Real Property

ARTICLE 7A
Portable Kerosene Heaters
Section 239. Legislative findings.
239-a. Definitions.
239-b. Only approved portable kerosene heaters permitted in
structures.
239-c. Approval by the secretary of state.
239-d. Sale of unapproved portable kerosene heaters.
239-e. Portable kerosene heaters prohibited in multiple
dwellings.
239-f. Penalties for violation.
239-g. Application of article.

S 239. Legislative findings. The legislature recognizes that the
ever-increasing cost of home heating has resulted in widespread consumer
interest in the use of portable kerosene heaters. Because there is a
wide variety of kerosene heaters, including different designs and
intended purposes, the public interest requires that those heaters which
are used in residential structures meet certain safety standards
designed to insure that they are reasonably safe for that purpose.
Accordingly, it is the intent of this article to protect the public by
establishing standards which will permit the use of reasonably safe
heaters in residential structures.

S 239-a. Definitions. As used in this article the following terms
shall mean and include:
1. "Structure. " Any building or completed construction of any kind
including but not limited to, private dwellings or to any structure used
for business, commercial or industrial purposes, but not including
multiple dwellings, buildings under construction, or buildings used
solely for agricultural purposes.
2. "Multiple dwelling. " A multiple dwelling is a dwelling which is
either rented, leased, let or hired out to be occupied or is occupied as
the residence or home of three or more families living independently of
each other and shall include, dwelling portions of hospitals, nursing
homes, convents, monasteries, asylums and public institutions.
3. "Owner. " The owner of the freehold of any real property (as
defined in section two of the real property law), or of a lesser estate
therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent, or any other person, firm or
corporation, directly or indirectly in control of real property.
4. "Person. " The term person shall include the owner, mortgagee or
vendee in possession, assignee of rents, receiver, executor, trustee,
lessee, agent or any other person, firm or corporation, directly or
indirectly in control of a structure or part thereof.
5. "Listed." Any portable kerosene heater which has been tested by an
independent, nationally recognized testing or inspection agency,
acceptable to the secretary of state and which has been determined to
meet a generally accepted standard for such heaters. Such determination
shall be evidenced by either the inclusion of the heater on a list
published by such agency or by the heater bearing the listing mark of
such agency. 6. "Portable kerosene heater." Any non-flue connected,
self-contained, self-supporting, kerosene-fueled heating appliance
equipped with an integral reservoir, designed to be carried from one
location to another.
7. "Approved portable kerosene heater." Any listed portable kerosene
heater which:
(a) has a fuel capacity of not more than two gallons;
(b) emits no more than .04 percent carbon monoxide in an air free
sample of flue gases at maximum heat output and no more than .08 percent
at recommended low-fire setting;
(c) has a minimum tipping angle of no more than thirty-three degrees
from the vertical with a full fuel reservoir;
(d) has an automatic shutoff safety device or inherent design feature
which extinguishes the heating flame upon tipover in not more than ten
seconds;
(e) includes as standard equipment a pump or siphon for refueling; (f)
is packaged with instructions advising the purchaser of proper
maintenance and operation;
(g) bears labeling, in conspicuous letters, cautioning and informing
the purchaser as to:
(i) the need for an adequate source of ventilation when the heater is
in operation;
(ii) the use of only suitable fuel for the heater;
(iii) proper manner of refueling;
(iv) proper placement and handling of the heater when in operation;
and
(v) proper procedures for lighting, flame regulation and extinguishing
the heater;
(h) after April first, nineteen hundred eighty-two, meets such
additional standards, if any, as may be contained in reasonable rules
and regulations adopted by the secretary of state pursuant to section
two hundred thirty-nine-c of this article.

S 239-b. Only approved portable kerosene heaters permitted in
structures. Portable kerosene heaters which do not meet the requirements
of subdivision seven of section two hundred thirty-nine-a of this
article are prohibited in structures. It shall be unlawful for any
person (1) to use any portable kerosene heater except an approved
portable kerosene heater in any portion of a structure, or (2) being the
owner of such structure, to provide or place or cause to be provided or
placed in any portion of a structure, any portable kerosene heater
except an approved portable kerosene heater for use by any occupant of
such structure.

S 239-c. Approval by the secretary of state. After April first,
nineteen hundred eighty-two, no portable kerosene heater shall be
offered for sale in this state for use in a structure unless it has been
approved by the secretary of state or his designee. In determining
whether to approve a portable kerosene heater for sale, the secretary of
state shall consider whether the heater meets (1) the standards set
forth in subdivision seven of section two hundred thirty-nine-a of this
article, and (2) any additional standards which the secretary of state
reasonably believes are required to effectuate the purposes of this
article as set forth in section two hundred thirty-nine of this article.
The secretary of state may promulgate reasonable rules and regulations
setting forth the procedure by which portable kerosene heaters will be
reviewed for approval.

S 239-d. Sale of unapproved portable kerosene heaters. All unapproved
portable kerosene heaters offered for sale in this state shall have
printed thereon or attached thereto and on the package in which such
heater is sold the following statement: "This heater is not approved for
residential or commercial use." There shall also be printed thereon or
attached thereto and on the package in which such heater is sold such
other information as may be required by the secretary of state.

S 239-e. Portable kerosene heaters prohibited in multiple dwellings.
It shall be unlawful to use any portable kerosene heater in a multiple
dwelling.

S 239-f. Penalties for violation. Any person who shall violate any
provision of this article shall be guilty of a misdemeanor, punishable
for each offense by a fine not exceeding one hundred dollars or by
imprisonment for a period of not more than ninety days.

S 239-g. Application of article. 1. This article shall not be
applicable to any city having a population in excess of five hundred
thousand.
2. Nothing in this article shall be construed to permit the sale or
use of any portable kerosene heater in any municipality in which such
use or sale is restricted or prohibited by any general, special or local
law or rule or regulation.