File #: Int 1397-2025    Version: Name: Establishing resilient construction standards for tanks in stormwater flood risk areas
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Environmental Protection, Resiliency and Waterfronts
On agenda: 9/25/2025
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, the New York city building code, and the New York city mechanical code in relation to establishing resilient construction standards for tanks in stormwater flood risk areas, requiring the department of buildings to provide information about flood risks on a portal maintained by the department, and requiring a study to make recommendations for new regulations related to the prevention of stormwater flooding
Sponsors: James F. Gennaro, Lincoln Restler, Justin L. Brannan, Farah N. Louis, Mercedes Narcisse
Council Member Sponsors: 5
Summary: This bill would require the Office of Long-Term Planning and Sustainability, in consultation with the Department of Environmental Protection, and the Department of Buildings (DOB) to conduct a study to develop construction code amendments to address stormwater flood risks. This bill would also require DOB to indicate on its building information system online portal whether a property is within the 10-year rainfall flood risk area, and a link to information about the risks of stormwater flooding to properties. Finally, this bill would amend Appendix G of the Building Code to require that above-ground tanks in the 10-year rainfall flood risk area be elevated to account for the risks of stormwater flooding.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1397-A, 2. Summary of Int. No. 1397, 3. Int. No. 1397, 4. September 25, 2025 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 9-25-25.pdf, 6. Committee Report 10/22/25, 7. Fiscal Impact Statement - City Council, 8. Fiscal Impact Statement - OMB, 9. Hearing Testimony 10/22/25, 10. Hearing Transcript 10/22/25, 11. Proposed Int. No. 1397-A - 12/1/25

Proposed Int. No. 1397-A

 

By Council Members Gennaro, Restler, Brannan, Louis and Narcisse

 

A Local Law to amend the administrative code of the city of New York, the New York city building code, and the New York city mechanical code in relation to establishing resilient construction standards for tanks in stormwater flood risk areas, requiring the department of buildings to provide information about flood risks on a portal maintained by the department, and requiring a study to make recommendations for new regulations related to the prevention of stormwater flooding

 

Be it enacted by the Council as follows:

 

Section 1. The title of chapter 36 of title 26 of the administrative code of the city of New York, as added by local law number 87 for the year 2025, is amended to read as follows:

FLOODING ADAPTATION INFORMATION [SESSIONS]

§ 2. Chapter 36 of title 26 of the administrative code of the city of New York is amended by adding new section 26-3602 to read as follows:

§ 26-3602 Building-level flood information. a. Definitions. For the purposes of this section, the following terms have the following meanings:

10-year rainfall flood risk area. The term “10-year rainfall flood risk area” has the same meaning as set forth in subdivision a of section 24-809.

Department. The term “department” means the department of buildings.

b. For each property included in the New York city building information system, and any successor portal, the department shall provide on each property profile overview: (i) information indicating whether a building is located within the 10-year rainfall flood risk area; and (ii) a link to the webpage created by the department pursuant to subdivision c of this section.

c. The department shall create a webpage on the website of such department with information about the 10-year rainfall flood risk area including but not limited to:

1. General flood risks to property associated with stormwater flooding;

2. A link to the 10-year rainfall flood risk area map published by the department of environmental protection in accordance with section 24-809; and

3. Construction, retrofit, and design guidance for stormwater flood mitigation strategies applicable to buildings.

§ 3. Section G307.2 of appendix G of the New York city building code, as amended by local law number 126 for the year 2021, is amended to add a new section G307.2.1:

G307.2 Above-ground tanks. Above-ground tanks in special flood hazard areas shall be:

 

1. Elevated to or above the design flood elevation specified in ASCE 24, Table 7-1; or

 

2. Designed, constructed, installed, and anchored to prevent flotation, collapse and lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of flooding to the design flood elevation, in accordance with ASCE 24.

 

G307.2.1 10-year rainfall flood risk area. Above-ground tanks in the 10-year rainfall flood risk area, as defined in Section 24-809 of the Administrative Code, shall be elevated not less than 2 feet (610 mm) above the adjacent ground surface.

 

Exception: An in-kind replacement of an existing above-ground tank located in a cellar or basement shall not be required to be elevated.

 

§ 4. Section G307.3 of appendix G of the New York city building code, as amended by local law number 126 for the year 2021, is amended to add a new section G307.3.1:

G307.3 Tank inlets and vents. In special flood hazard areas, tank inlets, fill openings, outlets and vents shall be:

 

1. Installed at or above the design flood elevation specified in ASCE 24, Table 7-1, or designed to prevent the inflow of floodwater and outflow of the contents of the tanks during conditions of flooding to the design flood elevation, in accordance with ASCE 24; and

 

2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of flooding to the design flood elevation, in accordance with ASCE 24.

 

G307.3.1 10-year rainfall flood risk area. Tank inlets, fill openings, outlets, and vents in the 10-year rainfall flood risk area, as defined in Section 24-809 of the Administrative Code, shall be elevated not less than 2 feet (610 mm) above the adjacent ground surface.

 

Exception: An in-kind replace of such tank inlets, fill openings, outlets, and vents located in a cellar or basement shall not be required to be elevated.

 

                     § 5. Section 107.5 of the New York city mechanical code, as amended by local law number 126 for the year 2021, is amended to read as follows:

107.5 Fuel-burning and fuel-oil storage equipment plans. Construction documents for fuel-burning and fuel-oil storage equipment shall contain plans that include the following data and information:

 

1.                     Diagrams of all distribution piping, including vent and fill piping for oil systems, and all safety cut-off and relief devices and valves in piping; indications of the sizes of distribution piping to be used and the fire-resistive ratings of the shafts or spaces containing distribution piping where required to be fire rated.

 

2.                     Diagrammatic floor plans showing the size, location, material for all fuel oil and transfer distribution piping and related equipment.

 

3.                     Floor plans or partial floor plans showing the location, operating pressure, layout, size, and listing information for all fuel-burning equipment, tanks, vents, and chimneys. The plans shall also indicate the method or means of providing air to the equipment space, including duct and opening sizes or means of direct venting.

 

4.                     Plans indicating the location and type of any relevant smoke and heat detectors, alarm and fire extinguishing systems.

 

5.                     Seismic protection and restraint details for piping and equipment as required by Chapter 16 of the New York City Building Code.

 

6.                     Details indicating the location, size and materials for all breechings; the thickness and type of insulation materials; and the clearances from combustible walls, partitions, and ceiling; and the fire-resistive ratings of rooms and spaces containing the equipment.

 

7.                     Details describing the type, material, listing information, height, and termination distances to adjacent proper-ties and structures for chimneys and vents.

 

8.                     Details showing structural supports for fuel-burning equipment where required.

 

9.                     A statement as to the kind or grade of fuel to be used.

 

10.                     Plans indicating the location, arrangement, size, load, and maximum capacity of the burning, storage and fuel-pumping equipment.

 

11.                     In special flood hazard areas, and in 10-year rainfall flood risk areas as defined in Section 24-809 of the Administrative Code, construction documents shall comply with Appendix G of the New York City Building Code

 

§ 6. The office of long-term planning and sustainability, in consultation with the department of buildings and the department of environmental protection, shall conduct a study to develop recommendations for requirements to be added to the New York city building code and any other construction or design guidelines to address the risks of stormwater flooding to buildings within New York city, including recommendations for flood elevation regulations. No later than July 1, 2028, such office shall post on its website and submit to the mayor and the speaker of the council a report on the findings of such study.

§ 7. This local law takes effect January 1, 2028, except that section six of this local law takes effect immediately.

 

NAW/BJR/AGB/NNB

LS #20044

11/25/25 11:51 PM