Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

September 29, 2003

RE: Replacement of three damaged dispensers at an existing service station FCNYS 2206.8

This is in response to your question regarding the applicability of Fire Code of New York State (FCNYS) section 2206.8 which states that an automatic fire-extinguishing system using an extinguishing agent suitable for petroleum fires and installed in accordance with section F904.6 shall be provided for all new flammable liquid fuel dispensing systems subject to section F2206. Fire protection systems at unattended self-service stations shall be monitored by an approved supervising station in accordance with section F901.9.4. You state that motor fuel dispensers have been damaged by vehicles and that subsequently, three dispensers have been replaced with upgraded models.

You also cite Property Maintenance Code of New York State (PMCNYS) section PM704.1 which requires all systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the FCNYS. You state that the service station does not have an existing automatic fire-extinguishing system.

It is our opinion that the replacement of some of the dispensers because of damage, even replacement with upgraded models, does not require compliance with FCNYS section 2206.8, in that the replacement of dispensers does not constitute a new "flammable liquid fuel dispensing system." However, if all of the dispensers were replaced at once, then this section would be applicable.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,
Cheryl A. Fischer, P.E.
Assistant Director for Code Interpretation
Codes Division
Al03-233

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526