New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter A - Heating Fuel Emergency Procedures › Part 7870 - Notice Of Refusal, Suspension Or Termination Of Heating Fuel Deliveries › Section 7870.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Automatic delivery account shall mean a
					 contract under which a distributor delivers heating fuel to a residential
					 building whenever the distributor determines that a delivery is needed, without
					 obtaining a separate request or authorization from the customer for each
					 delivery.
(b) Customer shall mean
					 any person, firm, partnership or corporation responsible or offering to become
					 responsible, for the purchase of heating fuel for one or more residential
					 buildings located within New York State; and, with regard to a multiple
					 dwelling, shall mean the owner or managing agent of such dwelling.
(c) Cutoff shall mean a refusal to make a
					 requested delivery, as defined in subdivision (j) of this section, or a
					 suspension or termination of regularly scheduled deliveries, as defined in
					 subdivision (n) of this section.
(d) Designated person shall mean a relative
					 or other person, or a social services agency, designated by a customer to
					 receive notice of any cutoff affecting the customer.
(e) Distributor shall mean any person, firm,
					 partnership or corporation delivering heating fuel to customers for consumption
					 in residential buildings located within New York State.
(f) Emergency shall mean a situation in which
					 an occupied residential building is currently without heating fuel or is
					 anticipated to be without heating fuel within 48 hours.
(g) Emergency agency shall mean the municipal
					 or county agency or private organization for a municipality or county listed in
					 Appendix BB-7 of this Title.
(h)
					 Heating fuel shall mean No. 2 distillate fuel oil, No. 4 blended fuel oil, No.
					 6 residual fuel oil, kerosene, liquid propane gas, or any other fuel, other
					 than natural gas or electricity, used for heating residential
					 buildings.
(i) Multiple dwelling
					 shall mean any residential building or structure, or portion thereof, which is
					 either rented, leased, let or hired out to be occupied, or is occupied, as the
					 temporary or permanent residence or home of three or more families living
					 independently of each other.
(j)
					 Refusal to make a requested delivery shall mean an outright denial of a
					 request, by any will-call, cash on delivery or other customer, to deliver
					 heating fuel to any residential building; but shall not mean any situation,
					 other than an emergency, in which a distributor indicates that heating fuel
					 will be delivered on a later date than that requested by a customer.
(k) Residential building shall mean a
					 building or structure or portion thereof which is occupied in whole or in part
					 as the home, residence or sleeping place of one or more human beings.
(l) Severe or hazardous health situation
					 shall mean a situation in which a customer is unable to protect himself or
					 herself, and all other inhabitants of the residential building for which the
					 customer is purchasing fuel, from danger to health or safety caused by a
					 cutoff, by obtaining heating fuel from another source or by securing adequate
					 alternative shelter.
(m) Social
					 services district office shall mean the district office for a municipality or
					 county listed in Appendix BB-6 of this Title.
(n) Suspension or termination of regularly
					 scheduled deliveries shall mean any suspension or termination of deliveries of
					 heating fuel made on an automatic delivery account to a residential building;
					 but shall not mean any situation, other than an emergency, in which a
					 distributor notifies a customer by telephone that the customer's account will
					 be converted from an automatic delivery account to a delivery on request or
					 cash on delivery account.
(o)
					 Will-call account shall mean an account for which the distributor delivers
					 heating fuel to a residential building upon obtaining a separate request from
					 the customer for each delivery, and not whenever the distributor determines
					 that a delivery is needed.