the Department certifying that the system is in good working order and setting forth the following information, and such other information and documentation as the Department may require:
(A) New/altered systems:
(1) Quantity and size (capacity) of carbon dioxide storage container(s) installed;
(2) Location of installation at the premises, including floor and room or area;
(3) Whether the room is provided with mechanical ventilation and/or a carbon dioxide detection and alarm system; and
(4) Location of carbon dioxide beverage dispensing system central unit panel and visual or audible alarm notification devices.
(B) Emergency alarm activation/carbon dioxide release:
(1) Date/time of incident;
(2) Date/time of system restoration to service;
(3) Source/cause of carbon dioxide release; and
(4) System components repaired or replaced.
(c) Design and Installation Requirements.
(1) Compliance with applicable standards. Carbon dioxide beverage dispensing systems shall be designed and installed in accordance with IFC Section 5307, NFPA Standard 55, and any other applicable standards, as set forth in 3 RCNY § 5304.01(b)(1), including compliance with the following requirements:
(A) Containers designed for storage of low pressure, liquefied carbon dioxide;
(B) Pressure and level devices at the storage tank to indicate the quantity of liquid carbon dioxide, and a pressure device at the fill connection to indicate whether the containers have been filled to their design capacity;
(C) Pressure relief devices piped to a safe outdoor location;
(D) Piping systems designed to withstand the effects of expansion, contraction, vibration, physical damage and heat sources;
(E) Materials suitable for use in the storage of low-pressure, liquefied carbon dioxide;
(F) Foundation or floor capable of supporting the weight of the carbon dioxide system at full capacity;
(G) A carbon dioxide detection and alarm system designed and installed for:
(1) continuous monitoring of carbon dioxide beverage dispensing systems;
(2) detecting the release of carbon dioxide at or above the short-term exposure limit (STEL) for carbon dioxide established by the American Conference of Governmental Industrial Hygienists (ACGIH) and the permissible exposure limit (PEL) for carbon dioxide established by the United State Occupational Safety and Health Administration and/or other regulatory agencies having jurisdiction; and
(3) alerting building occupants to a release of carbon dioxide by activating a visual or audible alarm on the central unit panel, if any, and activating a visual or audible alarm notification device within each room or area requiring such system and outside of such room or area; and
(H) Mechanical ventilation, if and where required by the Construction Codes.
(2) Additional safety requirements. Carbon dioxide beverage dispensing systems shall additionally be designed and installed in compliance with the following requirements, which shall apply to all new and existing systems:
(A) Fill connections. It shall be unlawful to fill from a cargo tank any carbon dioxide container in a beverage dispensing system, except through a fill connection installed in accordance with this section. Each carbon dioxide storage container shall have its own fill connection and related piping. Fill connection(s) shall be in a lockable box permanently mounted on a wall outdoors. The fill connection and fill vent shall not be located in or above any below-ground spaces or stairwells. If installation of a fill connection is not practicable at a particular premises, application shall be made for modification pursuant to FC 104.8 before installing any carbon dioxide beverage dispensing system. Approval of such an installation shall be subject to such additional safety requirements as the Department may require.
(B) Storage containers. The container(s) storing the carbon dioxide shall be of a design certified as compliant with ASME or USDOT standards, as applicable. Storage containers shall be installed at a location readily accessible for servicing and reading of gauges. Storage containers shall not be installed at any location that would obstruct means of egress, fire protection systems, ventilation systems, or access to gas meters and other utility closets and panels. Storage containers shall be installed at or above grade level, where feasible; if installed below grade, a carbon dioxide detection and alarm system must be installed in all instances.
(C) Testing of piping. All piping joints and other connections shall be tested for leaks at time of installation using a soap solution or other equivalent product suitable for use in testing carbon dioxide beverage dispensing system piping.
(D) Dispenser regulators. Soda carbonation dispensers shall be designed to fail in the closed position.
(E) Approved alarm system. The carbon dioxide detection and alarm system shall be listed and labeled by a nationally recognized testing laboratory when such devices become commercially available.
(F) Central unit panel location. The central unit panel shall be installed in a location that is constantly attended and/or readily accessible in the event of activation of the carbon dioxide detection and alarm system. The central unit panel shall not be installed in the same room or area as the carbon dioxide storage container installation or in a below-grade location that would potentially expose a person accessing the central unit panel to a carbon dioxide leak.
(G) Protection of power supply. Any carbon dioxide detection and alarm system components supplied with electrical power from a wall receptacle (outlet) shall be protected against interruption of power supply by a plug lock, strap or other means of preventing the plug from being accidentally disconnected.
(3) Outdoor storage containers. Carbon dioxide storage containers for carbon dioxide beverage dispensing systems may be installed outdoors with prior Department approval. Application for approval of the installation shall be made to the Technology Management Unit of the Bureau of Fire Prevention, and shall include a site diagram and photographs showing the proposed location of the installation, distances to all building entrances, openings and lot lines, below-grade areas (including manholes), adjoining property uses, security measures, and such other information and documentation as the Department may require.
(d) Operational and Maintenance Requirements. Carbon dioxide beverage dispensing systems shall be operated and maintained in accordance with IFC Section 5307, NFPA Standard 55, and any other applicable standards, as set forth in 3 RCNY § 5304-01(b)(1), and in compliance with the following additional safety requirements:
(1) Signage.
(A) Manufacturer's warning/instruction sign. A sign shall be posted adjacent to any carbon dioxide detection and alarm system central unit panel and each visual or auditory alarm notification device, setting forth warnings and instructions about alarm modes and, as applicable, supervisory signals and/or other information.
(B) Carbon dioxide warning sign. A warning sign shall be conspicuously posted at the entrance to the room or area containing the storage containers indicating the presence of carbon dioxide and the danger of asphyxiation. In lieu of the language set forth in Section 13.6.3.1 of NFPA Standard 55, the warning sign shall read as set forth below. Alternative warning signs containing substantially similar information may be posted if approved by the Department:
"WARNING – CARBON DIOXIDE GAS INSTALLATION – ASPHYXIATION DANGER
A high carbon dioxide (CO2) gas concentration in this area can cause suffocation.
DO NOT ENTER ROOM/EVACUATE THE AREA:
• if the CO2 alarm indicates an immediate threat to life or safety. or
• if there is reason to believe there is a CO2 leak and there is no functioning CO2 alarm.
CALL NEW YORK CITY 911 IMMEDIATELY."
(2) Periodic quick check of system. A quick check of the carbon dioxide beverage dispensing system shall be conducted by the certificate of fitness holder each time the carbon dioxide container is filled, if feasible, but in any event not less than once every three months. The quick check shall consist of a visual inspection of:
(A) the pressure gauge on the storage container(s), to confirm that the pressure of the liquid carbon dioxide is within normal range;
(B) system components, to detect any sign of physical damage, frost build-up on the regulator or other visible evidence of component malfunction;
(C) any central unit panel of the carbon dioxide detection and alarm system, to confirm that the system is powered and operating properly, as well as to check for any system faults and activate any system test, including any test of alarm modes;
(D) the required warning sign, to confirm that it is posted, legible and not obstructed; and
(E) the room or area in which the carbon dioxide storage container(s) is installed, to confirm that there are no obvious unsafe conditions, such as storage of items on or against the container(s) or piping.
(3) Annual inspection. A full inspection of the carbon dioxide beverage dispensing system shall be conducted by a certificate of fitness holder at least once a year. All containers, vent, fill and dispenser piping, and other system components shall be inspected for damage or signs of wear. Any components not in good working order shall be repaired or replaced. Piping or other components that are not accessible for visual inspection shall be checked for pressure loss or other signs of deterioration, and replaced if there is evidence of deterioration in that piping or in other piping that was installed at or about the same time and is accessible for visual inspection.
(4) User safety training. At time of installation of a carbon dioxide beverage dispensing system, and at least once a year thereafter, the installer or other certificate of fitness holder associated with the company servicing the carbon dioxide beverage dispensing system shall verbally and in writing communicate the following carbon dioxide safety information to the owner and/or other responsible persons at the premises, to ensure that they are aware of the hazards associated with the system and understand how to safely operate and monitor the system:
(A) Asphyxiation and extreme temperature hazards associated with carbon dioxide release;
(B) Identification of each of the carbon dioxide beverage dispensing system components, including fill box, piping, containers, central unit panel, and visual and audible alarm notification devices, and a basic description of system operation;
(C) Importance of keeping system components free from physical damage or obstruction, including damage or obstruction from stored items;
(D) Importance of immediately reporting to the certificate of fitness holder any damage to, or malfunction of, the system and ensuring that the system is inspected, and if necessary, repaired, on an expedited basis; and
(E) Importance of immediately reporting and acting upon any release of carbon dioxide as set forth in 3 RCNY § 5304-01(d)(5).
(5) Notification of carbon dioxide leak. Upon activation of the carbon dioxide beverage dispensing detection and alarm system indicating an immediate threat to life or safety, or a release of carbon dioxide from the beverage dispensing system in a location without a functioning carbon dioxide detection and alarm system, the following steps must be taken:
(A) Immediately report the emergency to New York City 911;
(B) Keep all persons away from the carbon dioxide installation and evacuate the area;
(C) Notify the certificate of fitness holder;
(D) Discontinue use of the carbon dioxide beverage dispensing system until a qualified installer has certified that it has been restored to good working order, by completing an affidavit pursuant to 3 RCNY § 5304.01(b)(4).
(e) Recordkeeping. The owner or certificate of fitness holder shall maintain on the premises in accordance with FC 107 the following documentation:
(1) A copy of the Installer's Affidavit for new and altered systems, as set forth in 3 RCNY § 5304.01(b)(4);
(2) A copy of the Installer's Affidavit for any emergency alarm activation/ carbon dioxide release;
(3) A tag or other record of each quick check and annual inspection indicating:
(A) The date of the inspection;
(B) Whether the system is in good working order, and, if not, any conditions that require correction, and, if so, the date the condition was corrected and by whom; and
(C) The name and certificate number of the certificate of fitness holder who performed the inspection;
(4) The names and titles of the responsible person(s) at the premises trained in the use of the system; and
(5) A copy of the manufacturer's manual for the carbon dioxide beverage dispensing system.
(Amended City Record 8/30/2017, eff. 10/1/2017; renumbered and amended City Record 9/20/2023, eff. 10/20/2023)