Distilleries

NYC Admin. Code tit. 29, ch. 2, ch. 40

in effect

NYC Fire Code § FC 4001 General

Section FC 4001: General 4001.1 Scope. This chapter governs the design, installation, operation and maintenance of distilleries, including the manufacturing, storage, handling and use of distilled spirits in such facilities. Storage of distilled spirits in a warehouse or a liquid storage warehouse that is not a distillery is governed by FC 5704.3. Any occupancy with ancillary distillery operations is a distillery regulated by this section. Exceptions: 1. Storage of distilled spirits in a warehouse, liquid storage warehouse or other storage facility that is not a distillery is governed by FC 5704.3. 2. Bottling and related processing of distilled spirits, including blending, filtering, and other handling of distilled spirits, but excluding distilling, in a warehouse, liquid storage warehouse or other storage facility that is not a distillery, shall be conducted in accordance with FC 5705 or as otherwise provided in the rules. 4001.2 Permits. Permits shall be required as set forth in FC 105.6. 4001.3 General. The design, installation, operation and maintenance of distilleries, including the manufacturing, storage, handling and use of distilled spirits, shall be in accordance with this chapter. Nothing contained in this chapter shall authorize operations or facilities in contravention of Federal, State and City laws, rules and regulations governing distilled spirits, including the regulations of the Tax and Trade Bureau of the United States Treasury Department and the New York State Liquor Authority. 4001.3.1 Special approval for distilleries with widely-separated operations. The department, in its discretion, may approve alternative design, installation, operational and maintenance standards, including alcohol storage in excess of 20,000 gallons (75 700 L), on a case-by-case basis, for any distillery housed in a detached building exclusively occupied for such purpose, which, by reason of its size (floor area and ceiling height) is able to mitigate the hazards associated with the distilling process by maintaining substantial separation between its stills and other distillery equipment and between its distilled spirits processing area and other distillery operations. The department may apply distilled spirits industry design standards for such distilleries, in whole or in part, in light of the distillery's design, construction and location. 4001.3.2 Special approval for distilleries based on performance standards. The department, in its discretion, may approve alternative design, installation, operation and maintenance requirements, including distilled spirits industry design standards, where the applicant demonstrates that the design of the still, alcohol storage and handling equipment, grain handling equipment and/or other equipment mitigate the hazards associated with distillery operations. 4001.3.3 Special approval for existing distilleries. The department, in its discretion, may approve by rule and/or individual modification alternative design and installation requirements for distilleries existing prior to the effective date of this section. 4001.4 Acceptance testing. Prior to commencement of distillery operations: 1. The still and all piping associated with alcohol processing equipment shall be inspected and tested by, or in the presence of, a certificate of fitness holder at the time of installation to ensure that the equipment is in good working order; and 2. Electrical wiring, equipment and installations shall be installed in accordance with the construction codes, including the Building Code and the Electrical Code. 4001.5 Prohibitions. It shall be unlawful to: 1. Store more than 20,000 gallons (75 700 L) of alcohol in any distillery, except as may be authorized by the department pursuant to FC 4001.3.1 2. Conduct distilling, alcohol processing or bottling above the second floor of any building, or in any basement, cellar or other below grade location, except as authorized by the department. 3. Establish or operate a distillery in any building housing a Group E, R-2 or I occupancy, or in which Group A occupancy is the dominant occupancy, except as authorized by the department. 4001.6 Supervision. Distilleries and distillery operations shall be under the supervision of a certificate of fitness holder, as follows: 1. Still operation, and periodic testing of stills, shall be personally conducted by a certificate of fitness holder. 2. Distillery equipment other than stills shall be operated under the personal supervision of a certificate of fitness holder. 3. All other distillery operations, including the storage of raw alcohol and distilled spirits, shall be under the general supervision of a certificate of fitness holder. 4. The installation, alteration, repair or servicing of stills and other distillery equipment shall be conducted under the personal supervision of a still installation certificate of fitness holder or other person with approved qualifications. 4001.7 Other alcohol products. Manufacturing, storage, handling and use in a distillery of alcohol products that are not raw alcohol or distilled spirits shall comply with the requirements of FC 4007. 4001.8 Very low flammability. Any distillery that exclusively manufactures, stores, handles and uses beverage alcohol that is a Class I liquid with an alcohol content by volume of 20 percent or less (including raw alcohol, process alcohol and finished products) may apply to the Department to be exempted from design and installation requirements of this chapter. 4001.9 Combustible dust. Any distillery that generates combustible dust shall comply with the requirements for combustible dust-producing operations set forth in FC Chapter 22 and this chapter. 4001.10 Emergency response plan. Each distillery shall prepare and maintain an emergency response plan to address fires; spills, vapor releases and other accidental discharges; and distillery equipment alarms. Distilleries may utilize emergency plans developed in compliance with OSHA or New York State Department of Labor regulations, provided that they address all matters required by this chapter. The certificate of fitness holder shall train all distillery staff to implement such emergency response plan, including appropriate mitigating and reporting actions necessitated by fire, leak or spill.

NYC Fire Code § FC 4002 Definitions

Section FC 4002: Definitions 4002.1 Definitions. The following terms shall, for the purposes of this chapter and used elsewhere in this code, have the meanings set forth in FC 202. ALCOHOL STORAGE AREA. BEVERAGE ALCOHOL. Distilled Spirits. Finished Goods. Process Alcohol. Raw Alcohol. CHEMICAL STORAGE BUILDING. DISTILLED SPIRITS PROCESSING AREA. DISTILLERY. Small Distillery. Medium Distillery. Large Distillery. DISTILLERY EQUIPMENT. Alcohol Process Tank. Closed Alcohol Process Tank. Open Alcohol Process Tank. Alcohol Storage Equipment. Barrel. Intermediate Bulk Container. Alcohol Storage Tank. Still. DISTILLERY OPERATIONS. Alcohol Processing. Bottling. Distilling. DISTILLERY SERVING AREA. DISTILLERY WASTE PRODUCTS.

NYC Fire Code § FC 4003 Design and Installation Requirements for Distillery Facilities

Section FC 4003: Design and Installation Requirements for Distillery Facilities 4003.1 General. The building housing a distillery shall be designed and installed in accordance with this section. Design and installation documents shall be submitted for department review and approval. 4003.2 Occupancy type. Distilleries shall be housed in buildings and occupancies with the following occupancy classifications: 1. A small distillery shall be located in a building or space designed as an F-1 factory occupancy as set forth in FC 4003.4.1. Such factory occupancy may be located in a mixed-occupancy building, except as otherwise provided in FC 4001.5(3). 2. A medium distillery shall be located in a high-hazard occupancy, as set forth in FC 4003.4.1, in a building in which Group F occupancy is the dominant occupancy 3. A large distillery shall be located in a separate building or in a detached building, which is classified as a high-hazard occupancy. 4003.3 Maximum still capacity and maximum allowable quantity. Maximum still capacities shall be based upon distillery size, as set forth in FC Table 4003.3. The maximum allowable quantity of alcohol, of any type, shall not exceed the amounts set forth in FC Table 4003.3 and FC 4003.3.1 through 4003.3.3, except as authorized by the department. FC Table 4003.3 Maximum Still Capacities and Maximum Allowable Quantities Distillery Size Maximum Individual Still Capacity Aggregate Maximum Still Capacity Maximum Allowable Quantity per Control Area a Aggregate Maximum Allowable Quantity b Additional Storage Allowance per Control Area for Beverage Alcohol and Precursors ≤ 20% ABV c Maximum Aggregate Allowable Quantity of Beverage Alcohol and Precursors ≤ 20% ABV d Small distillery 125 gallons (473 L) 250 gallons (946 L) 750 gallons (2839 L) 1,500 gallons (5678 L) 750 gallons (2839 L) 1,500 gallons (5678 L) Medium distillery 750 gallons (2839 L) 1,500 gallons (5678 L) 2,000 gallons (7570 L) 6,000 gallons (22 710 L) 4,000 gallons (15 140 L) 8,000 gallons (30 280 L) Large distillery 2,000 gallons (7570 L) 8,000 gallons (30 280 L) 4,000 gallons (15 140 L) 20,000 gallons (75 700 L) 8,000 gallons (30 280 L) 16,000 gallons (60 560 L) a. The maximum allowable quantity per control area comprises all raw alcohol and distilled spirits stored on the premises, excluding the amounts of finished goods allowed by FC 4005.2.5. b. The aggregate maximum allowable quantity comprises all raw alcohol and distilled spirits stored on the premises, excluding the amounts of finished goods allowed by FC 4005.2.5. These amounts are reduced in a combined fire area pursuant to FC 4003.4.2 to 1,000 gallons (small distillery); 2,000 gallons (medium distillery); and 4,000 gallons (large distillery). c. Additional allowance per control area applies to beverage alcohol and flammable beverage alcohol precursors, up to a maximum of 20% alcohol content by volume (ABV), clearly labelled as such in accordance with Federal or other applicable regulations. d. Maximum aggregate allowable quantity stored on the premises of beverage alcohol and flammable beverage alcohol precursors, up to a maximum 20% alcohol content by volume (ABV), clearly labelled as such in accordance with Federal or other applicable regulations. These amounts are reduced in a combined fire area pursuant to FC 4003.4.2 to 1,000 gallons (small distillery); 4,000 gallons (medium distillery); and 8,000 gallons (large distillery). 4003.3.1 Small distillery. The maximum allowable quantity in a small distillery shall be 750 gallons (2839 L) per control area. An additional 750 gallons (2839 L) of beverage alcohol and flammable beverage alcohol precursors, with an alcohol content by volume of 20 percent or less, may be stored, handled or used per control area. 4003.3.2 Medium distillery. The maximum allowable quantity in a medium distillery shall be 2,000 gallons (7570 L) per control area. An additional 4,000 gallons (15 140 L) of beverage alcohol and flammable beverage alcohol precursors, with an alcohol content by volume of 20 percent or less, may be stored, handled or used per control area. 4003.3.3 Large distillery. The maximum allowable quantity in a large distillery shall be 4,000 gallons (15 140 L) per control area. An additional 8,000 gallons (30 280 L) of beverage alcohol and flammable beverage alcohol precursors, with an alcohol content by volume of 20 percent or less, may be stored, handled or used per control area. 4003.4 Fire separations. Except as otherwise provided in FC 4003.4.1 and 4003.4.2, a minimum of 1-hour fire barriers or horizontal assemblies, or both, constructed in accordance with the Building Code, including self-closing doors, shall be installed to separate the following distillery operations from each other: 1. Distilled spirits processing areas. 2. Alcohol storage areas, except barrel storage. 3. Barrel storage areas. 4. Distillery serving area. 5. General business operations area and/or finished goods storage in excess of 250 gallons (946 L). 6. Other alcohol production areas. 4003.4.1 Factory and high-hazard areas. The distilled spirits processing areas, alcohol storage areas and barrel storage areas shall be constructed, in small distilleries, with the fire barriers and horizontal assemblies required for a factory occupancy, and, in medium distilleries, with the fire barriers and horizontal assemblies required for a high-hazard occupancy. 4003.4.2 Combined fire areas. The distilled spirits processing areas, alcohol storage areas, barrel storage areas and other alcohol production areas may be located in a single fire area subject to the following requirements: 1. The total quantity of alcohol stored, handled or used in the fire area is limited as follows: 1,000 gallons (3785 L) in a small distillery; 2,000 gallons (7570 L) in a medium distillery; 4,000 gallons (15 140 L) in a large distillery, and a maximum allowable quantity of twice that amount for beverage alcohol and flammable beverage alcohol precursors, with an alcohol content by volume of 20 percent or less, for medium and large distilleries, and, in a small distillery, a maximum quantity of 1,000 gallons (3785 L). 2. Barrel storage shall be in accordance with FC 4005.3. The barrel storage area shall be separated by a wall, bollards or other approved separation designed to minimize the risk from rolling barrels. 3. The entire fire area shall be provided with emergency alarm detection and exhaust ventilation systems in accordance with FC 4003.5.3 and 4003.7. 4. The entire fire area shall be provided with electrical wiring and equipment in accordance with FC 4003.8. 5. Grain mashing and fermenting may be conducted in such combined fire area. All grain conveyance shall be in enclosed containers or systems. A combustible dust collection system shall be provided for any unenclosed grain handling. No grain milling shall be conducted in such combined fire area. 6. Additional quantities of alcohol shall be stored in a listed and approved chemical storage building within the space, at an approved location, or in a separate fire area. 4003.5 Fire protection systems. Fire protection systems shall be provided in accordance with FC 4003.5.1 through 4003.5.3. 4003.5.1 Sprinkler system. Distilleries shall be protected throughout by a sprinkler system designed in accordance with the Building Code. The sprinkler system in a small distillery shall be designed to be of an extra hazard type. The sprinkler system in a medium or large distillery shall be designed for a high-hazard occupancy. Sprinkler systems for high-piled barrel storage shall comply with the sprinkler requirements for such storage systems in accordance with FC 3206.4. Sprinkler systems for distilleries producing combustible dust shall comply with the sprinkler requirements of NFPA 652. 4003.5.2 Fire alarm system. Distilleries shall be provided with a manual and automatic fire alarm system. If the fire alarm system is part of a building system that provides protection to other occupancies, a separate sprinkler water flow device shall be provided for the distillery occupancy, except in a small distillery equipped with a smoke detection system. Such fire alarm system shall activate alarm notification devices throughout the distillery and be monitored by a central station. 4003.5.3 Emergency alarm system. Distilleries shall be provided with a gas detection system designed to detect flammable vapors in accordance with FC 908 in the distilled spirits processing area and alcohol storage areas, and in any area of the distillery in which flammable vapors in more than de minimis quantities may be released or accumulate. Such emergency alarm system shall activate alarm notification devices throughout the distillery. 4003.6 Explosion control. Medium and large distilleries shall be provided with explosion control designed in accordance with FC 911 to mitigate the impact of an explosion. 4003.7 Exhaust ventilation. Exhaust ventilation shall be provided in accordance with Section 502.8 of the Mechanical Code in the distilled spirits processing area and alcohol storage areas, and in any area of the distillery in which flammable vapors in more than de minimis quantities may be released or accumulate. 4003.8 Electrical wiring and equipment. Electrical wiring and equipment shall be installed in accordance with the Electrical Code. Class 1, Division 1 electrical wiring and equipment shall be provided in the distilled spirits processing areas and alcohol storage areas, except that where a closed system as defined in FC 202 is being utilized in a distilled spirits processing area or alcohol storage area, electrical wiring and equipment shall be provided as follows: 1. Class1, Division1 and Class I, Division 2 electrical wiring and equipment in accordance with FC Table 5703.1.1 (for indoor equipment where flammable vapor/air mixtures could exist under normal operations); and 2. Class 1, Division 1 electrical wiring and equipment in pits and behind containment barriers where flammable vapor cannot dissipate horizontally; and 3. Class 2, Division 1 electrical wiring and equipment in any other area where combustible dust may be present. 4003.8.1 Lighting. Distilled spirits processing areas, excluding barrel storage areas, shall be well lighted to facilitate safe operation of distillery equipment and visibility of signage. 4003.9 Mechanical equipment. All stationary and portable electrically-powered and/or heat-producing devices, equipment and systems, including space heating and cooling systems; mechanical refrigerating systems; and conveyers, installed or used in a distilled spirits processing area or alcohol storage area shall be suitable for a classified location in accordance with the Electrical Code, the Mechanical Code and NFPA 30, as applicable, except where all alcohol handling is in a closed system or where an explosion mitigation analysis indicates that the equipment is outside of the classified area. No mechanical equipment with burners, or using other flames or exposed electrical elements, shall be installed or used in distilled spirits processing areas and alcohol storage areas. Air-driven power tools shall be used whenever practicable instead of electrical tools; when electrical tools must be used, no distilling, alcohol processing or bottling operations shall be conducted and the control area shall be clear of any flammable vapors. 4003.10 Environmental control. Stills shall be operated within the ambient temperature range recommended by the still manufacturer and in accordance with distilled spirits industry standards. 4003.11 Emergency power. Gas detection systems and any exhaust ventilation system designed to maintain flammable vapor concentration below the lower explosive limit shall be provided with an emergency power system in accordance with the Building Code. 4003.12 Spill control. Drainage or containment systems to restrict and control spills, including noncombustible and liquid-tight floors, shall be provided in distilled spirits processing areas and alcohol storage areas in accordance with FC 5004.2. A hose suitable for a classified environment connected to a water supply shall be provided to facilitate dilution of any spills. 4003.13 Storage areas. Storage areas shall be designed and installed in accordance with FC 4005. 4003.14 Impact protection. Distillery equipment used to manufacture, store, handle or use beverage alcohol, including storage tanks, shall be protected from accidental impact from powered industrial trucks and other mechanical handling equipment in accordance with NFPA 505 and distilled spirits industry standards. 4003.15 Lightning protection. Medium and large distilleries that occupy a separate building shall be provided with lightning protection in accordance with the Electrical Code and NFPA 780.

NYC Fire Code § FC 4004 Design and Installation Requirements for Distillery Equipment

Section FC 4004: Design and Installation Requirements for Distillery Equipment 4004.1 General. Distillery equipment shall be designed and installed in accordance with this section and distilled spirits industry standards. 4004.2 Listed or labeled. Distillery equipment used to manufacture, store, handle or use beverage alcohol shall be listed or labeled for the intended use, if listing and labeling exists for such equipment. The department may accept international or other approved certifications for components which are not listed and labeled by a nationally recognized testing laboratory. 4004.3 Electrical wiring and equipment. Distillery equipment used to manufacture, store, handle or use beverage alcohol shall be bonded and grounded to protect against electrical discharge in accordance with the Electrical Code. 4004.4 Piping systems. Piping systems for conveying Class I liquids, including piping, tubing, valves, pumps, and fittings shall be designed, installed and maintained in accordance with FC 5703.6 and ASME B31.3, except that acceptance testing shall be conducted in accordance with FC 4001.4. 4004.5 Stills. Stills shall be designed and installed in accordance with FC 4004.5.1 through 4004.5.4. 4004.5.1 Certificate of approval. Stills shall be of a type for which a certificate of approval has been issued in accordance with FC 112 and the rules. On an interim basis, the department may grant a site-specific approval of a still for which a manufacturer has not obtained a certificate of approval upon a satisfactory showing by the permit applicant as to the still manufacturer's design and installation specifications and operational and maintenance requirements. 4004.5.2 Installation. Stills shall be stationary, by securing them in an approved manner. 4004.5.3 Heat source. Heating shall be by indirect means, using steam, hot water or other approved method. Mechanical equipment with burners, or using other flames or exposed electrical elements, shall not be installed. An emergency shutoff switch for the heat source shall be provided at the entrance to the processing area. 4004.5.4 Ingredients. All liquid and solid ingredients shall be suitable for use in the still for which a certificate of approval is sought. 4004.6 Tanks and containers. Alcohol handled and used during distilling and alcohol processing shall be stored in alcohol process tanks in accordance with FC 4005. 4004.7 Barrels. Barrels and barrel storage shall be designed in accordance with FC 4005.3 and distilled spirits industry standards. 4004.8 Powered industrial trucks and other mechanical handling equipment. Powered industrial trucks shall be stored and used in accordance NFPA 505 and distilled spirits industry standards. Other mechanical handling equipment shall be stored and used in accordance with distilled spirits industry standards.

NYC Fire Code § FC 4005 Storage of Alcohol in Distilleries

Section FC 4005: Storage of Alcohol in Distilleries 4005.1 Alcohol storage tanks and containers. In a distillery, raw alcohol and distilled spirits shall be stored in tanks and containers designed and installed in accordance with FC Chapter 32 and NFPA 30, as applicable, except as otherwise provided in FC 4005.1.1 through 4005.1.5. 4005.1.1 Aboveground storage. Notwithstanding the provisions of FC 5701.7(3) and 5704.1.1, in a distillery raw alcohol, distilled spirits and other alcohol that is a Class II or III liquid, shall be stored in an aboveground storage tank or aboveground intermediate bulk container. 4005.1.2 Tank and container construction. All tanks and containers in which alcohol is stored and handled, except barrel storage, shall be constructed of stainless steel and designed in accordance with FC 5704, 5705.2 and 5705.3. Raw alcohol delivered to a distillery in a plastic intermediate bulk container shall be expeditiously (but not later than the end of the workday) transferred into a stainless steel storage tank or stainless steel intermediate bulk container in accordance with FC 4005. 4005.1.3 Tank and container installation. All tanks and containers in the distilled spirits processing area and all tanks and containers which transfer their contents by piping or which are otherwise part of a stationary installation, shall be securely affixed to the floor, to prevent movement. 4005.1.4 Portable tanks and containers. Portable tanks and containers not required to be affixed to the ground shall be placed in a location and manner in which they will remain stable. Portable tanks and portable containers shall not be stacked unless such tanks and containers are designed and listed for that purpose, and, if so, shall not be stacked more than two tiers or 12 feet (3658 mm) above the floor. Powered industrial trucks or other suitable devices, equipment or systems shall be used to lift and lower the portable tanks and portable containers. 4005.1.5 Open tanks and containers. Any open alcohol process tank or alcohol storage equipment shall have a vapor-tight lid or other similar form of closure. Such lid or closure shall be kept closed at all times when the tank or container contains alcohol or alcohol residues, except as necessary during handling and processing operations. 4005.1.6 Separation and aisles. Separation and aisles between storage tanks and containers shall be in accordance with FC 5704.3.7.2.2. 4005.2 Distillery storage locations. In a distillery, raw alcohol and distilled spirits shall be stored in the locations specified in FC 4005.2.1 through 4005.2.6, except as otherwise provided in FC 4003.4.2. 4005.2.1 Storage of raw alcohol. Raw alcohol shall be stored in an alcohol storage area. Raw alcohol shall not be stored in distilled spirits processing areas, but shall be transferred from the alcohol storage area to the still. 4005.2.2 Storage of process alcohol. Process alcohol shall be stored in the distilled spirits processing area in alcohol process tanks, except for alcohol temporarily stored in portable containers during processing, and barrel storage. Process alcohol undergoing aging in barrels shall be stored in a separate fire area as set forth in FC 4003.4. 4005.2.3 Storage of distilled spirits ready for bottling. Distilled spirits ready for bottling or other packaging as finished goods shall be stored in distilled spirits process area in alcohol process tanks or alcohol storage area. 4005.2.4 Distillery waste products. Any methanol, stillage or other residue that is susceptible to spontaneous ignition or otherwise presents an imminent hazard shall be stored in an alcohol storage area or other approved location. Any other distillery waste product, such as materials contaminated with alcohol, shall be stored in a noncombustible container in the business operations area and disposed of in accordance with FC 304. 4005.2.5 Finished goods. Finished goods may be stored in the general business operations area, distillery serving area, alcohol storage room and barrel storage room. Finished goods shall not be counted toward the maximum allowable quantity of alcohol allowed in that fire area. 4005.3 Barrel storage. Alcohol shall be stored in barrels in accordance with FC 4005.3.1 through 4005.3.2. 4005.3.1 Barrel storage. Barrels shall be stored on the floor, in a secure rack of substantial construction in accordance with distilled spirits industry standards, or on pallets (with barrels stored on their flat ends). Barrel storage shall be limited such that the top of the stored barrels shall not exceed a height of 12 feet (3658 mm) above the floor, except as may be otherwise approved by the department based on the location and manner of such high-piled storage and a determination that barrel handling (including the dropping of a barrel or pallet of barrels) does not present an undue hazard to other distillery operations. Barrels stored above floor level shall be on approved shelves or racks designed and/or listed for such purpose. Barrel storage more than 6 feet (1829 mm) above the floor shall be in compliance with Building Code requirements, the high-piled combustible storage requirements of FC Chapter 32, and distilled spirits industry standards. 4005.3.2 Used barrels. Barrels previously filled with distilled spirits shall be handled and stored as if full unless cleaned and purged of vapors in accordance with distilled spirits industry standards.

NYC Fire Code § FC 4006 Operational and Maintenance Requirements for Distilleries

Section FC 4006: Operational and Maintenance Requirements for Distilleries 4006.1 General. Distilleries shall be operated and maintained in accordance with this section and distilled spirits industry standards. 4006.2 Operation of distillery serving area in distilleries. Tasting rooms or other distillery serving areas may be housed or operated in a distillery provided that such tasting rooms and distillery serving areas are protected by a fire separation in accordance with FC 4003.4. Any commercial kitchen shall be operated in a fire area separated from distilled spirits processing areas and alcohol storage areas in accordance with the Building Code. 4006.3 Business operations area. To the maximum extent practicable, the distilled spirits processing areas and alcohol processing areas in a distillery shall be used solely for distilling and alcohol processing. All other business operations, storage of other business equipment, deliveries (including deliveries of raw alcohol and other raw materials) and shipments (including shipment of finished goods), shall be conducted in a separate business operations area. Whenever practicable, deliveries of raw alcohol and other raw materials shall not be made through the distillery serving area or other area accessible to the public, or shall be made when those areas are closed to the public. 4006.4 Alcohol handling. All transfers of alcohol into and between distillery equipment shall be in accordance with FC 5705.2.4, or other approved means. 4006.5 Barrel filling and emptying. Barrel filling and emptying, including the blending of distilled spirits from barrel storage, shall be conducted in the alcohol processing area or bottling area, except as otherwise provided in FC 4003.4.2. 4006.6 Staffing of facility. A certificate of fitness holder shall be present on the premises at all times when distilling and alcohol processing is being conducted, shall personally conduct any distilling, and shall tend to the still at all times when in operation in accordance with distilled spirits industry standards. The certificate of fitness holder shall also be present on the premises during the transfer of raw alcohol from a shipping container into distillery equipment. At least one other trained and knowledgeable person shall be present on the premises when the quantity of alcohol undergoing distillation or alcohol processing exceeds 5 gallons (19 L). 4006.7 Spill mitigation and reporting. Leaks, spills or other uncontrolled discharges of raw alcohol or distilled spirits shall be mitigated and reported in accordance with FC 4006.7.1, 4006.7.2, and 5003.3. 4006.7.1 Spill mitigation. Spills of raw alcohol or distilled spirits shall be contained and, if practicable, promptly diluted by water. Spills shall be mitigated using a spill kit suitable for flammable alcohol and the flammable or combustible waste disposed of in accordance with applicable laws, rules and regulations. Floor drains shall only be used for collection and/or disposal of spills when approved by the department. The distillery's spill mitigation and reporting procedures shall be set forth in the distillery's emergency response plan. 4006.7.2 Cessation of distillery operations. In the event of a leak, spill or uncontrolled discharge, distillery operations unrelated to the mitigation of the release shall immediately cease. Distillery operations shall resume only when the hazard has been mitigated and the spilled material has been removed. 4006.8 Combustible materials. Packaging materials and other combustible materials shall not be stored in the distilled spirits processing area or barrel storage areas except as needed for immediate use. Additional (bulk) storage of such materials shall be located in the business operations area of the distillery. Idle pallets of wood and other combustible materials shall be stored in the business operations area of the distillery in accordance with FC Chapter 32. 4006.9 Distillery waste products. Any methanol, stillage or other distillery waste product shall be collected and disposed of in accordance with FC 304. Such waste shall be removed from the distilled spirits processing areas and alcohol processing areas immediately upon completion of the distilling or alcohol processing operation from which it was generated, and stored in accordance with FC 4005.2.4. 4006.10 Public access and tours. Persons not conducting necessary distillery operations shall not be allowed in the distilled spirits processing areas and alcohol storage areas during distilling or alcohol processing operations, except distillery tours may be conducted in designated locations within such areas, as authorized by the department, and supervised by a certificate of fitness holder. Non-distillery staff shall be restricted to the distillery serving area and general business operations area. 4006.11 Maintenance of equipment. All distillery equipment shall be periodically inspected, tested and otherwise maintained in accordance with the original equipment manufacturer's instructions, distilled spirits industry standards, and all applicable laws, rules and regulations. The original equipment manufacturer's manuals for the installation, operation and maintenance of all distillery equipment shall be maintained on the premises and made available for inspection by any representative of the department. 4006.12 Sources of ignition. Safety precautions shall be taken to prevent ignition of flammable liquids or vapors from any potential ignition source, including any heat, friction or electrical current generated in connection with cleaning, maintenance and repair work. 4006.12.1 Smoking. It shall be unlawful to smoke in a distillery. "No Smoking" signs shall be posted in accordance with FC 310. 4006.12.2 Open flames. Open flames, including barrel charring operations, are prohibited in the distilled spirits processing area and other alcohol production areas, except as authorized by the department. 4006.12.3 Environmental control. The ambient room temperature and other environmental factors in the distilled spirits processing area and storage areas shall be kept within limits suitable for safe distilling and alcohol processing operations and alcohol storage, as applicable. 4006.13 Signage and markings. NFPA 704 signage shall be posted at the entrance to the distilled spirits processing areas, and storage and barrel storage areas, in accordance with FC 5003.5. The piping shall be marked in accordance with FC 5703.5. 4006.14 Portable fire extinguishers. Portable fire extinguishers shall be provided in accordance with FC 906. 4006.15 Safety data sheets. Safety data sheets shall be maintained on the premises in accordance with FC 5003.4.

NYC Fire Code § FC 4007 Other Alcohol Production

Section FC 4007: Other Alcohol Production 4007.1 Scope. This section governs the materials and processes used to produce alcohol for distilling, including grain storage, handling and milling, mashing and fermenting, and any byproducts generated from those processes. 4007.2 General. All materials and processes governed by this section shall be designed, installed, operated and maintained in accordance with this section and distilled spirits industry standards. 4007.3 Grain storage, handling and milling. Distilleries shall be designed, installed operated and maintained to safely store, handle and use any grain or other raw material used in milling, mashing and fermenting operations that generates combustible dust, as defined in FC 2202.1. A hazard analysis shall be conducted based on the quantity and processing of the grain or other combustible dust-producing raw material in accordance with NFPA 652. The distillery shall be designed and/or equipped as required by NFPA 652 based on the type and amount of combustible dust that could be generated, including the following safety measures, as applicable: 1. Except as otherwise provided in FC 4003.2(1), the storage, handling and milling of grain or other combustible dust-producing raw material shall be conducted in a space that is constructed as a high hazard occupancy in accordance with the Building Code; and/or 2. Except as otherwise provided in FC 4003.4.2, the storage, handling and milling of grain or other combustible dust-producing raw material shall be conducted in a space separated by fire separations from the distilled spirits processing areas and alcohol processing areas and alcohol storage areas; and/or 3. A mechanical ventilation system shall be provided to prevent the concentration of combustible dust from reaching explosive levels in accordance with FC Table 2204.1; and/or 4. Specialized dust collection systems and devices shall be provided to reduce the amount of atmospheric combustible dust; and/or 5. Grain or other combustible dust-producing raw material shall be stored in suitable containers; and/or 6. Limitations shall be established on the quantity of grain or other combustible-dust producing raw material that can be stored, handled and milled at the distillery at one time. 4007.4 Design of facility. The space used for grain storage, handling and milling, mashing and fermenting, and/or related operations shall meet the requirements of FC 4007.4.1 through 4007.4.3. 4007.4.1 Separation from distilled spirits and alcohol processing areas. Such space shall be separated by fire separations from the distilled spirits processing areas and alcohol processing areas and alcohol storage areas, or shall meet the requirements for such areas as set forth in FC 4003. 4007.4.2 Fire protection systems. Such space shall be equipped with fire protection systems in accordance with FC 4003.5, notwithstanding the provision of fire separation pursuant to FC 4007.4.1. 4007.4.3 Mechanical equipment. No mechanical equipment with burners or using other flames or exposed electrical elements, may be installed or used, notwithstanding the provision of fire separation pursuant to FC 4007.4.1. 4007.5 Other alcohol production waste. Any byproduct or residue generated by grain storage, handling and milling, mashing and fermenting and/or related operations, including combustible liquids, combustible waste and carbon dioxide, shall be handled or mitigated in a manner appropriate for the level of hazard that it presents. Where the carbon dioxide generated by other alcohol production may exceed United States Occupational Safety and Health Administration safety limits, an oxygen sensor or other approved or listed device shall be installed.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-148218Fetched: 10/24/2026