2023 New York Laws › RPP - Real Property › Article 7A - Portable Kerosene Heaters › 239-A - Definitions.

§  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.